HomeMy WebLinkAboutBoard of Adjustment 08-26-10 ST. CROIX COUNTY BOARD OF ADJUSTMENT
Thursday, August 26, 2010
8:30 cam.
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: September 23, 2010
E. UNFINISHED BUSINESS
1. Request for re- consideration of the special exception permit for Curtis Miers, agent for
Sunset Electric, to add 2 new contractors' storage yards, Grubers Landscaping and Walters
Buildings to the existing contractor's storage yard.
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: August 11, 2010
COPIES TO: County Board Office County Clerk
Board Members News Media/Notice Board
*CANCELLATIONS /CHANGES /ADDITIONS
PUBLIC HEARING NOTICE
The St. Croix Cot {qty Board of Adjustment has scheduled a public hearing for Thursday, August 26, 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: Eric & Jeannie Sonstegard
LOCATION: Lot 5 Bomar Heights Section 13, T28N, R20W, Town of Troy
ADDRESS: 326 North Cove Road
REQUEST: Special Exception to rebuild stairway in the Riverway District pursuant to Section 17.36(f)
3.3 and 17.36(h) 12 of the St. Croix County Zoning Ordinance.
2. APPLICANT: Wayne & Colleen Rivard
LOCATION: NE 1 /4 of the SW 1 /4 of Section 19, T3 IN, R1 8W, Town of Star Prairie
ADDRESS: 205` Avenue
REQUEST: Special Exception permit for construction on a new 69kV transmission switching station in
the Ag- Residential District pursuant to Section 17.15(6)(1) of the St. Croix County Zoning
Ordinance.
3. APPLICANT: Warren Land Holdings
LOCATION: SE 1 /4 of the NW '/4 of Sec 33, T29N, RI 8W, Town of Warren
ADDRESS: 638 Hwy 65
REQUEST: Special Exception request to establish a commercial kennel in the Commercial District
pursuant to Section 17.18(9)(p) of the St. Croix County Zoning Ordinance.
SPECIAL EXCEPTION & VARIANCE
4. APPLICANT: Douglas & Ann McMillan
LOCATION: Part of Government Lot 2 of Section 13, T28N, R20W, Town of Troy
ADDRESS: 272 E. Salishan Drive
REQUEST: Item #1: Special Exception for filling and grading within 40 feet of a slope preservation zone
in the Riverway District pursuant to Section 17.36F.3.a.5 of the St. Croix County Zoning
Ordinance.
Item #2: Variance request to expand a structure located wholly or partially within a slope
preservation zone in the Riverway District pursuant to Section 17.36I.2.e.1)b) 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
CGRIGINAL
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
August 26, 2010
The meeting was called to order by Chairperson Clarence "Buck" Malick at 8:30 a.m. A
roll call was made. Jerry McAllister, Sue Nelson and Joe Hurtgen were present. David
Peterson was absent and excused. Staff included: David Fodroczi, Director; Kevin
Grabau, Code Administrator; Alex Blackburn, Zoning Specialist; Pam Quinn, 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, September 23, 2010 at 8:30
a.m. in the County Board Room of the Government Center in Hudson.
Unfinished Business: Sunset Electric — Reconsideration
Motion by Malick, second by Hurtgen to reconsider the application at the September 23,
2010 meeting.
Motion carried unanimously.
Application #1: Eric & Jeannie Sonstegard — Special Exception
The applicant requested permit to rebuild a stairway in the Riverway District in the Town
of Troy.
Staff presented the application and staff report. The Town of Troy Plan Commission
reviewed the concept plan on July 1, 2010 for reconstruction of the stairway, which
appears to comply with the geometric requirements of the Riverway Ordinance. There is
a small landing proposed that will be four feet by four feet. The Plan Commission stated
the Riverway Ordinance allows only one landing per 20 vertical feet, so if they wanted to
move forward with the landing it would require a variance. St. Croix Land and Water
Conservation Department reviewed the application and stated any soil disturbance or
vegetation removal associated with the project shall be re- seeded or re- vegetated with
native plant species. Wisconsin Department of Natural Resources reviewed the
application and stated the proposal to rebuild the stairway is pursuant to NR I I8.07(7)(c).
