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HomeMy WebLinkAboutBoard of Adjustment 07-26-07 r ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, July 26, 2007 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 MEETING: August 23, 2007 E. UNFINISHED BUSINESS 1. LaCasse Development Special Exception Request, Tabled May 24, 2007 (Postponed) 2. Silverman Variance, Tabled May 24, 2007 F. PUBLIC HEARINGS - See Public Notice (Attached) G NEW BUSINESS 1. Election of Officers 2. Micabren Acres Special Exception Permit Revocation 3. Legal Update 4. Board of Adjustment Amended Rules and By -Laws - Distributed H. ANNOUNCEMENTS AND CORRESPONDENCE I. ADJOURNMENT (Agenda not necessarily presented in this order.) SUBMITTED BY: St. Croix County Planning and Zoning Department DATE: July 19, 2007 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, July 26, 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: Orr, Leon LOCATION: NE' /4 of the NW '/4 and the NW' /4 of the NE' /4 of Section 14, T3 1N, R1 8W, and the SE' /4 of the SW %4 and SW' /4 of the SE' /4 of Section 11, T3 1N, RI 8W, Town of Star Prairie ADDRESS: 220' Avenue REQUEST: Special exception request for filling and grading an area exceeding 10,000 square feet in the Shoreland District of the Apple River pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. 2. APPLICANTS: Feyereisen, Arthur and Marilyn and Heartland Montessori School, Inc. LOCATION: SW' /4 of the SE' /4 of Section 8, T28N, R19W, Town of Troy ADDRESS: 420 Townsvalley Road REQUEST: Special exception request for an institutional use in the Ag Residential District pursuant to Section 17.15(6)(s) of the St. Croix County Zoning Ordinance. 3. APPLICANTS: Bentley, Charles and Verizon Wireless LOCATION: NW' /4 of the NW' /4 of Section 30, T28N, R16W, Town of Eau Galle ADDRESS: 183 Hwy 63 REQUEST: Special exception request by Verizon Wireless to construct a new wireless communications transmission facility in the Ag Residential District pursuant to Section 17.85(2)(b)2. of the St. Croix County Zoning Ordinance. 4. APPLICANTS: Cowell & Virgina Rivard Family Trust LOCATION: NE' /4 of the SE' /4 and SE' /4 of the NE'/ of Section 12, T30N, R20W, Town of Somerset ADDRESS: 302 Old Scout Camp Road REQUEST: Special exception permit renewal for an existing nonmetallic mining operation in the Ag Residential District pursuant to Section 17.15(6)(g) of the St. Croix County Zoning Ordinance, and subject to the standards in Chapter 14, the St. Croix County Nonmetallic Mining Ordinance. 5. APPLICANTS: Beard, John & Debra LOCATION: W' /4 of the NE' /4 of Section 1, T29N, R17W, Town of Hammond ADDRESS: 1191 207 Street REQUEST: Special exception request for filling and grading an area exceeding 10,000 square feet in the Shoreland District of Pine Lake 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 n' BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES July 26, 2007 The meeting was called to order by Chairperson Buck Malick at 8:35 a.m. A roll call was made. Chairperson Buck Malick, Sue Nelson, Chuck Struemke, and Jerry McAllister were present. Linda Luckey was absent and excused. Staff included: Jenny Shillcox, Zoning Specialist; David Fodroczi, Planning and Zoning Director; Kevin Grabau, Code Administrator; Steve Olson, Land and Water Conservation Department and Becky Eggen, Recorder. Staff confirmed to the Board that this was a properly advertised meeting. The next meeting for the Board is scheduled for Thursday, August 23, 2007 at 8:30 a.m. in the County Board Room 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. Unfinished Business: Suzanne Silverman — Variance On May 24, 2007, the Board of Adjustment tabled the applicant's request for variances to construct additions onto an existing nonconforming structure on two contiguous substandard lots in the Shoreland District of Bass Lake in the Town of St. Joseph. Staff presented the application and the staff report. The Town of St. Joseph reviewed the revised plans and recommended approval of the variance requests. St. Croix Land and Water Conservation Department reviewed the revised plans and did not change their May 8, 2007 comments to the Board recommending that the applicant provide a 35 -foot vegetative buffer along the OHWM, provide additional storm water measures to capture runoff from all impervious coverage on the site, provide screening of the proposed residence and existing garage, install and maintain silt fencing around the disturbed area until self - sustaining vegetation is established, and record an operation and maintenance agreement for the additional storm water management measures against the property. It was noted from the site visit to the applicant's property on July 3, 2007, that the driveway acts as a conveyance for storm water runoff from 143` Avenue, with storm water collecting at the south end of the parking area. It was recommended that this issue be accounted for in the design of the rain garden for the site, which the Land and Water Conservation Department has been working on as part of the shoreline restoration project. The Wisconsin Department of Natural Resources reviewed the revised plans and recommended the storm water measures account for all impervious coverage on the site to address water quality issues, and the revised plans are a closer fit to the intent of the Ordinance than the first submittal. Chapter 30 and NR 216 permits are not required for this project. A building review subcommittee appointed by the Bass Lake Rehabilitation District Commissioners reviewed the revised plans and recommended the applicant work with the Land and Water Conservation Department to include a rain garden, and native vegetation and tree planting as part of its shoreline restoration project. They also had no objections to the building plan and variance request from the road setback provided all applicable zoning rules and regulations are observed. Bob Silverman, spouse of Suzanne Silverman, signed an oath and spoke in favor of the request. The new proposed addition is smaller and farther away from the road than the previous plans; when looking at the topography to the south of the property all runoff from the road runs to the wetland on the south side of the property. Approximately 90 square feet of the black top will be removed to help with the amount of run -off created. Run -off from the driveway very rarely, if ever, runs into the lake due to the slopes away from the lake. Construction of the addition would take place this fall at the very earliest. The color of the cabin will be toned down to a natural color. No one testified in opposition. Application #1 Leon Orr — Special Exception The applicant requested a special exception permit for filling and grading an area exceeding 10,000 square feet in the Shoreland District of the Apple River in the Ag Residential District in the Town of Star Prairie. The applicants plan to construct a town road, trail, and storm water infiltration ponds for a proposed 9 -lot major land division, Eagles View, on 40 acres adjacent to the Apple River. Staff presented the application and the staff report. The Town of Star Prairie recommended approval of the special exception request. St. Croix County Land and Water Conservation Department reviewed the plans and recommended that the applicant reevaluate the erosion control materials proposed in the ditch adjacent to the trail to meet DOT Pal specifications, that a single row of silt fence be used along the paved portion of the trail instead of double row to minimize disturbance, and to provide storm water calculations for the entire project, including the trail. St. Croix County Highway Department reviewed the plans as part of the land division review process and also reviewed the revised plans submitted to the Planning and Zoning Department on June 26, 2007, and restated their recommendations to eliminate the curb and gutter along the east edge of the proposed road, provide a 3:1 backslope behind the curb, and maintain 13 feet between the centerline of the road and the face of the curb. The Wisconsin Department of Natural Resources reviewed the plans and verified that a Chapter NR 216 storm water permit will be required, as well as a Chapter 30 permit for all wet storm water ponds within 500 feet of the OHWM of the Apple River. Doug Zahler, engineer from Auth Consulting, signed an oath and spoke in favor to the request. Doug brought in an aerial photo to better depict the plans. There are plans to upgrade the road to a Town road. The trail could be used for walking and /or biking. The trail will allow the homeowners to gain access to the Apple River. The size of the trail will not allow for any vehicles accessing it, but would like ATV's to be able to use the trail. The entire trail will not be blacktop. The covenant of the land division will address maintenance of the trail. Each lot will need a Land Use Permit from the County at minimum. Each individual lot will have to take into consideration storm water at the time of applying for a permit. The plat will show easements to the storm water ponds. 2 Their plans are to help protect the bluff by putting in curb and gutter to prevent sloping and more filling and grading. No one testified in opposition. Application # 2 Arthur and Marilyn Feveresisen — Special Exception The applicants requested a special exception permit to operate the Heartland Montessori School in the Ag Residential District in the Town of Troy. Heartland Montessori School, Inc. is a private, non - profit school that is licensed by the Wisconsin Department of Public Instruction and accredited by the Association Montessori Internationale (AMI). Staff presented the application and the staff report. The Town of Troy was sent a copy of the application and placed the matter on the agenda for its August 2 nd 2007, Planning Commission meeting and August 9, 2007, Town Board meeting. St. Croix County Land and Water Conservation Department reviewed the application and recommended that any newly created impervious coverage on the site shall at a minimum meet NR 151 standards for storm water runoff management, and that the applicants obtain verification that the existing sanitary system is adequate for the proposed use. Jocelyn Richardt signed an oath and spoke in favor of the request. Jocelyn had five new letters from adjoining property owners on Omaha Road that were in support of the school use of the property. It was brought to her attention that there is a conservation easement on the property to conserve the land. Heartland Montessori School, Inc. values the preservation of nature. She feels they will meet the true intent of the conservation easement. The easement may preclude the campus from the Town of Hudson from ever moving to the site. The Commercial District, where the school is currently located, has Heartland Montessori running at a loss. Scott Feyereisen, the proposed property's closet neighbor, signed an oath and spoke in favor to the request. Both of his children attend the Heartland Montessori School. He was unaware of the conservation easement. He feels that the land is not feasible to keep as farmland. Heartland Montessori will maintain open space values. Scott Deetz, neighbor on Omaha Road, signed an oath and spoke in favor to the request. He believes that the Montessori school will be a very positive experience and at a great location. The school will benefit the community by providing more diversity of learning/teaching in the Hudson area. The school will allow parents to have educational choices. Maureen Skidmore, teacher of Heartland Montessori at the Hudson campus, spoke in favor of the request. She also lives in the neighborhood of the proposed property. She feels that nature is a beauty and to be able to have young children experience