HomeMy WebLinkAboutBoard of Adjustment 03-25-10 ST. CROIX COUNTY BOARD OF ADJUSTMENT
Thursday, March 25, 2010
8:45 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: April 22, 2010
E. UNFINISHED BUSINESS
1. Nordby — Special Exception/Variance Request — Tabled January 28, 2010
2. Murr
F. PUBLIC HEARINGS — See Attached
G NEW BUSINESS
1. Closed session pursuant to Wisconsin Statutes 19.85(l)(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: March 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, March 25, 2010, at 8:30 a.m.
at t9e 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: Russ Utecht
LOCATION: NE' /4 of the NE' /4 of Section 21, T30N, RI 8W, Town of Richmond
ADDRESS: 1454120 Street
REQUEST: Special Exception request to locate a temporary hot -mix asphalt plant at the existing gravel
pit in the Ag Residential District pursuant to Section 17.15(6)(n)of the St. Croix County
Zoning Ordinance.
2. APPLICANT: David & Patricia Wachter
LOCATION: NW t /4 of the NW '/4 of Section 18, T30N, R19W, Town of Somerset
ADDRESS: 157632 d Street
REQUEST: After - the -fact special exception permit to continue operating a retail fireworks business in the
Commercial District pursuant to Section 17.18(1)(a) of the St. Croix County Zoning
Ordinance.
3. APPLICANT: Town of Baldwin
LOCATION: NE %4 of the NE 1 /4 of Section 21, T29N, R16W, Town of Baldwin
ADDRESS: 2399 90 Avenue
REQUEST: Special Exception permit for a new town hall in the Ag Residential District pursuant to
Section 17.15(6)(s) of the St. Croix County Zoning Ordinance.
VARIANCE
4. APPLICANT: Mark G. Warnken
LOCATION: Government Lot 1, Section 23, T28N, R20W, Town of Troy
ADDRESS: 150 Cove Court
REQUEST: Variance for filling and grading in the slope preservation zone in the Lower St. Croix
Riverway District pursuant to Section 17.36 H.3.c 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
March 25, 2010
The meeting was called to order by Chairperson Clarence "Buck" Malick at 8:45 a.m. A
roll call was made. David Peterson, Joe Hurtgen and Sue Nelson were present. Jerry
McAllister was absent. 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 Board and staff confirmed an April 2010 meeting was not necessary.
The next meeting for the Board is scheduled for Thursday, May 27, 2010 at 8:30 a.m. in
the County Board Room of the Government Center in Hudson.
Application #1: Russ Utecht — Special Exception
The applicant requested a special exception permit for a temporary hot mix plant in an
existing non - metallic mine in the Town of Richmond.
Staff presented the application and staff report. The Town of Richmond recommended
approval with the following contingencies: 1.) Only one travel trailer /motor home on site,
2.) Having dust control measures in effect, and 3.) No truck traffic on 120 Street. St.
Croix County Highway Department had no objection to temporary hot mix plant and
recommended the application of the chloride dust control agent at the plant entrance and
along the haul road. St. Croix Land and Water Conservation Department did not have
any concerns with the temporary hot mix. Wisconsin Department of Natural Resources
issued an air pollution control general operation and general construction permits for the
proposed temporary hot mix plant. Staff recommended approval based on eight findings
of fact and conclusions of law with 12 conditions.
Ron Peterson of B.R. Amon & Sons, Inc. signed an oath and spoke in favor of the
request. He stated they will have an ambitious schedule starting June 1, 2010. WisDOT
would like the Highway done by July 16 He stated they would like to use water that is
already kept on the site to reduce the dust rather than adding another expense and using
Chloride. He testified he would like to use as many hours of the day as possible to work
as their schedule will be very aggressive. He stated the hours and end date in the staff
report are agreeable.
Russ Utecht signed an oath and spoke in favor of the request. He testified the black top
pad at the entrance would be a good thing for both parties as it will act as a driveway
and /or tracking pad. He stated the tracking pad will help with the erosion issues at the
entrance. He said the conditions shouldn't interfere with anything.
No one testified in opposition.
Application #2: David & Patricia Wachter — After - the -fact Special Exception
The applicants requested approval of an after - the -fact special exception permit to
continue operating a retail fireworks business on a parcel in the Commercial District in
the Town of Somerset.
Staff presented the application and staff report. The Town of Somerset Town Board and
Plan Commission commented that: 1) driveway permit will have to be obtained, but
shouldn't be a problem as it meets separation distance, 2) septic system will require
County to review its compliance status, 3) driveway separation will need to be clarified.
Town Board and Plan Commission recommended approval. St Croix County Land and
Water Conservation Department stated the general stormwater retention basin appeared
to be more than adequate for the site and functions quite well. There is a great deal of
vegetated sheet flow prior to the stormwater basin that should function quite well in
removing sediments and infiltrating a portion of the stormwater generated from the site.
The Land and Water Conservation Department had no additional comments or concerns
with the site as long as no additional grading takes place and all vegetation is maintained.
Staff recommended approval based on nine findings of fact and conclusions of a law with
nine conditions.
Pat Wachter, Co- Owner, and Jason Wachter, Vice President, signed an oath and spoke in
favor of the request. Jason testified the building does not have sprinklers as the State of
Wisconsin does not require it. He stated the local fire chief inspects the building. Pat
testified the building is closer to .6000 square feet rather than 1800 square feet that was
stated in the staff report. She asked the Board to consider having hours of operation until
midnight since the type of businesses around them are the Lockness and St. Croix
National. She stated they would like to have options of being open later especially in the
busy season from May to the end of July. They asked to be able to still have the light on
the American Flag that is on the property. It was stated the flag is too large to take down
at the end of the business day.
