HomeMy WebLinkAboutBoard of Adjustment 09-23-10 ST. CROIX COUNTY BOARD OF ADJUSTMENT
Thursday, September 23, 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: October 28, 2010
E. UNFINISHED BUSINESS
1. Request for re- consideration of the special exception permit for Rivard/Northern States
Power for a new transmission electrical substation.
2. Request for re- consideration of a variance for Doug and Ann McMillan in the Riverway
District.
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: September 16, 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, September 23, 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: Town of Troy
LOCATION: NE ' / 4 of the NW '/a of Section 21, T28N, R19W, Town of Troy
ADDRESS: 277 Townsvalley Road
REQUEST: An after- the -fact variance for the road setback to be reduced pursuant to Section 17.60.6.a of
the St. Croix County Zoning Ordinance.
2. APPLICANT: David Hayden — DBA Hayden's Ridge Tree Service, LLC
LOCATION: SE' /4 of the NE' /4 of Section 13, T30N, R19W, Town of Somerset
ADDRESS: 1562 89 Street
REQUEST: An after -the -fact special exception to operate a contractor's storage yard pursuant to Section
17.15(6) (d) of the St. Croix County Zoning Ordinance.
RECONSIDERATION
3. APPLICANT: Sunset Electric
LOCATION: SW '/4 of the NW '/4 of Section 32, T29N, RI 8W, Town of Warren
ADDRESS: 667 100"' Street
REQUEST: Reconsideration 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) of the St. Croix County Zoning Ordinance.
All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from
the St. Croix County Planning and Zoning Department, Hudson, Wisconsin at (715) 386 -4680.
Clarence W. Malick, Chairperson
St. Croix County Board of Adjustment
VORIGINAL
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
September 23, 2010
The meeting was called to order by Chairperson Clarence "Buck" Malick at 8:31 a.m. A
roll call was made. Jerry McAllister, Sue Nelson and David Peterson were present. Joe
Hurtgen arrived at 8:33 a.m. Staff included: 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, October 28, 2010 at 8:30 a.m.
in the County Board Room of the Government Center in Hudson.
Unfinished Business:
Rivard/Northern States Power — Reconsideration of Special Exception
A reconsideration request was submitted by Brian and Rita Wiederin for a special
exception permit for construction of a new 69kV transmission switching station in the
Ag- Residential District in the Town of Star Prairie.
Sarah Schwartz, Northern States Power, signed an oath and spoke in opposition of the
reconsideration. She stated she has had several conversations with the neighbors of 205
Street and the Wiederins. She testified the lighting will not be on at all times, the lights
are motion activated. She said they have agreed to provide additional screening and
additional screening on the Wiederin's property. She stated Xcel Energy has an
environmental agent that would be willing to come to the property to test the EMF's
levels at the Wiederin's home. She asked that the decision stand as approved prior.
Brian Wiederin, signed an oath and spoke in favor of the reconsideration. He testified the
Town of Star Prairie did not notify the landowners when the application was presented to
the Town. He stated it was not Xcel Energy's fault, but feels if he was notified earlier,
they would have done something prior to coming to the County. He stated he has done a
lot of research online regarding health hazards related to substations.
Doug & Ann McMillan — Reconsideration of Variance
A reconsideration request was submitted by Douglas and Ann McMillan for a variance to
expand a structure located wholly or partially within the slope preservation zone in the
Riverway District in the Town of Troy.
Douglas McMillan signed an oath and spoke in favor of the reconsideration. He testified
he would like to raise the height of his home three feet. He stated his home is not up to
standard code and that is what his hardship for the variance is. He said there will be no
excavation and there will be no erosion in the slope preservation zone. He testified you
cannot see his home from the river now and will not be able to see his home if he
increases the height. He said the dormers will be moved farther away from the river. He
said his neighbors are okay with the addition. He stated he is not asking for anything that
is not in the public interest.
New Business
Application #1: Town of Troy — Variance
The applicant requested an after - the -fact variance for a reduction of the road setback for a
new recycling shelter in the Town of Troy.
