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HomeMy WebLinkAboutBoard of Adjustment 11-29-07 ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, November 29, 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: January 3, 2008 E. UNFINISHED BUSINESS 1. Letter from Bernard Kopp — Calleja Special Exception Permit Traffic Concerns (Tabled October 25, 2007) 2. Micabren Acres Revocation — Hearing on Reconsideration Cancelled F. PUBLIC HEARINGS - See Public Notice (Attached) G NEW BUSINESS 1. Oevering Request for Reconsideration 2. Rickard - David Request for Reconsideration 3. Staff Update on Existing Permit Modifications and Compliance • Siebenaler Special Exception Permit — Condition Deadlines Not Met 4. Review of Court Reporters 5. Legal Update • Murr Oral Judgement H. ANNOUNCEMENTS AND CORRESPONDENCE I. ADJOURNMENT (Agenda not necessarily presented in this order.) SUBMITTED BY: St. Croix County Planning and Zoning Department DATE: November 19, 2007 COPIES TO: County Board Office County Clerk Board Members News Media/Notice Board * CANCELLATIONS /CHANGES /ADDITIONS jj +' PUBLIC HEARING NOTICE ie St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, November 29, 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 EXCEPTION 1. APPLICANT: Nels Ulsacker, St. Croix Meadows Mini Storage LOCATION: Town of St. Joseph ADDRESS: 1415 Hwy 35/64 REQUEST: Amendment to an existing special exception permit for a mini storage business to allow for the outside storage of vehicles in the Commercial District to pursuant to Section 17.18(1) of the St. Croix County Zoning Ordinance. VARIANCE 2. APPLICANTS: Arvold, Curtis & Melodie ** *WITHDRAWN * ** LOCATION: Section 25, T30N, R20W, Town of St. Joseph ADDRESS: 1389 Woodland Court REQUESTS: After - the -fact variance for two driveways serving one residential lot pursuant to Section 17.60(7)d. l l) of the St. Croix County Zoning Ordinance. RECONSIDERATION 3. APPLICANT: Feist, Michael - Micabren Acres, LLC ** *CANCELLED * ** LOCATION: NW 1 /4 of the NW '/a of Section 34, T30N, R18W, Town of Richmond ADDRESS: 1221 130' Avenue REQUEST: Public hearing to reconsider the revocation of a special exception permit for a horse boarding facility that was originally approved by the Board of Adjustment on October 26, 2006 for Micabren Acres, LLC in accordance with Article VIII, Sections 6 -8 of the St. Croix County Board of Adjustment Rules and By -Laws. 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 t BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES 611 v November 29, 2007 9 � The meeting was called to order by Chairperson Malick at 8:32 a.m. A roll call was made. Sue Nelson, Chuck Struemke, Chairperson Malick. Linda Luckey was absent and excused. Jerry McAllister appeared at 8:43 a.m. Staff included: Jenny Shillcox, Zoning Specialist; Kevin Grabau, Code Administrator; David Fodroczi, Director and Becky Eggen, Recorder. Staff confirmed to the Board that this was a properly noticed meeting. The next meeting for the Board is scheduled for Thursday, January 3 2008 at 8:30 a.m. in the County Board Room of the Government Center in Hudson. Chairman Malick opened the meeting. Testimony was taken and recorded by Patti A. Meyer, court reporter from Q & A Court Reporters. New Business: Business• Oeverinaand Rickard -David Requests for Reconsideration Requests for Reconsideration Ryan Cari, attorney for Kenneth Oevering, Oevering Homes, LLC, Jennifer Rickard and Concrete Design Construction, LLC, signed an oath and spoke to the two requests for reconsideration. If the Board allows the applicants to present their applications, he feels that the Board will change its decisions. At the October 25, 2007 Board of Adjustment hearing the testimonies given by the Baileys and Mr. Walton were rebuttal arguments made out of spite. The applicants have had numerous cases against them from the Baileys and the Waltons that have all been dismissed. Kenneth and Oranzo Oevering and Travis David are good neighbors and citizens who are self employed. Mr. Oevering's property has a model home on it with a shed that houses lawn care equipment that is used to mow the lots of the subdivision. Mr. David runs a masonry business. The applicants will bring in pictures to show that the businesses are not a threat to neighbors and have not caused any disturbances or nuisances. Mr. Can' asked the Board to consider the Town's recommendation and the folks that have harassed the applicants and hopefully rethink the decision. Oranzo Oevering, did not sign the oath, but spoke in favor of the Oevering reconsideration. There are several home businesses within a mile radius of his model home that have sheds bigger than what he is trying to get approved. The next door neighbors have never had any issues or complaints. Mr. Bailey and Mr. Walton have made Oevering's life miserable. Mr. Oevering would like to do things legitimately. In regard to statements #5 and #6 in the Affidavit that was submitted to the Board with the request, Mr. Oevering said he was in Jenny Shillcox's office when he was told there should not be any issues with the application since he is not living in the home and the Town of Richmond had already approved the application. t , • J � Kenneth Oevering, owner of the property, did not sign the oath, but spoke in favor of the reconsideration. He lives in the home occasionally since he is now retired. The tractor is an average sized tractor that is used for mowing lots in a subdivision. The tractor is brand new, and he does