Ann Wachter, signed an oath and spoke in favor of the request. She testified they have
closed at 10 and they still have had customers so they have been open longer and they
have not had any complaints from the Town.
No one testified in opposition.
Application #3: Town of Baldwin — Special Exception
The applicant requested a special exception permit to construct a new town hall in the Ag
Residential District in the Town of Baldwin.
Staff presented the application and staff report. The Town of Baldwin is the applicant and
therefore did not submit recommendations for its application. St. Croix County Land and
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Water Conservation Department reviewed the application and found the stormwater and
erosion control plans consistent with Wisconsin Administrative Code NR 151
requirements. They recommended the applicant provide an operation and maintenance
plan referencing the stormwater management plan on the deed to the property. Staff
recommended approval of the request based on 12 findings of fact and conclusions of law
with 20 conditions.
No one testified in favor or in opposition of the request.
Motion by Nelson, second by Peterson to approve the special exception request to
construct a new town hall in the Ag Residential District based on staff's
recommendations. The findings of fact and conclusions of law are later found in the
minutes.
Motion carried unanimously with Hurtgen abstaining and McAllister absent.
Application #4: Mark G. Warnken — Variance
The applicant requested a variance in order to install a replacement private on -site
wastewater treatment system (POWTS) within the slope preservation zone in the Lower
St. Croix Riverway District in the Town of Troy.
Staff presented the application and staff report. Town of Troy Plan Commission
recommended the following additional items to be addressed: 1) Any proposed alteration
of vegetation and topography; the applicant was asked to clearly mark on a photograph of
any vegetation removed. If it is excessive, he was asked to consider replanting. 2) An
erosion control plan. The site plan showed a silt fence on the downstream side of the
project. The application should contain a statement that it will be erected to DNR
standards. 3) A vegetation management plan. This should include what mitigation will
take place, e.g. seeding, etc. 4) Additional information - how any damage to the access
trail will be remediated, and a statement that if necessary, the site will be accessed by
barge. St. Croix Land and Water Conservation Department had the following
recommendations: 1) all vegetation that is destroyed as part of the excavation shall be
reestablished with native vegetation. 2) Perimeter erosion control shall be installed and
maintained on site until all disturbed areas have self - sustaining vegetation established.
3) Heavy equipment access to the site to be by barge to limit the amount of vegetation
destruction in the slope preservation zone. Wisconsin Department of Natural Resources
had no issues with the proposed project provided there will be a vegetative management
plan in place per NR 118. Staff recommended approval based 13 findings of fact and
conclusions of law with 14 conditions.
Mark Warnken signed an oath and spoke in favor of the request. He stated he has owned
the cabin for 10 -11 years and they did some interior remodeling and are spending more
time there and the septic system is not adequate. He stated using the barge to get
equipment to property will be an added cost of $1800 42000 and if there is an alternative
he would rather use that. He stated using the Yacht club's property would all depend on
the water level of the river. He said time is of the essence and if it is going to cost a little
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extra, he would like to stay on the plumber's schedule.
No one testified in opposition.
Unfinished Business:
Kat Nordy — Special ExceptionNariance — Tabled January 28, 2010
The applicant requested a reconsideration of a variance to the 700 -foot setback from
property lines required for a kennel and a special exception for an animal boarding
facility in the shoreland, floodplain, and Ag Residential Districts in the Town of Emerald.
Staff presented a revised staff report with the data requested by the Board at the previous
meeting.
Kat and Rick Nordby signed an oath and spoke in favor of the request. She testified their
closest neighbor to the East signed their approval letter. James and Vickie Treutel have a
fortress of trees planted around their house and eventually will not even be able to see
their property and they were in opposition. She stated the other neighbors have all been
contacted and have no issues. She stated the public that comes forward to oppose an
issue should have facts rather than making false accusations.
Stephanie Swanson signed an oath and spoke in favor of the request. She testified she
had questions regarding the ordinance and would like more history on this application as
she may need to get a variance for a kennel as well.
Vickie Treutel signed an oath and spoke in opposition to the request. She testified she
did not have a fortress of trees; it is 80 acres and she likes to plant trees. She stated trees
do not block noise. She testified she did not say the Nordbys were boarding dogs
already; that was what she was told at the post office. She stated her neighbor has one
dog currently and it concerns her when the dog is outside barking. She stated the
application was denied for a reason and there is no hardship and asked the Board to not
reconsidered and to keep the 700 foot setback as well.
The Board recessed at 10:10 a.m. for site visits and lunch
The Board Reconvened at 12:33 p.m.
Decisions
After hearing the testimony and reviewing the material in the record, the Board rendered
the following decisions:
Application #2: David & Patricia Wachter — After - the -Fact Special Exception
Motion by Hurtgen, second by Peterson to approve the after - the -fact special exception to
operate a retail consumer fireworks business in the Commercial District in the Town of
Somerset based on the following findings of fact and conclusions of law:
1. The applicants are David & Patricia Wachter, property and business owners.
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2. The site is located at 1576 32 Street in the NW % of the NW % of Section 18,
T30N, R19W, Town of Somerset.
3. The applicant filed with the Board of Adjustment an application for after - the -fact
special exception to operate a retail consumer fireworks business in the
Commercial District pursuant to Section 17.18(l) of the St. Croix County Zoning
Ordinance.
4. This request would not violate the spirit or general intent of the St. Croix County
Zoning Ordinance in that a retail fireworks business is a reasonable and
appropriate use in the Commercial District, which the property is currently zoned.
