HomeMy WebLinkAboutBoard of Adjustment 08-23-07 ST. CROIX COUNTY BOARD OF ADJUSTMENT
Thursday, August 23, 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: September 27, 2007
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS - See Public Notice (Attached)
G NEW BUSINESS
1. Rivard Stone, Inc. - Request for Reconsideration
2. Discussion — Re- scheduling Meetings to Wednesdays
3. Legal Update
H. ANNOUNCEMENTS AND CORRESPONDENCE
I. ADJOURNMENT
(Agenda not necessarily presented in this order.)
SUBMITTED BY: St. Croix County Planning and Zoning Department
DATE: August 7, 2007
COPIES TO: County Board Office County Clerk
Board Members News Media/Notice Board
* CANCELLATIONS /CHANGE S /ADDITIONS
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, August 23, 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: Kopp Properties, LLC
LOCATION: NW' /4 of the NW %4 of Section 23, T30N, RI 8W, Town of Richmond
ADDRESS: 1477 Hwy 65
REQUEST: Special exception request to operate an acupuncture clinic in the Commercial District
pursuant to Section 17.18(l)(a) of the St. Croix County Zoning Ordinance.
2. APPLICANTS: Todd P. Domino
LOCATION: SE' /4 of the NW' /4 of Section 3, T28N, R19W, Town of Troy
ADDRESS: 578 White Oak Drive
REQUEST: Special exception request for a contractor's storage yard in the Ag Residential District
pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance.
3. APPLICANTS: Teens for Christ and Verizon Wireless ** *POSTPONED * **
LOCATION: SW %4 of the NE' /4 of Section 4, T28N, R19W, Town of Troy
ADDRESS: 538 Old Hwy 35
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: Robert and Margaret Siebenaler
LOCATION: Part of Government Lot 5 of Section 27, T30N, R20W, Town of St. Joseph
ADDRESS: 48132 nd Avenue
REQUEST: Special exception request for filling and grading in the Riverway District pursuant to
Section 17.36F(3)(a) of the St. Croix County Zoning Ordinance.
5. APPLICANTS: UW Board of Regents ** *WITHDRAWN * **
LOCATION: SE %4 of the NW %4 of Section 26, T28N, R19W, Town of Troy
ADDRESS: 129 South Glover 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.
Special Exception Permit Revocation
6. OWNER: Feist, Michael - Micabren Acres, LLC
LOCATION: NW t /4 of the NW ' / 4 of Section 34, T30N, R18W, Town of Richmond
ADDRESS: 1221 130"' Avenue
REQUEST: Public hearing to consider revoking an existing special exception permit approved by the
Board of Adjustment on October 26, 2006 for Micabren Acres, LLC pursuant to Section
17.71(6)(a) of the St. Croix County Zoning Ordinance.
All interested persons are invited to attend said hearing and be heard. Additional information may be obtained
from the St. Croix County Planning and Zoning Department, Hudson, Wisconsin at (715) 386 -4680.
Clarence W. Malick, Chairperson
St. Croix County Board of Adjustment
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
August 23, 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, and Jerry McAllister were present.
Chuck Struemke arrived at 8:45 a.m. Linda Luckey was absent and excused. Staff
included: Jenny Shillcox, Zoning Specialist; Kevin Grabau, Code Administrator; Steve
Olson, Land and Water Conservation Department; Carrie Stoltz, Code Enforcement
Technician and Becky Eggen, Recorder.
Chairman Malick asked if there were any objections or concerns about proper notice
from the audience and having heard none, the Board could assume the meeting was
properly noticed and advertised.
The next meeting for the Board is scheduled for Thursday, September 27, 2007 at 8:30
a.m. in the County Board Room of the Government Center in Hudson.
Chairperson Malick opened the meeting. Testimony was taken and recorded by Laurel S.
Dean, court reporter from Q & A Court Reporters.
Application # 1 Bernard Kopp and Joe Gustafson — Special Exception
The applicants are Bernard Kopp, property owner, and Joseph Gustafson, Pain
Management Acupuncture of St. Croix. The applicants requested a special exception
permit to operate an acupuncture clinic in an existing building owned by Bernard Kopp in
the Commercial District in the Town of Richmond.
