HomeMy WebLinkAboutBoard of Adjustment 01-27-11 ST. CROIX COUNTY BOARD OF ADJUSTMENT
Thursday, January 27, 2011
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: March 3, 2011
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS
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
L ADJOURNMENT
(Agenda not necessarily presented in this order.)
SUBMITTED BY: St. Croix County Planning and Zoning Department
DATE: January 3, 2011
COPIES TO: County Board Office County Clerk
Board Members News Media/Notice Board
* CANCELLATIONS /CHANGE S /ADDITIONS
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, January 27, 2011, 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: Derivative Developments/ Cedar Lake Speedway
LOCATION: NE 1 /4 of the NW 1 /4 of Section 10, T3 IN, RI 8W, Town of Star Prairie
ADDRESS: 2275 County Road CC
REQUEST: After - the -fact Special exception for filling and grading greater than 10,000 square feet in the
Shoreland District pursuant to Section 17.29(2)(d) of the St. Croix County Zoning
Ordinance.
2. APPLICANT: GB Curly's, Inc. / Christopher Kath, agent
LOCATION: SW 1 /4 of the SE 1 /4 of Section 3, T29N, R19W, Town of St. Joseph
ADDRESS: 1103 County Road A
REQUEST: Special exception for a convenience store /gasoline station in the Commercial District
pursuant to Section 17.18(9)e of the St. Croix County Zoning Ordinance.
3. APPLICANT: James and Kerry Rouleau
LOCATION: Lot 2, CSM V. 17/P. 4497 in Gov't. Lot 4 of Section 26, T30N, R19W, Town of St. Joseph
ADDRESS: 793 140' Ave.
REQUEST: After - the -Fact Special exception for filling and grading greater than 10,000 square feet in the
Shoreland District pursuant to Section 17.29(2)(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
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
January 27, 2011
The meeting was called to order by Chairperson Clarence "Buck" Malick at 8:32 a.m. A
roll call was made. Sue Nelson and David Peterson were present. Joe Hurtgen and Jerry
McAllister were absent. Staff included: Kevin Grabau, Code Administrator; David
Frodroczi, Planning and Zoning Director; Alex Blackburn, Zoning Specialist; Pam
Quinn, Zoning Specialist; Steve Olson, St. Croix County Land and Water Conservation
Department 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, March 3, 2011 at 8:30 a.m. in
the County Board Room of the Government Center in Hudson.
New Business
Application #1: Derivative Developments D.B.A. Cedar Lake Speedway — After -
the -Fact Special Exception
The applicant requested an after - the -fact special exception for filling and grading an area
exceeding 10,000 square feet for parking and event camping for the Cedar Lake
Speedway in the Commercial and Shoreland District in the Town of Star Prairie.
Staff presented the application and staff report. The Town of Star Prairie had no
comments on the filling and grading. St. Croix County Land and Water Conservation
Department reviewed the special exception and a stormwater management plan that
meets the performance standards described in NR 151 will be required. Wisconsin
Department of Natural Resources reviewed the application and requires wetland
delineation, water quality certification and a storm water permit. St. Croix County Public
Health recommended the applicant specify what type of camping they are proposing.
either `regular camping' or `special event camping' or the applicant specified it would be
`event camping'. Staff recommended approval based on 10 findings of fact and
conclusions of law with 11 conditions for consideration.
No one spoke in favor or opposition of the request.
Application #2: GB Curley's Restaurant, Inc. c/o Mark Hansen — Special Exception
The applicant requested a special exception for a convenience store /gas station in the
Commercial District in the Town of St. Joseph.
Staff presented the application and staff report. The Town of St. Joseph Town Board and
Plan Commission reviewed the application and made 15 recommendations. St. Croix
County Land and Water Conservation Department reviewed the application and had
comments for the Board's consideration. St. Croix County Highway Department
reviewed the plans, inspected the project site, and submitted comments. Wisconsin
Department of Natural Resources reviewed the application and stated there were no
mapped wetlands on the site. Ms. Stoltz stated the DNR would need more complete
plans to make a more accurate determination if a stormwater permit would be required.
