HomeMy WebLinkAboutBoard of Adjustment 06-24-10 P
ST. CROIX COUNTY BOARD OF ADJUSTMENT
Thursday, June 24, 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: July 22, 2010
E. UNFINISHED BUSINESS
1. Donnie Vincent/Sandbox Arena — Amendment to Special Exception — Tabled May 27, 2010
2. Roger & Judith Kubera – Special Exception – Tabled May 28, 2009
F. PUBLIC HEARINGS – See Attached
G NEW BUSINESS
1. 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: June 2, 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, June 24, 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: Jeff Thiel
LOCATION: Government Lot 2 of Section 35, T30N, R20W, Town of St. Joseph
ADDRESS: 1248 Hwy 35
REQUEST: Item #1: Special Exception request to install a lift in the Riverway District pursuant to
Section 17.36(H)(13)of the St. Croix County Zoning Ordinance.
Item #2: After - the -fact variance request for accessory structures (deck, stairs, brick patio,
and retaining wall) within 40 feet of the bluffline 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.
Item #3: After - the -fact variance request for accessory structures (deck, stairs, brick patio,
and retaining wall) less than 25 ft. from the exterior lot line in the Lower St. Croix Riverway
Overlay District pursuant to Section 17.36.G.5.c.3) 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
June 24, 2010
The meeting was called to order by Chairperson Clarence "Buck" Malick at 8:30 a.m. A
roll call was made. David Peterson, Jerry McAllister, Sue Nelson and Joe Hurtgen were
present. Staff included: David Fodroczi, Director; Kevin Grabau, Code Administrator;
Alex Blackburn, Zoning Specialist; Pam Quinn, Zoning Specialist; and Monica Lucht,
Recorder.
Staff confirmed to the Board that this was a properly noticed meeting.
The next meeting for the Board is scheduled for Thursday, July 22, 2010 at 8:30 a.m. in
the County Board Room of the Government Center in Hudson.
Application #1: Jeff Thiel: Special Exception and Two After - the -fact Variances
The applicant requested a special exception permit to construct a mechanical lift in the
Lower St. Croix Riverway Overlay District, an after - the -fact variance for accessory
structures (deck, stairs, brick patio, and retaining wall) within 40 feet of the bluffline in
the Lower St. Croix Riverway Overlay District and an after - the -fact variance for
accessory structures (deck, stairs, brick patio, and retaining wall) less than 25 ft. from the
exterior lot line in the Lower St. Croix Riverway Overlay District.
The Town Clerk of St. Joseph e- mailed an excerpt from the Plan Commission 5/26/10
meeting minutes which recommended County approval provided the Town Board gets a
copy of the site plan with trees and foliage identified, the lift site is marked and properly
staked, and the application is signed. On June 3 the Town Board met and referred the
request back to the Plan Commission to review vegetation, restoration and erosion
control; the plans are to be reviewed by the Plan Commission who will then make a
recommendation to the Town Board. St. Croix County Land and Water Conservation
Department has reviewed the application and comments from 2007 are still valid: verify
that electrical components for the lower base of the lift are elevated above the 100 -year
flood elevation and that the structure can withstand flood pressures, uplift, and other
flood factors; and seed all disturbed areas with native vegetation upon completion of the
project. The Wisconsin Department of Natural Resources e- mailed the following
comments: In order for the new owner or anyone else to get a variance, it must be a
hardship created by the property and not the owner(s). Not having a deck is not a
hardship. He could make the deck/stairs smaller to comply or he must eliminate them. He
could show hardship in the fact he may need steps to exit his home, but that would only
allow just the minimal amount needed for ingress /egress, not a patio. For the retaining
wall, he would need to show that it is necessary for erosion control and not just
aesthetics. Staff recommended approval of the special exception based on 10 findings of
fact and conclusions of law with 9 conditions. In the event the Board provides findings
to grant the variance requests, staff recommended 7 findings of fact and conclusions of
law with 15 conditions.