Staff presented the application and staff report. The Town of Troy is the applicant of the
request. An excerpt of the Town Board meeting minutes from May 13, 2010 documents
town approval of the project to reconfigure the recycling center. St. Croix Land and
Water Conservation Department reviewed the application and had no comments on the
request. St. Croix County Planning and Zoning Department stated the applicant's
variance request was in response to a letter sent to the Town notifying them of a nuisance
complaint regarding noise from the trash compactor and the setback of the new structure.
Brian Schwab, Town of Troy Supervisor #2, signed an oath and spoke in favor of the
request. He testified there are two lanes of traffic that allow vehicles to pull into the site
from both sides. He stated the Town was trying to correct the flow of traffic. He said he
wasn't sure the Town would have accomplished what they wanted to if they would have
moved the shed 19 feet to avoid the need for a variance. He stated they took the shed
from where it was originally located and turned it 90 degrees to gain approximately 115
feet of visual distance. He testified the Town is not changing the hours of the recycling
center and they don't feel the center is overly noisy. He stated the Town cut the crest of
the hill out and it appears they dropped the intersection also so they later built up the
intersection to improve the view approximately 115 feet of site of distance. He said the
recycling center employees like more visibility.
Art Feyereisen signed an oath and spoke in favor of the request. He testified he was the
original guy that put the site in back in 1971. He stated he was on the Town Board at the
time. He stated the machinery that runs the compactor is stored in the shed on the site.
He said the location is definitely much easier to get in and out of now and it is located 30
feet farther back from the road. He stated the Town doesn't want to lose this center. He
testified the view is now 50 times better. He said the salt shed is sitting on a washout; the
Town had built the area all up and didn't feel it was feasible to put the recycling center in
this location.
Doug White signed an oath and spoke in opposition to the request. He questioned why
the Town didn't put the building on the other side to avoid a variance. He testified there
has not been a fence on the other side for a couple of years and is concerned with the
little kids that are in the neighborhood now. He stated there are refrigerators on the
property that have the doors still attached which could dangerous. He stated the Town
brought in gravel to heighten the road, not to cut it down to make visibility better.
Jo -Ann Lunney, neighbor across the road, signed an oath and spoke in opposition to the
request. She testified she moved into her home 47 years ago. She said she has watched
2
the Town tear down the old Town Hall building and rebuild with what they have now.
She asked that this application not be swept under the rug and looked at closely.
Marvin Nelson, neighbor to the facility, signed an oath and spoke in regard to the request.
He testified he felt the basis of granting a variance is very flawed. He stated he felt the
Board of Adjustment has had the same situation that all came out with different
decisions. He said the $900 fee for a variance is very punitive.
The Board recessed for a break at 9:56 a.m.
The Board reconvened at 10:05 a.m.
Application #2: Hayden's Ridge Tree Service — Special Exception
The applicant requested an after - the -fact special exception permit for a contractor's
storage yard in the Town of Somerset.
Staff presented the application and staff report. The Town of Somerset was sent a copy
of the application and the Town Board recommended conditional approval of the request.
St. Croix Land and Water Conservation Department reviewed the application and stated
the landowner file a Notice of Intent (NOI) with the Department of Natural Resources if
the grading will exceed one acre of disturbed area. Staff recommended approval of the
request based on nine findings of fact and conclusions of law with 14 conditions for
consideration.
Dave Hayden signed an oath and spoke in favor of the request. He testified he is looking
into financing to build a house on the property. He stated he had hopes of having it built
within three years. He said there is no equipment driven on the site. He said he leaves
once in the morning and comes back once at night. He testified no business is done at the
site. He said there is no debris in his trucks. He stated he has plans to plant pine trees for
screening. He stated school buses go through the neighborhood just as much as his trucks
will be going through. He testified there will be no fertilizer stored in his shed and would
be okay with a condition stated there is no fertilizer allowed in the shed. He stated a
neighbor told him there was concern with where he parks his truck on his property but
was not asked to move the truck.