If those requirements are met, DNR had no objections to the proposal. Staff
recommended approval of the request based on 10 findings of fact and conclusions of law
with eight conditions for consideration.
No one testified in favor or in opposition.
Application #2: Wayne & Colleen Rivard — Special Exception
The applicants requested a special exception permit for construction of a new 69kV
transmission switching station in the Ag- Residential District in the Town of Star Prairie.
Staff presented the application and staff report. The Town of Star Prairie recommended
approval of the special exception permit. St. Croix Land and Water Conservation
Department reviewed the application and found the stormwater and erosion control plans
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to be adequate for the site. Wisconsin Department of Natural Resources did not have any
comments on the filling and grading. They sent a copy of the special exception permit to
the Wisconsin DNR Office of Energy for their review. They did not submit any
comments. Staff recommended approval with 13 findings of fact and conclusions of law
with 13 conditions for consideration.
Sarah Schwartz, Northern States Power, signed an oath and spoke in favor of the request.
She testified this is part of their eight mile project. She stated the project is large enough
to require a State permit. She stated she had no concerns to having additional screening.
She asked if on the north side the screening could be low growth screening rather than
having trees that would have to be topped off and become an eye sore.
Joseph Gawerlle, substation engineer, signed an oath and spoke in favor of the request.
He testified they are going to cut into the hillside and use the gravel and /or dirt to reduce
the amount of fill brought to the site. He stated a civil engineer drew up the plans for the
stormwater pond and the plans meet State requirements. He said they will have to get a
pollutant approved permit from the DNR as well.
Rita Wiederin, property owner across the street, signed an oath and spoke in opposition to
the request. She testified she has concerns with what the value of her house will be with
the substation being directly across the street. She said she will have to look out her
picture window in her living room and look at the substation. She stated the Rivards
have land to the east they could use for the substation rather than the proposed location.
Marcel Plourde, adjoining property owner, signed an oath and spoke in opposition to the
request. He questioned the size of the power poles and what will happen to the property
values once the substation was constructed.
Chris Derosier, adjacent property owner, signed an oath and spoke in opposition to the
request. He testified he had concerns with the stormwater pond as any overflow will
carry onto his land which will increase the runoff of his pond and if there would be water
pollutants. He stated he also had concerns regarding property values. He did state he
liked the idea of having a tree buffer around the substation.
Application #3: Warren Land Holdings — Special Exception
The applicant requested a special exception permit to establish a commercial kennel in
the Commercial District in the Town of Warren.
Staff presented the application and staff report. Town of Warren and Plan Commission
recommended approval of the concept plan for the animal adoption education center. St.
Croix Land and Water Conservation Department reviewed the application and
commented that any new construction shall require a stormwater and erosion control plan
consistent with the requirements found in Wisconsin Administrative Code NR 151 and as
long as the animal waste is handled by a licensed handler as mentioned in the plans, the
LWCD had no concerns. If any waste will be distributed on the property, the applicant
shall generate a 590 nutrient management plan for proper waste disposal. Wisconsin
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Department of Natural Resources reviewed the application and commented the applicant
will need a storm water permit if they intend to grade greater than 1 acre. Wisconsin
Department of Transportation reviewed the application and stated they had no comment
concerning the proposed Center. Staff recommended approval based on 14 findings of
fact and conclusions of law with 16 conditions for consideration.
Sharon Elliott, President of St. Croix Animal Friends, signed an oath and spoke in favor
of the request. She testified the hours would vary a little as they would be shorter on the
weekends. She stated they plan to keep the buildings as they currently are until they have
adequate funding. They will not be housing any animals until the new buildings have
been built. She said they will only take in a certain number of animals and when they hit
that number they will be full and not accepting any new animals. She stated they do not
have any contracts with waste treatment yet as they do not own the property currently.
She said they will have nothing going into the septic system.
Bruce Elliott, member of St. Croix Animal Friends, signed an oath and spoke in favor of
the request. He testified the pole barns on the property will be coming down at some
point. He stated they met with the DOT to discuss the issue of Highway 65. He stated
there will be a roundabout with a speed limit of 45 mph on the north side of Highway 65.