Jeff Thiel, property owner, signed an oath and spoke in favor of the request. He wanted
the Board to know prior to the site visit that the Town of St. Joseph Plan Commission had
wanted to see a pathway of the lift, so he had cut some trees, most of which were already
dead, but he regrets this and will be replanting and reseeding the area.
No one testified in opposition.
Application #2: Donnie Vincent /Sand Box Arena: After - the -fact Special Exception
Amendment
The applicant requested 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 Board has been contacted and
we expect a response by the meeting date. The St. Croix County Land and Water
Conservation Department: Steve Olson, Rural Land Specialist, will be visiting the site and
will have a recommendation by the meeting date. St. Croix County Highway Department
has reviewed the application and verified that 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. Durkee stated that
the Highway Department has no further concerns, but that the Town's input will be
important. The St. Croix County Public Health Department indicated the applicants are
going to apply for an event camping license for each of the 4 weekend camping events.
The Wisconsin Department of Natural Resources has informed staff that no additional
Chapter 30 permits would be required to add a campground. Staff recommended approval
of the special exception amendment based on 19 findings of fact and conclusions of law
with 16 conditions.
Donnie Vincent, owner of Sand Box Arena, signed an oath and answered Alex Blackburn
that he is looking for approval for 79 campsites. He also commented on the erosion
control problems stating due to the major rains, the seed continues to wash away. He has
reseeded six to seven times already. New channels have been created and they are
starting to see the water flow properly. Kevin Grabau added that he sees more vegetation
growing, more of berm has been formed and the water off the campground now goes
through the infiltration pond.
No one testified in opposition.
Application #3: Roger & Judith Kubera: Special Exception
The applicant requested an after - the -fact Special exception for filling and grading an area
exceeding 10,000 square feet in the Ag- Residential and Shoreland District of Twin
Lakes, Town of Warren.
Staff presented the application and staff report. The Town Board has been sent a copy of
the original application and the revised materials submitted on 5/24/2010. The Town Board
provided a copy of their meeting agenda and minutes from May 17, 2010. No new
information was presented at that time for comment or decision by the Town Board. The
Land and Water Conservation Department: Steve Olson, Rural Land Specialist, has
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reviewed the Kubera special exception permit application and made comments in 2009;
please refer to the 5/28/09 staff report. Some of the items requested no longer apply to the
current site conditions. The Wisconsin Department of Natural Resources: Carrie Stoltz,
Water Management Specialist, and Jim Devlin, Run -off Management Specialist, made
comments in 2009; please refer to 5/28/09 staff report.
Roger Kubera signed an oath and spoke in favor of the request. He is the landowner and
has been excavating since 2006 and is trying to find a resolution. He has applied for this
after - the -fact special exception to correct the over 10,000 square feet that Don Anderson
disturbed. Pam Quinn clarified that what needs to be done is primarily in the easement.
Roger Kubera agrees with staff on the majority of what needs to be done, except for one
area, which he stated is not a problem he caused.
Don Anderson signed an oath and spoke in opposition to the request. He claimed he did
not excavate in the easement until 2006 when he started to build a driveway and then it was
only the first 300 feet. It was Roger Kubera who bulldozed the area back in 1999 without
permits. Don Anderson stated the restoration work that Roger Kubera has done isn't
restored properly and the banks are still eroding.
Minutes
Motion by Nelson, second by McAllister to approve the May 27, 2010 minutes as
presented. Motion passed unanimously.
Recessed for site visits at 10:10 a.m.
Reconvened at 12:50 p.m.
Decisions
After hearing the testimony and reviewing the material in the record, the Board rendered
the following decisions:
Application #3: Rower & Judith Kubera: Special Exception
Motion by McAllister, second by Peterson to approve the special exception request based
on the following findings of fact and conclusions of law:
1. The applicants are Roger and Judith Kubera, property owners.
2. The site is located on Lot 1, CSM V. 22/P. 5365 in NW 1/ of the SE 1 /4,
Section 29, T29N, R18W, Town of Warren, St. Croix County, Wisconsin.