Staff recommended approval based on 15 findings of fact with 15 conditions for
consideration.
Leonard Schreiber, Engineer from Cedar Corporation, signed an oath and spoke in favor
of the request. He described the engineered plans that were generated for the
construction of the site. He spoke in detail of the plans. (Exhibit 14).
Don Kadidlo, property owner in Burkhardt, signed an oath and spoke in opposition to the
request. He testified he is opposed to the second convenience store in Burkhardt. He
stated his concerns were in regards to the environment and health and welfare. He also
stated two years was too long of a period to make sure the conditions were met.
Judy Kadidlo, property owner in Burkhardt, signed an oath and spoke in opposition to the
request. She testified conditions have not been met for the applicant's application for
Willow River Saloon. She went through the conditions that were not met. She also
questioned if the soil test information was adequate. She asked the Board to consider a
condition for no outside storage at the site.
Chris Kath, property owner /applicant, signed an oath and spoke in favor of the request.
He testified in regards to the conditions of concern at the Willow River Saloon. He stated
he goes through the Town Board to get approval for events happening at the Willow
River Saloon. He said his plan is to continue using the grassy area on the proposed site
for overflow parking from events at the Willow River Saloon, but there are no events
planned on the proposed property. He stated Bob & Steve will be the tenants of the
property and he will be the owner of the land and building. He said he closed on the
purchase yesterday.
David Crosby, employee of the Co -op in Burkhardt, signed an oath and spoke in regard
to the request. He testified he has heard a lot of opposition and the residents are opposing
the idea of a new BP Convenience Store on the proposed site. He questioned if there are
unmet conditions on the property across the road, will the conditions truly be met on the
new location.
Dave Montbriand, property owner in Burkhardt, signed an oath and spoke in regard to the
request. He testified run off from the proposed property is a big issue; as he has had his
yard washed out from it.
The Board recessed for a break at 10:02 a.m.
The Board reconvened at 10:18 a.m.
Application #3: James & Kerry Rouleau — After - the -Face Special Exception
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 Bass Lake
in the Town of St. Joseph.
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Staff presented the application and staff report. Town of St. Joseph's Plan Commission
voted to recommend to the Town Board approval of the application with conditions. St.
Croix County Land and Water Conservation Department reviewed the application and
recommended conditions to maintain native vegetation between the proposed buildings
and Bass Lake. They also recommended the applicant maintain the perimeter erosion
control until the site is fully re- vegetated. The Department also recommended the
applicant not use phosphorus based fertilizer for vegetation establishment or maintenance
unless a soil test of the site justifies. Wisconsin Department of Natural Resources
reviewed the application and recommended the applicants apply for a grading permit for
the future second home at this time and the Department will extend their permit to a five
year period. Staff recommended approval based on nine findings of fact with 13
conditions for the Board's consideration.
Matt Hieb, Ac /A Consulting, signed an oath and spoke in favor of the request. He
testified they would be comfortable for construction to begin at one year for the first
residence and four years for the second residence. He was available for any questions.
Tom Spaniol, Commissioner of the Bass Lake Rehabilitation District, signed an oath and
spoke in regard to the request. He testified he was not speaking for or against the project.
He spoke about the Bass Lake Rehabilitation District's goals and purpose. He said he
thought the proposed property should be attached to the Bass Lake Rehabilitation
District.
James Rouleau, property owner, signed an oath and spoke in favor of the request. He
stated he purchased the property in 2005 and he was well aware the property was not
attached to the Bass Lake Rehabilitation District. He stated his concerns about being part
of the Bass Lake Rehabilitation District.
Minutes
Motion by Peterson, second by Nelson to approve the December 2, 2010 minutes as
amended.
Motion carried unanimously.
The Board recessed for lunch and site visits at 11:15 a.m.
The Board reconvened at 12:30 p.m.