Staff presented the application and the staff report. The Town of Richmond informed
staff that the Town Board members discussed the matter at their meeting on August 13,
2007 and they did not object to the request. St. Croix County Land and Water
Conservation Department reviewed the application and had no comments provided the
applicants maintain and monitor all permanent drainage easements and storm water
facilities as required by Condition #6 of the Board of Adjustment's approval dated
December 1, 2005. The Wisconsin Department of Transportation reviewed the
application and had no comments except to reiterate that direct access to State Highway
65 will eventually be eliminated and access to the site will be from a future town road to
the north as indicated in the CSM. This issue was addressed in the special exception
permit approved for Mr. Kopp on December 1, 2005.
Staff recommended approval of the request based on 15 findings of fact and conclusions
of law.
No one testified in favor or in opposition to the request.
Application #2 Todd Domino — Special Exception
The applicant requested an after - the -fact special exception permit for a contractor's
storage yard on a 5.47 -acre parcel in the Ag- Residential District in the Town of Troy.
Staff presented the application and the staff report. The Town of Troy Town Board
recommended approval of the request. St. Croix County Land and Water Conservation
Department did not need to review the application.
Staff recommended approval of the request based on nine findings of fact and
conclusions of law.
Terry Domino, father to the property owner, signed an oath and spoke in favor to the
request. He stated that Todd Domino will maintain all the current screening and will
work with adjoining property owners to screen the storage yard.
Tamera Seibel, adjoining neighbor to the west, signed an oath and spoke in opposition to
the request. She stated that over time she has witnessed stuff accumulate on the Domino
property. When pulling up to the Seibel driveway, she can see the pile of stuff on his
property. When Seibel's were building their house, they could have built on top of the
hill on their parcel, but chose to build in a nestled corner of the lot to keep secluded.
Now they listen to the noise of the garbage truck emptying the dumpster in the early
morning. Pine trees and buckthorn currently screen the storage area from the Seibel
property, but the Seibel's are removing the buckthorn and can see the yard from their
second -story window. She would like to see the special exception denied.
John Seibel, adjoining neighbor to the west, signed an oath and spoke in opposition to the
request. He has owned adjoining property for 10 years. Mr. Domino put in an illegal
second driveway and it was removed after Seibel complained. The storage yard is
completely out of the view for Mr. Domino, but is completely visible from the Seibel
property.
Application # 4 Robert and Margaret Siebenaler — After- the -Fact Special Exceptions
The applicants requested an after - the -fact special exception approval for filling and
grading that was done this spring on a 3.80 -acre lot they own in the Lower St. Croix
Riverway District in the Town of St. Joseph.
Staff presented the application and the staff report. The Town Board of St. Joseph
recommended approval of the request provided the Board of Adjustment concluded there
is sufficient current plantings to hold the sandy soil in place during a heavy rain, and that
there is no concern about erosion down the bank. St. Croix Land and Water
Conservation Department reviewed the application and visited the site. They provided
comments that several trees have fill placed at the base and up the trunk, which will
affect their chances of survival if not removed as soon as possible, and that several of the
species listed in the proposed vegetation plan are not native to the area. They indicated
that in the applicants' attempt to address erosion occurring on the site, they did not
address the existing storm water problems other than creating a flat area for the storm
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water to infiltrate. In the process, other erosion problems were created. They
recommended that the applicants create storm water features to account for the runoff
from all existing structures on the site to mitigate site conditions. The Wisconsin
Department of Natural Resources reviewed the plans and visited the site. They verified
that a Chapter 30 permit is not required, and provided comments that if the applicants
complete the plan for restoration as laid out by the County, the Department of Natural
Resources had no issues moving forward with the after - the -fact approval. They
recommended that site stabilization is the most critical aspect of the project and that
erosion control could be improved.
Staff recommended approval of the request based on nine findings of fact and
conclusions of law.
Carrie Stoltz, Code Enforcement Technician, verified that she investigated the initial
complaint and has been out to the Seibenaler property numerous times to monitor the
situation. She has observed problems with the erosion control measures that she would
like the Board to address.
No one testified in favor or in opposition to the request.
Application # 6 — Michael Feist, Micabren Acres, LLC & RidinL- Meadows, LLC —
Special Exception Revocation
The Board held a public hearing to consider revoking an existing special exception
permit approved by the Board of Adjustment on October 26, 2006, for Micabren Acres,
LLC pursuant to Section 17.71(6)(a) of the St. Croix County Zoning Ordinance.
Staff handed out a revised staff report that was revised on August 22, 2007, after staff's
meeting with St. Croix County Corporation Counsel. Chairperson Malick confirmed that
the revised staff report replaced the staff report that the Board received in the mail.