The existing activities have proven to be compatible with existing adjoining
commercial uses in the area and the site is located near the State Highway 35/64
exit at Cty. Rd. V, which is easily accessible to customers in both WI and MN.
5. The existing fireworks retail sales meet several goals and objectives of the St.
Croix County Development Management Plan including locating commercial
development where suitable conditions exist, pursuing quality of life that will
attract and retain quality businesses and employment, promoting the development
of new businesses in the County, and diversifying the County's economy.
6. The applicant's building has existing 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.
7. Existing screening with appropriate trees and/or shrubs, as well as an earthen
berm on the north side of the building, reduces noise and visibility of retail traffic
for adjacent properties. This request would not constitute a nuisance by reason of
noise, dust, smoke, odor, or other similar factors. The site is surrounded by
predominantly commercial uses and does not have a record of complaints by
adjacent land owners.
8. The applicants' business provides adequate off - street paved parking pursuant to
Section 17.57 (5) and has a permitted driveway access pursuant to Section 17.60
of the St. Croix County Zoning Ordinance.
9. The Town of Somerset Town Board and Plan Commission June 2, 2002 meeting
minutes both Plan Commission and Town Board recommended approval.
With the following conditions:
1. This special exception permit allows the applicant to continue operating a retail
fireworks business on the site as indicated in the application and as provided in
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the conditions below. This approval does not include any additional uses,
structures, or activities.
2. Town of Somerset 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. The applicants shall be responsible for complying with any other local, state, or
federal permit requirements, licenses and approvals.
4. Normal hours of operation may be from 8:00 AM to midnight.
5. The store employs one full -time manager and may employ additional seasonal
employees, not to exceed the equivalent of four (4) full time employees in
compliance with design wastewater sizing for the existing POWTS.
6. The applicants will continue to maintain adequate off - street parking in compliance
with Section 17.57(5).
7. 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.
8. The applicant shall be responsible for continuing to keep the property in a neat
and orderly manner.
9. All lighting associated with the business 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. The flag may be appropriately illuminated.
10. 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.
11. 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.
12. Any minor change or addition to the fireworks retail sales operations, including but
not limited to a change in use or facilities, or the addition of services or staff shall
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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.
13. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
Motion carried unanimously.
Application #1: Russ Utecht — Special Exception
Motion by Peterson, second by Nelson to approve the special exception permit for a
temporary hot mix plant in an existing non - metallic mine in the Town of Richmond based
on the following findings of fact and conclusions of law:
1. The applicant is Russ Utecht, property owner and Ron Peterson, agent.
2. The site is located at 1454 120` Street in the NE'/ of the NE'/ of section 21, T3 ON,
R18W, Town of Richmond, St. Croix County, Wisconsin.
3. The applicant filed with the Planning and Zoning Department an application for a
special exception permit for a temporary hot mix plant in the Ag Residential
district pursuant to Section 17.15(6) (n) 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 temporary hot mix plants may be allowed in the Ag
Residential District with a special exception permit.
5. By operating within the parameters outlined in the DNR air pollution control
permits and with conditions to properly contain all petroleum products associated
with the operation, this request would not be contrary to the public health and
safety or general welfare of the surrounding area. Since the surrounding land uses
are primarily non metallic mining and concrete production, this request would not
be adverse to the property values in the area.
6. With a condition limiting the hours of operation and the fact that this temporary
hot mix plant will be in a depression and surrounded by similar uses, this request
will not be a nuisance in terms of noise. With a condition to apply the chloride
dust control agent and to install a tracking pad this request would not be a dust
nuisance. With a condition to direct lighting downward, this request would not be
a nuisance due to light glare.
7. Staff talked with Joe Brehm from the Wisconsin DNR in reference to the air
pollution control general operation and general construction permits that they
issued. The proposed hot mix plant equipment emissions are in compliance with
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the standards outlined in those permits and therefore will not be nuisance in terms
of smoke and odor.
8. Section 17.15 (6) (n) that states that temporary hot mix plants are allowed with a
special exception permit if they are engaged in a public highway related project
and do not exceed 120 days in operation. This request is for approximately 45
days and for State Highway 65 and complies with 17.15 (6) (n).
With the following conditions:
1. This special exception permit allows the applicant to operate a temporary hot mix
plant in the Ag. Residential district. Approval for this special exception permit
does not include any additional uses, structures, or other activities.
2. The applicant shall be responsible for securing all other necessary local, state, and
federal permits and approvals.
3. All petroleum products associated with asphalt production shall be properly stored
and removed at the end of the project.
4. Hours of operation shall be 6 AM to 9PM Monday through Saturday.
5. Chloride dust control measures shall be used.
6. Any future lighting associated with this operation must be downward directed and
shielded away from neighboring properties. In addition, lighting must be no
higher than the lowest eaves of the buildings.
7. No signs are approved as part of this permit. Any future signage will require a sign
permit.
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. All buildings and property shall be maintained in a neat and orderly manner.
10. These conditions may be amended or additional conditions may be added to
address complaints or unanticipated circumstances that would affect the health,
safety, or general welfare of citizens or degrade the natural resources of St. Croix
County. Conditions will not be amended or added without notice to the applicant
and opportunity for a hearing.
11. Any change in the use of the property; change in the building or facilities; or
changes to the approved project details — including but not limited to structures,
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landscaping, signs, lights, parking, or lot/access changes — shall require prior
review and approval by the Zoning Administrator to ensure that all Ordinance
requirements are met. The Zoning Administrator may determine that special
exception approval is necessary.
12. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
13. This permit will expire on October 1S 2010. (120 days from June 1 S )
14. Driveway / tracking pad shall be installed at entrance.
Motion carried unanimously.
