HomeMy WebLinkAboutBoard of Adjustment 01-25-07 PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, January 25, 2007 at
8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following
requests under the St. Croix County Zoning Ordinance. The Board will view each site in question, after which
the Board will deliberate and vote on the requests.
SPECIAL EXCEPTIONS
1. APPLICANTS: Hsiao, Al
LOCATION: SW 1 /4 of the NE 1 /4 of Section 25, T29N, R19W, Town of Hudson
ADDRESS: 875A Highlander Trail
REQUEST: Special exception request for filling and grading in the Shoreland District pursuant to
Section 17.29(2)(d) of the St. Croix County Zoning Ordinance.
2. APPLICANTS: Kath, Christopher/Willow River Saloon
LOCATION: SW ' / 4 of the SE' /4 of Section 3, T29N, R19W, Town of St. Joseph
ADDRESS: 1106 County Road A
REQUEST: Special exception request to construct an addition to an existing bar /restaurant in the
Commercial District pursuant to Section 17.18(1)(a) of the St. Croix County Zoning
Ordinance.
3. APPLICANTS: Hartwick, James/Kuryakyn Holdings
LOCATION: NE' /4 of the NE' /4 of Section 5, T30N, R19W, Town of Somerset
ADDRESS: 500 County Road VV
REQUEST: Special exception request to operate a storage facility for bulk dry goods in the
Commercial District pursuant to Section 17.18(1)(a) 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) 3864680.
Clarence W. Malick, Chairperson
St. Croix County Board of Adjustment
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
January 25, 2007
The meeting was called to order by Chairperson Buck Malick at 8:30 a.m. A roll call
was made. Chairperson Buck Malick, Charles Struemke, Linda Luckey, and Jan Zoerb
were present. Sue Nelson was excused. Staff included: Jenny Shillcox, Zoning
Specialist; David Fodroczi, Planning and Zoning Director; Kevin Grabau, Interim Code
Administrator; Steve Olson, Land and Water Conservation Department; and Becky
Eggen, Recorder.
Staff confirmed to the Board that this was a properly noticed meeting and hearing.
The next meeting for the Board is scheduled for February 23 2007 at 8:30 a.m. in
Room 1281 of the Government Center in Hudson.
The hearing was opened by Chairperson Malick. Testimony was taken and recorded by
Patti A. Meyer, court reporter from Q & A Court Reporters.
Application #1: Albert Hsaio — Special Exception
The applicant requests a special exception permit for grading and filling an area
exceeding 10,000 square feet in the Shoreland District of two unnamed ponds in order to
extend an existing driveway and construct a single - family residence.
Staff presented the application and the staff report. The Town of Hudson met on
February 1, 2007 for this request. The Land and Water Conservation Department
reviewed the plans and fgynd the storm water management and erosion control plans to
be adequate and consistent with NR -341 standards. It was recommended that the
applicant record an operation and maintenance plan for the storm water basins against the
property, and that the applicant maintain the double row silt fence around the
construction site until self - sustaining vegetation is established on all disturbed areas. The
Wisconsin Department of Natural Resources verified that the project must meet the
standards applicable to priority navigable waters in NR 341, and that the applicant will
need a Chapter 30 permit and NR 216 permit from the Department of Natural Resources
for the filling and grading done for the existing driveway and for the proposed future
filling and grading for the remainder of the driveway and for the residence. The applicant
had already applied for these permits. Based on the findings of fact and conclusions of
law, staff recommended approval of this request with conditions.
Mark Erickson, President of Landsted Homes, signed an oath and spoke in favor of the
request. The developers of Indigo Ponds were originally going to divide Lot 53 into three
lots, but the topography would not allow creation of new roads to meet the Town or
County road standards; therefore Mr. Hsaio was able to purchase the entire piece of
property. When Hsaio purchased the land in 2005 there were no restrictions on the deed
for future use on the land.
