HomeMy WebLinkAboutBoard of Adjustment 03-23-07 ST. CROIX COUNTY BOARD OF ADJUSTMENT
Friday, March 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: April 26, 2007
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS - See Public Notice (Attached)
G NEW BUSINESS
1. Board of Adjustment By -Laws Revisions
2. Legal Update
H. ANNOUNCEMENTS AND CORRESPONDENCE
L ADJOURNMENT
(Agenda not necessarily presented in this order.)
SUBMITTED BY: St. Croix County Planning and Zoning Department
DATE: March 2, 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 Friday, March 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. APPLICANT: Anderson, Doug
LOCATION: NW ' /4 of the NE' /4 of Section 28, T28N, R19W, Town of Troy
ADDRESS: 187 Townsvalley Road
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.
2. APPLICANTS: Paul, Randall & Linda
LOCATION: NW ' /4 of the SE' /4 of Section 1, T29N, R17W, Town of Hammond
ADDRESS: 1143 205"' Street
REQUEST: Special exception request to operate a bait shop as a major home occupation in the Ag
Residential District pursuant to Section 17.15(6)(r) and subject to the standards in
Section 17.155 of the St. Croix County Zoning Ordinance.
SPECIAL EXCEPTIONS AND VARIANCES
3. APPLICANT: Opitz, Lyndly
LOCATION: 1 /4 of ' /4 of Section 24, T28N, R20W, Town of Troy
ADDRESS: 192 Cove Court
REQUESTS: Item #1: Amendment to an existing special exception permit to install structural
erosion control measures in the slope preservation zone in the Lower St. Croix
Riverway District pursuant to Section 17.36 F.3.a.7) and subject to the performance
standards in Section 17.36 HA of the St. Croix County Zoning Ordinance.
Item #2: Addendum for an additional special exception permit for a stairway in the
Lower St. Croix Riverway District pursuant to Section 17.36 F.3.a.3) and subject to
the performance standards in Section 17.36 H.12 of the St. Croix County Zoning
Ordinance.
Item #3: Addendum for an additional variance for filling and grading in the slope
preservation zone in the Lower St. Croix Riverway District to add a storm water
retention pond pursuant to Section 17.36 H.3.c of the St. Croix County Zoning
Ordinance.
SPECIAL EXCEPTION PERMIT REVOCATION
4. OWNER: Feist, Michael - Micabren Acres, LLC
LOCATION: NW ' /4 of the NW ' /4 of Section 34, T30N, RI 8W, 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
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BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
March 23, 2007
The meeting was called to order by Chairperson Buck Malick at 9:43 a.m. A roll call
was made. Chairperson Buck Malick, Linda Luckey, and Jan Zoerb were present. Chuck
Struemke and Sue Nelson were absent. Staff included: Jenny Shillcox, Zoning
Specialist; David Fodroczi, Planning and Zoning Director; Kevin Grabau, Code
Administrator; 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, April 26"', 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
Gina M. Lekie, court reporter from Q & A Court Reporters.
Application #I: Doug Anderson — Special Exception
The applicant requested an after -the -fact special exception permit for a contractor's
storage yard on a six -acre parcel in the Ag Residential District in the Town of Troy. The
applicant owns and operates North Side Container, a business that rents roll -off boxes to
contractors for construction site debris.
Staff presented the application and the staff report. The Town of Troy requested that the
request be tabled until the Town Board had an opportunity to review the application.
Doug Anderson signed an oath and spoke in favor of the request. Currently he is
operating as a small business and would like to keep it on his property. He sees the
business growing in the future, in the next 3 -5 years, and intends to move the business to
a commercial area for better road access. Currently when he leaves his home with the
roll -off boxes, he leaves South due to the noise of the empty boxes out of respect for the
neighbors. With this season being the slowest he has ever seen, Anderson has not had
more than 12 roll -off boxes on his property at one time. Anderson does not have a
problem with planting more vegetation if his father were to move from the adjoining
property.
Duane Anderson, applicant's Father and adjoining property owner, signed an oath and
spoke in favor of the request. Anderson feels this small business has no impact on the
neighborhood. The applicant purchased the business with 27 roll -off boxes with accounts
in the cities and picked up some local accounts. There are three culverts diverting water
on Townsvalley Road. It is scheduled to be resurfaced and rebuilt. The culverts will be
replaced on the west side of Townsvalley road due to the water run -off. Anderson feels
the applicant has ample room to store the boxes on his property.
No one testified in opposition.
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Application #2: Randall & Linda Paul — Special Exception
The applicants requested a special exception permit for a major home occupation to
operate a bait shop on a 37.5 -acre parcel in the Ag Residential District in the Town of
Hammond. The applicants currently live on the parcel and would like to operate a bait
shop out of an existing 3,200- square foot pole shed.
Staff presented the application and the staff report. The Town of Hammond was sent a
copy of the application for review, but the Town Board did not submit a recommendation
on the request. The Wisconsin Department of Natural Resources reviewed the
application and informed staff of no concerns regarding the state water regulations. Pete
Skorseth, Environmental Engineer, provided discharge management practices that could
be implemented to help assure that human health and the environment is protected even
though a permit is not required. He also confirmed that the applicants must purchase a
bait dealer's license. Harvey Halvorson, Private Lands Wildlife Biologist, confirmed that
the pond on the applicants' property was completed in 2001 with a Chapter 30 permit and
an agreement with the Department and the US Fish and Wildlife Service to create
shallow water wildlife habitat.