_Application #4: Mark G. Warnken — Variance
Motion by Nelson, second by Peterson to approve the variance for filling and grading in
the slope preservation zone in the Lower St. Croix Riverway District in the Town of Troy
based on the following findings of fact and conclusions of law:
1. The applicants are Mark G. Warnken, property owner, with Paul Steiner, Steiner
Plumbing and Electric, Inc. and Ogden Engineering Co., acting as his agents.
2. The site is located in Government Lot 1, Section 23, T28N, R20W, Town of Troy,
St. Croix County, WI.
3. Staff from the Planning and Zoning Department and the Land and Water
Conservation Department conducted a joint site visit on March 4, 2010. POWTS-
Certified staff has reviewed the plan and soil report data and find that the
proposed replacement POWTS will be able to meet or exceed applicable
standards in COMM 83 with conditions that the existing well is abandoned, an
alternative water supply has been connected to the dwelling, the dispersal cell is
10' from the existing shed, and verification that no other wells are within 50 feet
of the POWTS. Replacement of the existing wastewater system would eliminate
the potential for groundwater or surface water contamination. The site limitations
- including lot size, excessive slopes, and soil/bedrock conditions - preclude use
of other portions of the parcel for POWTS installation. Holding tanks are not an
option on this site due to the availability of on -site wastewater treatment per
Section 12. LFA.b. of the St. Croix County Sanitary Ordinance.
4. The Town of Troy Plan Commission reviewed the concept application under its
Riverway Ordinance during a March 4, 2010 meeting. The Plan Commission
recommended the following additional items be addressed in the town Riverway
permit application:
• Any proposed alterations of vegetation and topography. The applicant was
asked to clearly mark on a photograph any vegetation to be removed. If it is
excessive, he was asked to consider replanting.
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• An erosion control plan. The site plan shows a silt fence on the downstream
side of the project. The application should contain a statement that it will be
erected to DNR standards.
• A vegetation management plan. This should include what mitigation will take
place, e.g. seeding, etc.
• Additional information. How any damage to the access trail will be
remediated, and a statement that if necessary, the site will be accessed by
barge.
5. The St. Croix County Land and Water Conservation Department has reviewed the
plans and made the following recommendations: all vegetation that is destroyed
as a part of the excavation shall be reestablished with native vegetation, perimeter
erosion control must be maintained until self - sustaining vegetation is established,
and heavy equipment access the site by barge to limit the amount of vegetation
destruction in the slope preservation zone.
6. The Wisconsin Department of Natural Resources has no issues with this proposed
project provided there will be a vegetative management plan in place per NR 118.
7. The applicant filed an application with the Board of Adjustment for a variance for
filling and grading in the slope preservation zone in the Lower St. Croix Riverway
District to install a replacement POWTS for an existing legal, nonconforming
seasonal residence, which is prohibited pursuant to Section 17.36 H.3.c of the St.
Croix County Zoning Ordinance. The applicant proposes to disturb an area of
approximately 700 square feet within a slope preservation zone to install the
septic tank, dose tank, and a drip - irrigation wastewater dispersal cell. With
conditions to allow access to the site using a barge for transporting equipment and
materials necessary to install the POWTS, the request will meet the purpose of
Section 17.36.B for preventing soil erosion and pollution and contamination of
surface water and groundwater.
8. According to the site plan submitted, a 10" diameter basswood and two 2"
ironwood trees will be removed to install the replacement POWTS. Other
existing ironwood, elm, basswood, and oak trees around the perimeter of the
excavation will be preserved. The project will not entail the disturbance of any
wetlands, nor will it add impervious coverage or change the drainage of the site.
With conditions for protecting existing trees outside the POWTS excavation area,
replacing any vegetation that is removed or that dies as a result of the replacement
system with native vegetation, and properly implementing the erosion and
sediment control plan, this request will meet the standards in Section 17.36 H.5 of
the St. Croix County Zoning Ordinance.
9. This request would not be contrary to the public interest, which is to protect slope
preservation zones in the Lower St. Croix Riverway District to prevent soil
erosion, maintain property values, and preserve and maintain the exceptional
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scenic, cultural, and natural characteristics of the water and related land of the
Lower St. Croix Riverway. Replacing an aging POWTS would help prevent soil
and water contamination from poorly treated wastewater discharge, which
eliminates a potential public health hazard and helps to maintain the property
value of an already developed parcel. As part of the project, erosion and sediment
control measures would be employed, and efforts would be made to protect
existing trees outside the POWTS area. With the conditions listed in Finding #8
above, the exceptional scenic, cultural, and natural characteristics of the Riverway
would be preserved and maintained.
10. Literal enforcement of the provisions of the Ordinance would create an
unnecessary hardship due to the unique physical characteristics of the property.
The parcel is small, consisting of a substandard lot totaling less than 0.2 acre. The
majority of the parcel slopes steeply toward the St. Croix River with slopes in
excess of 25 percent, a small portion with less than 12 percent, and the remainder
within slope preservation zones greater than 12 percent. These site characteristics
were not self - created by any actions of the property owners. The replacement
system would occupy an area within the parcel that is outside the 50' OHWM
setback, above the floodplain elevation, and not on slopes that exceed 24.9
percent. Approximately 700 square feet would need to be disturbed within the
slope preservation zone for installation of the replacement system to meet
applicable state and county setbacks.
11. According to the applicant's agent and County POWTS- certified staff, the
proposed replacement POWTS is the only type of system that will work well with
the unique limitations of the site. A holding tank would not be appropriate on this
site per Section 12.1 FA.b. of the St. Croix County Sanitary Ordinance, as well as
the subsequent need for more frequent tank pumping. A POWTS generally has to
be serviced once every three years (potentially less for a seasonal dwelling), while
a holding tank generally would have to be pumped as often as once every two to
three months during occupation.