Staff presented the staff report. On October 26, 2006, the Board of Adjustment approved
two special exception permits allowing the applicant to operate a horse boarding,
training, and breeding facility (Item #1) to exceed one animal unit per acre (Item #2). On
March 23, 2007, the Board of Adjustment held a public hearing to consider revoking both
permits due to the applicant's failure to comply with the conditions of the permits. At the
hearing, the Board voted to revoke the permit for exceeding one animal unit per acre and
tabled its decision on the permit for the horse facility for two months to allow the
applicant additional time to meet the outstanding conditions related to that permit. The
Board identified specific actions to be taken and documentation to be provided by the
applicant within this two -month timeframe to satisfy those conditions. During that time,
Planning and Zoning staff initiated enforcement action to bring the number of animal
units into compliance with the St. Croix County Zoning Ordinance. The applicant filed
an appeal of the Board's decision to revoke the special exception permit for exceeding
one animal unit per acre in circuit court, as well as a restraining order against the County
taking any action to physically require any animal unit to be removed from the premises.
The St. Croix County Corporation Counsel has transmitted the record to the circuit court,
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but the applicants have not filed the transcripts or taken any further action on the appeal.
The case will remain active for one year, after which time the judge may dismiss it if no
further action is taken. The restraining order will remain valid until a final court decision
is made on the appeal.
No one testified in favor or in opposition to the request.
Lowell & Virginia Rivard Trust & The Kraemer Company. LLC — Reconsideration
Rivard Stone, Inc. requested a reconsideration of the conditions approved following the
July 26, 2007, decision by the St. Croix County Board of Adjustment.
Motion by Struemke, second by Nelson to reconsider. Motion carried unanimously.
Chair Malick invited anyone present to speak to the request.
Buck Sweeney, attorney for the Kraemer Company, signed an oath and spoke in favor to
the reconsideration. He believes that the Board had some confusion between the
expansion of the Rivard Quarry and Rivard Stone and referenced several court cases that
specifically addressed nonconforming nonmetallic mining operations. The
nonconforming use of Rivard Quarry was approved back in 2002 and nothing has
changed with the use. He asked that the Board look at the nonconforming use status
when looking at the reconsideration.
Micheal Feist, Micabren Acres, LLC & Riding Meadows, LLC
Motion by McAllister to revoke special exception permit for a horse boarding facility,
second by Malick.
Motion carried unanimously.
The Board recessed for site visits at 9:43 a.m.
The Board reconvened at 12:35 p.m.
Minutes
Motion by Nelson to adopt the amended minutes, second by Struemke.
Motion carried unanimously.
Decisions
After hearing the testimony and reviewing the material in the record, the Board rendered
the following decisions:
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Application # 1 Bernard Kopp and Joseph Gustafson— Special Exception
Motion by McAllister, second by Nelson to approve the special exception request to
operate an acupuncture clinic in an existing office building in the Commercial District in
the Town of Richmond based the following findings of fact and conclusions of law:
1. The applicants are Bernard Kopp, property owner, and Joseph Gustafson, owner of
the proposed business, Pain Management Acupuncture of St. Croix.
2. The site is located on Highway 65 in Section 23, T30N, RI 8W, Town of Richmond,
St. Croix County, Wisconsin.
3. The applicants filed with the Board of Adjustment an application for a special
exception permit for an acupuncture clinic in an existing office building in the
Commercial District pursuant to Section 17.18 (1) of the St. Croix County Zoning
Ordinance.
4. The existing building, business, driveway access, parking lot, landscaping, lighting,
signage, and storm water management measures on the site were approved as part of
the special exception permit request for New Horizon Homes, Inc. on December 1,
2005 and have been constructed in accordance with the approved plans. The
property owner has complied with all of the conditions of the special exception
permit, except for submitting an as-built drawing of the site and recording an
affidavit for the storm water facilities against the property as required by Conditions
#6 and # 14 of the original special exception permit. The property owner has been
notified of these outstanding conditions and has submitted a response for the Board's
consideration.
5. This request would not violate the spirit or general intent of the St. Croix County
Zoning Ordinance in that a professional office use is a reasonable and appropriate
use in the Commercial District, which the property is currently zoned. The proposed
clinic would be compatible with existing adjoining commercial and residential uses
in the area, and the site is located south of the City of New Richmond on State
Highway 65 and accessible to clients.
6. This request would not negatively impact the health, safety, or welfare of the public,
nor would it be substantially adverse to property values for nearby residences or
businesses. According to the applicants, anticipated traffic is not expected to
increase substantially.