nature is a real asset. Cheryl Skillings signed an oath and spoke in opposition of the request. She owns a lot in Artison Meadows. She does not think a school is appropriate in a rural setting. Her 3 house is currently for sale and she does not feel that it will sell knowing that there will be a school in the area. She has nothing against Heartland Montessori Schools, but does not agree with the proposed location. Gary Valley, adjoining property owner to the south, signed an oath and spoke in opposition to the request. Gary strongly opposes the institutional use in the middle of single- family homes. He feels there will be noise and security issues along with lowering the adjoining property values. Schools always have events and the parking will become an issue when those events take place. He feels that there is other land in St. Croix County that would be a better fit for the school rather than being in a single family home in a residential neighborhood. The Board recessed for a break at 10:35 a.m. The Board reconvened at 10:46 a.m. Application # 3 — Charles Bentley/Verizon Wireless — Special Exception The applicants requested a special exception permit to construct a new wireless communications facility on a 31 -acre parcel owned by Charles Bentley in the Ag Residential District in the Town of Eau Galle. Staff presented the application and staff report. The Town Board of Eau Galle met on the request on July 9, 2007. According to the applicants, the Town had no objection to the plans. The Town had faxed a copy of a letter stating no objection. (Exhibit 7). The Wisconsin Department of Transportation Airspace Manager verified that the proposed tower will have no effect on air navigation. The Transportation Planner recommended that all access to the proposed facility be via 20 Avenue consistent with Authorization for Access for the Bentley property, which restricts use of the access from State Highway 63 for single- family residential use only. Jake Soper, Verizon Wireless, signed an oath and spoke in favor of the request. The proposal meets all County requirements. Radius of a single tower all depends on the number of users and the topography. No one testified in opposition. Application # 4 — Lowell & Virginia Rivard Trust & The Kraemer Company, LLC Special Exception Permit Renewal The applicants requested to renew a special exception permit to continue operating an existing mine in the Town of Somerset. The mine is situated on two parcels totaling 80 acres. Both parcels are owned by the Lowell and Virginia Rivard Family Trust and zoned Ag Residential. The Kraemer Company, LLC, currently operates a quarry on the parcels under a special exception permit that was approved by the Board of Adjustment on September 26, 2002. 4 Staff presented the application and staff report. The Town of Somerset recommended approval of this request and also recommended that the start time remain the same at 7:00 a.m. and that the six -month notification prior to permit expiration as required by Condition #2 of the 2002 special exception permit be at the discretion of the County. St. Croix County Land and Water Conservation Department reviewed the application but did not submit any comments for the Board's consideration pending a revised reclamation plan to be submitted by the applicants. The Wisconsin Department of Natural Resources was sent a copy of the application for review but did not submit comments for the Board's consideration. The applicants have a Chapter NR 216 Storm Water Discharge WPDES Permit. The National Park Service reviewed the application and recommended that the bluff be planted with native vegetation to screen the disturbed area and protect the scenic viewshed of the St. Croix National Scenic Riverway; the erosion control installation be improved and made available to appropriate agencies for continued inspection to ensure that runoff from the mining operations is not entering the St. Croix River; and noise mitigation measures be taken to address complaints from neighbors about disagreeable noise levels from aggregate processing. Benny Stenner, Kraemer Company, signed an oath and spoke in favor of the request. Benny would like the start time of the permit to be changed from 7 a.m. to 6 a.m. since the type of work is seasonal and it would be more convenient to start when temperatures are cooler. Back -up alarms are required on anything working down in the quarry to protect the employees of the quarry. They are trying out new alarms that have a different sound that carries shorter distances to help with the noise complaints. To satisfy the MSHA requirements the back up alarms are required to be at least 105 decibels. The quarry is currently using a standard fueling plan. They have an emergency spill blanket on the premises. The quarry is internally drained. They will be working with staff on the financial assurance to come up with a dollar amount, landscaping plan, and rezoning the scale house. Currently there are 32 unreclaimed acres. They are at a point now to start creating new berms and establishing more permanent vegetation. The move into stage two of the quarry will be gradual and an ongoing process. Mike Rivard, Rivard Stone, signed an oath and spoke in favor to the request. He fully supports the renewal of the special exception permit and the extended hours. He feels that you need to take advantage of the day light hours. The extended hours would allow contractors to get to their job sites earlier. The restraint from the Town on the hours was due to the back -up alarms. Kelly Davis, a neighbor, signed an oath and spoke in opposition to the request. Mr. Davis has lived about a quarter mile away from the quarry since 1980. The noise from the crushers and back -up beepers are very disturbing in a rural area. Problems with the noise began the summer of 2005 when the Kraemer Company took over the mining operation. There was a significant increase in noise during the Highway 35/64 construction. He feels that his property will not sell due to all the beepers and noise. Mark Hoffinan, a neighbor, signed an oath and spoke in opposition to the request. His biggest concern is the noise and explosives being used. His house and ground move 5 when they are using their explosives. He feels the Kraemer Company, LLC. is in a bad location in the Riverway District. You can see the mounds of dirt from the St. Croix River. Mr. Hoffman would like to see the Board limit the impact of the quarry for the neighbors and the river. He would also like to see the hours limited. He does not support the earlier start time. Mr. Hoffman wants having conditions to have new alarms on all the equipment, lowering the mounds that you can see from the river, and moving into the other phases of quarrying to move the mining away from the river bluff. Mr. Hoffinan does not feel that there is a 100 foot buffer from the mining operation and the bluff line. Bob Whaley, Chief Ranger of the National Park Service, did not sign the oath but spoke of some concerns with the request. There are concerns with the visual aspects and the possible runoff. There is substantial amount of runoff from the 64/35 highway but not entering into the river. Stock piles can be seen from the River. He is not aware of any noise complaints. Jean Hoffmann, a neighbor, signed an oath and spoke in opposition to the request. She indicated that neighbors have expressed their concerns at the Town meetings. Application # 5 John & Debra Beard — Special Exception The applicants requested a special exception permit for grading and filling an area exceeding 10,000 square feet in the Shoreland District of Pine Lake in order to construct a single - family dwelling and two accessory structures, and to install a driveway and sanitary system. Staff presented the application and staff report. The Town of Hammond recommended approval of the request. Land and Water Conservation Department reviewed the plans and found the storm water management and erosion control plans to be adequate for the site. They recommended that the applicants record an operation and maintenance plan for the storm water measures against the property, maintain silt fence around the construction site until self - sustaining vegetation is established on all disturbed areas, and maintain a 35 -foot vegetative buffer adjacent to the OHWM of the lake. The Wisconsin Department of Natural Resources reviewed the application and verified that the project does not require a permit under Wisconsin Administrative Code NR 341 and is exempt from Chapter 30 permit requirements. They concurred with staff s comments to the applicants that vegetation removal is kept to a minimum, particularly around the shoreline of Pine Lake, and that guest houses are not allowed per the St. Croix County Zoning Ordinance. Troy Nemmers, Humphrey Engineering, signed an oath and spoke in favor of the request. The septic field will be west of the garage with approximately 2,500 to 3,000 square feet for filling and grading. Kevin McCoshen, Symmetry Homes, signed an oath and spoke in favor of the request. Both owners are hobbyists. One of the accessory structures is going to be a studio for art work and model trains. This is one of the Beard's properties and considered their cabin. 6 No one testified in opposition. Micabren Acres Motion by McAllister, second by Nelson to add Micabren Acres to the August Agenda for possible revocation. Motion carried unanimously. The Board recessed for lunch and site visits at 1:10 p.m. The Board reconvened on Friday, July 27, 2007 at 8:35 a.m. Chairperson Buck Malick, Sue Nelson, Chuck Struemke, and Jerry McAllister were present. Linda Luckey was absent and excused. Staff included: Jenny Shillcox, Zoning Specialist; Kevin Grabau, Code Administrator; and Steve Olson, Land and Water Conservation Department. Election of Officers Shillcox presided during the election of the chair. Motion by Nelson to nominate Buck Malick as Chairperson, second by McAllister. Motion carried unanimously. Chairman Malick presided during the remainder of the elections. Motion by Nelson to nominate Linda Luckey as Vice Chairperson, second by Struemke. Motion carried unanimously. Motion by Struemke to nominate Sue Nelson as Secretary, second by McAllister. Motion carried unanimously. Minutes Motion by Struemke to approve the June 28, 2007 minutes, second by McAllister. Motion carried unanimously. Decisions After hearing the testimony and reviewing the material in the record, the Board rendered the following decisions: Application # 2 Arthur and Marilyn Feveresisen — Special Exception Motion by Struemke, second by McAllister, to approve the special exception permit to operate the Heartland Montessori School in the Ag Residential District in the Town of Troy based on the following findings of fact and conclusions of law: 1. The applicants are Arthur and Marilyn Feyereisen, property owners, and Heartland Montessori School, Inc., renters. 2. The site is located at 420 Townsvalley Road in the SW '/ of the SE '/ of Section 8, T2 8N, R19W, Town of Troy, St. Croix County, Wisconsin. 7 3. The site is located within the Ag Residential District. 4. The applicants filed with the Board of Adjustment an application for a special exception permit to operate an institutional use, the Heartland Montessori School, in the Ag Residential District to pursuant to Section 17.15(6)(s) of the St. Croix County Zoning Ordinance. 5. Heartland Montessori School, Inc. is a private, non - profit school that is licensed by the Wisconsin Department of Public Instruction and accredited by the Association Montessori Internationale (AMI). It has served area residents for the past 12 years and currently has campuses in Hudson and River Falls. Heartland Montessori School, Inc. will lease the proposed site from the property owners and is seeking approval to move the Hudson campus to the site for the 2007 -2008 school year. Potential long -term plans may be to move the River Falls campus to the site within the next five years. 