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ST. CROIX COUNTY BOARD OF ADJUSTMENT
Thursday, May 27, 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: June 24, 2010
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS — See Attached
G NEW BUSINESS
1. Election of officers.
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: May 7, 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, May 27, 2010, 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 the sites in question, after which the Board will deliberate and
vote on the requests.
SPECIAL EXCEPTION
1. APPLICANT: Russ Utecht
LOCATION: E1 /2 of the NE' /4 and the NE' /4 of the SE 1 /4 of Section 21, T30N, R18W, Town of
Richmond
ADDRESS: 1454 120 ' Street
REQUEST: Special Exception request to renew an existing Non - metallic mining operation in the Ag
Residential District pursuant to Section 17.15(6)(g)of the St. Croix County Zoning
Ordinance.
2. APPLICANT: Donnie Vincent
LOCATION: SW '/4 of the NW ' / 4 and the SE ' / 4 of the NW ' / 4 of Section 10, T3IN, RI 8W,
Town of Star Prairie
ADDRESS: 1120 Old Mill Road
REQUEST: Amendment to a special exception permit previously approved by the Board of Adjustment
in order to create an "event only" campground in the Commercial District pursuant to Section
17.18(9)u. 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
VORIGINAL
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
May 27, 2010
The meeting was called to order by Chairperson Clarence "Buck" Malick at 8:32 a.m. A
roll call was made. David Peterson, Jerry McAllister and Sue Nelson were present. Joe
Hurtgen was absent and excused. Staff included: Kevin Grabau, Code Administrator;
Alex Blackburn, Zoning Specialist; Dan Sitz, Code Enforcement Technician; 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, June 24, 2010 at 8:30 a.m. in
the County Board Room of the Government Center in Hudson.
Application #1: Russ Utecht — Special Exception
The applicant requested a renewal of a special exception permit for a non - metallic mining
operation in the Town of Richmond.
Staff presented the application and staff report. Town of Richmond recommended
approval of the request. St. Croix County Land and Water Conservation Department
reviewed the application and found the reclamation plan to be thorough and complete.
They also found the amount of financial assurance to be accurate. Wisconsin Department
of Natural Resources was sent a copy of the application for review and did not submit
comments for the Board's consideration. The pit is internally drained so the DNR does
not require a storm water permit. Staff recommended approval based on 11 findings of
fact and conclusions of law with 12 conditions for consideration.
Russ Utecht, owner /operator of Utecht Sand Gravel, signed an oath and spoke in favor of
the request. He testified the 24 hours of operation is not a big issue. He stated if they are
in need of 24 hours of operation they will contact the County for approval; it would only
be for 1 -3 weeks at a time if needed. He said they have never received any complaints.
He testified the plans are to reclaim the area around County Road G; however the
reclaiming process is continuous.
No one testified in opposition.
Application #2: Donnie Vincent/Sand Box Arena: After - the -fact Special Exception
Amendment
The applicant requested approval of an after- the -fact amendment to a special exception
permit to have event camping instead of a permanent campground as approved by the
Board of Adjustment on June 1, 2008.
Staff presented the application and staff report. The Town of Star Prairie Planning
Commission met about the application on May 18, 2010. They have a concern with
dumping of holding tanks from the campers being dumped along the roadside. St. Croix
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Land and Water Conservation Department reviewed the site and found un- vegetated soils
and erosion in several areas. The sediments have been removed twice from navigable
wetland on -site. The Department did not support any amendments to the permit until the
site is stabilized. St. Croix County Highway Department verified improvements have
been made to County Highway CC and Old Mill Road to handle the high percentage of
trailer, camper, and RV traffic generated by the existing racetrack and indoor motocross
facility. The applicants are going to apply for an event camping license for each of the
four weekend camping events through the St. Croix County Public Health Department.
The Department has been working with the applicants and County Code Enforcement
Staff on complaints regarding noise from exhaust fans and CO2 emissions. Wisconsin
Department of Natural Resources had concerns about the sediment pond and wetland on
the north side of the building. Both have filled up with sediment. The Department
informed staff no additional Chapter 30 permits would be required to add a campground.
Staff recommended tabling the request until the June 24, 2010 meeting based on 17
findings of fact and conclusions of a law if a few items are addressed by June 11, 2010.
Donnie Vincent signed an oath and spoke in favor of the request. He testified the plans
are to use the pipe that is connected to existing septic tank; that pipe will be utilized as
part of their dumping station. He stated there is currently no dumping station on the
property. There is a pipe buried currently that is not connected to a tank. He has been
working diligently on the erosion; which has been a constant battle. He stated the
camping is going to be used for Cedar Lake Speedway. He said they have to go to State
of Wisconsin to get event camping approval and the Town of Star Prairie to get approval
at least 7 days before the event and 2 days before the Board meeting.
No one testified in opposition.
Minutes
Motion by Peterson, second by Nelson to approve the March 25, 2010 minutes as
presented. Motion passed unanimously.
Elections
Peterson presided during the election of the chair.
McAllister nominated Buck Malick as Chairperson, second by Nelson. No one else was
nominated. Motion carried unanimously.
Chairman Malick presided during the remainder of the elections.
Peterson nominated Jerry McAllister as Vice Chairperson, second by Nelson. After three
calls and no further nominations, Chairperson Malick declared McAllister as Vice
Chairperson.