3. The application for an after - the -fact special exception permit was made in
response to an order contained in a Notice of Violation letter, dated January
29, 2009, which specifically addressed filling and grading in the Shoreland
overlay district without a zoning permit.
4. The application for an after - the -fact special exception permit was made in
response to an order contained in a Notice of Violation letter, dated January
29, 2009, which specifically addressed filling and grading in the Shoreland
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overlay district without a zoning permit.
5. The Town Board provided a copy of their meeting agenda and minutes from
May 17, 2010. No new information was presented at that time for comment
or decision by the Town Board. The Town of Warren engineering
representative, Frank Phillips, met with staff in May 2010 to discuss this
application and recommends exposed soil on steep cut banks be stabilized
using acceptable erosion and sediment control measures.
6. The St. Croix County Land and Water Conservation Department previous
recommendation included the following: The plan needs to address
stabilization and erosion control on all of the steep cut banks that are currently
eroding and un- vegetated.
7. The applicants filed an application with the 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 Twin Lakes in order to abate a
violation for filling and grading without a permit and restore an area within a
66' easement that had been excavated by a neighboring landowner pursuant to
Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. The proposed
restoration project encompasses an area of 18,600 square feet on slopes
ranging from less than 12 to 24.9 percent.
8. Resolution of a civil suit between the Kuberas and the Andersons resulted in
mediation and a recorded "easement use agreement" where the two parties
acknowledge under Item 5 Rights of Use that only Parcel A owner
(Anderson), Parcel B owner (Anderson), and Parcel C owner ( Kubera) shall
have rights of ingress and egress over the Easement property... and shall take
no action to prevent or unreasonably interfere with the other party's
enjoyment of such rights. Notwithstanding the preceding sentence and
anything contrary in this Agreement, Parcel A and Parcel B shall remain
dominant estates and Parcel C shall remain the servient estate. The agreement
also states in item 4. Maintenance and Repair Costs that "if any portion of the
Easement Property is damaged or destroyed by a Parcel Owner..., then such
owner shall be solely responsible to immediately repair the damaged area and
pay all costs associated with such repair." With conditions that the applicant
will comply with the easement use agreement, the request will meet the
ordinance purpose of preserving Shoreland cover by controlling Shoreland
excavation and other earth moving activities.
9. The applicants obtained a driveway permit from the Town of Warren on
March 23, 2007 and, until such time as a principal structure is built on Lot 1,
are currently exempt from town driveway requirements pursuant to Warren
Town ordinance 6- 4- 1(e)(2). The driveway permit application did not include
a specific site plan or drawing to indicate the proposed driveway's alignment,
only that its location would begin 200 feet south of a future road easement.
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With conditions that any future development of a driveway must comply with
the easement use agreement and include an engineered construction plan that
meets the Town of Warren and St. Croix County ordinance standards, the
request will not be contrary to the public health, safety, or general welfare nor
will it be substantially adverse to property values in the neighborhood.
10. The site is located in the Ag Residential and Shoreland Overlay Districts of
Twin Lakes and is within a primary environmental corridor as identified by
the St. Croix County Development Management Plan 2000 -2020. With
conditions for implementing and maintaining proper erosion control measures
before, during and after land disturbance; limiting the use of phosphorous
fertilizers on the site; and maintaining and enhancing the current level of
native groundcover on the site — particularly on steep slopes - this request will
be consistent with the goals and objectives of the St. Croix County
Development Management Plan 2000 -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.
With the following conditions:
1. This after - the -fact special exception permit allows the applicants to restore a
disturbed area not to exceed 18,600 square feet on slopes ranging from less
than 12 to 24.9 percent in the Shoreland District of Twin Lakes in accordance
with the plans submitted, and as provided in the conditions below. Approval
for this special exception permit does not include any additional grading and
filling, tree removal, structures, uses, or other development activities.
2. The Town of Warren and any other aggrieved party may request a
reconsideration of this decision 15 days prior to the next regularly scheduled
Board of Adjustment meeting in accordance with the St. Croix County Board
of Adjustment Rules and By -Laws.