Mark Schmitt, architect, signed and oath and spoke in favor of the request. He testified 85
decibel is the maximum for dogs barking with no walls. They will have less than a STC
rating of 45 that will keep animals from being heard from wall to wall. The walls will be
built at a 55 STC rating and all exterior doors will be fixed with automatic closures and
weather stripping and there are no windows so they would not be audible outside the
walls according to their plans.
No one testified in opposition.
The Board recessed for a break at 9:46 a.m.
The Board reconvened at 9:56 a.m.
Application #4: Douglas & Ann McMillan — Special Exception and Variance
The applicants requested a special exception permit for filling and grading within 40 feet
of a slope preservation zone in the Riverway District and a Variance to expand a structure
located wholly or partially within the slope preservation zone in the Riverway District in
the Town of Troy.
Staff presented the application and staff report. The application has been submitted to the
Town of Troy for review. St. Croix Land and Water Conservation Department reviewed
the plans and made recommendations to require a stormwater management plan.
Wisconsin Department of Natural Resources reviewed the application and recommended
denial of the variance since the applicants have not demonstrated a hardship.
Jeff Marzolf, adjoining property owner, signed an oath and spoke in regards to the
request. He testified he does not necessarily have an issue with the project as long as the
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project goes by the plans. He stated past projects have not gotten done according to plans
and there were no consequences. He stated he has no objections to this request if it goes
according to plans, and if it doesn't go as the plans show, there should be some
consequences enforced.
Minutes
Motion by Malick, second by Hurtgen to approve the July 22, 2010 minutes as submitted.
Motion passed unanimously.
Recessed for site visits and lunch at 10:32 a.m.
Reconvened at 12:51 p.m.
Decisions
After hearing the testimony and reviewing the material in the record, the Board rendered
the following decisions:
Application #1: Eric & Jeannie Sonstegard — Special Exception
Motion by McAllister, second by Nelson to approve the special exception for a stairway
in the Lower St. Croix Riverway Overlay District based on the following findings of fact
and conclusions of law:
1. The applicants are Eric and Jeannie Sonstegard, property owners. Acting as their
agent is Jennifer Cates Peterson of Cates Fine Homes LLC, who designed the
stairway and prepared the construction drawings.
2. The site is located at 326 N. Cove Rd. in part of Gov't Lot 3, Section 13, T28N,
R20W, being Lot 5 Bomar Heights, Town of Troy, St. Croix County, WI
3. The Town of Troy Plan Commission reviewed the concept plan on July 1, 2010
for reconstruction of the stairway, which appears to comply with the geometric
requirements of the Riverway Ordinance (RWO). There is a small landing
proposed that will be four feet by four feet. The Plan Commission told the
applicant that the RWO allows only one landing per 20 vertical feet, so if they
wanted to move forward with the landing it would require a variance. When the
final application is submitted, the following materials should be provided:
• A scale drawing showing all pertinent information for the steps and the
landing
• A recent aerial photograph
• Proposed alterations of vegetation and topography or a statement that there
will be no disturbance
• Photos of the site taken from the middle of the river, slightly upstream and
downstream of the property;
• An erosion control plan for the footings, such as silt fence, matting, seeding
• Photos of the construction site
• A construction plan for the stairway
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4. The St. Croix County Land and Water Conservation Department has reviewed the
application and recommends that any soil disturbance or vegetation removal
associated with the project shall be reseeded or re- vegetated with native plant
species.
5. The Wisconsin Department of Natural Resources staff reviewed the application
and commented that this proposal to rebuild the stairway is pursuant to NR
118.07(7)(c): Landings cannot exceed 40 sq. ft. and must be located at a vertical
interval of not less than 20'.
6. The applicants submitted an application to the St. Croix County Board of
Adjustment for a special exception permit for rebuilding a portion of an existing
stairway in the Lower St. Croix Riverway Overlay District pursuant to Section
17.36 F.3.a.3) and subject to the performance standards in Section 17.36 H.12 of
the St. Croix County Zoning Ordinance.