not want it stored outside. Travis David, did not sign the oath, and spoke in favor of the Rickard -David reconsideration. He would like to build a shed to keep his concrete equipment neat and clean and so people do not have to look at the equipment out in the yard. Mr. David recalls being told by Jenny Shillcox that the Board normally approves these types of applications, but he might have to abide by some different rules. He received the staff report from the County with a recommendation to approve and did not feel it necessary to appear at the hearing in October. Jenny Shillcox, St. Croix County Land Use Specialist, took an oath and denied any statements made to the effect that the special exception process was a mere formality as was stated in the affidavits of Oranzo Oevering and Travis David. She also denied that statements were made that the Board would approve the applications. Statements were made to the applicants that she didn't see any major issues with the applications, but the Board makes all final decisions. Staff did not know the Town of Richmond's recommendation until staff made a request to the Town. No one spoke in opposition to the request. _Analication # 1 Nels Ulsaker, St. Croix Meadows Mini Storage — Special Exception Amendment The applicant requested an after - the -fact special exception amendment for outside storage of vehicles, RVs, trailers, and boats at an existing mini storage business, St. Croix Meadows Mini Storage, in the Commercial District in the Town of St. Joseph. In 1997, the St. Croix County Board of Adjustment (Board) approved a special exception permit for the applicant to construct a storage building with 30 storage units. Last year, the Board approved an amendment that allowed the applicant to construct two additional storage buildings. Condition #4 of the Board's 2006 special exception decision required the applicant to remove existing junk from the site, including junk vehicles, RVs, and other equipment that had been stored on a gravel parking area, and states, "No items or materials may be stored outside." Staff presented the application and the staff report. The St. Joseph Town Board is opposed to any outside storage of any kind on the property and recommended denial of the request. The St. Croix County Land and Water Conservation Department was sent a copy of the application but did not submit any comments. The Wisconsin Department of Transportation was sent a copy of the application but did not submit any comments. Based on the findings of fact and conclusions of law, staff recommended denial of the amendment request. Although staff found that, with conditions, the request would be a 2 reasonable and appropriate use in the Commercial District and would be consistent with applicable standards in the Ordinance, the Town of St. Joseph Town Board did not approve of it. William Radosevich, attorney for the applicant, signed an oath and spoke in favor of the request. Mr. Ulsaker has been at the property since 1991. Five years prior to his ownership, there had been outside storage. The buildings are new, neat and clean, and they blend in. The storage units are a benefit to the neighboring mobile home park. The storage units allow for vehicles to be removed from the front of the homes and in cul -de- sacs. If the rule is that Town approval is needed in order to approve the request, why do the applicants apply for the amendment? The Board is free to exercise their own judgment. Radosevich wanted the Board to look at the merits of this application and base its decision on the facts and not on the Town's recommendations. Heidi Kanieski, employee of Mr. Ulsaker, signed an oath and spoke in favor of the request. They were asked to remove all junk (cars that didn't run and cars without tabs, etc.) with their previous special exception permit, which was done. They paved the area which will be a waste if it can not be used for outside storage. Kanieski was not aware of any complaints. She was told by the St. Joseph Town Chair that all the complaints had been sent to the County. Nels Ulsaker signed an oath and spoke in favor of the request. He apologized that he had misread the previous decision and thought that it would allow him to store running vehicles once the junk was cleaned up. The cars are from the mobile home park. Ninety percent of the items at the mini storage is from the mobile home park. The people in the mobile home park are just like everyone else and need to have a place to store their toys. Ulsaker thought that he would possibly build a new building the spring of 2009 that would screen the outside storage to the west. Barbara Zak, owner of Badger State Storage, signed an oath and spoke in opposition to the request. Badger State Storage is located directly across the road from St. Croix Meadows mini storage. When they applied for their special exception permit that was approved, they were given specific conditions of no outside storage. They have a 5 -acre lot that was just finished being developed. If they were allowed to have outdoor storage, it would have created income. They built storage units with big doors to accommodate boats and RV's a year ago which are still empty. She asked that their mini storage business be on the same playing field as St. Croix Meadows mini storage with the same rules. Some of her renters are from the mobile home park. Unfinished Business: Micabren Acres Revocation Nick Vivian, attorney for Micabren Acres, LLC, signed an oath and spoke in regard to