Peterson nominated Sue Nelson as Secretary, second by McAllister. After three calls and
no further nominations, Chairperson Malick declared Nelson as Secretary.
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Recessed for site visits at 9:30 a.m.
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 #I: Russ Utecht — Special Exception
Motion by Nelson, second by Peterson to approve based on the following findings of fact
and conclusions of law:
1. The applicants are Russell and Jeanette Utecht, property owners.
2. The site is located on 1454 120' Street In the E1 /2 of the NE 1 / and the NE 1/ of the
SE1 /4 of section 21, T30N, R1 8W in the Town of Richmond.
3. The applicants filed with the Board of Adjustment an application to renew a
special exception permit for a non - metallic mining operation pursuant to Section
17.15(6)(g) of the St. Croix County Zoning Ordinance and subject to Section 14.3
A. 1.d. and the other provisions of the St. Croix County Nonmetallic Mining
Ordinance. The applicants request to remove approximately 300, 000 tons or 175,
000 cubic yards of sand and gravel per year.
4. A letter of credit for reclamation of the site for $206,000.00 is on file.
5. This request would not violate the spirit or general intent of the Ordinance since
nonmetallic mining is permitted by special exception in the Ag Residential
District and is an industry that contributes to the County's economic well being,
and the site will be returned to a meadow upon final reclamation.
6. No mining is proposed below the groundwater table. All storm water will be
managed on site. The site is screened since it is located in a depression. This site
will be returned to a meadow upon completion of reclamation. With conditions
restricting any mining below the groundwater elevation, managing storm water
runoff, limiting hours of operation and implementing the reclamation plan, this
request for continued mining operation would not be contrary to the public health,
safety, or general welfare or be substantially adverse to property values in the
surrounding neighborhood.
7. The site is screened since it is located in a depression. There are no smoke or
odors generated. Dust control measures will be implemented. With conditions to
implement dust control measures and limited hours of operation, this request for
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continued mining operation would not constitute a nuisance by reason of noise,
dust, smoke or odor.
8. The proposed operation and reclamation plans comply with the provisions of
Chapter 14, the St. Croix County Nonmetallic Mining Ordinance.
9. The Town of Richmond has reviewed the request and has recommended approval.
10. The Land and Water Conservation Department has reviewed the application and
did not have any concerns.
1 The Wisconsin Department of Natural Resources has been sent a 1 W s p copy of the
application but no comments have been received. Since the site is internally
drained, no storm water permit is needed.
With the following conditions:
1. This special exception approval allows applicants to mine approximately 175, 000
cubic yards or 300,000 tons of sand and gravel each year. Approval does not
include any change or expansion in area or operations. This approval is valid for a
period of five years and expires in May 2015, after which time it must be renewed
pursuant to Section 14.3 A.6.a -b of the St. Croix County Nonmetallic Mining
Ordinance.
2. The mining operation shall not extend into the groundwater
3. Storm water shall be managed on -site.
4. The hours of operation shall be 6:00 am to 10:00 pm Monday through Saturday
with a provision that the operator may submit a written request for
(occasional /limited) extended hours to the Zoning Administrator for review and
approval ahead of time.
5. Reclamation plans shall be followed to reclaim areas once mining operations are
complete.
6. Dust control measures shall be implemented.
7. Upon complaints of regularly occurring, excessively loud noise or complaints of
dust at any time, the applicants shall work with the Zoning Administrator to abate
the 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.
8. The applicants shall be responsible for adhering to all local, state, and federal
rules, regulations, and permits during the life of the operation.
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9. Upon any change in ownership or operation of the mine, the applicants shall
submit to the Zoning Administrator the name and contact information of the
owner and primary mine operator. The operator shall comply with all of the
general requirements and conditions listed in the nonmetallic mining and
reclamation standards in Chapter 14 — Nonmetallic Mining Ordinance (unless
varied per conditions).
10. Any minor change (or addition) in area or use beyond what is shown or indicated
in the plans shall require prior review and approval by the Zoning Administrator.
Major changes shall require the special exception approval process, as stated in
the Ordinance.
11. These conditions may be amended or additional conditions may be added if
unanticipated circumstances arise that would affect the health and /or safety of
citizens or degrade the natural resources of St. Croix County. Conditions will not
be amended or added without notice to the applicant and an opportunity for a
hearing.
12. 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.
Application #2: Donnie Vincent/Sandbox Arena — After - the -Fact Special Exception
Amendment:
Motion by Peterson, second by McAllister to table the request and recessed the public
hearing until the June 24, 2010 meeting if the following items are completed by June 11,
2010:
• Install and/or repair silt fence around the perimeter of the construction site, spread
topsoil sufficient to support permanent vegetation, seed the exposed ground and
place erosion control mat over the newly seeded areas.
• Remove all sediments that have been deposited in the storm water ponds and the
wetland.
• Submit a plan for the required noise rule signs and the emergency contact number
signs.
• Plans should include enough dump stations to adequately serve the 185 campsites in
the area.
• Documentation from your architect that the Sandbox Arena building will suffice as a
shelter for severe weather.
• More detail is needed on the security plan. How many sheriffs' deputies and
security guards do you plan to hire?
Absolutely no camping shall occur on this site until the BOA makes a final decision on
the application.
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Motion carried unanimously.
The meeting was adjourned by the Chair at 11:50 a.m.
Respectfully submitted,
Sue Nelson, Secretary Becky Egg# R g Secretary
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