1
Steve West, Landsted Homes, signed an oath and spoke in favor of the request. The
permit for the driveway was issued by the Town of Hudson in September of 2005. No
vegetation will be disturbed within 85 feet of the ponds. Zappa Brothers Excavating is
the excavator for the infiltration ponds. No soil evaluation tests have been done at this
point. It is believed that a conventional sanitary system will be put in place. The
Wisconsin Department of Natural Resources inquired about swinging the driveway to the
south more; however, the south has slopes greater than 25% and would not meet County
standards.
Albert Hsiao, signed an oath and spoke in favor of the request. He was available for any
questions.
No one testified in opposition.
Application # 2: Christopher Kath/Willow River Saloon
Postponed.
Application #3: James Hartwick/Kuryakyn Holdings — Special Exception Request
The applicant requested a special exception permit to operate a storage facility in the
Commercial District in the Town of Somerset.
Staff presented the application and the staff report. Staff informed the Board that Marian
Sinclair's attorney called to clarify the fact that Sinclair Real Estate, LLP dissolved upon
the death of George Sinclair. This change has not been recorded with the Register of
Deeds yet, but the attorney wanted the record to accurately reflect that Marian Sinclair is
the current owner of the parcel. She signed the special exception permit application.
James Hartwick plans to purchase the parcel from Marian Sinclair and rent the facilities
to Kuryakyn Holdings for cold storage. The Town of Somerset recommended approval of
the request. The St. Croix Land and Water Conservation Department reviewed the storm
water management plan and found that the majority of the storm water from the site
drains to the north to a natural closed depression on site, which provides for adequate
storm water control. St. Croix Highway Department had no concerns with the request.
Based on the findings of fact and conclusions of law, staff recommended approval of this
request with conditions.
James Hartwick, General Manager of Kuryakyn Holdings, signed an oath and spoke in
favor of the request. The storage facility would be used for dry storage for overstock
items for up to three months. There would be no expansion on the site. The lot will be
paved to bring the site up to the County standards. The sanitary system had been
inspected and the holding tank on the site is not part of the sanitary system. There are no
contaminants in the ground from the holding tank. The accessory structure on the site has
the water and septic. The property will be gated off when no one is on site. No employees
will be on site everyday.
2
T f
No one testified in opposition.
Riverside Ministries — Request for Reconsideration
Pastor William Hieb submitted a packet requesting reconsideration on Condition #6 of
the Board's decision dated December 28, 2006 in order to construct a sign within a
private road easement.
No one was present to testify in favor or in opposition.
The Board recessed for a short break at 9:18 a.m. while staff contacted Pastor Hieb to
find out if he was planning on appearing before the Board.
The Board reconvened at 9:30 a.m. Staff informed the Board that Pastor Hieb would be
unable to attend, but that he encouraged the Board to approve the request so that he
would have an opportunity to address them directly at the public hearing.
The Board recessed for site visits and lunch at 9:35 a.m.
The Board reconvened at 12:20 p.m.
DECISIONS
After hearing the testimony and reviewing the material in the record, the Board rendered
the following decisions:
Riverside Ministries — Request for Reconsideration
Motion by Struemke, second by Malick to approve the request for reconsideration of
Condition #6 regarding the sign location that was stated in the Board of Adjustment's
decision on December 28, 2006; the Board denied the request based on the following
findings:
1. A request for reconsideration is not the appropriate procedure for what the
applicant is proposing. The Board of Adjustment has determined that this request
requires a variance and cannot be decided as a reconsideration to a special
exception decision.
2. The Certified Survey Map submitted by the applicant identifies the frontage road
as a "private road" constructed to the County's road standards in effect in 1989.
3. According to the Roadway Easement Agreement submitted by the applicant,
Volume 850, Page 511, the private roadway easement grants access to four lots.
4. The private roadway provides public rights -of -way to the lots it serves.
5. Section 17.60 of the St. Croix County Zoning Ordinance establishes setbacks for
structures along public roads and rights -of -way. Section 17.60(5) refers to a 10-
foot setback for signs as stipulated in Section 17.65 of the Ordinance.
The following vote was taken to approve: Zoerb, no; Struemke, yes; Luckey, no;
Chairperson Malick, no. Nelson not present. Motion denied on a 3 -1 vote.