6. This request would not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that the proposed school is a reasonable and appropriate use in this location and is an allowed use in the Ag Residential District. The school buildings and playground areas will be situated on a 24.7 -acre parcel and screened from adjacent properties. The residential appearance of the site will be retained, and the existing buildings and facilities on the site are well suited for the proposed use with minimal improvements. The site is accessible, and use of it for school programs is compatible with surrounding large -lot single - family residential development. The parcel features land with the potential for prairie restoration and a farmstead that will be protected and enhanced with the development of a trail system and a curriculum that teaches students respect for nature, environmental responsibility, and farming - related skills. 7. With conditions for providing adequate off - street parking, establishing procedures for the safe drop -off and pick -up of students, improving the driveway access along the north property line, managing storm water on the site, maintaining the open space qualities of the site, and providing adequate screening and buffering of outdoor play areas, 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. General weekday classes and programs will be held during regular working hours, traffic will be minimal, and special events will be held on an occasional basis with little anticipated impact to adjacent properties. The closest residence is located 221 feet from the proposed outdoor playground area and is owned by the current property owners' son, Scott Feyereisen, who plans to purchase the property in the future. 8. With conditions limiting lighting, general hours of operation, and the frequency of special events, this request would not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors. 8 9. The proposed school meets several goals and objectives of the St. Croix County Development Management Plan 2000 -2020 by protecting and enhancing natural beauty and providing quality educational opportunities. 10. The existing circular driveway and proposed drop -off and pick -up queue are sufficient to meet the off - street parking requirements for enrollment of up to 25 students based on the applicants' estimates and pursuant to Section 17.57(15) of the Ordinance. With conditions requiring prior administrative review and approval of parking plans if the undeveloped parcel to the north is developed and a shared driveway is put in, staff can ensure that sufficient off - street parking is provided long- term. 11. The driveway access along the north property line does not appear to meet the minimum standards pursuant to Section 17.60(7) of the St. Croix County Zoning Ordinance. With conditions ensuring that the driveway access meets the minimum standards and is clearly identifiable as an entrance, potential traffic safety problems will be minimized. 12. The Town of Troy has been sent a copy of the application and has placed the matter on the agenda for its August 2, 2007 Planning Commission meeting and August 9, 2007 Town Board meeting. In a letter to staff dated July 25, 2007, the Town Chair indicated that "An earlier conservation easement signed by Art and Marilyn Feyereisen when subdividing their land would legally preclude this property from being used for the purpose of a school. " This Board expresses no opinion on whether or not the conservation easement affects this application. 13. The St. Croix County Land and Water Conservation Department recommends that any newly created impervious coverage on the site shall at minimum meet NR 151 standards for storm water runoff management, and that the applicants obtain verification that the existing sanitary system is adequate for the proposed use. 14. Nearby property owners have written and spoken at the hearing both in favor and in opposition of the proposed school. With the following conditions: 1. This special exception permit is for the Heartland Montessori School, Inc., to operate a school in the Ag Residential District for up to 25 students and staff from the existing Hudson campus as indicated in the plans, and as provided in the conditions below. Approval for this special exception permit does not include any programs, structures, or other activities not shown or indicated in the plans. 2. The Town of Troy 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. 9 3. Prior to commencing use of the site as school, the applicants shall secure all necessary local, state, and federal permits and approvals, including but not limited to verification from the County Planning and Zoning Department that the existing sanitary system is sufficient for the proposed use. 4. Prior to commencing use of the site as a school, the Town of Troy shall provide written evidence satisfactory to the St. Croix County Corporation Counsel that the conservation easement between Arthur and Marilyn Feyereisen and the Town of Troy does not preclude the proposed use. 5. Prior to commencing use of the site as a school, the driveway access along the north property line shall be improved to meet the minimum standards per Section 17.60(7) of the St. Croix County Zoning Ordinance and shall be clearly identifiable as an entrance. 6. The applicants shall be responsible for maintaining adequate off - street parking along the existing circular driveway through the use of a queue drop -off and pick -up schedule or other appropriate means. Open lawn areas within the circular driveway and in front of the dwelling shall be maintained for overflow parking during special events. The applicants shall be responsible for contacting the Zoning Administrator if the undeveloped parcel to the north is developed and a shared driveway is put in, or any other improvements or additions are made to the site to ensure that adequate parking is provided long -term. The applicant shall ensure that parking along the circular driveway is done in a manner that does not deter emergency vehicles from accessing the site. 7. All signage on the site must adhere to the standards and permit requirements in the St. Croix County Sign Ordinance. 8. All additional lights on the site and on buildings must be downward directed and shielded away from neighboring properties to prevent glare at height not to exceed the lowest eaves. 9. General hours of operation shall not extend beyond 7:30 AM — 6:00 PM with occasional extended hours for special events. 10. The open space beyond the yard shall remain undeveloped, except for the proposed trail system, and shall be preserved and enhanced in a natural state consistent with its purposes for providing open space for the Sunset Valley Subdivision and the goals and objectives for protecting natural features in the St. Croix County Development Management Plan 2000 — 2020. The trails shall remain in a natural state and not be improved with any impervious surface. 11. The property shall be maintained in a neat and orderly manner. 10 12. Upon complaints of regularly occurring loud noise, traffic safety problems, or off - street parking, the applicants shall work with the Zoning Administrator to address the problems. In the event that the matter cannot be resolved administratively, it shall be taken before the Board of Adjustment at a public hearing. Existing conditions may be amended or additional conditions may be added by the Board of Adjustment to address these issues or any other unanticipated circumstances that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. 13. Any change in ownership of the property or buildings, use of the property or buildings, or expansions — including but not limited to additions to the principal dwelling, new construction, or increase in enrollment above 25 students - shall require prior review and approval by the Board of Adjustment at a public hearing. 14. The applicants shall have one (1) year from the issuance of the special exception permit to commence use of the site as a school. 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. 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. 15. 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. The Board recessed at 10:15 a.m. The Board reconvened at 10:23 a.m. Unfinished Business: Suzanne Silverman — Variance Motion by Struemke, second by Nelson to approve the variances to construct additions onto an existing nonconforming principal structure on two contiguous substandard lots in the Shoreland District of Bass Lake in the Town of St. Joseph based on the following findings of fact and conclusions of law: 1. The applicant is Suzanne Silverman, property owner. 2. The site is located in part of Government Lot 8, Section 23, T30N, R19W, Town of St. Joseph, St. Croix County, WI. 3. Single- family dwellings are permitted uses in the Ag Residential and Shoreland Districts, subject to all applicable setbacks. 4. The filling and grading required for constructing the proposed addition and 11 installing the sanitary system would encompass a total area of less than 10,000 square feet on slopes ranging from 12 — 20 percent, which is allowed in the Shoreland District with a land use permit. The applicant has submitted an addendum for a land use permit to meet this requirement. 5. The elevation of the ground extending 15 feet from the footprint of the addition and the proposed retaining wall to hold fill in place will be at least one foot above the regional flood elevation, and the bottom floor of the addition will be at least two feet above it to meet the requirements of the Floodplain District. 6. Bass Lake is one of only two lakes in the West Central Region of Wisconsin that has been designated as Outstanding Resource Waters. The applicant's property is adjacent to Sensitive Area #3 as identified in the Wisconsin Department of Natural Resources Report titled Designation of Sensitive Areas, Bass Lake, St. Croix County, and based on a Sensitive Area Study conducted on October 6, 2003. According to the report, this area provides critical habitat for the milfoil weevil, upland wildlife, songbirds, amphibians, turtles, and snakes. The applicants' shoreline currently features rip rap, a sand beach, and mowed grass, all of which are identified in the report as being detrimental to water quality and wildlife habitat. Adding to the existing nonconforming structure on the site could negatively impact water quality and increase the visibility of the structure from the lake, which is not consistent with the purpose of the Shoreland District. 7. The primary public interests protected by the Shoreland District are the beauty, quality, and ecology of navigable waters of the state. With conditions for reestablishing native shoreline vegetation including trees and shrubs consistent with the recommendations for Sensitive Area #3, providing additional native vegetative screening for the existing structure and proposed addition, implementing erosion control measures, reducing impervious coverage, and infiltrating storm water runoff from all impervious coverage on the site, the property would meet the purpose and intent of the Shoreland District and negative impacts to Bass Lake would be mitigated. Locating the proposed addition closer to 143 Avenue rather than closer to the OHWM setback and floodplain would reduce the amount of mitigation required and potentially have fewer negative environmental impacts on the lake. 8. The Town of St. Joseph Town Board recommends approval of the variance requests. 