3. Prior to commencing restoration, the applicants shall secure any other
required local, state, or federal permits and approvals, including but not
limited to written consent as specified in the recorded Easement Use
Agreement.
4. Prior to any future development of lot 1 for a principal dwelling, the applicant
must obtain sanitary and building permits and provide engineered construction
plans for the driveway that will meet the Town of Warren and St. Croix
County ordinance standards.
5. Within 30 days of this approval, the applicant shall implement the erosion and
sediment control plan to stabilize all of the steep cut banks that are currently
eroding soil on the north side of the access easement and enhance the current
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level of native groundcover on the site.
6. Prior to commencing construction, the applicants shall submit to the Zoning
Administrator a surety in the form of a cash compliance deposit in an amount
of $1,100 to be held by the Planning and Zoning Department until the project
has been completed and approved to be in compliance with the conditions of
this permit and all applicable provisions of the Ordinance, at which time the
deposit will be refunded in full.
7. Within 30 days of substantially completing site restoration, the applicants
shall submit documentation to the Zoning Administrator in the form of photos
that the project has been completed as approved.
8. Any minor change or addition to the project, including but not limited to
design of the project, shall require review and approval by the Zoning
Administrator prior to making the change or addition. Any major change or
addition to the originally approved plan will have to go through the special
exception approval process.
9. The applicants shall have six (6) months from the date of this approval to
commence the 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.
10. These conditions may be amended or additional conditions may be added if
unanticipated circumstances arise that would affect the health and /or safety of
citizens or degrade the natural resources of St. Croix County. Conditions will
not be amended or added without notice to the applicants and an opportunity
for a hearing.
11. Accepting this decision means that the applicants have read, understand, and
agree to all conditions of this decision.
Motion carried unanimously.
Application #1: Jeff Thiel: Special Exception and Two After - the -fact Variances
Motion by Nelson, second by Peterson to approve the special exception and variances.
Motion withdrawn. Motion amended by Malick, second by McAllister to exclude the
variances and approve the lift. Motion withdrawn. Motion by Peterson, second by
Nelson to approve the lift based on the following findings of fact and conclusions of law:
1. The applicant is Jeff Thiel, property owner. Upon being notified of the
outstanding violations on this property, the applicant immediately attempted to
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comply with the county ordinances and cooperated fully with staff in submittal of
application addendums for after - the -fact variances to abate the violations.
2. The site is located at 1248 State Highway 35 in part of Government Lot 2, Section
35, T30N, R20W, Town of St. Joseph, St. Croix County, WI.
3. The Town of St. Joseph Town Board and Plan Commission meetings were held
on June 3 rd and June 9 th and the applicant's requests were included on the meeting
agendas. The Town's comments and /or concerns were not available for inclusion
in the staff report. The Town Clerk e- mailed an excerpt from the Plan
Commission 5/26/10 meeting minutes recommended County approval provided
the Town Board gets a copy of the site plan with trees and foliage identified, the
lift site is marked and properly staked, and the application is signed. On June 3rd,
the Town Board met and referred the request back to the Plan Commission to
review vegetation, restoration and erosion control; the plans are to be reviewed by
the Plan Commission who will then make a recommendation to the Town Board.
4. The St. Croix County Land and Water Conservation Department recommends that
the applicant verify that electrical components for the lower base of the lift are
elevated above the 100 -year flood elevation and that the structure can withstand
flood pressures, uplift, and other flood factors; and seed all disturbed areas with
native vegetation upon completion of the project. .
5. The Wisconsin Department of Natural Resources representative e- mailed the
following comments: In order for the new owner or anyone else to get a variance
it must be a hardship created by the property and not the owner(s). Not having a
deck is not a hardship. He could make the deck/stairs smaller to comply or he
must eliminate them. He could show hardship in the fact he may need steps to exit
his home, but that would only allow just the minimal amount needed for
ingress /egress, not a patio. For the retaining wall, he would need to show that it is
necessary for erosion control and not just aesthetics.