12. The applicants are requesting minimal relief from the standards in the Ordinance.
The amount of disturbance within the slope preservation would not exceed 700
square feet and is the minimum necessary to install the septic tank, dose tank, and
the wastewater treatment cell in compliance with other applicable state and
county standards.
13. Substantial justice would be done by allowing the applicant to continue using the
existing legal, nonconforming seasonal residence on the property - which is a
permitted use in the Lower St. Croix Riverway District - while reducing threats to
public health and soil and water resources. Denying this variance would require
the continued use of an aging POWTS that could fail and cause a public health
hazard by contaminating soil, groundwater, and surface water. The replacement
POWTS has been designed to minimize tree removal, soil disturbance, erosion,
and any other negative environmental impacts.
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With the following conditions:
1. This variance approval allows the applicant's agent to install a septic tank, dose
tank, and piping to a POWTS, which requires excavation of the tank holes and a
38' x 12' cell for dispersal of wastewater within the slope preservation zone. All
work shall be done in accordance with the conditions below. The total disturbed
area for the project shall not exceed 700 square feet. Approval of this variance
request does not include any additional structures, vegetation removal, filling and
grading, or other activities.
2. Access to the site for installation of the POWTS shall only be via barge and the
owner's frontage on the river. Trees and vegetation that might be affected shall
be included in the vegetation management plan for replacement with native
plantings (see Condition #7 below).
3. Prior to commencing any excavating activities, the applicant shall develop a
maintenance plan for servicing the septic and dose tank, including the logistics of
getting pumping equipment to the site and removal of waste material by a
licensed septic pumper. This plan must be included in the sanitary permit
application submittal.
4. Prior to commencing construction, the applicant shall be responsible for obtaining
all other required local, state, and federal permits and approvals, including but not
limited to approval from the Town of Troy and a sanitary permit.
5. Prior to commencing any excavation activities, the applicant shall submit to the
Zoning Administrator a construction timeline and contact information for all of
the excavators, landscapers, plumbers, and other contractors working on the site.
The applicant shall schedule an on -site pre - construction meeting with the Zoning
Administrator to:
• ensure that all pre - construction conditions have been met, including a
compliance deposit;
• ensure that all contractors involved are aware of the conditions of the
approval; and
• ensure that the applicant is aware of his roles and responsibilities as the
property owner.
6. Prior to commencing any excavation activities, the approved erosion control
measures shall be installed and shall be maintained in place until the entire site
has been stabilized with permanent native vegetation consistent with the
vegetation management plan (see Condition #7 below). 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
groundcover is established.
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7. Prior to commencing any excavation activities, the applicant shall submit to and
have approved by the Zoning Administrator a vegetation management plan for the
project. The plan shall include:
• A description of the measures to be taken for protecting all existing trees
outside the proposed excavation site (as shown on the applicant's site plan).
• A list of replacement trees, shrubs, forbs, and/or grasses native to the area
and suitable for stabilizing steep slopes, preventing erosion, and providing
non - invasive cover. Replacement trees shall be planted in accordance with
the replacement schedule in Section 17.36 H.81 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.
8. Prior to commencing an excavation activities, the applicant shall submit to the
Zoning Administrator a Compliance Deposit equal to $500 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.
9. Within 30 days of completing the project, the applicant shall submit to the Zoning
Administrator photographs of the area disturbed by POWTS installation. The
applicant shall be responsible for replacing any trees that eventually die as a result
of the replacement system, and planting additional native trees, shrubs, and
groundcover as determined necessary by the Zoning Administrator to meet the
Lower St. Croix Riverway District vegetation standards in the St. Croix County
Zoning Ordinance.
10. Within 30 days of completing the project, the applicant must record an affidavit
against the property with the County Register of Deeds that describes the
approved POWTS maintenance plan for servicing the septic tank and references
the vegetation plan. The intent is to make future owners aware of the
responsibilities incurred in properly maintaining the POWTS and native
vegetation on this site. The applicant must submit a copy of the recorded affidavit
to the Zoning Administrator at this time
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 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 variance approval process.
12. The applicants shall have one (1) year from the issuance of these approvals to
commence installation of the replacement POWTS and two (2) years to complete
it. Failure to do so may result in expiration or revocation of this decision, after
which time the applicants will be required to secure a new variance before starting
or completing the project.
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13. 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.
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.
Unfinished Business: Kat Nordby — Special Exception/Variance — Tabled January
28, 2010
Motion by Nelson, second by Hurtgen to approve the variance for a 700 foot setback
from property lines required for kennels and motion by Peterson, second by Hurtgen to
approve the Special Exception permit for an animal boarding facility in the Shoreland,
Floodplain in the Ag Residential District based on the following finding of fact and
conclusions of law:
1. The applicants are Richard and Kathleen "Kat" Nordby, property owners.
2. The site is located at 1394 230 Street in the NE '/ of the NE '/ of Section 29,
T30N, R16W, Town of Emerald, St. Croix County, WI.
3. The applicants filed an application for a special exception permit to operate an
animal boarding facility (kennel) and a variance to the requirement for a 700 -foot
lot line setback in the Ag Residential District to pursuant to Section 17.15(6)(f) of
the St. Croix County Zoning Ordinance.
4. Upon holding a public hearing on December 2, 2009, the BOA denied the
variance request and subsequently the special exception request. The Board
denied the variance request due to a finding that there was an absence of
unnecessary hardship. The Board denied the special exception due to denial of
variance.