7. According to the application plans, the stairway will meet the design standards
stipulated in Section 17.36.H.12 of the St. Croix County Zoning Ordinance with
the exception of engineering certification. The stairway will be located on a
steep, rocky shoreline and is necessary to provide pedestrian access to the river.
The stair treads will be 48 inches wide, will use cedar handrails, and no canopies.
The proposed 4' x 4' platform for the hinge mechanism is deeper than a stair tread
and is not justified by the slope of the terrain and constitutes a landing, therefore it
does not comply with requirements in Section 17.36.H. 12.a.3). The stairway will
be anchored and supported above grade on footings. No trees or vegetation will
be removed to install the stairway. The old stairs and landing were removed after
being damaged beyond repair and this will be part of the only stairway for this
property. With conditions to have the construction of the stairway certified by a
professional engineer or architect, this request would be consistent with the
requirements of the Ordinance.
8. According to the application plans, the stairway meets all the provisions of
Section 17.70 (7)(a) The stairway would not violate the spirit or general intent of
the chapter and would not be contrary to the public health, safety, and welfare.
This request would not be a nuisance by reason of noise, dust, smoke or odor and
would not affect property values in the neighborhood.
9. According to the application plans, the stairway would be consistent with Section
17.36 J.2.b.2)a) -j) The portion of the stairway to be rebuilt provides safe access
for use of the river. The construction method to be used requires concrete -
anchored post footings, which will result in minimal vegetation disturbance.
Terrestrial and aquatic habitat would be minimally impacted due to lack of soil or
vegetation disturbance. With conditions for any lighting on handrails to be
directed downward, this request would be compatible with uses on adjacent land
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and will not have a negative impact on the scenic and recreational qualities of the
Riverway District in regard to the view from and use of the river.
With the following conditions:
1. The special exception will allow the applicants to rebuild an existing stairway for
access to the river frontage on the property in accordance with the plans submitted
on June 15, 2010 and as provided in the conditions below. This approval does not
include any additional structures, impervious coverage, filling and grading, or
other activities.
2. The applicants shall secure all necessary permits and approvals from the Town of
Troy and obtain any other required local, state, or federal permits and approvals.
3. The applicants shall have the construction of the stairway certified by a
professional engineer or architect pursuant to Section 17.36 H.12.a.13.
4. The platform shall be eliminated from the design and replaced by steps of uniform
depth with the other proposed steps on this portion of the stairway.
5. Any lights on the stairway handrails must be downward directed and shielded
away from neighboring properties and /or the river to be visually inconspicuous.
6. 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 and /or variance
approval process.
7. The applicant shall have one (1) year from the approval of this special exception
to obtain the above permits and local, state, or federal approvals for the project.
Failure to comply with the conditions of this approval within the timeframes
stipulated shall be grounds for revocation. If the special exception permit is
revoked, the applicant will be required to secure a new special exception.
8. 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 applicants and an opportunity
for a hearing.
9. 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.
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Application #2: Wayne & Colleen Rivard — Special Exception
Motion by Hurtgen, second by Nelson to approve the special exception request for an
electrical substation based on the following findings of fact and conclusions of law:
1. The applicants are Wayne and Colleen Rivard. The agent is Sarah Schwartz,
Northern States Power Company / Xcel Energy.
2. The site is located in the NE % of the SW '/ of Section 19, T3 IN, RI 8W, Town of
Star Prairie, St. Croix County, Wisconsin.
3. The applicants filed with the St. Croix County Board of Adjustment an
application for a special exception permit to construct an electrical substation in
the Ag Residential District pursuant to Section 17.15(6)(1) of the St. Croix County
Zoning Ordinance. Specifically, Xcel Energy is in the process of purchasing a
5.7 -acre lot owned by Wayne and Colleen Rivard. The facility, named Somerset
Substation, will be part of a series of projects to increase the capacity and
reliability of the transmission system in western Wisconsin.
4. The proposed substation facility includes a 24 foot by 40 foot electrical equipment
shelter. The substation yard will have a crushed rock surface. A chain -link fence
will surround the substation yard to prevent unauthorized access. The only access
to the yard will be from a gate at the main entrance driveway off 205 Avenue.