6. The applicant submitted an application to the St. Croix County Board of
Adjustment for a special exception permit to construct a lift 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.13 of the St. Croix County Zoning
Ordinance.
7. According to the applicant, the proposed lift will meet all design standards
stipulated in Section 17.36 H.I3.a.1) -10) of the St. Croix County Zoning
Ordinance. The proposed lift is necessary to provide pedestrian access to the St.
Croix River due to slopes exceeding 25 percent, and will be the only lift accessing
the St. Croix River on the site. There is currently no other stairway or trail access
to the river. The proposed design will not allow for the transport of boats or other
equipment, and the passenger car will not exceed the allowable dimensional
standards. Minimal tree removal will be required one foot from either side of the
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passenger car to install the lift. Photos of the site on file that were taken from a
birds -eye perspective and from the centerline of the St. Croix River indicate that
the entire lot slopes steeply toward the river with no identifiable break in
topography or existing vegetation that would make one location on the lot less
visible than another. The lift will be earth tone in color and a professional
engineer has certified that the proposed lift will be structurally satisfactory and in
compliance with International Building Code requirements.
8. The majority of the lot riverward of the existing residence features steep slopes in
excess of 25 percent with high erosion potential. With conditions to maintain
erosion control measures until permanent self - sustaining native vegetation has
established and seed /replant all disturbed areas with native vegetation upon
completion of the project (see Finding #9 below), erosion potential will be
reduced.
9. The existing vegetation on the site along the top of the slope preservation zone
and within 40 feet of the bluffline does not yet meet the current vegetation
standards in the Lower St. Croix Riverway Overlay District. With conditions
requiring the applicant provide a revised vegetative management plan that shows
the type of trees and their sizes (diameter at breast height or DBH) to be removed
around the proposed lift, including the upper and lower landing areas, the request
would comply with Condition #7 of the 2004 BOA decision (SE 35 -04). The plan
must include a mix of native trees, shrubs, and grasses endemic to the south -
facing slopes in the area and be reviewed and approved by the Planning and
Zoning Department and Land and Water Conservation Department staff. Native
trees should include fast - growing poplar hybrids and slower growing red oaks.
Tree planting, however, must not be done within the existing POWTS or
replacement area to avoid root damage to the wastewater treatment system
Implementation of an approved vegetation plan will meet the spirit and intent of
the ordinance by enhancing existing vegetation along the top and within 40 feet of
the bluffline, provide stabilization of steep slopes to reduce the potential for
erosion, and components of the lift will be visually inconspicuous so as not to
detract from the scenic or recreational qualities of the Riverway District, thus the
property will be brought into compliance with the current vegetation standards in
the Lower St. Croix Riverway District.
10. The upper landing of the lift is proposed to be outside the existing and
replacement POWTS area at the top of the slope and the lower landing for the
proposed lift at the base of the slope will be located above the designated OHWM
for the St. Croix River. This request would not negatively impact public health,
safety, and welfare and would minimize potential flood damage.
With the following conditions:
1. This special exception allows the applicant to construct a lift in the Lower St.
Croix Riverway District in accordance with the plans submitted and additional
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detailed site plan and as provided in the conditions below. Approval of this
special exception permit does not include any additional grading and filling,
vegetation removal, structures of any kind, or impervious coverage.
2. The Town of St. Joseph and any other aggrieved party may request a
reconsideration of this decision 15 days prior to the next regularly scheduled
Board of Adjustment meeting in accordance with the St. Croix County Board of
Adjustment Rules and By -Laws.
3. Prior to commencing lift construction, the applicant shall submit for review and
approval by the Zoning Administrator a detailed site plan showing the structure's
alignment on the bluff face with elevations and locations for upper and lower
landings, along with verification from a registered professional engineer that it will
be constructed in compliance with Floodplain Overlay District Sections
17.40.D.2.c and 17.40 G.3.c of the St. Croix County Zoning Ordinance.
4. Prior to commencing construction of the lift, the applicants shall secure a building
permit from the Town of St. Joseph and obtain any other required local, state, or
federal permits and /or approvals.