3
Application #1: Albert Hsaio — Special Exception
Motion by Zoerb, second by Struemke to approve the application as recommended by
staff based on the following findings:
1. The applicant is Albert Hsaio, property owner, 875A Highlander Trail, Hudson,
WI, with Steve West, Landsted Homes, acting as the agent.
2. The site is located on Lot 53 of the Indigo Ponds Subdivision at the SW '/ of the
NE 1 / of Section 25, T29N, R19W, Town of Hudson, St. Croix County,
Wisconsin.
3. The applicant filed an application with the Planning and Zoning Department for a
special exception permit for filling and grading an area exceeding 10,000 square
feet in the Shoreland District of two unnamed ponds pursuant to Section
17.29(2)(d) of the St. Croix County Zoning Ordinance.
4. The existing driveway was constructed with a driveway permit issued from the
Town of Hudson in 2005 prior to amendments to the St. Croix County Ordinance
that restricted filling and grading on slopes over 25 percent in the Shoreland
District, which took effect on September 1, 2006. All remaining filling and
grading activities proposed as part of this project are within 300 feet of the
OHWM of two unnamed ponds on slopes less than 20 percent.
5. The proposed residence meets all required setbacks and height requirements, and
no filling and grading or tree removal will occur within the OHWM setback area
of the ponds.
6. With conditions for implementing erosion control measures, submitting and
implementing a revised storm water management plan, and protecting the existing
level of native tree and shrub cover on steep slopes and within the OHWM
setback area, the spirit and intent of the Ordinance would be met, as well as all
requirements of Sections 17.70(7)(a) and 17.70(b) of the St. Croix County Zoning
Ordinance. Potential negative impacts to the ponds and adjacent public land will
be minimized.
7. The Town of Hudson Town Board has not yet submitted a recommendation on
this request.
8. The St. Croix County Land and Water Conservation Department finds the storm
water management and erosion control plans to be adequate for the building site
and all portions of the driveway that drain to the building site and adjacent ponds,
and consistent with NR 341 standards. The Department recommends that the
applicant record an operation and maintenance plan for the storm water basins and
maintain the double row of silt fence around the construction site until self -
sustaining vegetation is established on all disturbed areas.
4
9. The Wisconsin Department of Natural Resources has verified that the project
must meet the standards applicable to priority navigable waters in NR 151, and
that the applicant will need Chapter 30 and NR 216 permits for the filling and
grading done for the existing driveway and for the proposed future filling and
grading for the remainder of the driveway and residence.
With the following conditions:
1. This special exception permit allows the applicant to disturb an area exceeding
10,000 square feet on slopes less than 20 percent in the Shoreland District of two
unnamed ponds to extend an existing driveway and establish a building site for a
single - family residence in accordance with the plans submitted on December 1,
2006, and as provided in the conditions below. Approval for this special exception
permit does not include any additional grading and filling, tree removal,
structures, or other development activities.
2. The Town of Hudson may request a reconsideration based on new information
from the Town Board meeting no later than fifteen days prior to the next Board of
Adjustment meeting.
3. Prior to commencing any work, the applicant shall secure a building permit from
the Town of Hudson and obtain any other required local, state, or federal permits
and approvals, including but not limited to a County sanitary permit and the
Chapter 30 and NR 216 permits from the Wisconsin Department of Natural
Resources.
4. Prior to commencing any work, the applicant must submit to the Zoning
Administrator a surety in the form of a compliance deposit in good funds in the
amount of $5,000 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 any work, the applicant 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 applicant shall establish permanent groundcover on all disturbed areas
immediately upon completing construction. 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.
6. Prior to commencing any work, the applicant shall install construction fencing or
another suitable barrier around the grading limits that are not already surrounded by
a double row of silt fence to protect existing trees from damage during construction.