the revocation. Mr. Feist has recorded a CSM to combine lots 18, 19, and 20 with the Register of Deeds office. A land contract has also been submitted to the Register of Deeds to be recorded. In regard to the $10,000 surety and the unambiguous letter from the bank, the lender was concerned with writing the letter that could be legally binding with the housing market the way it is. Mr. Vivian was told that the bank was not going to 3 write a letter, and then a letter was submitted by the lender. Feist does not have $10,000 liquid cash. The letter of credit that was submitted was from his mother -in -law's bank in Rosemont. Mr. Vivian asked the Board to consider drawing on the letter of credit rather than requiring other forms of surety. County staff subsequently checked in the Register of Deeds Office and found a recorded copy of the CSM, but did not find a copy of the land contract on file. The Board recessed for a break at 10:13 a.m. The Board reconvened at 10:28 a.m. Unfinished Business: Letter from Bernard Kopp - Calleia Special Exception Permit Traffic Concerns Randy Calleja signed an oath and spoke in response to a letter submitted by his business neighbor, Bernard Kopp, regarding traffic concerns. Calleja watched traffic one weekend when there was a 300 person event taking place, and only one car turned around in Kopp's parking lot. Trees have recently fallen down, making the existing sign for Calleja's business more visible. He has not applied for a DOT directional sign, but is waiting for the application from DOT and St. Croix County Highway Department. He will apply for a DOT green and white directional sign in the ROW of Highway 65. The Highway Department has money allocated toward that intersection for other traffic management improvements. Mr. Calleja will copy the Zoning Administrator on all the applications that he completes and will apply for a Land Use Permit for a county directional sign if the DOT sign does not work out. New Business: • Siebenaler Special Exception Permit Update: Condition deadlines have not been met. Staff will continue to take enforcement action. • Review of Court Reporters: Board of Adjustment By -Laws does not require a court reporter be present at the hearings. All hearings must be recorded. Staff may look into using the video recorder or the recorder in the County Board Room. Court Reporters can transcribe the cassette tapes. • Murr Oral Judgment: Judge Vlack made an oral judgment and reversed the Board's decision, except the Board's denial of a variance to sell and develop two contiguous substandard lots in common ownership as separate lots. The Board will schedule a special meeting regarding the judgment. Minutes Motion by Nelson to adopt the revised minutes, second by Struemke. McAllister abstained. Motion carried. 4 t Decisions After hearing the testimony and reviewing the material in the record, the Board rendered the following decisions: Unfmished Business: - Calleja Special Exception Permit Motion by Struemke, second by McAllister to table the discussion on Mr. Kopp's complaint letter for several months. This item will appear on the agenda for continued discussion at the March 27, 2008 meeting. The Board has requested an update from Mr. Calleja on the progress in securing directional signage to address the concerns. The update needs to be submitted no later than March 14, 2008. The Board also requested an update from Mr. Kopp by March 14, 2008 on whether or not he still has legitimate concerns. Motion carried unanimously. Oeverinz/Rickard Request for Reconsideration Motion by Struemke, second by Nelson to reconsider the application at the January 3, 2008 hearing. McAllister abstained. Motion carried. The Board recessed at 11:26 for lunch and a site visits. The Board reconvened at 1:20 p.m. Application # 1: Nels Ulsaker, St. Croix Meadows Mini Storage — Special Exception Amendment Motion by Struemke, second by McAllister to table the after- the -fact special exception amendment until the regularly scheduled March meeting if the applicant: • Submits a revised landscaping/vegetation plan that provides screening along the entire southern border of the facility to bring it into compliance with the 2006 Board of Adjustment special exception decision, as well as screening along the entire western border of the facility to address aesthetics, environmental impact, security, safety, impact upon local residents and traffic. The revised plan shall feature a buffer at least 10 feet in width with native evergreen trees and shrubs at least six feet in height at the time of planting to better screen the parking lot and buildings associated with the mini storage facility and retain the rural character and natural beauty of the area. The landscaped buffer shall achieve 80% opacity at the time of planting. The plans must be submitted no later than February 4, 2008. • Bring the facility into compliance with the 2006 Board of Adjustment special exception amendment decision by removing all items stored outside, including but not limited to boats, RVs, trailers and vehicles. All of the items must be removed no later than January 1, 2008. 5 In the event that these deadlines are not met, then the requested amendment is denied. If these deadlines are met, the Board will take up the application at its regularly scheduled March 27, 2008 meeting. Motion carried unanimously. The meeting was adjourned at 3:27 p.m. by Chairperson Malick. Respectfully submitted, �5L Sue Nelson, Secretary Becky Eggen, Rec i Secretary 6