5. Prior to commencing lift construction, the applicant shall submit to and have
approved by the Zoning Administrator a revised vegetation management plan that
satisfies conditions in the 2004 decision and includes:
• A site plan showing all existing vegetation to be removed and all proposed
replacement vegetation to be planted. (submitted June 22, 2010 and entered as
Exhibit 11, revised in Exhibit 12)
• A list of replacement trees and shrubs native to the area and suitable for
stabilizing steep slopes, preventing erosion, and providing wildlife habitat.
Replacement trees shall be planted in accordance with the replacement schedule
in Section 17.36 H.8.f. of the St. Croix County Zoning Ordinance. All
replacement trees shall be at least two inches DBH (except on slopes
exceeding 25 percent, where one inch DBH may be substituted to minimize
disturbance) and planted no more than 12 feet apart and parallel to the river.
• Restore vegetation along the lift alignment cut by previous owner and brush
removed by applicant. (See Exhibit 12)
6. Prior to commencing any construction activities, approved erosion control
measures shall be installed and maintained until the entire site has been stabilized
with permanent native vegetation consistent with the approved vegetation
management plan. During construction, the smallest amount of bare ground shall
be exposed for as short a time as possible. Temporary ground cover such as
mulch shall be used until permanent native vegetative cover is successfully
established. Phosphorous fertilizers shall not be used to establish and maintain
vegetation on the disturbed area of the site, unless a soil test confirms that
phosphorous is needed.
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7. Prior to commencing any lift construction activities, the applicant shall submit to
the Zoning Administrator a Compliance Deposit of $1,275 to be held by the
Zoning Administrator until all conditions of this approval have been met, at which
time the deposit will be refunded in full along with a Certificate of Compliance.
8. Within 30 days of this decision, the applicant shall comply with Condition #7 of
the 2004 Board decision and Section 17.36.H.7.g by recording an affidavit that
references this decision, the maintenance and operation plan for the stormwater
drywell, and the approved vegetation management plan against the property. The
applicant shall provide a recorded copy of the affidavit to the Zoning
Administrator. The intent is to make present and future owners aware of the
responsibilities and limitations associated with this decision.
9. Within 30 days of completing construction, the applicant shall submit to the
Zoning Administrator certification from a registered engineer, surveyor, or the
project architect that the lift has been constructed in accordance with the approved
plans, and photographs of the property as viewed from the top of the bluff and
from the mid - channel of the St. Croix River.
Motion carried unanimously.
Motion by Malick, second by McAllister to deny the variances on the ground that there is
no hardship. Motion carried. Discussion followed regarding whether removal of patio
and stairs may cause damage and erosion issues. Decision made to allow applicant to
retain the porch, railing, steps and a sidewalk for ingress /egress from the rear door.
Nelson was excused from the meeting.
Application #2• Donnie Vincent /Sand Box Arena: After - the -fact Special Exception
Amendment
Motion by Hurtgen, second by McAllister to approve the special exception amendment
based on the following findings of fact and conclusions of law:
1. The applicant is Donnie Vincent, owner of Sandbox Arena.
2. The site is located off of Old Mill Road in the SW '/ of the NW ' / 4 and the SE '/ of
the NW % of Section 10, T3 IN, R18W, Town of Star Prairie, St. Croix County,
Wisconsin.
3. The St. Croix County Board of Adjustment (Board) approved the original special
exception permit for the existing indoor motorsports facility, The Sandbox Arena,
on May 25, 2006. Condition #21 of the Board's decision states that permanent
and/or event camping or any person (except security or staff) staying overnight on
the site shall require separate special exception approval by the Board.
4. Cedar Lake Speedway owns the adjoining property to the west, north, and east, and
has installed a total of 185 campsites in 2007. Of these campsites, 94 are located
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completely on the Sandbox Arena property. The remaining 91 camp sites are on the
Cedar Lake Speedway Property. The applicants received conditional approval for
the operation of these 91 camp sites on June 1, 2008. The Cedar Lake Speedway
patrons will be using the camp sites for the 4 special weekend events.