5. Properties adjacent to the proposed site are zoned Ag Residential and feature
predominantly cropland and other agricultural uses. The nearest house is across
the road to the north.
6. This request would not violate the spirit or general intent of the St. Croix County
Zoning Ordinance in that a substation is a reasonable and appropriate use in the Ag
Residential District, which the property is currently zoned. The proposed substation
will connect to nearby existing high voltage power lines, which makes the site
acceptable for this use.
7. This request would not be contrary to the public health, safety, or general welfare or
be substantially adverse to property values in the neighborhood affected. According
to the applicants, the fence, gate, and signs will be installed in accordance with Xcel
Energy Standards, which are more stringent than the requirements of the National
Electric Safety Code. Safety signs will be posted along the perimeter of the fence to
prevent unauthorized access. Storm water runoff from the proposed substation yard
will be directed to a water quality basin located on the southwest corner of the lot.
The substation will be surrounded by cultivated agricultural fields, whose value will
not be affected by the facility. Upon completing construction of the proposed
substation, traffic to and from the site will be minimal, consisting of Xcel Energy
staff reporting to the site during normal working hours for monthly inspections and
occasional visits for switching distribution, transmission construction, and
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maintenance. On rare occasions, staff will report to the site outside of normal
working hours to address abnormal system conditions.
8. Lighting will be installed on the electrical equipment enclosure. With conditions for
maintaining a neat and orderly appearance and shielding any light sources on or
around the substation from adjoining properties, this request would not constitute a
nuisance by reason of noise, dust, smoke, odor or other similar factors.
9. The plans show placing new deciduous trees on the west and north sides, however,
these trees would not provide much screening in the winter. There are also existing
trees on the west side. With conditions to place the trees on the north and east side,
and to plant evergreen trees instead, this would provide better screening and
therefore not contrary to property values in the neighborhood.
10. The proposed facilities — including but not limited to the fencing, gate, equipment
shelter, transformers, and power poles - meet the required road setbacks and
driveway spacing requirements pursuant to Section 17.60 6.a. of the St. Croix
County Zoning Ordinance.
11. The Town has recommended approval of the special exception permit.
12. The St. Croix County Land and Water Conservation Department staff reviewed the
application. The stormwater and erosion control plans are adequate for the site.
13. A copy of the special exception permit application was mailed to Cheryl Laatsch
of the Wisconsin DNR Office of Energy for her review and comments, which
have not yet been submitted for the Board's consideration.
With the following conditions:
1. This special exception permit is for Northern States Power Company, doing
business as Xcel Energy, Inc., to construct an electrical substation in the Ag
Residential District in the Town of Star Prairie in accordance with the plans
submitted and as provided in the conditions below. Approval for this special
exception permit does not include any structures, impervious coverage, or uses not
shown or indicated in these plans.
2. Prior to commencing construction of the substation, the applicant shall be
responsible for securing all necessary local, state, and federal permits and
approvals, including but not limited to town building permit and any permits
required by the Wisconsin Department of Natural Resources and Office of Energy
or other agencies.
3. Prior to commencing construction of the substation, the applicants shall submit to
the Zoning Administrator a cash compliance deposit in the amount of $1,100 to be
held by the Zoning Administrator until all facilities, storm water management
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measures and landscaping have been completed, at which time the deposit will be
refunded in full.
4. Prior to beginning construction of the substation, the applicants shall install all
approved erosion and sediment control measures. During construction, the
smallest amount of bare ground shall be exposed for as short a time as possible,
and temporary ground cover, such as mulch, shall be used. Upon completing
construction, the approved permanent storm water management measures shall be
implemented, the crushed gravel substrate shall be installed on the yard, and the
remainder of the site shall be stabilized with permanent vegetation as soon as
practicable.
5. Within six months of completing construction of the entire project, the applicants
shall submit to the Zoning Administrator photos and an as -built drawing of the
completed substation, driveway access, and all associated storm water management
and landscaping measures to ensure that everything has been constructed as
designed and approved.
6. No signage, other than those required as posted warnings to the public, is approved
as part of this permit. All signage on the site must adhere to the standards and
permit requirements in the St. Croix County Sign Ordinance.