Decisions
After reviewing the material in the record, the Board rendered the following decisions:
Application #1: Derivative Developments D.B.A. Cedar Lake Speedway — After -
the -Fact Special Exception
Motion by Peterson, second by Nelson to table the after - the -fact special exception for
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filling and grading an area exceeding 10,000 square feet for parking and event camping
for Cedar Lake Speedway in the Commercial and Shoreland Districts until the Board
receives a wetland delineation and storm water management plan.
Motion carried unanimously.
Application #3: James & Kerry Rouleau — After - the -Face Special Exception
Motion by Nelson, second by Peterson to approve 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 Bass Lake based on the following findings of fact and conclusions
of law:
1. The applicants are James and Kerry Rouleau, property owners.
2. The site is located on Lot 2, CSM V. 17/P. 4497 in Gov't. Lot 4 of Section 26,
T30N, R19W, Town of St. Joseph, 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 Bass Lake for construction of a driveway,
an accessory structure, a pond, and a proposed cabin with a POWTS pursuant to
Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. The proposed
filling and grading activities for the entire project encompass an area of
approximately 118,000 square feet on slopes ranging from less than 12 to 24.9
percent
4. The applicants obtained a driveway permit from the Town of St. Joseph and a
building permit for the existing 6,750 sq. ft. accessory structure. The structure
and the pond were constructed at different times in an area on the parcel that is
greater than 300' to Bass Lake's OHWM. The applicant thought that if filling
and grading for each separate project was less than 10,000 sq. ft. in area, no land
use permit would be required, however land disturbance is cumulative for any
given parcel.
5. The Town of St. Joseph Plan Commission reviewed the application and voted to
recommend to the Town Board approval of the Special Exception Application for
James and Kerry Rouleau, 793 140 New Richmond, for filling and grading of
10,000 sq ft on shoreline of Bass Lake as presented, to include the recognition and
installation of only one home closest to 140 and with the following condition: if
they wish to install a 2nd home, they will be required to subdivide the property.
6. The St. Croix County Land and Water Conservation Department made the
following comments regarding the application: The proposed grading and erosion
control plans are adequate for the site. The LWCD recommends a condition that
native vegetation is maintained between the proposed buildings and Bass Lake.
This native vegetation is a key component to the stormwater management plan.
The native vegetation traps sediments and allows for greater infiltration of
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stormwater runoff In addition, the LWCD recommends the applicant maintain
the perimeter erosion control until the site is fully re- vegetated. The maintenance
of the perimeter erosion control is very important in this location due to the steep
slopes draining to Bass Lake. The LWCD does not recommend the use of a
phosphorous based fertilizer for vegetation establishment or maintenance unless a
soil test of site recommends otherwise.
7. The Wisconsin Department of Natural Resources Water Management Specialist
and Run -off Management Specialist were sent the application for review. An
after - the -fact general grading and stormwater pond permit was issued on January
5, 2011. With a condition that the applicants comply with activities required in
the DNR permit, the request will be consistent with purposes stated in Section
17.26(3)7 for preserving shore cover and natural beauty of areas surrounding Bass
Lake.
8. The primary public purposes of the slope restrictions in the Shoreland District are
to further the maintenance of safe and healthful conditions through limiting
development to those areas where soil conditions and geologic conditions will
provide a safe foundation and to prevent and control water pollution. The
applicants have submitted stormwater management and erosion control plans
designed to protect steep slopes, provide infiltration of runoff, and minimize
erosion and sedimentation. With conditions for implementation of the erosion
control and stormwater management plans, for recording an affidavit referencing
the storm water management plan and an operation and maintenance agreement
for the storm water features, this request will not violate the spirit or intent of the
St. Croix County Zoning Ordinance and will meet the requirements in Sections
17.70(7)(a) and 17.70(b) of the Ordinance regarding potential negative impacts to
the water quality of Bass Lake.