5. The applicants have complied with all conditions of their 2006 special exception
permit except for the following:
• Condition #11 required the applicant to provide overflow parking for an
additional 143 vehicles and trailers. The campsite now occupies the area
designated for overflow parking. The applicants are proposing no overflow
parking since they don't have events at the same time.
• Condition #21 required Board of Adjustment approval prior to any future
camping on the site. Campsites were installed in 2007 and the applicants are now
requesting after - the -fact approval for them. Camping has continued since the
2006 Board decision.
• Stormwater erosion continues to be a problem.
6. The applicants have complied with all conditions of their June 1, 2008 special
exception permit except for the following:
• Construction of the bathhouse. The current proposal is to not build this
bathhouse.
• Displaying signs regarding the noise rules at the campground and posting the
emergency contact number. The current proposal includes a sign plan.
7. This request would not violate the spirit and intent of the St. Croix County Zoning
Ordinance in that the existing indoor motorsports facility is a reasonable and
appropriate use in the Commercial District, which the property is currently zoned.
The location of this property adjacent to Cedar Lake Speedway, a legal
nonconforming use that has existed at its present location for many decades, allows
for the sharing of infrastructure and the scheduling of complementary events. Cedar
Lake Speedway and The Sandbox Arena are regional destinations for racing and
motocross enthusiasts. The proposed campsites are accessory to the principal
motorsports uses and will help to support the events held by these two facilities by
providing on -site accommodations for patrons and riders.
8. The applicants will be required to obtain event camping permits from the St. Croix
County Public Health Department for each camping weekend.
9. With conditions to get a state sanitary permit to provide four dump stations now and
then re- visiting the need for additional dump stations in June 2011 this request
would not be contrary to public health and safety.
IO.With conditions for providing 2 sheriffs deputies and 2 security guards to patrol the
campground during the 4 event camping weekends, posting the proposed signs that
explain the quiet hours and prohibit fireworks, shielding all light sources so as not to
produce glare onto adjacent residential properties; requiring trash crews to clean up
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garbage and refuse on a daily basis; this request would not constitute a nuisance by
reason of noise, dust, smoke, odor or other similar factors.
11. With the plan to use the two 40 foot by 80 foot concession buildings for people to
retreat in severe weather, along with having people crouch down along the south
wall of the track, this request will not be contrary to public health and safety.
12.With conditions to post incidental signs that inform the campers where to seek
shelter in severe weather this request will not be contrary to public health and
safety.
13. With conditions for on -going site stabilization and proper maintenance of the storm
water management measures in accordance with the approved plans, granting this
request would not be substantially adverse to property values for nearby residences.
14.The Town of Star Prairie Town Board has reviewed this application at their May
18 meeting and the town has no problems subject to County approval.
15.The St. Croix County Land and Water Conservation Department finds the onsite
stabilization of the storm water and erosion control measures to be incomplete. The
difference in the recommendation from Land and Water and Zoning staff was due
to a large rain event.
16.The St. Croix County Highway Department has reviewed the application and
verified that 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 access requirements in
Section 17.60 have been met.
17.Carrie Stoltz, Water Management Specialist, from The Wisconsin Department of
Natural Resources has informed staff that no additional Chapter 30 permits would
be required to add a campground.
18. The Planning and Zoning Department currently holds a $5000 cash deposit for
compliance.
19. On June 14 the eroded slope areas on the north side of the building have been
stabilized with rock. The run off along east side of the building has been stabilized
with rock and drains have been installed to run the water into the pond. A row of
timbers has been placed between the road and the pond on the east side of the
building. The ponds and wetlands have had the sediment removed. The vegetation
is in substantial conformance. With conditions to establish vegetation on the
remaining bare ground, this site will not cause environmental issues by having
sediment washing in to the wetland. On June 18 some of the above vegetation and
stabilization was damaged by a large rain event.