9. The St. Croix County Land and Water Conservation Department reviewed the revised plans and recommends that the applicant provide a 35 -foot vegetative buffer along the OHWM, provide additional storm water measures to capture runoff from all impervious coverage on the site, provide screening of the proposed residence and existing garage, install and maintain silt fencing around the disturbed area until self - sustaining vegetation is established, and record an operation and maintenance agreement for the additional storm water management 12 measures against the property. Additionally, during a site visit to the applicant's property on July 3, 2007, the Land and Water Conservation observed that the driveway acts as a conveyance for storm water runoff from 143 Avenue with storm water and sediments collecting at the south end of the parking area, and recommends that this issue be accounted for in the design of the rain garden for the site as part of the shoreline restoration project. 10. The Wisconsin Department of Natural Resources has reviewed the revised plans and recommends that the storm water measures account for all impervious coverage on the site to address water quality issues, and finds the revised plans to be a closer fit to the intent of the Ordinance than the first submittal. The Department verified that Chapter 30 and NR 216 permits are not required for this project. 11. A building review subcommittee appointed by the Commissioners of the Bass Lake Rehabilitation District has reviewed the revised plans and recommends that the applicant work with the Land and Water Conservation Department to include a rain garden and native vegetation and tree planting as part of its shoreline restoration project. The subcommittee also reiterated the Commissioners' resolution dated April 2, 2007 stating that they have no objections to the building plan and variance request from the road setback provided all applicable zoning rules and regulations are observed. 12. Property owners of lots taking access from 143 Avenue, which is a privately - maintained road, testified at the hearing in support of the variance requests. Item #1 Findings and Conclusions The Board makes the following findings of fact and conclusions of law pertinent to Item #1, the variance request to construct an addition that encroaches within the road setback of 143 Avenue: 13. The applicant filed an application with the Board of Adjustment for a variance to construct an addition onto an existing nonconforming principal structure that encroaches within the road setback of a private road in the Ag Residential and Shoreland districts pursuant to Section 17.60 6.a. of the St. Croix County Zoning Ordinance. 14. The proposed addition will be located 32.5 feet from the private road easement for 143' Avenue at its closest point, an encroachment of 17.5 feet within the County's 50 -foot required road setback. The addition will encroach less than the existing principal structure. At its closest point, the addition will be located 23 feet from the edge of the gravel road surface of 143 Avenue, which is not confined to the center of the easement area but encroaches onto the applicant's property. The addition would meet all other setbacks and dimensional standards in the Ordinance, including the setback from the OHWM of Bass Lake and the elevation requirements in the Floodplain District. 13 15. The primary public purpose of road setbacks is to protect the health, safety, and welfare of property owners and citizens traveling on roads in the County. The portion of 143 Avenue adjacent to the applicant's lot is a privately owned, dead - end, low speed, narrow gravel road with minimal traffic that provides public rights of access to six residential lots along the western shore of Bass Lake. Staff is not aware of any plans to improve the road to town standards in the future. The slope between the road surface and the proposed addition is estimated at 12 — 20 percent, which could create a potential traffic safety hazard. With conditions to maintain and enhance the current level of vegetation between the principal structure and the road surface as a buffer, the safety hazard would be minimized. 16. The adjoining lot to the north features a 3,200 square foot nonconforming principal structure and 144 square foot shed located four feet from the edge of the easement and 14 feet from the gravel road surface, which is closer than the addition proposed by the applicants. Both structures were approved by variance by the Board of Adjustment on October 28, 1999 based on findings of a hardship due to unique physical limitations of the property that resulted in overlapping road and OHWM setbacks that made the property "unbuildable" and "would deny the applicant reasonable use of the property. " The current property owner has submitted comments in support of granting this variance. 17. When determining whether an unnecessary hardship exists, the Board of Adjustment must identify unique physical characteristics of the property that would otherwise prohibit the applicant from using the property for a permitted purpose, and then weigh the burden placed on the applicant in meeting the requirements of the Ordinance against the public interests being protected. Literal enforcement of the Ordinance would result in an unnecessary hardship as summarized below: • The applicant has a single - family dwelling and is using the property for a permitted purpose. • The applicant wishes to increase the size of the dwelling in a manner that is consistent with other existing development in the area and that will minimize the amount of filling and grading within the floodplain and OHWM setback area to protect Bass Lake from negative impacts. • The applicant requests a variance to construct a 600 square foot addition outside of the OHWM setback area and partially within the road setback area. The addition would be 32.5 feet from the road easement and 23 feet from the gravel road surface at the closest point, and at the furthest point 48 feet from the road easement and 36 feet from the gravel road surface. • Unique physical characteristics of the property limit the compliant building area to approximately 450 square feet. Due to its configuration and topography, the majority of the property falls within the OHWM setback and road setback. • The proposed addition would occupy the majority of the 450- square foot compliant building area, with a small corner located within the floodplain. Building further within the floodplain would not require a variance 14 provided all setbacks would be met, but would require a special exception permit for the amount of fill needed to meet regional elevation requirements, as well as extensive mitigation to offset the negative impacts to Bass Lake. • The scope of the proposed addition would constitute minimal relief from the standards in the Ordinance and, with the conditions proposed, would protect the public interests served by the road setback and by the shoreland and floodplain regulations. Less than half of the proposed addition falls within the road setback area. Item #2 Findings and Conclusions The Board makes the following findings of fact and conclusions of law pertinent to Item #2, the variance request to alter the roofline of a nonconforming principal structure: 18. The applicant filed an application with the Board of Adjustment for a variance to alter the roofline of an existing nonconforming principal structure within the OHWM setback area and Shoreland District of Bass Lake pursuant to Section 17.31(2) of the St. Croix County Zoning Ordinance. 19. The existing legal nonconforming principal structure encroaches approximately 25 feet within the OHWM setback of Bass Lake. The proposed alteration would not change the pitch of the roof and would increase the height of the roofline by six inches, but is needed for the purpose of installing insulation, providing structural support, and to match the design of the proposed addition outside of the OHWM setback area. 20. The Ordinance does not address the horizontal or vertical expansion of legal nonconforming structures located within the OHWM setback area, nor does it address the alteration of nonconforming structures; therefore, all proposed construction must meet the setback requirements. This is a literal enforcement of the Ordinance that would result in an unnecessary hardship since the alterations will not make the structure any more visible from Bass Lake or result in further structural encroachment into the setback. 21. The proposed roof alteration would constitute minimal relief from the provisions of the Ordinance. With the following conditions: 1. These variances allow the applicant to construct a 600 - square foot addition on an existing nonconforming principal structure in the Shoreland District that would encroach 17.5 feet within the road setback of 143 Avenue and to alter the roof on the existing nonconforming structure in accordance with the plans submitted on June 27, 2007 and July 2, 2007, and as provided in the conditions below. This approval does not include any additional structures, impervious coverage, filling and grading, or other activities. 15 2. Prior to commencing construction, the applicant shall secure all necessary permits and approvals from the Town of St. Joseph and obtain any other required local, state, or federal permits and approvals, including but not limited to a County land use permit for the filling and grading activities. 3. Prior to commencing construction, the applicant shall install a double row of silt fence or a single row of reinforced silt fence as recommended by the Land and Water Conservation Department. During construction, the smallest amount of bare ground shall be exposed for as short a time as possible. The applicant shall maintain the silt fence until permanent, self - sustaining vegetation is successfully established on all disturbed areas. The applicant shall not use phosphorous fertilizers to establish and maintain a lawn on the disturbed area of the site, unless a soil test confirms that phosphorous is needed. 4. Prior to commencing construction, the applicant shall submit to and have approved by the Zoning Administrator the following items: • A shoreline restoration plan including native trees, shrubs, and groundcover within the 35 foot shoreline buffer area of the OHWM to substantially screen all existing structures and the proposed addition as viewed from the shoreline; provide wildlife habitat consistent with the recommendations for Sensitive Area #3 as identified in the Wisconsin Department of Natural Resources Report titled Designation of Sensitive Areas, Bass Lake, St. Croix County; and provide filtration of storm water runoff and nutrients before entering the lake. The plan must include rain gardens as needed to retain and infiltrate storm water runoff from all impervious coverage and road drainage on the site. • A landscaping plan featuring native shrubs between the proposed addition and 143` Avenue to provide a safety buffer for vehicles traveling on the road. • An operation and maintenance agreement for the shoreline restoration area and vegetative road buffer with a timeline for planting and watering to ensure that all vegetation establishes successfully and is maintained long - term; as well as an operation and maintenance agreement for all rain gardens and any other storm water management measures to maintain long -term retention and infiltration. 5. Within 60 days of this approval, the applicants shall complete and record a Certified Survey Map to combine the two substandard lots into one lot consistent with Section 17.27(3) of the St. Croix County Zoning Ordinance. 