Mark Stolley, adjoining property owner, signed an oath and spoke in opposition to the
request. He testified he moved to the area two years ago. He stated the area has kids
playing, bicycles out on the road along with people walking their dogs. He said his major
concern is the industrial trucks coming and going on the roads along with the safety of
children and the environment. He testified Hayden's Ridge Tree Service website says the
hours are from 7 a.m. to 10 p.m. and he offers a 24 -hour service. He stated another
concern of his is the unattended building. He stated he would like strict conditions to this
permit. He testified he has seen large logs in Hayden's driveway that could be from his
property or from another location; if they are from another location is he bringing any
diseased infected trees that would spread to their neighborhood? He stated the proposed
building will be seen from the road and does not feel the 150 feet off of the road is far
enough back.
3
Application #3: Sunset Electric /Curtis Miers -- Reconsideration
A request for reconsideration to amend a special exception of an existing contractor's
storage yard to add two new contractors' storage yards, Gruber Landscaping and Walters
Buildings, in the Town of Warren.
Staff presented the application and staff report. Richard and Karen Meyer submitted new
evidence for the reconsideration. Staff recommended if the Board could make a finding
that the projected traffic counts are higher than originally presented, and then the Board
should consider adding a condition.
David Rakovszky, owner of Sunset Electric, signed an oath and spoke in opposition to
the reconsideration. He asked who they would report to when keeping track of the
license plates. He stated it would be sort of difficult to keep all license plates on record
as work is seasonal.
Staff stated a list of license plates would be used as a reference if the County were
questioned.
Jason Gruber, Gruber Landscaping, signed an oath and spoke in opposition to the
reconsideration. He stated they would only be on the property if it snows and then maybe
only once a week. He stated he is going through financing right now to purchase the
property; but doesn't want to get the loan if the approval of the permit does not get
approved.
Chair Malick declared the public hearing closed at 11:28 a.m.
Decisions
After hearing the testimony and reviewing the material in the record, the Board rendered
the following decisions:
Application #3: Sunset Electric /Curtis Miers -- Reconsideration
With reference to the reconsideration, a motion by Nelson, second by Hurtgen to approve
the granting of the application with changes based on the following findings of fact and
conclusions of law:
1. The applicants are Dave Rakovszki, owner and Jason Gruber agent.
2. The site is located in the SW' /4 of the NW 1 /4, Section 32, T29N -R18W, 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 two 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
4
Residential district.
5. With the access from 100th 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.
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 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 applicants testimony they stated that they are willing to cover the salt bin and
place a lip on the front.
15. Staff calculated projected daily directional trips based on the following: Sunset
Electric will have 2 employees and 1 cube van. Gruber's Landscaping will have 3
employees and 2 pick -up trucks. A pole building contractor will have 2 employees
and 2 pick -up trucks. This is a total of 7 employees and 5 vehicles. When the
employees arrive to the site to pick up a work vehicle and then leave for the day, this
will be 7 employees driving in and then 5 vehicles driving out which is 12
directional trips in the morning. If the employees in all 5 vehicles came back to the
5
site twice a day, this would be another 20 directional trips. At the end of the day
there would 5 vehicles returning to the site and 7 employees leaving for an
additional 12 trips. This is a total of 44 directional trips per day.
16. The Town of Warren does not have existing directional trip data for 100th Street, so
an average of the Town's available daily trip data from 130th Street, 70th Avenue
and 100th Avenue was calculated. The average daily directional trips of the 3
locations is 603 directional trips per day. These 3 locations would likely carry more
traffic than 100th Street. Based on the projection above, the estimated maximum
number of directional trips for 100th Street would be 647 per day (603 + 44).
17. The Institution of Transportation Engineer's (ITE) requires a traffic impact analysis
when the there are over 750 directional trips, therefore, this level of traffic would not
require a traffic impact analysis.
18. Staff then reviewed "Chapter 82 town Highways" The minimum design standard for
a road that carries 401 to 1000 ADT would be:
• A 4 rod right of way (66 feet)
• 34 foot roadway width
• 22 foot surface width
• A maximum grade of 5% to 8 %
• A curvature of 5 degrees to 12.5 degrees
19. Staff conducted an onsite and recorded the following measurements:
• 29 foot to 31 foot roadway width, this is the pavement and shoulder.