5. At its regularly g scheduled meeting on December 22, 2009, the BOA heard and
voted to approve a request for reconsideration of its decision to deny the variance
and special exception permit requests based on a previous decision of a kennel
(specifically Bonnie Tennessen, BOA #SE0138) and facts presented. The request
for reconsideration was submitted by the applicants pursuant to Article VIII,
Section 6 of the St. Croix County Rules and By -Laws Governing the St. Croix
County Board of Adjustment. The BOA scheduled a hearing for reconsideration
on January 28, 2010.
6. The applicants submitted additional information in response to the concerns and
opposition expressed by two town residents. With regard to concern about noise
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from barking dogs from a neighbor whose house is — 1900 ft. from the proposed
kennel, the applicant re- stated their intention to keep boarded animals within the
house or in an insulated pole barn and limit the number of dogs outside at any one
time to two (2) that would be supervised by one of the applicants. With regard to
the question of whether or not a hardship exists, refer to Finding #12 below.
7. On January 28, 2010 the Board voted to table the reconsideration decision to
allow time for staff to research additional information regarding kennel standards
and regulations in surrounding counties in Wisconsin and Minnesota.
8. The Town of Emerald submitted a letter recommending approval of the requests
dated November 19, 2009, which was faxed to the zoning department on 12/2/09,
as well as a memo dated January 26, 2010 that reiterated the town's support of the
requests.
9. The Land and Water Conservation Department has reviewed the Kat Nordby
special exception permit and variance application and recommendations were
included in the staff report for the December 2, 2009 hearing.
10. Wisconsin Department of Natural Resources, Carrie Stoltz, DNR Water
Management Specialist, reviewed the application and her comments were
included in the staff report for the December 2, 2009 hearing.
Item #1— Variance Request — Findings and Conclusions
11. The applicant's reconsideration request submittal compared their variance request
and that of the Tennessen kennel, which was approved by the Board in 2007:
• Neither kennel facility is able to meet the ordinance requirement for being
located less than 700 feet from any lot line shared with property upon which a
dwelling mgy be located, although Tennessen's kennel was >700' from the
west and south lot lines;
• Adjacent properties are zoned Ag Residential and feature predominantly
agricultural uses, with limited low density residential development. The
closest existing dwelling from Tennessen's kennel is 1000' away, the closest
dwelling to Nordby's proposed kennel is — 480' away;
• The hardship requests were stated identically in staff reports, that literal
enforcement of the Ordinance would not allow the applicants to be able to use
their property for a permitted purpose due to the dimensions and unique
characteristics of the lot;
• Unique physical characteristics on both parcels provide physical buffers
between kennel sites and future development areas. Tennessen has a steep
bluff separating them from vacant lots to the north and a creek floodplain to
the south, as well as >700' distance to the west and south. Nordby's lot has
creek floodplain and shoreland areas —350' wide to the north and west that
buffer existing/future development and —700' distance to the south, however,
there are no buffering features toward the east;
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• A creek bisects both properties, which are within primary environmental
corridors and require waste management plans to conserve and protect
wetland, shoreland, and floodplains;
• The kennels would be secondary to the principal use of the property as the
applicants' residence.
12. As part of its December 2, 2009 denial, the Board of Adjustment found that there
was an absence of hardship demonstrated. Unnecessary hardship is defined in
Section 17.09 "where special conditions affecting a particular property, which
were not self - created, have made strict conformity with restrictions governing
areas, setbacks, frontage, height, or density unnecessarily burdensome or
unreasonable in light of the purposes of this ordinance." On March 25, 2010 the
Board reviewed the staff research, the applicant's additional evidence, and
testimony from the hearing and determined that an unnecessary hardship has been
demonstrated as a basis for changing their decision to approve the variance.
13. Granting the variance to the 700 -foot setback to lot lines would not violate the
spirit and intent of the Ordinance, the primary purpose of which is to protect
neighboring properties from negative impacts and nuisance factors such as noise,
smell, and visibility of dogs on the site. The applicants' property is screened and
buffered from existing dwellings to the northwest and west by trees and
vegetation growing in wetlands along Carr Creek and one dwelling is — 700 feet
south of the proposed kennel. Properties to the north and east currently feature
agricultural cropland. Other existing residences are greater than 1000 feet from
the applicant's site in any direction. With the conditions listed in Findings #14
below, which include additional plantings along the perimeter of the outdoor
exercise area to buffer any potential noise from the dog training activities,
negative impacts to adjacent properties and potential nuisance factors would be
minimized.
Item #2 Special Exception (kennel) Findings and Conclusions:
14. Kennels may be allowed as a special exception pursuant to Section 17.15(6)(f) of
the St. Croix County Zoning Ordinance. The applicants contend that there is a
need for additional animal boarding facilities (kennel) in the area and have
submitted letters of support from two local veterinary clinics who indicated the
demand for boarding services exceed the number of licensed facilities available.
This is the first kennel request submitted in the Town of Emerald. Written
support for the kennel was submitted by neighbors who are immediately adjacent
to the applicants' lot. With conditions to provide additional vegetative plantings
along the perimeter of the outdoor exercise area, to limit the total number of
boarded pets at any given time, to utilize sound -proof indoor animal housing, and
to supervise a maximum of two (2) dogs during outdoor training or exercise, staff
finds that the spirit and intent of requirements in Sections 17.155(6)(f) and
17.70(7)(a)3 will be met by providing an effective buffer from noise, visual,
and /or odor nuisances.
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15. In response to a request by the Board, research was conducted to compare St.
