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HomeMy WebLinkAboutBoard of Adjustment 12-02-10 I ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, December 2, 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: December 30, 2010 E. UNFINISHED BUSINESS 1. Town of Troy— After - the -fact Variance —Tabled 9/23/10 & 10/28/10 2. Ryan Stewart/Lindsay Dalton — After- the -fact Special Exception — Tabled 10/28/10 F. PUBLIC HEARINGS 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: November 22, 2010 COPIES TO: County Board Office County Clerk Board Members News Media/Notice Board *CANCELLATIONS /CHANGES /ADDITIONS I BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES December 2, 2010 The meeting was called to order by Chairperson Clarence "Buck" Malick at 8:31 a.m. A roll call was made. Jerry McAllister, Joe Hurtgen, Sue Nelson and David Peterson were present. 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, January 27, 2011 at 8:30 a.m. in the County Board Room of the Government Center in Hudson. Unfinished Business: Town of Troy — After - the -Fact Variance — Tabled 9 -23 -2010 & 10 -28 -10 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 that was tabled at the September 23, 2010 and October 28, 2010 meeting with the Board requesting more information. Staff presented a revised staff report. Staff offered 13 findings of fact and conclusions of law with 12 conditions if the Board made the necessary findings to support the variance request. Brian Schwab, Town of Troy Supervisor #2, signed an oath and spoke in favor of the request. He stated the Town feels they have done everything they can do to meet the requirements. He said they have plans to have a vegetative screening around the privacy fence but have those plans on hold until the decision is final from the Board of Adjustment. He stated the cost is the main issue with moving the building. He said they gained approximately 100 to 110 feet of visibility when they knocked down the knoll in the road. He said the Town has had talks with reducing the speed limit on the road. He noted there is a Town employee at the site during the open hours of operation. He stated they are having issues with after -hour use. Doug Grant signed an oath and spoke in opposition to the request. He stated the Town does not keep the site clean. He stated the ditches around the site are currently full with garbage. He felt the recycling center would suit the Town better if it was located at the maintenance shop. Marvin Nelson signed an oath and spoke in opposition to the request. He stated garbage from the site flies around. He said the citizens of the township get punished when they do not get the correct permits so the Town shouldn't be any different. Mrs. Lunney signed an oath and spoke in opposition to the request. She stated there is no protective fence on the property. She asked to have the building moved off -site and moved next to the town hall. Ryan Stewart & Lindsay Dalton — After - the -Fact Special Exception — Tabled 10 -28 -10 The applicants requested an after - the -fact special exception for filling and grading an area exceeding 10,000 square feet in the Ag- Residential and Shoreland District of Twin Lakes, in the Town of Warren. Staff presented a revised staff report and recommended approval of the request based on nine findings of fact and conclusions of law with 10 conditions for the Board's consideration. No one testified in favor or opposition. The Board recessed for a break at 9:24 a.m. The Board reconvened at 9:37 a.m. Minutes Motion by Peterson, second by Hurtgen to approve the October 28, 2010 minutes as submitted. Motion carried unanimously. Decisions After reviewing the material in the record, the Board rendered the following decisions: Ryan Stewart & Lindsay Dalton — After - the -Fact Special Exception — Tabled 10 -28 -10 Motion by Malick, second by Nelson to approve the after - the -fact special exception for filling and grading an area exceeding 10,000 square feet in the Ag- Residential District of Twin Lakes, in the Town of Warren based on the following findings of fact and conclusions of law: 1. The applicants are Ryan Stewart and Lindsay Dalton, property owners. 2. The site is located on Lot 1, CSM Vol. 24/Page 5622 in part of the NW 1 /4 of the NE' /4 and in SW '/4 of the NE 1 /4, Section 29, T29N, R18W, Town of Warren, St. Croix County, Wisconsin. 3. The applicants filed an application with the Board of Adjustment for an after -the- fact special exception permit for filling and grading an area exceeding 10,000 square feet in the Shoreland District of Twin Lakes pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. 4. The application for an after - the -fact special exception permit was made in response to an order contained in a Notice of Violation letter, dated November 17, 2009, which specifically addressed filling and grading in the Shoreland overlay district without a zoning permit (Exhibit 7 from September 23, 2010 staff report). 