7. All lights on the site must be downward directed and shielded away from
neighboring properties to prevent glare. The lights on the electrical equipment
enclosure shall not exceed the height of the building eaves and may be left on
overnight for security purposes.
8. A vegetative buffer at least 10 feet in width along the east and north side of the
fenced area that includes native evergreen trees and shrubs at least six feet in height
at the time of planting to screen the substation from adjacent properties and retain
the rural character and natural beauty of the area. The buffer shall attain at least
80% opacity at maturity. Trees shall not be directly under the power lines.
9. Maintain the existing trees on the west side of the property.
10. The property shall be maintained in a neat and orderly manner.
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.
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12. Any change in ownership of the property and/or substation, use of the site, facility
design, or project details shall require prior notification of and approval by the
Zoning Administrator and in some circumstances through the special exception
approval process as stated in the Ordinance.
13. The applicants shall have one (1) year from the date of this approval to commence
construction of the substation and two (2) years from the date of this approval to
substantially complete the project. Failure to do so may result in expiration or
revocation of the special exception permit. If the special exception permit expires
or is revoked within this timeframe, the applicants will be required to secure a new
special exception permit. Prior to expiration and/or revocation, the applicant may
request extensions of up to six months from the Zoning Administrator, for a total
time not to exceed one year.
14. 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 #3: Warren Land Holdings — Special Exception
Motion by Nelson, second by McAllister to approve the special exception request to
operate a non - profit animal shelter facility in the Commercial District based on the
following findings of fact and conclusions of law:
1. The applicant /property owner is Warren Land Holdings, LLC, with St. Croix
Animal Friends acting as agent for this request.
2. The site is located at 638 Hwy 65 on lot 3 of Certified Survey Map Vol. 10 /Pg.
2855 in the NE '/ of the SE % of Section 33, T29N, R18W, Town of Warren.
3. The applicant's agent filed with the Board of Adjustment an application for a
special exception permit to operate a non - profit animal adoption and education
facility (kennel) in the Commercial District pursuant to Section 17.18 (9)(p) of the
St. Croix County Zoning Ordinance.
4. The applicant's lot is for sale and the applicant's agent, St. Croix Animal Friends,
has offered to purchase the property. The purchase is contingent upon obtaining
special exception permit approval to operate the proposed facility.
5. This request would not violate the spirit or general intent of the St. Croix County
Zoning Ordinance in that a commercial kennel is a use allowed with a special
exception permit, subject to standards in Section 17.18(10) in the Commercial
District, which the property is currently zoned. The proposed animal care and
education facility would be compatible with existing commercial uses in the area
and will not have a negative affect on the health, safety, or morals of nearby
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residents or landowners. The traffic patterns in the area will not be significantly
changed during normal operation and the site is readily accessible off Hwy 65. At
such time as the future animal shelter building is constructed, stormwater runoff
management and sediment /erosion control measures will be implemented so that
existing drainage patterns will not be negatively impacted.
6. The proposed animal adoption and education center would meet several goals and
objectives of the St. Croix County Development Management Plan including
locating commercial development where suitable conditions exist, maintaining a
balance of land use types, and encouraging development that represents and
respects community values.
7. The applicant proposes to use perimeter lighting for safety and security. With
conditions for shielding any future light sources to prevent glare onto adjacent
properties and for limiting noise and hours of activity on the site, this request
would not negatively impact the health, safety, or welfare of the public, nor would
it be substantially adverse to property values for nearby residences or businesses.
8. The applicants do not propose to use land- applied disposal of animal waste. Solid
animal feces and bedding will be collected in enclosed containers and have
regularly scheduled removal off -site to an appropriate disposal facility to
minimize the potential for noxious odors. The site has a steep hillside behind
existing and proposed buildings that provides a natural visual /sound barrier for
exercise areas. Plans for constructing the new animal shelter building will include
both interior and exterior sound control. With conditions for proper disposal of
waste material generated on -site and screening the future outdoor exercise areas
with fencing and /or landscape barriers to reduce noise and visibility for adjacent
properties, this request would not constitute a nuisance by reason of noise, dust,
smoke, odor, or other similar factors.