6. Within 60 days of substantially completing construction of the addition, the applicant shall record an affidavit against the property referencing the shoreline restoration plan, landscaping plan for the vegetative road buffer, and the operation and maintenance agreements for the vegetation and rain gardens. The applicant shall submit a recorded copy of the affidavit to the Zoning Administrator at this time. The intent is to make future owners aware of the limitations and 16 responsibilities incurred as part of the Board of Adjustment's variance decision. 7. Within 60 days of substantially completing construction of the addition, the applicant shall decrease the area of the parking lot on the site by at least 670 square feet as provided in the plans. 8. Within one year of this approval, the applicant shall relocate the shed on the property as proposed in their plans and in compliance with all applicable standards in the St. Croix County Zoning Ordinance. 9. Within 60 days of substantially completing construction of the addition, the applicant shall submit to the Zoning Administrator photographs of the completed construction as viewed from 143 Avenue and from the shoreline of Bass Lake, as well as certification from the project architect or engineer that the addition, roof modification, storm water management measures, parking lot removal, and landscaping have been completed as approved. 10. All components of the principal structure and addition - including the chimney, roof, trim, siding, stairs, and deck - must be in an earth -tone color that harmonizes with natural surroundings on the site during leaf on condition. 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 applicant shall have one (1) year from the approval of this variance to commence construction and (2) years from this approval to substantially complete construction. Failure to do so shall result in expiration of the variance. If the variance decision expires before construction commences and the applicant has not made a prior request to the Zoning Administrator for an extension of up to six months, the applicant will be required to secure new variances before starting or completing the project. 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 notice to the applicant and an opportunity for a hearing. 14. Accepting this decision means that the applicant and all property owners have read, understand, and agree to all conditions of this decision. Motion carried unanimously. The Board recessed at 11:27 a.m. 17 The Board reconvened at 11:35 a.m. Application # 4 — Lowell & Virginia Rivard Trust & The Kraemer Company, LLC Special Exception Permit Renewal The Board recessed at 12:55 p.m. The Board reconvened at 1:07 p.m. Motion by McAllister, second by Nelson to renew the special exception permit to continue operating an existing mine in the Town of Somerset based on the following findings of fact and conclusions of law: 1. The applicants are the Lowell and Virginia Rivard Family Trust, property owners, and The Kraemer Company, LLC, mine operators. 2. The site is located off of Old Scout Camp Road in the SE % of the NE %4 and the NE '/ of the SE % of Section 12, T30N, R20W, Town of Somerset, St. Croix County, Wisconsin. 3. The applicant filed with the Board of Adjustment an application to renew a special exception permit to continue an existing non - metallic mining operation pursuant to Section 17.15(6)(g) of the St. Croix County Zoning Ordinance and subject to the standards in Sections 14.3 A.l.d. and 14.3 A.6.a. of the St. Croix County Nonmetallic Mining Ordinance. 4. The Kraemer Company currently operates the Rivard Quarry under a special exception permit that was approved by the Board of Adjustment on September 26, 2002. The Rivard family has operated a portion of the operation for over 40 years. In Finding #4 of its 2002 special exception decision, the Board of Adjustment found the operation to be exempt from Section 17.15(6)(g) of the St. Croix County Zoning Ordinance because it pre -dated the Ordinance, but not exempt from Chapter 14, the Nonmetallic Mining Ordinance (then referred to as Ordinance No. 226(89)). The next finding concluded that the request was for the expansion of the existing nonmetallic mining operation. The Board finds that the operations of The Kraemer Company, LLC and Rivard Stone, Inc. are integrated and combined constitute an expansion of the original operation pursuant to Section 17.70(4)(a)(2) of the Ordinance, and that Section 17.15(6)(g) of the Zoning Ordinance applies to all nonmetallic mining activities at the site. 5. The conditions of the Board of Adjustment's September 26, 2002 approval have been met at follows: • Condition #1 stated that approval would not be valid until The Kraemer Company satisfied the concerns of the St. Croix County Land and Water Conservation Department. The Land and Water Conservation Department verified in an October 31, 2002 letter to the Zoning Administrator that all concerns had been resolved, except for the fueling of the crusher. It was 18 recommended that when the crusher is being refueled, absorbent pads be placed under the fuel tank to capture any potential spills. The applicants informed staff that when a crushing plant is at the quarry, the fuel tank is located inside a trailer as part of the electric generator unit. Absorbent pads are part of the spill prevention program and are only used in the event of an incident. • Condition #2 requires a six -month notification prior to the expiration of the permit. The applicants complied with this condition, but are requesting that the condition be eliminated in the future. This request to eliminate prior notification is reasonable and consistent with conditions required of other approved nonmetallic mining operations. • Condition #6 limited hours of operation for The Kraemer Company to 7:00 AM to 6:00 PM Monday through Friday. As part of the renewal request, the applicants are proposing to start general hours of operation one hour earlier from 6:00 AM — 6:00 PM. Based on the recommendations of the Town of Somerset and the National Park Service that the hours not be extended and noise be mitigated to address complaints from neighbors, and based on complaints that the Planning and Zoning Department has received, the Board does not support this request. • Condition #6 also limits the hours of operation for Rivard Stone to conduct retail sales in the shop and quarry from 7:00 AM — 6:00 PM on Saturdays. Hours at the shop are now subject to the conditions of the special exception permit approved by the Board of Adjustment for Rivard Stone to operate the shop in the Commercial District on April 27, 2006. • Condition #13 stated that a wash pit was not allowed until a design was submitted and approved by the County. The Zoning Administrator approved the design for the existing wash pit on February 17, 2004. • Condition #14 required financial assurance in the amount of $20,000 for site reclamation based on an estimate of $1,000 per acre. The St. Croix County Planning and Zoning Department currently has a letter of credit on file for this amount. To date, the unreclaimed acreage on the site is estimated at 32 acres, and the Board finds $1,000 per acre to be insufficient based on today's costs. • The Kraemer Company has complied with all other conditions of the 2002 special exception approval. 6. Within the past five years, the St. Croix County Planning and Zoning Department has received several complaints about the operation. The Kraemer Company has been responsive and worked with staff to resolve the complaints: • In June 2005, nearby property owners complained regarding problems with storm water runoff. Staff from the Planning and Zoning Department and the Land and Water Conservation Department worked with The Kraemer Company and other related agencies to resolve these issues. Storm water runoff problems were found to be related to the construction of State Highway 35164 to the east and not caused by the mining operation. • In July 2005, the National Park Service complained about the visibility of a stockpile from the St. Croix River. The Kraemer Company addressed the 19 concern by reducing the elevation of the stockpile to the maximum extent practicable and seeding it with vegetation. 20 • In May 2007, a property owner to the northeast complained regarding noise from the equipment. The Kraemer Company is in the process of acquiring two new models of backup alarms to install on its equipment, and will conduct field studies to determine if they reduce noise generated from the site. Alarms must be installed per MSHA requirements. 7. The Kraemer Company has complied with annual reporting requirements and has paid annual nonmetallic mining reclamation fees through 2007. 8. This request does not violate the spirit or general intent of the Ordinance since nonmetallic mining is a permitted use in the Ag Residential District and is an industry that contributes to the County's economic well being. 9. The scale, scale house, and fuel storage tank are located on an adjoining parcel to the southeast that is zoned Agricultural and owned by the Rivard family. Nonmetallic mining operations are not allowed in the Agricultural District unless for agricultural purposes. With a condition to move the scale or rezone the parcel to Ag Residential and add it to the boundaries of the approved mine, the entire operation will comply with the requirements of the St. Croix County Zoning Ordinance and Nonmetallic Mining Ordinance. 10. With conditions ensuring absorbent pads for refueling the crusher, maintaining berms and a 100 -foot buffer around the perimeter of the operation, and the submittal and approval of a landscaping plan to better screen the stockpiles and disturbed area of the mine from the St. Croix River, the mining operation will not be contrary to the public health, safety, or general welfare or be substantially adverse to property values in the surrounding neighborhood. According to the operation plan, no mining or reclamation activities are proposed below or within the groundwater. Mining will continue to progress to the south at approximately the same rate of removal and traffic is not expected to change or increase. Storm water and other wastewater discharge is being addressed as part of the WPDES General Permit. The site will be restored to conditions similar to the surrounding area. 11. With conditions limiting the hours of operation and continued noise and dust abatement, the existing mining operation will not constitute a nuisance by reason of noise, dust, or other factor. The mine operation is surrounded by undeveloped agricultural croplands and low - density residential development. The two closest residences are 900 feet from the northern boundary of the mine. The applicant is planning to install and monitor new alarm systems on equipment and is not proposing any expansion to the operation. 12. The Town of Somerset recommends approval of this request and also recommends that the start time remain the same at 7:00 AM and that the six - month notification prior to permit expiration as required by Condition #2 of the 21 2002 special exception permit be at the discretion of the County. 13. The Land and Water Conservation Department has reviewed the application and finds the reclamation plan to be adequate but the amount of financial assurance for reclamation to be insufficient. 14. Mr. Bernard Stenner, The Kraemer Company, LLC, testified at the hearing that the operation required no more than 32 acres to be open at any time. 15. The Wisconsin Department of Natural Resources has not submitted a recommendation on this request. The applicants have a Chapter NR 216 Storm Water Discharge WPDES Permit. 