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HomeMy WebLinkAboutBoard of Adjustment 07-22-10 ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, July 22, 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: August 26, 2010 E. UNFINISHED BUSINESS 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 17, 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, July 22, 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 1. APPLICANT: Sunset Electric LOCATION: SW 1 /4 of the NW '/4 of Section 32, T29N, RI 8W, Town of Warren ADDRESS: 667 100` Street REQUEST: Amendment of an existing contractors storage yard special exception permit to add 2 new contractors storage yards, Gruber Landscaping and Walters buildings pursuant to Section 17.15 (6) (d) 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 July 22, 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; 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 26, 2010 at 8:30 a.m. in the County Board Room of the Government Center in Hudson. Application #1: Sunset Electric -- Amendment to Special Exception The applicant requested an amendment of an existing contractors storage yard special exception permit to add two new contractors' storage yards, Gruber Landscaping and Walters Buildings in the Ag Residential District in the Town of Warren. Staff presented the application and staff report. Town of Warren was sent a copy of the application and no comments were received. St. Croix Land and Water Conservation Department stated a storm water and erosion control plan will be required for review and approval prior to construction. Wisconsin Department of Natural Resources stated a permit will be needed if the wetlands are impacted or if there is more than one acre of disturbance. Staff recommended approval of the request based on 11 findings of fact and conclusions of law with 14 conditions for consideration. David Rakovszky, owner of Sunset Electric, signed an oath and spoke in favor of the request. He testified he lives two blocks away from the contractors' storage yard. He stated he has downsized his business from 15 to two employees. He said the proposal is for approximately the same size of his business but would include three businesses. He feels there is animosity between Gruber Landscaping and Rich Meyer because of a lawsuit Gruber filed against Meyer regarding Meyer's dog. David stated he wants the neighbors to be happy with what he is doing. He said there will be approximately the same number of employees only there will be three different businesses. He said the employees usually meet at the job site to avoid stopping at the shop, which will reduce the amount of traffic. He stated he is okay with limiting the number of employees at this point and if business were to pick up and there was a need for more employees they would come back before the Board. David stated he is trying to make ends meet so he will become a renter of the contractor's storage yard and Walters Buildings will become the owner. Jason Gruber, owner of Gruber Lawncare, signed an oath and spoke in favor of the request. He has been in the business locally for seven years. He testified he met with Rich Meyer about purchasing the property from David Rakovszky and was bitten by Meyer's dog, therefore filed a lawsuit and that is when all the complaints started to come in. He stated there is a salt bin outside the storage shed that is on a cement slab that is covered and sloped. He stated he has seasonal work and about six employees. All Y vehicles are parked inside. No one testified in opposition. Minutes Motion by Hurtgen, second by Peterson to approve the June 24, 2010 minutes as amended. Motion passed unanimously. Recessed for site visits at 9:15 a.m. Reconvened at 10:15 a.m. Decisions After hearing the testimony and reviewing the material in the record, the Board rendered the following decisions: Application #1• Sunset Electric — Amendment to Special Exception Motion by McAllister, second by Nelson to approve the special exception request based on the following findings of fact and conclusions of law: 1. The applicant is Curtis Miers, agent for Sunset Electric. 2. The site is located in the SW t/ of the NW t /, Section 32, T29N -RI 8W, Town of Warren, St. Croix County, WI. 3. The applicant filed an application with the Board of Adjustment to amend a special exception permit to add 2 contractor's storage yards to an existing contractors storage yard pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance. 4. This request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that contractor's storage yards are allowed in the Ag Residential district. 5. With the access from 100 street and adequate parking, this request will not pose any traffic hazard and therefore will not affect public health, safety and welfare of the neighborhood. With conditions to maintain the dense stand of trees on the south and west side, and since the land to the east is undeveloped and the land to the north is Highway 94, this request will have little visual impact and therefore will not substantially affect property values. The houses to the south and southeast are also adequately screened with existing trees. 6. With conditions on the hours of operation, directing any lighting toward the ground and the fact that no manufacturing, retail services or other services will take place on this site, this request does not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors. 2 7. With conditions to maintain the property in a neat and orderly manner and no outdoor storage of materials other then trailers and vehicles, this request will not substantially affect property values. 8. The building with the addition will be approximately 83,790 cubic feet and will require state approval. 9. The Land and Water Conservation Department will require a storm water and erosion control plan for review and approval prior to any additional construction or site disturbance. 10. An application was mailed to the Town and no comments were received. 11. With conditions for proper storage and disposal of any landscaping related chemicals or chemicals for the other 2 businesses, this request will not affect public health, safety and welfare. 12. Letters of concern were received from the neighboring property owners. 13. There have been previous complaints pertaining to non - compliant signs. 14. In the applicant's testimony, they stated that they are willing to cover the salt bin and place a lip on the front. With the following conditions: 1. This special exception permit allows the applicant to add 2 new contractors' storage yards, Grubers Landscaping and Walters Buildings, to the existing Sunset Electric contractors' storage yard as indicated in the plans submitted on June 7, 2010. Approval for this special exception permit does not include any additional structures, services, or operations not indicated in the plans as part of the current business. 2. Prior to commencing construction, the applicant shall secure a building permit from the Town of Warren and state approval from the Safety and Buildings Division. Applicant shall also obtain any other required local, State, or Federal permits and approvals. 3. The applicant shall maintain the current level of mature trees that screen the property from 100 Street and adjacent properties. No live trees shall be removed. 4. Hours of operation shall be lam to 7pm, Monday through Friday with occasional weekend hours. 3 5. All lighting associated with the business shall be illuminated downward and shielded away from neighboring properties to minimize glare. 6. No manufacturing, retail services or other services shall take place on this site. 7. The applicant shall be responsible for keeping the property in a neat and orderly manner. No junk, junk vehicles or equipment shall be allowed to accumulate on the property. There shall be no outdoor storage other than vehicles and trailers associated with the businesses. The portable sign in the trees shall be stored indoors. 8. A storm water and erosion control plan shall be submitted for review and approval prior to any additional construction or site disturbance. 9. The Town of Warren and any other interested party or agency 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. 10. All chemicals shall be properly stored and disposed of. 11. The applicant shall be responsible for contacting the Zoning Administrator to review this special exception permit for compliance in two years from the approval date (July 2010). 12. Any minor change or addition to the project, including but not limited to design of the project, shall require review and approval by the Planning and Zoning Department prior to making the change or addition. Any major change or addition to the originally approved plan, including, but not limited to the addition of another business will have to go through the special exception approval process. 13. These conditions may be amended or additional conditions may be added if unanticipated conditions 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. 14. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. 15. Salt storage bin shall be roofed and have a 2 inch lip to prevent salt from running off. The block joints and other cracks shall be sealed to prevent run off. 4 16. Sign shall be limited to the previously approved 32 square foot, non - illuminated sign. 17. There shall be a maximum of ten employees on the site at any time. No one shall be permitted to stay over night except for occasional security purposes. Motion carried unanimously. The meeting was adjourned by the Chair at 10:42. Respectfully submitted, Sue Nelson, Secretary Becky Eg e , R c r ng Secretary 5