The applicant shall also be responsible for the long -term maintenance of the existing
5
level of native trees, shrubs and groundcover located on slopes more than 20 percent
and/or within 75 feet of the OHWM of the ponds and adjacent to the US and Fish
and Wildlife property to the south in order to:
• substantially screen the residence from the ponds and public lands,
• preserve sensitive wildlife habitat within the shoreline setback area and
along public lands, and
• stabilize and protect the steep slopes to avoid long -term erosion and
sedimentation problems.
7. Prior to commencing any work, the applicant must schedule an on -site pre -
construction meeting that includes the landowner, contractor, registered landscape
architect and St. Croix County Planning and Zoning and Land and Water
Conservation Department staff members. Items to be discussed include but are
not limited to coordinating installation of erosion control and tree protection
measures, construction timelines, compliance with all other pre - construction
conditions, and roles and responsibilities of the owner, engineer /architect, and
contractor.
8. Within 30 days of substantially completing construction, the applicant shall
record an affidavit referencing this decision, the storm water management plan,
and an operation and maintenance agreement for the storm water basins 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 applicant shall
submit to the Zoning Administrator photos of the site and certification from the
project engineer or registered landscape architect 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 and
the Land and Water Conservation Department 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.
11. The applicant shall have one (1) year from the date of this approval to commence
construction 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 applicant
will be required to secure a new special exception permit before starting or
completing the project.
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
6
citizens or degrade the natural resources of St. Croix County. Conditions will not
be amended or added without notice to the applicant and an opportunity for a
hearing.
13. Accepting this decision means that the applicants have read, understand, and
agree to all conditions of this decision.
Motion carried unanimously.
Application #3: James Hartwick/Kuryakyn Holdings — Special Exception Request
Motion by Zoerb, second by Struemke to approve the application as recommended by
staff based on the following findings:
1. The applicants are Marian Sinclear, current property owner, and James Hartwick,
future property owner.
2. The site is located at 500 County Highway VV in the NE '/ of the NE '/ of
Section 5, T30N, R19W, Town of Somerset, St. Croix County, Wisconsin.
3. The applicant filed with the Planning and Zoning Department an application for a
special exception permit to operate a storage facility for bulk dry goods in the
Commercial District pursuant to Section 17.18(1) of the St. Croix County Zoning
Ordinance.
4. The proposed bulk storage facility does not violate the spirit and intent of the St.
Croix County Zoning Ordinance or the Commercial District, which the property is
currently zoned. The proposed use will be compatible with existing adjoining
residential since it will feature minimal traffic and activity occurring on the site
during normal week -day hours, less than during the site's previous use as a bus
garage. The site is substantially screened from residential properties and Highway
VV with existing vegetation. The proposed use will also be compatible with
existing commercial businesses and will provide needed storage space for another
business, Kuryakyn Holdings, LLC, located in the same commercially zoned
corridor along Highway VV.
5. With conditions for monitoring storm water runoff, providing paved parking and
driving surfaces, and maintaining and enhancing the current level of vegetative
screening 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 since negative impacts will be mitigated.
Traffic to the site will be minimal and is not expected to have a detrimental
impact on the surrounding area.
6. With conditions for shielding light sources so as not to produce glare onto
adjacent properties and limiting noise on the site, this request would not constitute
a nuisance by reason of noise, dust, smoke, odor, or other similar factors. The
proposed use will be storage of bulk dry goods. No manufacturing, sales, or other
7
activities will occur on site, with no loud noises, dust, smoke, or odor being
produced.
7. The standards have been met to grant the special exception permit for the
proposed storage facility pursuant to Section 17.18(1)(a -f) of the St. Croix County
Zoning Ordinance.
8. The applicant currently has sufficient parking to accommodate the storage
facilities pursuant to Section 17.57 of the St. Croix County Zoning Ordinance.
9. No signage or additional lighting is proposed for the site.
10. The Town of Somerset has recommended approval of this request.
11. The St. Croix County Land and Water Conservation Department finds that storm
water runoff will be adequately controlled on site.
12. The St. Croix County Highway Department does not have any concerns with this
request.