16. The National Park Service has reviewed the application and recommends that the bluff along the northern property line be planted with native vegetation to screen the disturbed area and protect the scenic view shed of the St. Croix National Scenic Riverway; the erosion control installation be improved and made available to appropriate agencies for continued inspection to ensure that runoff from the mining operations is not entering the St. Croix River; and noise mitigation measures be taken to address complaints from neighbors about disagreeable noise levels from aggregate processing. With the follow conditions: 1. This special exception approval allows The Kraemer Company, LLC and Rivard Stone, Inc. to continue operating the existing limestone quarry and sand and gravel operations as indicated in the plans submitted and as provided in the conditions below. Approval does not include any change or expansion in area or operations. This approval is valid for a period of five years and expires July 26, 2012, after which time it must be renewed pursuant to Section 14.3 A.6.a -b of the Nonmetallic Mining Ordinance. The applicants do not need to submit a six -month notification to the Zoning Administrator prior to the expiration of the permit. 2. Rivard Stone, Inc. or any other interested 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. Within 60 days of this approval, The Kraemer Company shall submit to and have approved by the Zoning Administrator appropriate financial assurance for the existing 32 un- reclaimed acres on the site pursuant to Section 14.7(A) I of the St. Croix County Nonmetallic Mining Ordinance. Site reclamation shall proceed according to the reclamation plan. 22 4. Within 90 days of this approval, The Kraemer Company shall submit to and have approved by the Zoning Administrator a landscaping plan featuring additional native vegetation along the top and riverward face of the northern berm. Vegetation planted along the top and face of the berm shall feature native evergreen trees and shrubs at a minimum height of six feet consistent with the vegetation management standards for the Lower St. Croix Riverway District outlined in Section 17.36 H.B. of the St. Croix County Zoning Ordinance. By June 1, 2008, the applicants shall reduce the elevation of the stockpiles to a height that does not protrude above the top of the northern berm as viewed from the centerline of the St. Croix River at the railroad trestle to north. No stockpiles shall exceed this standard in the future. 5. Within 120 days of this approval, the applicants shall apply to rezone the adjacent parcel housing the scale, scale house, and fuel storage tank from Agricultural to Ag Residential, or move the facilities to the 80 -acre parcel approved and properly zoned for nonmetallic mining operations. In the event that the parcel is rezoned, it shall be included in the total acreage approved for mining activities and all records shall be updated to reflect the added acreage. 6. The applicants shall continue to meet the conditions of the September 26, 2002 special exception decision, unless stated otherwise in conditions that are a part of this approval. 7. The applicants shall continue to adhere to all local, state, and federal rules, regulations, and permits during the life of the operation. 8. The operators shall continue to abate dust and noise and protect surface and groundwater in accordance with the plans submitted as part of this application. This shall include the development of a traffic plan to minimize backing up of vehicles with backup alarms both at the quarry and at the scale. The operators shall make reasonable efforts to reduce the volume and pitch of the backup alarms while maintaining sufficient safety and meeting all required standards. Upon complaints of regularly occurring, excessively loud noise, the applicants shall work with the Zoning Administrator to resolve the problem. In the event that the matter cannot be resolved administratively, it shall be taken before the Board of Adjustment at a public hearing. Existing conditions may be amended or additional conditions may be added by the Board of Adjustment to address these issues or any other unanticipated circumstances that would affect the health and /or safety of citizens or degrade the natural resources of St. Croix County. 9. Hours of operation for all mining activities shall not extend beyond 7:00 AM — 6:00 PM Monday - Friday. The operators may submit a written request for extended hours to the Zoning Administrator for prior review and approval. 23 10. When the crusher is refueled, absorbent pads shall be placed under the fuel tank to capture potential spills. 11. Upon any change in ownership or operation of the mine, the applicants shall submit to the Zoning Administrator the name and contact information of the owner and primary mine operator. The operator shall comply with all of the general requirements and conditions listed in the nonmetallic mining and reclamation standards in Chapter 14 — Nonmetallic Mining Ordinance (unless varied per conditions). 12. Any minor change (or addition) in area or use beyond what is shown in the plans shall require review and approval by the Zoning Administrator. Major changes, including but not limited to mining below the groundwater table, shall require the special exception approval process, as stated in the Ordinance. 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 notice to the applicant and an opportunity for a hearing. 14. Accepting this decision means that the applicants and Rivard Stone, Inc. have read, understand, and agree to all conditions of this decision. Motion carried unanimously. Application #1 Leon Orr — Special Exception Motion by Struemke, second by McAllister to approve a special exception permit for filling and grading an area exceeding 10,000 square feet in the Shoreland District of the Apple River in the Ag Residential District in the Town of Star Prairie based on the following findings of fact and conclusions of law: 1. The applicant is Leon Orr, property owner, with Auth Consulting & Associates, Inc. acting as his agent. 2. The site is located at the end of 220 Avenue in the SE 1/ of the SW 1/ and the SW 1/ of the SE 1/ of Section 11 and the NE '/ of the NW 1/ and NW 1/ of the NE 1/ of Section 14, T3 IN, RI 8W, Town of Star Prairie, St. Croix County, Wisconsin. 3. The applicant filed an application with the Board of Adjustment for a special exception permit for filling and grading an area exceeding 10,000 square feet in the Shoreland District of the Apple River pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. 4. With conditions for implementing and maintaining proper erosion control 24 measures before, during, and after construction; re- vegetating the disturbed area with trees at the same density and consisting of the same species as the trees removed; and placing a conservation easement on Outlot 1 and other sensitive areas on the site, this request will not violate the spirit or general intent of the St. Croix County Zoning Ordinance and will meet the requirements of Sections 17.70(7)(a) and 17.70(b) of the Shoreland District regarding potential negative environmental impacts to the Apple River. 5. This property is located 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 construction; re- vegetating the disturbed area with trees at the same density and consisting of the same species as the trees removed; and placing a conservation easement on the outlot and other sensitive areas on the site, the request will be consistent with the goals and objectives of the St. Croix County Development Management Plan 2000 -2020 aimed at conserving and protecting woodlands and their related benefits for wildlife habitat, protecting steep 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. 6. With conditions for implementing and maintaining erosion and sediment control measures; the proper construction and long -term operation and maintenance of the storm water ponds; and the replanting and long -term care and maintenance of native trees and vegetation, the request will not be contrary to the public health, safety, or general welfare, nor will it be substantially adverse to property values in the neighborhood, or constitute a nuisance. 7. The Town of Star Prairie Town Board recommends approval of this request, including the design of the road. 8. The St. Croix County Land and Water Conservation Department recommends applicant reevaluate the erosion control materials proposed in the ditch adjacent to the trail to meet DOT Pal specifications, that a single row of silt fence be used along the paved portion of the trail instead of a double row to minimize disturbance, and to provide storm water calculations for the entire project, including the trail. Doug Zahler, AC /a, Inc., has submitted the requested storm water calculations. 9. The St. Croix County Highway Department has reviewed the plans as part of the land division review process and has restated recommendations to eliminate the curb and gutter along the east edge of the proposed road, provide a 3:1 backslope behind the curb, and maintain 13 feet between the centerline of the road and the face of the curb. The Board of Adjustment defers to the Town of Star Prairie's authority to approve the design of town roads. 25 10. The Wisconsin Department of Natural Resources has reviewed the plans and has verified that a Chapter NR 216 storm water permit will be required, as well as a Chapter 30 permit for all wet storm water ponds within 500 feet of the OHWM of the Apple River. Doug Zahler, AC /a, Inc., has informed staff that the applicant will submit a DNR Consolidated Permit Application upon the County completing its review of the project. 11. The applicant's agent testified to the Board at the hearing that there will be a homeowners' association and restrictive covenants to address the use and maintenance of Outlot 1 and the trail. With the following conditions: 1. This special exception permit allows the applicant to disturb an area not to exceed 2.4 acres on slopes not to exceed 12 percent in the Shoreland District of the Apple River in order to construct a town road, trail, and storm water ponds for a proposed 10 -lot major land division, Eagles View, on a 40 acre parcel in accordance with the plans submitted on June 4, 2007 and revised on June 26, 2007, and as provided in the conditions below. Approval for this special exception permit does not include any additional grading and filling, tree removal, or other development activities. 2. Prior to commencing construction, the applicants shall obtain any other required local, state, or federal permits and approvals, including but not limited to preliminary plat approval from the St. Croix County Planning and Zoning Department and Chapter NR 216 and 30 permits from the Wisconsin Department of Natural Resources. 3. Prior to commencing construction, the applicant shall submit revised grading and erosion control plans to address the concerns of the Land and Water Conservation Department as outlined in Finding #8 above and shall install the 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. Upon completing construction, temporary ground cover such as mulch shall be used, and permanent cover including native trees and shrubs shall be planted to replace those removed during construction (see Condition #4 below). 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. 4. Prior to commencing construction, the applicant shall submit to and have approved by the Zoning Administrator a vegetation management plan showing the location, species, and size of replacement trees for those to be removed. The replacement trees should be planted in appropriate locations on the site at the same density and consisting of the same species as the trees removed. Replacement trees must have a minimum width of 2 inches DBH. The plan must 26 also include an understory of smaller native trees and shrubs and native ground cover in order to restore sensitive wildlife habitat within the primary environmental corridor and Shoreland District, and stabilize and protect the steep slopes to prevent long -term erosion and sedimentation problems. The plan shall also include a timeline for planting, as well as a maintenance and operation agreement for the long -term care of the vegetation. 