7. With conditions for shielding any future light sources to prevent glare onto adjacent
properties and for limiting noise and hours of activity on the site, this request would
not constitute a nuisance by reason of noise, dust, smoke, odor, or other similar
factors. The proposed acupuncture clinic is a professional office use that will not
produce any noise or odors. The site is surrounded by predominantly commercial
uses, and is screened from existing adjacent residential uses with a row of evergreen
trees.
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8. With conditions for maintaining adequate off - street parking and maintaining the
storm water capacity of the site, the standards would be met to grant the special
exception permit for the proposed acupuncture clinic pursuant to Section 17.18(1)(a-
f) of the St. Croix County Zoning Ordinance.
9. The proposed acupuncture clinic would meet several goals and objectives of the St.
Croix County Development Management Plan including locating commercial
development where suitable conditions exist, pursuing quality of life that will attract
and retain quality businesses and employment, promoting the growth of existing
businesses and the development of new businesses in the County, and diversifying
the County's economy.
10. The existing parking lot has space for 14 off - street painted parking stalls, which will
provide sufficient off - street parking to accommodate both the existing business and
the proposed clinic as required by Section 17.57 of the St. Croix County Zoning
Ordinance. The required off - street parking for 2,187 square feet of professional
office space is 11 parking stalls (1 stall/200 square feet).
11. The existing building and parking lot meet current road setbacks from State
Highway 65 pursuant to Section 17.60 of the St. Croix County Zoning Ordinance.
12. No signage or additional lighting is proposed for the site as part of this application.
Any signage for the business will require a land use permit and must comply with
the St. Croix County Sign Ordinance.
13. The Town of Richmond Town Board members do not object to this request.
14. The St. Croix County Land and Water Conservation Department has reviewed the
application and has no comments provided the applicants to maintain and monitor
all permanent drainage easements and storm water facilities as required by
Condition #6 of the Board of Adjustment's approval dated December 1, 2005.
15. The Wisconsin Department of Transportation has reviewed the application and has
no comments except to reiterate that direct access to State Highway 65 will
eventually be eliminated and access to the site will be from a future town road to the
north as indicated in the CSM included in the application packet. This issue is
addressed in the special exception permit approved for the property owner on
December 1, 2005.
With the following conditions:
1. This special exception permit is for Pain Management Acupuncture of St. Croix,
an acupuncture clinic, to operate out of an existing office building in the
Commercial District as indicated in the plans submitted, and as provided in the
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conditions below. Approval for this special exception permit does not include any
additional uses, structures, or other activities not indicated in the plans.
2. The Town of Richmond and 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. Prior to commencing use of the site for an acupuncture clinic, the applicants shall
be responsible for securing all necessary local, state, and federal permits and
approvals, including but not limited to any other required permits or licenses
from the Wisconsin Department of Commerce. The applicants shall also provide
to the Zoning Administrator documentation that the existing sanitary system is
adequate for the proposed use.
4. Prior to commencing use of the site for an acupuncture clinic, the property owner
shall submit an as -built drawing of the completed construction on the site, and
shall record an affidavit against the property referencing: 1) the storm water
management plan, 2) permanent drainage easements for all storm water
management facilities and retention areas, and 3) a maintenance and monitoring
agreement, and provide a recorded copy to the Zoning Administrator as required
by Conditions #6 and #14 of the special exception permit dated December 1,
2005.
5. The applicants shall continue to comply with the conditions of the special
exception permit dated December 1, 2005, unless stated otherwise in the
conditions of this approval.
6. Regular hours of operation shall not extend beyond 8:00 AM — 8 :00 PM Monday
- Friday, and 8:00 AM — 6:00 PM on Saturday as approved for the office building
on December 1, 2005.
7. Upon complaints of regularly occurring, excessively loud noise at any time, the
applicants shall work with the Zoning Administrator to abate the noise problem.
In the event that the matter cannot be resolved administratively, the applicants
shall take the matter before the Board of Adjustment at a public hearing.
8. All lights on the site and on buildings must be downward directed and shielded
away from neighboring properties to prevent glare. Only lights on the building or
building overhangs at a level not to exceed the height of the lowest eaves may be
left on overnight for security purposes.
9. No signs are approved as part of this permit. Any future signage shall require
prior review and approval by the Zoning Administrator in accordance with the St.
Croix County Sign Ordinance.