2 At the applicant's request, the Dept. of Natural Resources scheduled a determination of the Ordinary High Water Mark (OHWM) for Spring of 2010 to make certain that their property was within the Shoreland overlay district. The zoning violation was placed on temporary hold until the DNR could confirm that a wetland to the east of the applicants' lot was within 1000' of their land disturbance and an after - the -fact special exception would need to be obtained. 5. The applicants obtained a building permit and driveway from the Town of Warren prior to construction. 6. The Town Board recommended approval of the after - the -fact filling and grading greater than 10,000 sq. ft. 7. The St. Croix County Land and Water Conservation Department was not able to review and comment on the applicant's stormwater management and erosion control plans. With conditions to address these two items to the satisfaction of LWCD and comply with Sections 17.12(7) and 17.29(2)(d), the request will prevent and control water pollution including sedimentation. 8. Wisconsin DNR completed delineation for the Ordinary High Water Mark (OHWM) of a pond located on the east side of 107 Street and determined that the applicant's property was within 1000 ft. of the OHWM. Most of the filling and grading occurred greater than 300' from the OHWM and does not require a DNR grading permit. 9. The site is located in the Ag Residential and Shoreland Overlay Districts of Twin Lakes and is within a primary environmental corridor as identified by the St. Croix County Development Management Plan 2000 -2020. With conditions for maintaining permanent vegetation with limited use of phosphorous fertilizers on the site and maintaining or enhancing the current level of native groundcover on the site — particularly on steep slopes - this request will be consistent with the goals and objectives of the St. Croix County Development Management Plan 2000 -2020 aimed at protecting slopes, identifying and protecting environmental corridors, and guiding development to locations and conditions that minimize adverse impacts to natural resources. With the following conditions: 1. This after - the -fact special exception permit allows the applicants to complete permanent stabilization of disturbed areas on slopes ranging from less than 12 to 24.9 percent in the Shoreland District of Twin Lakes in accordance with the plans submitted, and as provided in the conditions below. Approval for this special exception permit does not include any additional grading and filling, tree removal, structures, uses, or other development activities. 3 2. The applicants shall secure any other required local, state, or federal permits and approvals and provide a copy to the Zoning Administrator. 3. Within 30 days from the Board's decision, the applicants will submit a plan for stormwater management and erosion control for review and approval by the Land & Water Conservation Department. Within six (6) months from the date of approval, the applicant shall implement the stormwater and erosion control measures contained in the approved plans. 4. The applicants shall stabilize any areas of disturbance that are subject to erosion and enhance the current level of native groundcover on the site. Phosphorous fertilizers shall not be used to establish and maintain a lawn on the disturbed area of the site, unless a soil test confirms that phosphorous is needed. 5. Within 30 days of substantially completing permanent stabilization and erosion control measures, the applicants shall submit documentation to the Zoning Administrator in the form of photos that the project has been completed as approved. 6. Any minor change or addition to the project, including but not limited to design of the project, shall require review and approval by the Zoning Administrator prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the variance approval process. 7. The applicants shall have six (6) months from the date of this approval to commence permanent stabilization and one (1) year from the date of this approval to complete it. Failure to do so shall result in expiration of the special exception permit. If the special exception permit expires before the project commences, the applicants will be required to secure a new special exception permit before starting. 8. These conditions may be amended or additional conditions may be added if unanticipated circumstances arise that would affect the health and /or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without proper notice to the applicant and an opportunity for a hearing. 9. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. Motion carried unanimously. Town of Troy — After - the -Fact Variance Motion by McAllister, second by Malick to table the request until the March 3, 2011 meeting to allow staff time to discuss the proposed conditions with the applicant. 4 Motion carried unanimously. Motion by McAllister, second by Nelson to go into closed session pursuant to Wisconsin Statutes 19.851(1)(g) to confer with legal counsel concerning strategy to be adopted by the Board with respect to litigation in which it is involved at 11:16 a.m. Motion carried unanimously. Motion by Peterson, second by Nelson to come out of closed session at 11:30 a.m. Motion carried unanimously. The meeting was adjourned by the Chair at 11:33 a.m. Respectfully submitted, Sue Nelson, Secretary Becky Eggen, Recording Secretary 5