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With the following conditions:
1. This special exception amendment is for Tabletop Properties, LLC to operate up to
94 permanent campsites and a sanitary station on their 19.26 -acre lot in the
Commercial District as indicated in the plans and as provided in the conditions
below. This approval does not include any campsites, access roads, or activities
that are located either partially or wholly on the adjoining parcel to the east, which
is currently owned by Derivative Developments (Cedar Lake Speedway). This
approval does not include any additional grading and filling activities (except to
install required sanitary facilities and water lines and to remedy existing erosion
and sedimentation problems), group campsites, permanent or temporary structures
(except portable toilets), additional impervious coverage, or other improvements or
uses.
2. Prior to commencing use of any of the campsites by a camping unit, the applicant
shall secure all necessary local, state, and federal permits and approvals, including
but not limited to a permit from the Wisconsin Department of Health and Family
Services /St. Croix County Public Health Department, sanitary permit, and any
other required permits, licenses, or approvals.
3. Prior to commencing use of any of the campsites by a camping unit, the applicants
shall install the four sanitary dump stations and portable toilets on the site. Within
this timeframe the applicants shall also submit to and have approved by the Zoning
Administrator a sanitation plan for the maintenance of the portable toilets and
sanitary dump stations, and for daily garbage removal and recycling. The plans
should include the location of all garbage cans, recycling containers, and
dumpsters, as well as documentation of the sanitation services. The applicants shall
be responsible for keeping the premises clean and free of trash and debris at all
times.
4. Prior to commencing use of any of the campsites by a camping unit, applicant shall
submit an as -built drawing of all completed buildings, paved and unpaved parking
and driving surfaces, campsites, sanitation measures, storm water management
measures, signs, lights, and landscaping to demonstrate that everything has been
constructed and installed as approved.
5. Prior to commencing use of any of the campsites by a camping unit, the
stormwater and erosion control measures shall be installed to the satisfaction of the
Land Conservation Department.
6. Until conditions 3, 4 and 5 are met to the satisfaction of the Zoning Administrator,
the camp sites shall be fenced off with 4 foot high snow fencing or equivalent.
7. The applicants shall be responsible for hiring 2 sheriff s deputies and 2 additional
security guards for each event camping weekend to control noise and disturbance.
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8. 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.
9. Two incidental signs that inform the campers where to seek shelter in severe
weather and also inform campers of the quiet hours shall be posted.
10. Any future signage shall require prior review and approval by the Zoning
Administrator in accordance with the St. Croix County Zoning Ordinance.
11. The property and all buildings on it shall be maintained in a neat and orderly
manner throughout the year, with trash and debris cleaned daily and no outside
storage of any kind.
12. All lights for the campground must be downward directed and shielded away from
neighboring properties to prevent glare.
13. The applicant shall contact the Zoning Administrator to review compliance with
this special exception amendment within three months of this approval date, which
would be September 23, 2010 The applicants shall contact the Zoning
Administrator in early June of 2011 to determine if an additional dump station is
needed. The applicants would then come back to the Board every two years
thereafter, starting in June of 2012 for compliance with the conditions of this
approval. These conditions may be amended or additional conditions may be
added to address complaints or if unanticipated circumstances arise — including but
not limited to noise and/or other disturbance, the condition of the wetland, and
adequacy of the parking - 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.
14. Any change in ownership or use of the property, buildings, and /or business; or
change or addition to the property, building, or facilities; or changes to the current
project details — including but not limited to redesign of the campsites, future
expansion, signage, landscaping, or lot/access changes — shall require prior review
and approval by the Zoning Administrator and in some circumstances through the
special exception approval process as stated in the Ordinance.
15. The applicants shall have one (1) year from the date of this approval to commence
legal use of the campsites. Failure to do so shall result in expiration of this special
exception permit. If the special exception permit expires within this timeframe, the
applicant will be required to secure a new special exception permit.
16. Accepting this decision means that the applicants and all property owners have
read, understand, and agree to all conditions of this decision.
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Motion carried unanimously.
The meeting was adjourned by the Chair at 2:51 p.m.
Respectfully submitted,
ul—
Sue Nelson, Secretary Monica Lucht, Recording Secretary
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