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10. All buildings and property shall be maintained in a neat and orderly manner, with
no outside storage.
11. The applicants shall contact the Zoning Administrator to review this special
exception permit in two years from the approval date (August 2009) for
compliance with the conditions of this approval.
12. Any change or addition in ownership of the businesses, type of business, or
project details — including but not limited to expansion, signage, landscaping, or
lot/access changes — shall require review and approval by the Zoning
Administrator and in some circumstances through the special exception approval
process as stated in the Ordinance.
13. The applicants shall have one (1) year from the issuance of the special exception
permit to commence use of the site for the proposed clinic. Failure to do so shall
result in expiration of the special exception permit. If the special exception
permit expires before the business commences, the applicants will be required to
secure a new special exception permit before starting 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.
14. 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
amended or added without notice to the applicants and a public hearing.
15. Accepting this decision means that the applicants and property owners have read,
understand, and agree to all conditions of this decision.
Motion carried unanimously.
Application #2 Todd Domino — Special Exception
Motion by McAllister, second by Struemke to approve an after- the -fact special exception
permit for a contractor's storage yard in the Town of Troy based on the following
findings of fact and conclusions of law:
1. The applicant is Todd Domino, property owner and sole proprietor of Lawn
Barbers Lawncare, LLC.
2. The site is located in the SE' /4 of the NW 1 /4 of Section 3, T28N, R19W, Town of
Troy, St. Croix County, Wisconsin.
3. The applicant filed an application with the Board of Adjustment for an after -the-
fact special exception permit for a contractor's storage yard pursuant to Section
17.15(6)(d) of the St. Croix County Zoning Ordinance.
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4. This request does not violate the spirit or general intent of the St. Croix County
Zoning Ordinance in that a contractor's storage yard is an allowed use in the Ag
Residential District, which the property is currently zoned. The applicant lives on
the site and the primary appearance and use of the property will remain residential
consistent with the surrounding neighborhood. The detached storage garage and
outdoor storage area are screened by existing mature evergreen trees and a
forested hill. During the site visit on August 23, 2007, the Board members
observed that the outdoor storage yard is visible from White Oak Drive in the
vicinity of the old driveway, and may be visible from the adjoining property to the
west during winter, leaf -off conditions.
5. With conditions for continuing to maintain the property in a neat and orderly
manner, limiting the hours of operation, and enhancing the current level of
vegetation to screen the outdoor storage area so that it is not visible from White
Oak Drive, Gilbert Road, and adjacent residences, this request will preserve the
rural character of the area and will not be substantially adverse to property values
in the surrounding neighborhood.
6. With conditions restricting the storage and use of hazardous materials on the site
in the future and requiring vehicle maintenance to be done on an impervious and
contained surface, this request will not negatively impact the health, safety, and or
general welfare of the public. Traffic to the site from the business will be
minimal, and no customers will visit the site.
7. With conditions for enclosing the dumpster, limiting the hours of the operation
and any related activities on the site, and removing the brush pile that the Board
observed on the site visit on August 23, 2007, this request does not constitute a
nuisance by reason of noise, dust, smoke, odor or other similar factors as no
services or operations will occur on site, only the storage and movement of lawn
care equipment, snow plow equipment, trucks, trailers, and a bobcat.
8. The existing driveway entrance meets spacing requirements and the outdoor
gravel storage area meets the setback for parking areas pursuant to Section 17.60
of the St. Croix County Zoning Ordinance.
9. The Town of Troy Town Board recommends approval of this request.
10. At the hearing on August 23, 2007, adjoining property owners to the north, Jeff
and Julie Crockett, submitted a letter indicating support for the request, and
adjoining property owners to the west, Tammy and John Seibel testified in
opposition to the request due to concerns about visibility and noise.
With the following conditions:
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I . This after- the -fact special exception permit allows the applicant to store lawn
mowers and winter snow plow blades in a detached garage on the site, as well as
an enclosed dumpster, half -ton truck with a 10 -foot trailer and a one -ton truck
with a 14 -foot trailer and bobcat on a 11,200- square foot outdoor gravel parking
area as indicated in the plans submitted, and as provided in the conditions below.
The trucks, trailers, and bobcat shall be parked in the designated outdoor gravel
parking area at all times when on the site. This approval does not include any
additional structures, services, operations, or the storage of items other than those
listed above.
2. The applicant shall be responsible for obtaining all other required local, state, and
federal permits and approvals.