5. Prior to commencing construction, the applicant shall install construction fencing or another suitable barrier around the grading limits that are not already surrounded by silt fence to protect existing trees from damage during construction. 6. Prior to commencing construction, the applicant shall schedule an on -site pre - construction meeting that includes the landowner, engineer, contractor and St. Croix County Planning and Zoning and Land and Water Conservation Department staff members to inspect the erosion control and tree protection measures and discuss construction timelines, compliance with all other pre - construction conditions, and roles and responsibilities of all parties. 7. Prior to commencing construction, the applicant shall submit a surety in the form of a compliance deposit in good funds in an amount of $1,000 to be held by the Zoning Administrator until the trail construction and tree planting 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. Prior to the sale of the first lot, the applicants shall record the storm water management plan and vegetation management plan, and operation and maintenance agreements for all storm water features and native vegetation against the property. The applicants shall provide a recorded copy to the Zoning Administrator. The intent is to make the future property owners in Eagles View aware of the responsibilities associated with the storm water management plan as well as the limitations incurred as a result of the plan. 9. Prior to the sale of the first lot, the applicant shall record a conservation easement against Outlot 1 and the trail and record restrictive covenants against other riparian lots prohibiting native vegetation removal and filling and grading activities within the 75 -foot setback area from the OHWM of the Apple River and along any slopes of 25 percent or greater, and providing for the long -term management of Outlot 1. A homeowners' association shall be incorporated as testified by the applicant's agent and shall have authority to assess the costs for maintaining Outlot 1 and the trail against the lots in the subdivision. A non - profit organization shall co -hold rights to the conservation easement for Outlot 1 and the trail. The applicant shall provide recorded copies of these documents to the Zoning Administrator. 27 10. Prior to the sale of the first lot, the applicants 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. 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 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. 12. 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. The applicant 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. 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 notice to the applicants and an opportunity for a hearing. 14. Accepting this decision means that the applicant and all property owners have read, understand, and agree to all conditions of this decision. Motion carried unanimously. Application # 5 John & Debra Beard — Special Exception Motion by McAllister, second by Nelson to approve the special exception for filling and grading in an area 10,000 square feet in the Shoreland District of Pine Lake in order to construct a single - family dwelling and two accessory structures, and to install a driveway and sanitary system based on the following findings of fact and conclusions of law: 1. The applicants are John and Debra Beard, property owners, with Kevin McCoshen, Symmetry Homes, Inc. and Troy Nemmers, Humphrey Engineering, Inc., acting as their agents. 2. The site is located on Lot 5 of the Pine Lake Subdivision at the W '/2 of the NE `/ of Section 1, T29N, R17W, Town of Hammond, St. Croix County, Wisconsin. 3. The applicants filed an application with the Board of Adjustment for a special exception permit for filling and grading an area exceeding 10,000 square feet in I 28 the Shoreland District of Pine Lake to construct a single - family dwelling, two accessory structures, and to install a driveway and sanitary system pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. 4. The site is zoned Ag Residential and is within the Shoreland Overlay District of Pine Lake. It is also located within a primary environmental corridor as identified by the St. Croix County Development Management Plan 2000 -2020. A County park is located along the lake due in part to the value of the lake as an important fishery. Conservation easements have also been established by residents along large portions of the shoreline to protect the special features of the lake and the primary environmental corridor. With conditions for implementing and maintaining proper erosion control measures before, during and after construction; and re- vegetating the disturbed area with trees at the same density and consisting of the same species as the trees removed, the request will be consistent with the goals and objectives of the St. Croix County Development Management Plan 2000 -2020 aimed at conserving and protecting woodlands and their related benefits for wildlife habitat, 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. 5. With conditions for implementing and maintaining proper erosion control measures before, during, and after construction; and re- vegetating the disturbed area with trees at the same density and consisting of the same species as the trees removed, this request will not violate the spirit or intent of the St. Croix County Zoning Ordinance and will meet the requirements of Sections 17.70(7)(a) and 17.70(b) of the Shoreland District regarding potential negative impacts to the water quality, ecology, and natural beauty of Pine Lake, except as indicated in Condition #6 below. 6. The proposed filling and grading activities encompass an area of approximately 24,000 square feet on slopes less than 20 percent within 1000 feet of the OHWM of Pine Lake, not including the sanitary system. According to the applicants' agent, the exact location and design of the sanitary system will be completed during the system design and the disturbed area was represented to be approximately 3,000 square feet, bringing the total disturbance to 27,000 square feet. The Board finds this amount, which would encompass nearly half of the lot, to be excessive in view of the standards in Section 17.70(7)(b) of the St. Croix County Zoning Ordinance and given the sensitivity of the site. 7. The proposed single- family dwelling, accessory structures, and retaining walls meet all required height limitations and setbacks, and no filling and grading or tree removal is proposed to occur within 50 feet of the OHWM of Pine Lake. 8. As part of their application, the applicants propose to use one of the accessory structures as a studio. Plans for the studio include a restroom, kitchen/bar area, 29 and attached room for which the use has not been designated. The St. Croix County Zoning Ordinance defines a habitable structure as "any structure or portion thereof used or designed for occupation by humans for the purpose of cooking, eating, sleeping, recreation, and general living periods. " Accessory apartments, secondary dwellings, and other types of habitable space within accessory structures are prohibited in the Ag Residential District and within the Shoreland Overlay District. With conditions prohibiting such use on the site, this request will comply with the requirements of the Ordinance. 9. The Town of Hammond Town Board recommends approval of this request. 10. The St. Croix County Land and Water Conservation Department finds the storm water management and erosion control plans to be adequate for the site and recommends that the applicants record an operation and maintenance plan for the storm water measures against the property, maintain silt fence around the construction site until self - sustaining vegetation is established on all disturbed areas, and maintain a 35 -foot vegetative buffer adjacent to the OHWM of Pine Lake. 11. The Wisconsin Department of Natural Resources has reviewed the application and has verified that the project does not require a permit under Wisconsin Administrative Code NR 341 and is exempt from Chapter 30 permit requirements. The Department concurs with staffs comments to the applicants that vegetation removal be kept to a minimum, particularly around the shoreline of Pine Lake, and that guest houses are not allowed per the St. Croix County Zoning Ordinance. With the following conditions: 1. This special exception permit allows the applicants to disturb an area not to exceed 24,000 square feet on slopes less than 20 percent in the Shoreland District of Pine Lake to construct a single- family dwelling not to exceed 35 feet in height, two accessory structures not to exceed 20 feet in height, and to install a driveway and sanitary system 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 (including filling and grading to install the sanitary system), tree removal, structures, uses such as home occupations or habitable space within an accessory structure (see Condition #9 below), or other development activities. 2. Prior to commencing construction, the applicants shall secure a building permit from the Town of Hammond and obtain any other required local, state, or federal permits and approvals, including but not limited to a County sanitary permit. 3. Prior to commencing construction, the applicants shall submit to the Zoning Administrator a surety in the form of a compliance deposit in good funds in an amount of $1,100 to be held by the Planning and Zoning Department until the 30 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. 4. Prior to commencing construction, the applicants shall submit to and have approved by the Zoning Administrator revised grading, erosion control, and storm water management plans to show the sanitary system within the limits of the 24,000 - square foot approved disturbed area. 5. 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 around the construction site 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 a lawn on the disturbed area of the site, unless a soil test confirms that phosphorous is needed. 15. Prior to commencing construction, the applicants shall submit to and have approved by the Zoning Administrator a vegetation management plan showing the location, species, and size of replacement trees for those to be removed. The replacement trees should be planted in appropriate locations around the perimeters of the proposed structures, ponds, and driveway at the same density and consisting of the same species as the trees removed. Replacement trees must have a minimum width of 2 inches DBH. The plan should also include an understory of smaller native trees and shrubs and native ground cover in order to restore sensitive wildlife habitat within the primary environmental corridor and Shoreland District, and stabilize and protect slopes to prevent long -term erosion and sedimentation problems. The plan shall also include a timeline for planting, as well as a maintenance and operation agreement for the long -term care of all native vegetation on the site. 16. Prior to commencing construction, the applicants shall install construction fencing or another suitable barrier around the grading limits that are not already surrounded by silt fence to protect existing trees from damage during construction. 17. Prior to commencing construction, the applicants shall schedule an on -site pre - construction meeting that includes the property owners, architect, contractor, engineer, 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 all parties. 