With the following conditions:
1. This special exception permit is for the applicant to operate a storage facility for
bulk dry goods in the Commercial District as indicated in the plans submitted on
December 4, 2006 and as provided in the conditions below. Approval for this
special exception permit does not include any additional tenants, uses, structures, or
other activities.
2. Prior to commencing use of the site for storage as proposed, the applicant shall be
responsible for securing all necessary local, state, and federal permits and
approvals, including but not limited to any required permits or licenses from the
Wisconsin Department of Commerce. Since the forms submitted with the
application suggest that a new sanitary treatment tank is needed, documentation that
the existing sanitary system is adequate for the proposed use shall be submitted to
the County sanitary staff.
3. Prior to commencing use of the site for storage as proposed, the applicant shall
submit to and have approved by the Zoning Administrator the following items:
• A landscaping plan showing additional vegetative screening in the small area
along the northwest corner of the principal storage garage and parking lot. The
plan should include the species, size, and location of all trees and shrubs to be
planted, as well as a timeline for the plantings and a maintenance agreement to
ensure that all vegetation establishes successfully and that all existing
vegetation is maintained at its current level long -term.
• A surety in the form of a compliance deposit in good funds in the amount of
$5,000 to be held by the Zoning Administrator until the paving and landscaping
8
have been completed and approved to be in compliance with the conditions of
this permit (see the timeline listed in Condition #11 below) and all applicable
provisions of the Ordinance, at which time the deposit will be refunded in full.
• A maintenance and monitoring agreement to ensure that the closed depression
on the site is maintained for storm water infiltration purposes. At this same
time, the applicant shall record an affidavit against the property referencing this
agreement along with a site plan showing the location of the closed depression,
and submit a recorded copy of these documents to the Zoning Administrator.
The intent is to make present and future owners aware of the responsibilities
and limitations associated with the infiltration area, and to ensure that the closed
depression is regularly monitored so that it functions properly.
4. Within 30 days of substantially completing the landscaping and paving, the
applicant shall submit to the Zoning Administrator photos of the site and
certification from the project designer that the completed paving and landscaping
have been installed as approved.
5. All lights on the site and on buildings 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.
6. Regular hours of operation shall not extend beyond 8:00 AM — 5:00 PM.
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. All buildings and property shall be maintained in a neat and orderly manner, with
no outside storage or storage of hazardous materials.
9. The applicant shall contact the Zoning Administrator to review this special
exception permit in two years from the approval date (January 2009) for
compliance with the conditions of this approval. 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.
10. Any change in ownership, management, or tenants shall require prior notification to
the Zoning Administrator. 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 additional tenants, structures, signs, lights, tree removal, or lot/access
changes — shall require prior review and approval by the Zoning Administrator to
9
' M
ensure that all Ordinance requirements are met. The Zoning Administrator
may determine that a special exception approval is necessary.
11. The applicant shall have one (1) year from the approval of this special
exception permit to commence use of the site for storage as proposed and to
substantially complete the landscaping and paving. Failure to do so shall result
in expiration of the special exception permit. If the special exception permit
expires within this timeframe, the applicant will be required to secure a new
special exception permit.
12. Accepting this decision means that the applicant, all property owners, and all
tenants have read, understand, and agree to all conditions of this decision.
Motion carried unanimously.
Minutes
Motion by Struemke, second by Luckey to approve the December 28, 2006 minutes
as edited. Motion carried unanimously.
Revision to Board of Adiustment By -Laws
Staff revised Article VI, Section 3 — Order of Hearing in the BOA By -Laws. The
Board also discussed Article III, Section 3 — Order of Business. Motion by
Struemke, second by Zoerb to adopt the changes.
Motion carried unanimously.
Announcements and Correspondence
The Board members discussed the February meeting because no applications were
received for public hearing. The Board will meet on Friday February 23, 2007 for a
work session to revise By -Laws. Motion by Struemke, second by Malick to adjourn
the meeting at 4:47 p.m.
Respectfully submitted,
(_-5 U'.- �' D "�"" cw-&A.P'n
Sue Nelson, Secretary Beck YE", Recording Secretary
10