9. The site is located in the Shoreland Overlay District of Bass Lake and is within a
primary environmental corridor as identified by the St. Croix County
Development Management Plan 2000 -2020. With conditions for implementing
and maintaining proper erosion control measures before, during and after land
disturbance; limiting the use of phosphorous fertilizers on the site; and
maintaining and 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 and controlling erosion and sedimentation from
development, 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 disturb an
area not to exceed 119,000 square feet ( -2.73 acres) on slopes ranging from less
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than 12 to 24.9 percent in the Shoreland District of Bass Lake for construction of
a driveway, an accessory structure, a pond, and one proposed dwelling with a
POWTS 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.
2. Any aggrieved or interested party may request a reconsideration of this decision
based upon Section 6 of St. Croix County Board of Adjustment Rules and By-
Laws. The request for reconsideration must be in writing and submitted with new
written evidence so that it can be filed with the Secretary at least 15 days prior to
the next regularly scheduled Board of Adjustment meeting date.
3. Prior to commencing filling and grading, the applicants shall secure and comply
with any other required local, state, or federal permits and approvals, including
but not limited to the DNR grading and stormwater pond permit.
4. Prior to commencing construction, the applicants shall submit to the Zoning
Administrator a surety in the form of a cash compliance deposit in an amount of
$1,100 to be held by the Planning and Zoning Department until the project has
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.
5. Prior to commencing construction or excavation, the applicants shall schedule an
on -site pre - construction meeting that includes the property owners, excavator, St.
Croix County Planning and Zoning, and Land & Water Conservation Department
staff members. Items to be discussed include but are not limited to coordinating
installation of erosion control measures, excavation timelines, and compliance
with all other pre - construction conditions.
6. Prior to commencing construction, the applicants shall install erosion control
measures in accordance with the approved plans. During construction, the
smallest amount of bare ground shall be exposed for as short a time as possible.
The applicants shall maintain silt fence or other approved sediment control
measures required until self - sustaining, permanent groundcover is successfully
established on all disturbed areas of the site. Phosphorous fertilizers shall not be
used to establish and maintain vegetation on the disturbed area of the site, unless a
soil test confirms that phosphorous is needed.
7. Within 30 days of this approval, the applicants shall submit to and have approved
by the Zoning Administrator a vegetation management plan featuring native
vegetation and identifying the species and densities of plant species to be planted
on disturbed areas, as well as a long -term maintenance agreement to ensure that
all vegetation establishes successfully and is managed properly to protect
sensitive wildlife habitat within the primary environmental corridor and
Shoreland District, filter storm water runoff from the site, and stabilize and
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protect the restored slopes to prevent any future erosion and sedimentation
problems.
8. Within 30 days of substantially completing the house construction and POWTS
installation, the applicants shall record an affidavit referencing this decision and
the long -term stormwater maintenance agreement against the property, and
provide a recorded copy of the affidavit and all referenced documents to the
Zoning Administrator at this time. The intent is to make present and future owners
aware of the responsibilities and limitations associated with this decision.
9. Within 30 days of substantially completing construction, the applicants shall
submit documentation to the Zoning Administrator in the form of photos that the
project has been completed as approved.
10. 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.
11. The applicants shall have six (6) months from the date of this approval to
commence construction on the project and two (2) years 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 construction
commences, the applicants will be required to secure a new special exception
permit before starting. The applicants may request extensions of up to six months
not to exceed a total of one year from the Zoning Administrator prior to the
expiration of the permit in the event that additional time is needed to secure other
required permits and approvals.
12. 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.
13. Accepting this decision means that the applicants have read, understand, and
agree to all conditions of this decision.
Motion carried unanimously.
Application #2: GB Curley's Restaurant, Inc. c/o Mark Hansen — Special Exception
Motion by Malick, second by Peterson to table the request for a special exception for a
convenience store /gas station in the Commerical District to allow the applicant more time
to provide a stormwater discharge permit issued by the Wisconsin Department of Natural
Resources and comments from the St. Croix County Land and Water Conservation
Department after reviewing the stormwater management plans and calculations.
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Motion carried unanimously.
The meeting was adjourned by the Chair at 12:54 p.m.
Respectfully submitted,
Buck Malick, Chairman Becky Eggen, Recording Secretary
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