3. Access to and from the site shall be limited to the existing paved driveway only.
4. The applicant shall maintain and enhance the current level of mature trees, shrubs,
and vegetative cover to fully screen all outside storage areas related to the
business from White Oak Drive, Gilbert Road, and adjacent residences.
Specifically, the applicant shall identify the exact location of the property line to
the west, and on the applicant's side of the property line plant additional
evergreen trees and shrubs between existing pine trees. The additional trees and
shrubs shall be planted in a manner to screen the storage yard and all equipment
in it from the adjoining property to the west during winter, leaf -off conditions. All
plantings shall not be less than four feet in height at the time of planting, and shall
not exceed a height of approximately 10 feet at maturity. In the vicinity of the
abandoned driveway, the applicant shall plant a 10 -foot wide landscaped buffer
with native evergreen trees and shrubs at least six feet in height at the time of
planting to screen the storage yard from White Oak Drive. The landscaped buffer
shall attain 80 percent opacity at maturity. All vegetation shall be planted no later
than October 15, 2007.
5. No onsite retail sales, services, or operations other than what is provided in the
conditions shall be allowed. No brush, grass clippings, or other vegetative
material related to the business may be brought and/or stored on the site. The
existing brush pile shall be removed no later than October 15, 2007.
6. Hours of operation, including but not limited to dumpster maintenance, shall not
extend beyond 8:00 AM to dusk. The applicant shall be allowed to bring the
business vehicles to and from the site beyond the aforementioned hours.
7. No later than October 15, 2007, the applicant shall enclose the existing dumpster
and all refuse on the site related to the business with a three -sided structure to
screen it from adjacent properties and the road. The structure shall be either the
same color as the existing house and accessory structures, or earth tone in color to
harmonize with the natural surroundings on the site during summer, leaf -on
conditions. Any future dumpsters shall also be enclosed in the same manner.
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8. Upon complaints of regularly occurring, excessively loud noise at any time, the
applicant shall work with the Zoning Administrator to abate the noise problem. In
the event that the matter cannot be resolved administratively, the applicant shall
take the matter before the Board of Adjustment at a public hearing.
9. All vehicle maintenance must be done on an impervious and properly contained
surface.
10. No hazardous materials shall be stored or used on the site.
11. All lighting associated with the detached garage shall be located no higher than
the lowest eaves and illuminated downward and shielded away from neighboring
properties to prevent glare.
12. No signs or additional lighting are approved as part of this permit.
13. The applicant's property shall be maintained in a neat and orderly manner.
14. The applicant shall contact the Zoning Administrator to review this special
exception permit in two years from the approval date (August 2009) for
compliance with the conditions of this approval. These conditions may be
amended or additional conditions may be added if unanticipated circumstances
arise that would affect the health and/or safety of citizens or degrade the natural
resources of St. Croix County. Conditions will not be amended or added without
notice to the applicant and an opportunity for a hearing.
15. Any change in ownership of the property or change in project details — including
but not limited to expansion, signage, lighting, landscaping, or lot/access changes
— shall require prior review and approval by the Zoning Administrator and in
some circumstances through the special exception approval process as stated in
the Ordinance.
16. Failure to comply with the conditions of this approval within the timeframes and
provisions stipulated above shall be grounds for expiration or revocation. If the
special exception permit expires or is revoked, the applicant will be required to
secure a new special exception permit to continue the operation. Prior to
expiration or revocation, the applicants may request extensions of up to two
weeks from the Zoning Administrator. The total time granted for extensions shall
not go beyond November 15, 2007.
17. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
Motion carried unanimously.
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Application # 4 Robert and Margaret Siebenaler — After - the -Fact Special Exception
Motion by Struemke, second by McAllister to approve an after - the -fact special exception
permit for filling and grading less than 10,000 square feet in a slope preservation zone
that does not face the river and does not drain directly to the river and within 40 feet of a
slope preservation zone in the Lower St. Croix Riverway in the Town of St. Joseph based
on the following findings of fact and conclusions of law:
1. The applicants are Robert and Margaret Siebenaler, property owners.
2. The site is located at Government Lot 5, Section 27, T30N, R20W, Town of St.
Joseph, St. Croix County, WI.
3. On May 11, 2007, County staff members conducted a site visit and verified that the
applicants were in violation of the St. Croix County Zoning Ordinance for conducting
filling and grading activities on their property in the Lower St. Croix Riverway
District without obtaining the necessary special exception permits. On June 1, 2007,
County staff conducted another site visit with staff from the Wisconsin Department of
Natural Resources to determine what actions would be needed to bring the property
into compliance and restore the site. The applicants have installed silt fencing and
straw bales to control erosion, and planted vegetation to stabilize the site.