• 22.3 foot surface width.
• Based on a visual inspection this portion of the road was within the grade
and curvature guidelines above.
20. The road that serves this property meets all the guidelines above except for roadway
width.
21. The vision clearance to the south is approximately 520 feet. Jeff Durkee from the
County Highway Department stated that is sufficient for a 45 M.P.H. road.
With the following conditions:
1. This special exception permit allows the applicant to add 2 new contractors'
storage yards, Gruber's Landscaping and a pole building contractor, 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
6
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. If any live trees are removed,
buffering shall be maintained at a minimum of 80% opacity.
4. Hours of operation shall be lam to 7pm, Monday through Friday with occasional
weekend hours.
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. All chemicals shall be properly stored and disposed of.
10. 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 (September 2010).
11. 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.
12. 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.
13. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
7
14. 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.
15. Sign shall be limited to the previously approved 32 square foot, non - illuminated
sign.
16. 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.
17. The applicants shall have 24 months from the filing date of this amendment to the
special exception permit to substantially complete the project including the
construction of the new building. After that 6 -month extensions may be granted by
staff for up to an additional year. After a total of three years the applicants will
need to seek an additional approval from the BOA.
18. The applicant shall maintain a list of work vehicles and license plate numbers for
the 3 businesses located on this property. If the number of vehicles is increased, or
the average daily directional trips are increased beyond that listed in the application,
then the applicant shall come back before the Board with a special exception
request to amend the conditions of the permit prior to increasing the intensity of the
uses on the site. This list shall be provided to Zoning Administrator upon request.
Motion carried unanimously.
Recessed for site visits and lunch at 11:45 a.m.
Reconvened at 1:22 p.m.
Rivard/Northern States Power — Reconsideration of Special Exception
Motion by McAllister, second by Peterson to deny the reconsideration for a special
exception permit for construction of a new 69kV transmission switching station in the
Ag- Residential District in the Town of Star Prairie 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 1 /4 of the SW ' / 4 of Section 19, T3 1N, 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.
8
4. There is not sufficient new evidence to re -hear this application.
Motion carried unanimously.
Doug & Ann McMillan — Reconsideration of Variance
Motion by McAllister, second by Hurtgen to deny the reconsideration for a variance to
expand a structure located wholly or partially within the slope preservation zone in the
Riverway District in the Town of Troy based on the following finding of fact and
conclusions of law:
1. 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 made a request to reconsider the denial of a variance application to
expand a non - conforming principal structure within a slope preservation zone in the
Lower St. Croix Riverway pursuant to section 17.36 1.2.e. 1) b).
4. There is not sufficient new evidence to re -hear this application.
Motion carried 3 -2.
Hurtgen, yes; McAllister, yes; Malick, yes; Nelson, no; Peterson, no.
Minutes
Motion by Nelson, second by Hurtgen to approve as amended the August 26, 2010
minutes as submitted. Motion passed unanimously.
Application #2: Hayden's Ridge Tree Service — Special Exception
Motion by Nelson, second by Hurtgen to approve an after - the -fact special exception
permit for a contractor's storage yard in the Town of Somerset based on the following
findings of fact and conclusions of law:
1. The applicant is David Hayden of Hayden's Tree Service.
2. The site is located in the SE' /4 of the NE '/4, Section 13, T30N -R19W, Town of
Somerset, St. Croix County, WI.
3. The applicant filed an application with the Board of Adjustment for a special
exception permit to operate a contractor's storage 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.
9
5. With the access from 89 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. The proposed building will have dense vegetation on the west, north
and east sides. With conditions to maintain the newly planted trees on the southwest
side of the driveway and planting additional trees on the southeast side of the
driveway this request will have little visual impact and therefore will not
substantially affect property values.
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.
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 Town of Somerset has recommended conditional approval of this application
with the following conditions:
a) No storage of chips, brush or trees on the property, screening and limiting
the number of commercial vehicles to two.
b) No fuel storage and storing commercial vehicles and equipment inside the
building when not in use.
c) Limiting hours of operation and number of employees. lam to 7 pm was
suggested.