Croix County's ordinance regarding kennels to those of surrounding towns and
counties, both in Wisconsin and Minnesota. While conducting this research,
additional information was obtained regarding 2001 Wisconsin Act 16 that
requires corrections be made to finding #11 in the January 28, 2010 staff report.
Act 16 aka "the puppy mills law" was to take effect on February 1, 2004, but was
vetoed in 2003 prior to its implementation. Subsequently, 2003 Assembly Bill
536 proposed similar licensing requirements for kennels, but was not enacted.
Current legislation, entitled 2009 Wisconsin Act 90, Section 173.41 regulates
persons who sell dogs or operate animal shelters, but no longer includes the
regulation of kennels. However, the applicants' proposed boarding facility will
meet or exceed the Standards of Care described in Wis. Stats § 173.41(10). With
conditions that all dogs and /or cats boarded at the proposed facility meet state and
local licensing requirements, the request will not be contrary to public health,
safety, or general welfare as required in Section 17.70 (7)(a)2.
With the following conditions:
1. This special exception permit and variance allows the applicants to operate an
animal boarding facility (kennel) on the site as indicated in the plans submitted
and as provided in the conditions below. As part of this approval, the applicant
shall not exceed the allowable animal units (including horses, ponies, dogs, and
cats) as defined in Section 17.09 and pursuant to Section 17.15(1)(a) of the county
ordinance. This approval does not include any additional uses, structures, or
activities.
2. The applicants shall be responsible for complying with any other local, state, or
federal permit requirements, licenses, and approvals. All animals to be boarded
must have documentation of licensing and be up to date on vaccinations to
prevent the spread of disease.
3. Within 30 days of this approval, the applicants shall submit to and have approved
by the Zoning Administrator a management plan for all composted animal waste
and bedding. As part of the plan, the applicants shall agree to store all stockpiled
animal waste and bedding in a confined structure until land applied at acceptable
agronomic rates.
4. Within 30 days of this approval, the applicants shall submit to and have approved
by the Zoning Administrator a landscape plan that specifies location for native
trees and /or shrubs that will provide additional sound buffer and screen the
outdoor exercise area from adjacent properties to the west of their lot.
5. Normal hours of pick up and delivery shall be limited to 8:00 AM to 8:00 PM
Saturdays and Sundays. No dogs shall be in outside enclosures after these hours.
At such time as the applicants anticipate expansion of the boarding operations to
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weekdays, the Zoning Administrator shall be notified of the change and the hours
of pick up and delivery shall not extend beyond the hours of 8:00 AM to 8:00 PM
seven (7) days per week.
6. The applicants shall limit the total number of boarded pets at any given time to
ten (10) dogs and eight (8) cats, to utilize sound -proof indoor animal housing, and
to supervise a maximum of two (2) dogs during outdoor training or exercise.
Upon complaints of regularly occurring, excessively loud noise at any time, the
applicant shall work with the Zoning Administrator to abate the nuisance. 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 and be responsible
for any applicable fees.
7. The applicants propose a family -based business and shall have no additional
employees assisting in the operation of the kennel. Existing buildings will be
used to house the kennels and all lighting associated with the kennel 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.
8. The applicants shall be responsible for keeping the property in a neat and orderly
manner, which includes proper disposal of animal waste per Condition #3.
9. 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. Failure to comply with the conditions of this approval within the
timeframes stipulated shall be grounds for revocation and forfeiture of the
sureties. If the special exception permit is revoked, the applicant will be required
to secure a new special exception permit to continue the activities.
10. 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.
11. Any minor change or addition to the kennel 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.
12. Accepting this decision means that the applicants and all property owners have
read, understand, and agree to all conditions of this decision.
Motion carried 3 -1; Malick opposed.
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Application #3: Town of Baldwin — Special Exception
Motion by Nelson, second by Peterson to approve special exception request to construct a
new town hall in the Ag Residential District based on the following findings of fact and
conclusions of law:
1. The applicant is the Town of Baldwin, property owner, with Joseph Hurtgen,
Town Chair acting as their agent.
2. The site is located at 2399 90 Ave. in the NE % of the NE % of Section 21, T29N,
R16W, Town of Baldwin, St. Croix County, Wisconsin.
3. The Town of Baldwin is the applicant and the town clerk sent an e -mail to
document the Town Board's approval of building a new town hall at their March
4, 2010 meeting.
4. The applicant filed with the Planning and Zoning Department an application for a
special exception permit to construct a new town hall in the Ag Residential
District pursuant to Section 17.15(6)(s) of the St. Croix County Zoning
Ordinance.
5. The new proposed town hall building will be located on a 2.5 -acre lot, part of
which has served as the town hall site for over 50 years. The lot currently features
a pole building that has been used for town hall activities and a shop building with
an unpaved parking area. The proposed building will have a meeting room, office
with file room, a kitchen area, and public restrooms (2) to support town
government functions. The existing buildings will be used to house shop activities
and store town equipment, as well as continue the recycling program. Holding
tanks will be used to handle wastewater generated at the new building when
events or meetings are scheduled at the town hall.
6. This request would not violate the spirit or general intent of the St. Croix County
Zoning Ordinance in that a town hall is a reasonable and appropriate use in the Ag
Residential District, which the property is currently zoned. Its location near the
center of the town 2.5 miles east of State Highway 63 and northeast of the Village of
Baldwin continue to make it accessible to residents. The existing building that
houses the town hall and shop were established on the site as a legal use after the
property was deeded to the Town of Baldwin in 1953. According to the applicant,
the intensity and frequency of shop activities, recycling programs and town hall
functions on the site will not increase with the proposed improvements.