4. The applicants filed an application with the Board of Adjustment for after - the -fact
special exception permits for filling and grading less than 10,000 square feet in the
Lower St. Croix Riverway District in slope preservation zones that do not directly
face the river and do not drain directly to the river pursuant to Section 17.36 F.3.a.(4)
and for filling and grading within 40 feet of a slope preservation zone in the Lower
St. Croix Riverway District pursuant to Section 17.36 F.3.a.(5) of the St. Croix
County Zoning Ordinance.
5. County staff members conducted additional site visits in July and August after the
applications for after- the -fact special exception permits were submitted, and observed
fill piled around the bases of mature native hardwood trees (including burr oak, white
oak, red oak, ironwood, and walnut trees), erosion and sediment problems along the
top of the bluff, dead and dying vegetation in the disturbed area, and erosion control
measures that are not being maintained. When the Board of Adjustment visited the
site on August 23, 2007, it was apparent that the silt fence was not functioning
properly, sediments from the disturbed soil had passed through the silt fence and onto
adjoining property owned by Phillip Brooksbank, some straw bales had fallen down
the slope, erosion gullies had formed along the north face of the slope preservation
zone, and vegetative cover had not established successfully. The Board members also
observed a white 3 -inch PVC pipe that appeared to be discharging down the slope
toward the Brooksbank property. Fill also appeared to extend onto slopes over 25
percent in some areas, which is prohibited pursuant to Section 17.12(10) of the St.
Croix County Zoning Ordinance.
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6. The applicants' property features steep, heavily wooded slopes, ravines, and sandy
soils that all drain toward the St. Croix River. The filling and grading activities on the
site have increased the potential for erosion and sedimentation problems and damaged
numerous mature native hardwood trees. With conditions for properly maintaining
the erosion control measures until the site is fully stabilized with self - sustaining,
permanent native vegetation; removing fill from the bases of mature trees; restoring
native trees, shrubs, and groundcover on and within 40 feet of the slope preservation
zone; and submitting a storm water management plan to account for all existing
impervious coverage on site; this request:
• will not violate the spirit or general intent of the Lower St. Croix Riverway
District pursuant to Section 17.36 B.l.a.(1 -6) of the St. Croix County Zoning
Ordinance,
• will not negatively impact the public health, safety or general welfare of the
public, nor will it be substantially adverse to property values in the neighborhood,
• will not constitute a nuisance by reason of noise, dust, smoke, odor or other
similar factors, and
• will meet the filling and grading standards pursuant to Section 17.36 H.5 (a -b) of
the St. Croix County Zoning Ordinance.
7. The Town of St. Joseph Town Board recommends approval of this request provided
the Board of Adjustment concludes that there is sufficient current plantings to hold
the sandy soil in place during a heavy rain, and that there is no concern about erosion
down the bank. The Board of Adjustment concludes that the current plantings are not
sufficient and that there are concerns about erosion down the bank.
8. The St. Croix County Land and Water Conservation Department has reviewed the
application and visited the site, and has provided comments that several trees have fill
placed at the base and up the trunk, which will affect their chances of survival if not
removed as soon as possible, and that several of the species listed in the proposed
vegetation plan are not native to the area. Department staff also indicated that in the
applicants' attempt to address erosion occurring on the site, they did not address the
existing storm water problems other than creating a flat area for the storm water to
infiltrate, and in the process created other erosion problems. Department staff
recommends that the applicants create storm water features to account for the runoff
from all existing impervious coverage on the site to mitigate site conditions.
9. The Wisconsin Department of Natural Resources has reviewed the plans and visited
the site. Department staff verified that a Chapter 30 permit is not required, and
provided comments that if the applicants complete the plan for restoration as laid out
by the County, the Department of Natural Resources has no issues moving forward
with after - the -fact approval. Department staff recommends that site stabilization is
the most critical aspect of this project, and that erosion control could be improved.
10. At the hearing, letters from the adjoining property owner to the north, Phillip
Brooksbank, and the adjoining property owner to the south, Jane McCarthy, were
submitted for the Board's consideration. Mr. Brooksbank requested that the dirt and
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debris pushed onto his property be removed, erosion control on his property be
removed and rebuilt and maintained completely off his property, and that dirt be
removed from around the tree
trunks of trees on both sides of the property line. Ms.