18. No accessory structures shall have living quarters — including household appliances, kitchen plumbing fixtures/ sinks, and household furniture. 31 19. Within 30 days of substantially completing construction, the applicants shall record an affidavit referencing this decision, the storm water management plan, the vegetation management plan, and the operation and maintenance agreements 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. 20. Within 30 days of substantially completing construction, the applicants shall submit to the Zoning Administrator photos of the site, interior photos of the proposed studio and garage, and certification from the project engineer or registered landscape architect that the project has been completed as approved. 21. 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. 22. The applicants 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 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. 23. 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 applicants and an opportunity for a hearing. 24. Accepting this decision means that the applicants have read, understand, and agree to all conditions of this decision. Motion carried unanimously. The Board recessed at 3:57 p.m. The Board reconvened at 4:02 p.m. Sue Nelson was excused at 4:02 p.m. 32 Application # 3 — Charles BentleyNerizon Wireless — Special Exception Motion by McAllister, second by Malick to approve the special exception to construct a new wireless communications facility on a 31 -acre parcel owned by Charles Bentley in the Ag Residential District in the Town of Eau Galle based on the following findings of fact and conclusions of law: 1. The applicants are Charles Bentley, property owner, and Verizon Wireless, tower owner. 2. The site is located in the NW 1/ of the NW 1/ of Section 30, T28N, R16W, Town of Eau Galle, St. Croix County, Wisconsin. 3. The applicants filed an application with the Board of Adjustment for a special exception permit to construct a new wireless communications transmission facility in the Ag Residential District pursuant to Section 17.85(2)(b)2 of the St. Croix County Zoning Ordinance. 4. The site is zoned Ag Residential. The 31 -acre parcel features an existing single - family dwelling, which makes the principal use of the site residential and the proposed transmission facility an accessory use. 5. The proposed driveway from 20` Avenue would result in two accesses on a residential land use parcel, which is not allowed pursuant to Section 17.60 7.d.I I of the St. Croix County Zoning Ordinance. However, the Wisconsin Department of Transportation will not allow joint access to the tower site from the existing residential driveway on State Highway 63 since it is a controlled access highway. Furthermore, Section 17.86(7) of the Ordinance requires that access to transmission facilities be p provided by a gated, all- weather driveway. The proposed access from 20` Avenue is necessary to meet these requirements and to provide secure service and maintenance access to the tower and a utility route for power and telephone lines to the tower site. For these reasons, joint access may not always be compatible with or safe for residential uses. The Board of Adjustment finds that the single driveway access requirement does not apply to service and utility accesses for towers located on residential land use parcels. 6. The proposed filling and grading activities to install the driveway and tower pad encompass an area of approximately 24,525 square feet on slopes less than 12 percent; thus, no additional land use permit or special exception permit is required. 7. The applicants have provided sufficient verification that the proposed transmission facility will meet all general requirements for transmission facilities regarding compliance with FCC and FAA rules and regulations; compliance with manufacturer's specifications and applicable state and local building/electrical codes; liability insurance; future facility removal; monopole design; and the acceptance of at least two additional co- locations pursuant to Subchapter VIII of the St. Croix County Zoning Ordinance. 33 8. The proposed 190 -foot wireless communications transmission facility and associated equipment shelter meet all area, setback, separation, height, access, and parking requirements in the Ag Residential District and pursuant to Subchapter VIII of the St. Croix County Zoning Ordinance. The property owner, Charles Bentley, has co- signed the application and entered into a lease agreement with Verizon Wireless allowing the proposed tower to be within 500 feet of his existing single - family dwelling. 9. The Zoning Administrator retained Jeff Nelson, PSC Alliance, as an independent technical expert to review materials submitted by the applicants. Mr. Nelson's review focused on the technical details of the application and he concluded that: • Coverage limitations exist in the vicinity of the proposed Bentley site that warrant the development of a wireless communications transmission facility to more reliably serve the company's customer base. • No suitable tall structures exist within a two -mile radius of the proposed location that would address the coverage limitations described above. • The proposed site is being built to conform to the technical provisions of Subchapter VIII of the St. Croix County Zoning Ordinance. 10. Staff finds that the proposed transmission facility would not violate the spirit or intent of the Ordinance. Wireless transmission facilities are allowed in the Ag Residential District if the district requirements and performance standards can be met, the purpose of which are to accommodate communication needs while protecting public health, safety, and welfare; minimize adverse visual impacts; avoid potential damage to adjacent properties; maximize the use of existing facilities in order to reduce the number of facilities in the County; and minimize hazards to birds. 11. Staff finds that the proposed transmission facility would not be contrary to the public health, safety, or general welfare or be substantially adverse to property values in the neighborhood affected. The proposed facility will be reasonably protected from unauthorized access by a gate and security fencing. The proposed facility will be a monopole design and light blue in color to minimize visibility. The photo simulation provided by the applicants indicates that the design will not have any adverse visual impacts on the neighborhood. Furthermore, the proposed facility will meet all required setback, separation, and height requirements and will be fully screened from adjacent properties. 12. Staff finds that the request would not constitute a nuisance by reason of noise, dust, smoke, odor, or other similar factors. 13. With conditions for implementing erosion control measures during construction of the service and utility access and tower pad; maintaining and enhancing the current level of native tree, shrub, and ground cover around the leased area to ensure that it is fully screened from adjacent properties; providing a timeframe 34 and financial assurance for the removal of the facilities if the use is discontinued; and ensuring that adequate space is made available for future co- locations, this request will meet the requirements of the Ordinance and other concerns raised as part of the review of this application will be addressed. 14. The Town of Eau Galle Town Board recommends approval of this request. 15. The Wisconsin Department of Transportation - Division of Transportation Investment Management has verified that the proposed tower will have no effect on air navigation. 16. The Wisconsin Department of Transportation - Division of Transportation System Development recommends that all access to the proposed facility be via 20"' Avenue consistent with the Authorization for Access for the Bentley property, which restricts use of the access from State Highway 63 for single- family residential use only. With the following conditions: 1. This special exception permit allows the applicants to construct a 190 -foot monopole wireless communications transmission facility and associated equipment shelter 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. Prior to commencing any construction activities, the applicants shall secure a building permit from the Town of Eau Galle and obtain any other required local, state, or federal permits and approvals. 3. Prior to commencing any construction activities, the applicants shall send a copy of this approval letter to the Wisconsin National Guard Bureau. 4. Prior to commencing any construction activities, the applicants shall install erosion control measures in accordance with State of Wisconsin Best Management Practices for construction sites. During construction, the smallest amount of bare ground shall be exposed for as short a time as possible. The applicants shall maintain silt fence around the construction site until self - sustaining, permanent groundcover is successfully established on all disturbed areas of the site. 5. Prior to commencing any construction activities, the applicants must submit to the Zoning Administrator a financial assurance in an amount sufficient to provide for future removal of the transmission facility. If the approved facility is unused for 12 consecutive months, the site must be restored within a reasonable time, but not more than three months after removal is requested by the Zoning Administrator. 35 Upon removal, the site shall be restored to its original or an improved condition, and anchoring elements shall be removed from the ground to a depth of at least eight feet. If removal and /or restoration is not completed, the County is authorized to complete the removal and site restoration using the approved financial assurance. 6. The applicants shall be responsible for maintaining and enhancing the current level of native tree, shrub, and ground cover around the leased area to ensure that it is fully screened from adjacent properties. 7. The applicants shall be responsible for ensuring that adequate space is made available for equipment shelters and additional parking spaces to accommodate at least two future facilities proposing to co- locate on the site. 8. The service and utility access to the tower site shall be gated and constructed to the minimum driveway standards in the Ordinance. 9. Within 30 days of substantially completing construction, the applicants shall submit to the Zoning Administrator photos of the site and certification from the project engineer 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 special exception approval process. 11. The applicants 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 applicants will be required to secure a new special exception permit before starting or completing the project. 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 notice to the applicants 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. 36 r The meeting was adjourned at 4:18 p.m. by Chairman Malick. Respectfully submitted, . - n Sue Nelson, Secretary Becky Egg ecor ' ecretary 37 Page 1 of 1 Amy Geurkink From: Amy Geurkink Sent: Friday, August 24, 2007 7:53 AM To: Buck Malick; Chuck Whiting; Greg Timmerman; Kathy Spott; Kim Dupre Cc: Baldwin Bulletin (thawley @baldwin- telecom. net); Hudson Star Observer (1) (hsoed itor@rivertowns. net); New Richmond News /Jeff Holmquist Qholmquist @rivertowns.net) Subject: Minutes - Bd of Adj. Attachments: July 26 07 BOA Minutes.pdf Attached please find the minutes from the July 26, 2007 Board of Adjustment meeting. Amy J. Geurkink First Deputy /St. Croix County Clerk St. Croix County Government Center 1101 Carmichael Road Hudson, WI 54016 Ph. 715- 386 -4609 8/24/2007