9. The Land and Water Conservation Department has reviewed this application and
stated that the landowner file a Notice of Intent (NOI) with the Department of
Natural Resources if the grading will exceed one acre of disturbed area.
10. The applicant states that no wood is stored on site because the wood is taken to the
chip processing site and trucks are swept before returning to the contractor's storage
yard.
11. The applicant stated that he would construct a house within 3 years.
With the following conditions:
1. This special exception permit allows the applicant to operate a contractors'
storage yard, with a pick up truck, trailer mounted chipper and a bucket truck as
indicated in the plans submitted on August 2, 2010 and outlined in the
"Background" section of the staff report. Approval for this special exception
permit does not include any additional structures, services, operations, vehicles or
employees not indicated in the plans.
10
2. Prior to commencing construction, the applicant shall secure a building permit
from the Town of Somerset. 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, which obtain 100%
opacity in leaf -on conditions, which screen the property from the properties to the
west, north and east, with the exception of clearing some trees to build a house in
the future.
4. Prior to commencing construction of the proposed building, the applicant shall
submit to and have approved by the Zoning Administrator a landscaping plan to
create a vegetative buffer at least 10 feet in width to be placed between the road
setback and the proposed building. This plan shall include native evergreen trees
and shrubs at least six feet in height at the time of planting. The buffer shall attain
at least 80% opacity at maturity. The plan should include the species, size, and
location of all trees, shrubs, and groundcover to be planted on the site, as well as a
timeline for the plantings and a maintenance agreement to ensure that all
vegetation establishes successfully and is maintained. This condition shall be
waived if the applicant submits to the Zoning Administrator a document signed by
the adjoining property owner(s) to the south stating that they do not desire the
vegetative buffer.
5. Hours of operation shall be lam to 7pm, Monday through Friday except in the
case of an emergency situation.
6. All lighting associated with the business shall be illuminated downward and
shielded away from neighboring properties to minimize glare.
7. No manufacturing, retail services or other services shall take place on this site.
8. 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 of supplies other than vehicles
and trailers.
9. There shall be no storage of any tree products, debris or fertilizer. Trucks shall be
swept out prior to returning to the site.
10. Proposed shed shall be 163 feet from the centerline of the road.
11. No signs are approved as part of this permit. Any future signage shall comply
with the standards and permit requirements of Section 17.65 of the St. Croix
County Ordinance.
12. No hazardous materials other than those associated with maintenance and use of
the vehicles and equipment shall be used on the site. Any fuel or hazardous
11
materials stored on the site must be stored in proper containers and conditions in
accordance with applicable state and federal standards.
13. 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 matter shall be
taken before the Board of Adjustment at a public hearing.
14. Applicant shall construct a house within 3 years of the date of this decision.
15. A Notice of Intent (NOI) with the Department of Natural Resources shall be filed
if the grading will exceed one acre of disturbed area
16. Any 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.
17. The applicant shall be responsible for contacting the Zoning Administrator to
review this special exception permit for compliance in September 2012 which is
two years from the approval date.
18. 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.
19. 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.
20. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
Motion carried unanimously.
Application #1: Town of Troy — Variance
Motion by McAllister, second by Peterson to table the after - the -fact variance for a reduction
of road setback until the October 28, 2010 hearing to allow time to provide supplemental
information in support of your request.
12
The Board would like to have an opportunity to review a surveyed site plan that
accurately represents the dimensions and locations of the property boundaries,
particularly the easterly lot line, and existing structures on the above parcel. The Board
would also like the Town to provide compelling reasons why the recycling center and
trash compactor can not be placed on the east side of the town maintenance shop.
The supplemental information must be submitted to the Zoning Administrator by October
18 in order for it to be included with the staff report mailing prior to the Board of
Adjustment meeting on October 28, 2010.
Motion carried unanimously.
The meeting was adjourned by the Chair at 2.20 p.m.
Respectfully submitted,
Sue Nelson, Secretary Becky Eg , Recotdito Secretary
13