McCarthy stated concerns about the care and maintenance of sandy banks and trees.
With the following conditions:
1. This after- the -fact special exception approval allows the applicants to address
erosion, sediment, and storm water problems in and within 40 feet of a slope
preservation zone as indicated in the plans submitted, and as provided in the
conditions below. Approval does not include any additional filling and grading,
structures, vegetation removal, or other activities.
2. The applicants shall be responsible for securing all necessary local, state, and
federal permits and approvals.
3. The Town of St. Joseph 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.
4. The applicants shall be responsible for maintaining and supplementing the
existing silt fencing and straw bales until the disturbed area is successfully
stabilized with permanent, self - sustaining native vegetation.
5. Within 20 days of this approval, the applicants shall submit to and have approved
by the Zoning Administrator a revised storm water management plan prepared by
a registered professional as identified in Section 17.36 H.7.b. of the St. Croix
County Zoning Ordinance designed to minimize erosion and sedimentation and to
infiltrate 100 percent of the storm water volume from all existing impervious
coverage on the site in accordance with the St. Croix County Zoning Ordinance.
The plan must be implemented and completed within 20 days of obtaining
administrative approval of the plan. On all slopes of 25 percent and greater as
measured over a horizontal distance of 50 feet, the applicants shall remove fill to
restore the original grade prior to the grading and filling activities. Restoration
shall occur in a manner that does not compromise the health and integrity of
existing trees. Upon approval from Phillip Brooksbank, the applicants shall also
be responsible for removing all dirt and sediments from the disturbed soil that had
passed through the silt fence and onto adjoining property owned by the
Brooksbanks, and shall remove the silt fence that extends onto the Brooksbank
property and properly reinstall it on their property.
6. Within 20 days of this approval, the applicants shall submit to and have approved
by the Zoning Administrator a revised vegetation management plan for the
disturbed areas in and within 40 feet of the slope preservation zone. Within this
area, the applicants shall plant native trees, shrubs, and groundcover suited for the
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soil conditions on the site in compliance with the vegetation management
standards in Section 17.36 H.B. of the St. Croix County Zoning Ordinance. All
trees planted within this area shall be at least two inches Diameter at Breast
Height (DBH) and placed no more than 12 feet apart and staggered parallel to the
river and ravine. The applicants shall implement and complete the vegetation
management plan immediately upon approval by the Zoning Administrator (as
weather allows).
7. Within 30 days of this approval, the applicants shall remove the excess fill from
around the bases of existing mature hardwood trees, and notify the Zoning
Administrator when this has been completed.
8. Within 30 days of this approval, the applicants shall submit to the Zoning
Administrator a Compliance Deposit in an amount equal to the application fee to
be held by the Zoning Administrator until all conditions of this approval have
been met, at which time the deposit will be refunded in full.
9. Within 30 days of obtaining approval from the Zoning Administrator, the
applicants must record an affidavit against the property referencing the approved
storm water management plan and vegetation management plan with the County
Register of Deeds, as well as operation and maintenance agreements for both to
ensure that storm water measures maintain long -term infiltration and that all
vegetation establishes successfully and is maintained long -term. The applicant
must also submit a copy of the recorded affidavit to the Zoning Administrator at
this time. The intent is to make future owners aware of the responsibilities
incurred in maintaining the storm water measures and native vegetation.
10. The applicants shall not use phosphorous fertilizers to establish and maintain a
lawn or other any other vegetation on the disturbed area of the site, unless a soil
test confirms that phosphorous is needed.
11. Any change or addition to the project shall require prior review and approval by
the Zoning Administrator, who may determine that the proposed change or
addition must go back to the Board of Adjustment through the special exception
approval process.
12. The applicants shall complete all restoration work on the site to the satisfaction of
the Zoning Administrator within the timeframes stipulated above. Failure to do
so within these timeframes shall result in the expiration and/or revocation of this
special exception permit. Prior to expiration and/or revocation, the applicants may
request extensions of up to two weeks from the Zoning Administrator. The total
time granted for extensions shall not go beyond November 15, 2007.
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
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be amended or added without proper notice to the applicant and an opportunity
for a hearing.
14. Accepting this decision means that the applicants and all property owners have
read, understand, and agree to all conditions of this decision.
Motion carried unanimously.
The meeting was adjourned at 4:20 p.m. by Chairman Malick.
Respectfully submitted,
Sue Nelson, Secretary Becky Eggen, Recording Secretary
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