1. The proposal includes utilizing existing paved areas, which consists of
approximately 20,000 sq. ft. of blacktop, until such time as the new shelter building
can be constructed. According to the proposed site plan, twenty -five (25) new off -
street parking stalls will be available for visitors and staff to access the 3,000 sq. ft.
public and staff work areas within the proposed building. This will exceed the
requirement for one (1) parking space /200 square feet of ground floor area per
Section 17.57(5) of the St. Croix County Zoning Ordinance. With conditions for
providing adequate off - street paved parking and perimeter landscape screening, the
standards would be met to grant the special exception permit for the proposed
animal shelter and education center pursuant to Section 17.18(2)(a -1) of the St. Croix
County Zoning Ordinance.
2. The POWTS that services the existing residential building will not be used to treat
wastewater from the proposed animal shelter facility. With conditions that
additional sanitary wastewater treatment will be included in plans for construction of
the new shelter building pursuant to Chapter 12.1.F.1, the request will meet the
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purpose and objectives of the ordinance to insure the proper siting, design,
installation, inspection, and management of private onsite wastewater treatment
systems (POWTS) so as to protect the environment and health of the citizens of St.
Croix County.
3. The Town of Warren Plan Commission meeting minutes for July 5, 2010 and Town
Board meeting minutes for July 19 reported a vote to recommend approval of the
concept for an animal adoption education center for St. Croix Animal Friends.
4. The St. Croix County Land and Water Conservation Department recommends that
any new construction shall require a stormwater and erosion control plan consistent
with the requirements found in Wisconsin Administrative Code NR 151 and as long
as the animal waste is handled by a licensed handler as mentioned in the plans the
LWCD has no concerns. However, if any waste will be distributed on the property
the applicant shall generate a 590 nutrient management plan for proper waste
disposal.
5. The Wisconsin Dept. of Natural Resources reviewed the application and commented
that a stormwater permit would be necessary if greater than one (1) acre is graded
during construction.
6. The Wisconsin Department of Transportation reviewed the application and in a letter
dated July 30, 2010 stated the Department has no comment concerning the proposed
Animal Adoption and Education Center. Because STH 65 is a declared Controlled
Access highway, the Department requests any site plan approval include a condition
for their ability to maintain an alternative access location to the property other than
STH 65. Current commercial access to the property is adequate for the proposed use
and upon all approvals by the County and/or the Town of Warren; the DOT will
issue a new Authorization for Access that will be restricted to the intended use for an
animal shelter.
With the following conditions:
9. This special exception permit allows the applicant's agent to operate a non - profit
animal adoption and education facility (kennel) on the site as indicated in the
plans submitted and as provided in the conditions below. Intermittent fundraising
events and retail sales are anticipated as future activities to provide financial
support for facility operation. This approval does not include any additional uses,
structures, or activities beyond those contained in the application.
10. The applicant's agent shall be responsible for complying with any other local,
state, or federal permit requirements, licenses and approvals including but not
limited to a stormwater permit from the Wisconsin Department of Natural
Resources. A Soil and Site Evaluation Report completed by a Certified Soil
Tester that identifies the location for a Private On -site Wastewater Treatment
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System (POWTS) to service the animal shelter building must be submitted for
staff review and approval.
11. Prior to commencing use of the site for an animal shelter as proposed, the
applicant's agent shall submit to and have approved by the Zoning Administrator
the following items:
• Specifications for planting and landscape areas and a maintenance
agreement to ensure that new landscape plantings are established successfully
and that existing vegetation is maintained at its current level long -term.
• A management plan for all animal waste and bedding disposal. As part of
the plan, the applicants shall agree to store all dog waste and bedding in
enclosed containers and provide documentation to verify that it will be hauled
off -site to an appropriate disposal facility.
• Construction of the new building shall be completed prior to accepting
animals at the shelter.
• A surety in the form of a compliance deposit in the amount of $1,100 to
be held by the Zoning Administrator until the shelter building, driveway and
parking area paving and landscaping have been completed and approved to be
in compliance with the conditions of this permit (see the timeline listed in
Condition #11 below) and all applicable provisions of the Ordinance, at which
time the deposit will be refunded in full.