7. With conditions for installing erosion control measures, maintaining the current
level of off - street parking, prohibiting high- traffic activities at the site, and
implementing the storm water plan, 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. No full -time employees will work on the site.
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Traffic will be intermittent and is not expected to have a detrimental impact on the
road system.
8. With conditions for shielding light sources from adjacent properties, and planting
native trees and shrubs to screen and buffer adjacent residential property to reduce
noise and visibility, this request would not constitute a nuisance.
9. Based on seating capacity of —100 persons, a minimum 14 parking spaces are
required pursuant to Section 17.57 (7). With conditions for maintaining at least 19
striped, paved, off - street parking spaces in the parking lot with additional gravel
parking available on the site, the applicant will meet the minimum parking standards
in Chapter V of the St. Croix County Zoning Ordinance.
10. The existing driveway on 90 Ave. will be replaced with one that meets the 200 -
foot separation from the centerline of the intersection with 240 Street.
11. The proposed building will meet required road and building setbacks from 90
Avenue and the side- and rear yard setbacks specified in Sections 17.15 (4) & (5).
12. The St. Croix County Land and Water Conservation Department reviewed the
Town of Baldwin special exception permit application and finds that the
stormwater and erosion control plans are consistent with Wisconsin
Administrative Code NR 151 requirements. The department recommends the
applicant provide an operation and maintenance plan referencing the stormwater
management plan on the deed to the property.
With the following conditions:
1. This special exception permit is for the Town of Baldwin, property owner and
applicant, to construct a new town hall in the Ag Residential District as provided in
the conditions below. Approval for this special exception permit does not include
any additional structures, impervious coverage, or other activities.
2. The applicant shall be responsible for securing all necessary local, state, and
federal permits and approvals. With conditions that a holding tank servicing
contract is established for proper disposal of domestic waste and an affidavit is
recorded to assure ongoing tank maintenance, the request will meet requirements
in Section 12.7.b.2a.
3. Prior to commencing construction of the proposed building, the applicant shall
implement erosion control measures in accordance with the Wisconsin
Construction Site Handbook and recommendations made by the Land & Water
Conservation District staff. Immediately upon completing construction,
temporary ground cover shall be used until permanent vegetation has been
established.
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4. The applicant submitted a parking plan showing the number, size, design and
layout of parking stalls. The applicant shall be responsible for providing at least
19 paved, striped, off - street parking stalls, including two (2) that are handicap
accessible, plus additional gravel off - street parking that can accommodate another
22 cars on the site in accordance with the St. Croix County Zoning Ordinance.
Additional space will be available on the existing gravel parking area in the event
traffic exceeds the number of new off - street parking stalls.
5. 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 along the north property line
that includes 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. Planting
is not recommended along the south property line to maintain visibility for traffic
entering and exiting the site. 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 north stating that they do not desire the
vegetative buffer.
6. Prior to commencing construction of the proposed building, the applicant shall
submit to and have approved by the Zoning Administrator an operation and
maintenance agreement for the storm water pond. The applicant shall record an
affidavit against the property referencing the storm water pond and operation and
maintenance agreement, and submit a recorded copy of these documents to the
Zoning Administrator at this time. The intent is to make present and future Town
Board members and property owners aware of the responsibilities and limitations
associated with runoff retention areas, and to ensure that they continue to function
properly.
7. Prior to commencing construction of the proposed building, the applicant shall
submit to and have approved by the Zoning Administrator a surety in the form of
a compliance deposit in the amount of $1,100 to be held by the Zoning
Administrator until the landscaping, site stabilization, and storm water
management measures have 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.
8. The access to the new town hall shall be from a new driveway on 90 Avenue
that will meet standards contained in Section 17.60.7 for distance to the
intersection with 240 Street. The existing gravel entrance and parking areas off
240 Street will remain to allow access to the shop and recycling center.
9. No signs are approved as part of this permit. Any future signage shall comply
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with the standards and permit requirements of Section 17.65 of the St. Croix
County Ordinance.
10. All lights on the site must 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. Lights in the parking lot shall only be on during
the hours of town meetings and special events.
11. Refueling and vehicle maintenance involving fluids shall be conducted on an
impervious and properly contained surface in compliance with applicable state
and federal standards.
12. No hazardous materials other than those associated with maintenance and use of
the town vehicles and equipment shall be used on the site. Any fuel or hazardous
materials stored on the site must be stored in proper containers and conditions in
accordance with applicable state and federal standards.
13. General hours of operation for the town hall and shop shall not extend beyond
7:00 AM and 9:00 PM, with occasional extended hours for annual meetings and
other special events.
14. 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.
15. The property shall be maintained in a neat and orderly manner.
16. Within six months of completing construction of the entire project, the applicant
shall submit to the Zoning Administrator photos of all completed buildings,
parking areas, storm water pond, lights, and landscaping, and certification that
everything has been constructed as designed and as approved by the Board.
17. The applicant shall contact the Zoning Administrator to review this special
exception permit in two years from the approval date (March 2012) for
compliance with the conditions of this approval. 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.
18. Any change in ownership of the property or change in project details — including
but not limited to 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
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Ordinance.
19. The applicant shall have one (1) year from the approval of this permit to
commence construction and two (2) years from the approval to complete 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
permit.
20. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
Motion carried unanimously with Hurtgen abstaining and McAllister absent
Minutes
Motion by Peterson, second by Hurtgen to accept the January 28, 2010 minutes as
presented. Motion passed unanimously.
The meeting was adjourned by the Chair at 1:35 p.m.
Respectfully submitted,
... -✓`'
Buor
Sue Nelson, Secretary Becky Egg , Re66 ing Secretary
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