• The animal housing rooms shall be constructed with sound control to
maintain a Sound Transmission Coefficient rating of 55 or higher and external
doors shall have automatic closing mechanisms.
12. Prior to commencing construction of the new shelter building, the applicants shall
submit to and have approved by the Zoning Administrator an erosion control and
stormwater management plan that meets requirements in Wisconsin Administrative
Code NR 151.
13. Prior to commencing construction of the animal shelter building, stormwater
management structures and /or the POWTS, the applicants shall schedule an on-
site pre - construction meeting that includes the property owners, general
contractor, excavator, St. Croix County Planning & Zoning, and Land and Water
Conservation Department staff members. Items to be discussed include, but are
not limited to, coordinating installation of erosion control, construction timelines,
compliance with all other pre - construction conditions, and roles and
responsibilities of all parties.
14. Normal hours of operation for public access shall be limited to 10:00 AM to 6:00
PM Tuesday through Sunday. Staff and volunteer animal caretakers and
maintenance hours are anticipated from 7:00 AM to 10:00 PM daily. No dogs shall
be in outside enclosures except during daylight hours.
15. 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
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the event that the matter cannot be resolved administratively, the applicant shall
take the matter before the Board of Adjustment at a public hearing.
16. The applicant's agent shall have facility employees and volunteers to provide
animal care as proposed. Staffing will be dependent on the number of animals
housed at the facility at any given time, with initial phase housing up to 45 dogs
and 75 cats. These are the maximum number of dogs and cats approved in this
decision.
17. The applicant shall be responsible for keeping the property in a neat and orderly
manner.
18. All lighting associated with the animal shelter shall be downward directed and
shielded away from neighboring properties to prevent glare. Only lights on the
building or building overhangs at a level not to exceed the height of the lowest
eaves may be left on overnight for security purposes.
19. No signs are approved as part of this permit. Any signage for the business will
require a land use permit and must comply with standards in the St. Croix County
Sign Ordinance Section 17.65.
20. The applicant shall have one (1) year from the approval of this special exception
permit to commence use of the site for an animal shelter facility (kennel) as
proposed and to commence construction of the new shelter building and two (2)
years from the date of this approval to complete it. The applicant may request
extensions of up to six months not to exceed a total of one year from the Zoning
Administrator prior to the expiration of the permit in the event that additional time
is needed. Failure to do so shall result in expiration of the special exception
permit. If the special exception permit expires within this timeframe, the
applicant will be required to secure a new special exception permit.
21. Within 30 days of completing construction, the applicants shall supply an as -built
drawing signed by project engineer that all improvements and stormwater
components were installed as designed and shall submit photos of the site and
certification from the project engineer or registered landscape architect that the
project has been completed as approved. The applicants shall record the storm
water management plan and operation and maintenance agreements for all storm
water features and private on -site wastewater treatment systems (POWTS) against
the property and shall provide a recorded copy to the Zoning Administrator.
22. The applicants shall be responsible for contacting the Zoning Administrator to
review this special exception permit in two (2) years from the approval date for
compliance. These conditions may be amended or more 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 changed without notice to the applicant and opportunity for a hearing.
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23. Any minor change or addition to the animal shelter operations, including but not
limited to a change in use or facilities, or the addition of services or staff shall
require prior 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.
24. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
Motion carried unanimously.
Application #4: Douglas & Ann McMillan — Special Exception and Variance
Motion by Malick, second by Hurtgen to deny the special exception and variance based
on the following findings of fact and conclusions of law:
I. The applicants are Douglas and Ann McMillan.
2. The site is located in Section 13, T28N, R20W, Town of Troy, St. Croix County,
WI.
3. The applicant filed with the Planning and Zoning Department an application for a
Variance to expand a non - conforming structure located partially within a slope
preservation zone pursuant to section 17.36 I.2.e.1) b).
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein,
the Board of Adjustment finds that these low ceilings have always existed and do not
constitute a hardship.
Motion carried unanimously.
The meeting was adjourned by the Chair at 2.20 p.m.
Respectfully submitted,
l-
57� U--- bcm,
Sue Nelson, Secretary Becky Egg Rjarding Secretary
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