Linda Paul, applicant and property owner, signed an oath and spoke in favor of the
request. The property is the Pauls primary residence and they have no intentions to make
the business any bigger than what is proposed. There are no plans to put up any signs.
They may advertise when they first open to let the public know in the local newspaper;
the main goal is just to get the people that are already on the way to Pine Lake. The Pauls
do not want to be a big business and would like to stay within the Major Home
Occupation classification of the St. Croix County Zoning Ordinance. There will be three
or four months out of the year that there will be no activity at all. The Pauls have
obtained their DNR licenses. They are not looking at raising minnows in the DNR -
made pond at this time. The vending machine that will be on the site does not have to be
lit. The purpose of the vending machine is to get the people in and out faster with more
convenience. At this point the Pauls are not concerned with security; they may possibly
put up a camera in the future. The bait shop will only have a few incidental items
available for sale such as minnow buckets and scoops; otherwise they will have too much
overhead if they were to carry more.
Dan Schmitt, an adjoining property owner and member of the Pine Lake Association,
signed an oath and spoke in favor of the request. Schmitt has lived next to the applicant
for 15 years. They have a nice, attractive property with no lighting currently. There is
traffic already heading to Pine Lake. The bait shop would have no negative impact on
the area.
Mike Brandenberg, property owner to the west, signed an oath and spoke in opposition to
the request. Brandenberg does not feel there is a need of a bait shop on the way to Pine
Lake since there is currently a bait shop within 7 miles of the lake. He feels that starting
out as a small business it will only grow bigger. With a bait shop come the convenience
items of snacks, pops, reels, and line. All it would take is to rezone the property and the
applicants could have a retail business. Having a small business you have to advertise.
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Brandenberg is concerned with signs on every corner and taking away the country feeling
with more traffic and signs everywhere. There is not ample room to turn a truck and boat
around on the driveway. The only other option is parking on the road. Commercial use
buildings have to follow State Code; the applicant has not gotten any building approvals.
All in all Mr. Brandenberg does not feel there is a need for a bait shop.
Application #4• LyndlyOptiz - Special Exception Amendment
The applicant requested amendments to the plans approved by variance by the Board of
Adjustment on March 23, 2006 for the following items in the Lower St. Croix Riverway:
Item #1: Special Exception for Structural Erosion Control Measures in the Slope
Preservation Zone.
Item #2: Special Exception for a Stairway.
Item #3: Variance for Filling and Grading in the Slope Preservation Zone for a
Retention Pond.
Staff presented the application and the staff report. The Town of Troy was in the process
of reviewing the requests under its Riverway Ordinance. The Town Board was meeting
on this request on April 12, 2007 and did not submit a recommendation for the Board's
consideration. The St. Croix County Land and Water Conservation Department reviewed
the revised storm water and structural erosion control measures and did not object to the
requests, but recommended that the structural erosion control measures be screened from
the river with native vegetation. The Wisconsin Department of Natural Resources
reviewed the application and recommended that any approved amendments should
require maximum native vegetative screening from the river, including fast growing
species as well as hardwoods. It was also recommended that the wooden stairway
coming from the cabin be aligned perpendicular to the river within the profile of the deck
to make it less visually intrusive and consistent with the intent of the Riverway
Ordinance. Also, additional grading to facilitate the additional storm water retention and
infiltration area could be approved as an amendment to the previously approved variance
since it is within the necessary disturbed area for the reconstructed cabin, or denied if the
Board feels the roofline should be altered to drain runoff to the existing storm water
pond.
Lyndly Opitz, signed an oath and spoke in favor of the request. His main goal with this
project is to keep the natural beauty of the river. The property was an eye sore to the
river before he purchased it. There is about 700 - square feet on the main floor. There
were only about 3 dead trees removed. He would like to keep the view of the river that
was originally there since that was the main reason why he purchased the property. He is
not okay with the maximum screening. Everything done on the property has been an
improvement to the slope preservation. The applicant's landscape architect is from the U
of M and has no problem with moving the stairs on the deck.
No one testified in opposition.
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The Board recessed at 10:50 a.m. and reconvened at 11:03 a.m.
Application #4: Michael Feist, Micabren Acres — Special Exception Revocation
On October 26, 2006, the Board of Adjustment approved two special exception permits
allowing the applicant to operate an equestrian center and to exceed one animal unit per
acre up to a total of 175 horses and 50 cattle in the Ag Residential District in the Town of
Richmond. The applicant has not complied with several of the time - sensitive conditions
of the Board's approval. A personal check for the compliance deposit has been returned
unpaid due to non - sufficient funds. The applicant's attorney informed staff that the
anticipated financing for the project had fallen through and they are currently pursuing
alternative financing to fund it.
Nick Vivian, attorney representing Michael Feist, signed an oath and spoke in reference
to the special exception revocation. There are a number of conditions that Michael Fiest
can begin complying with. Mr. Feist is working with a company that will make the signs
that go along the property. Manure can be removed by the middle of April at the very
latest. Mr. Feist is working with the Town of Richmond to get documentation about
combining the lots 18, 19, and 20. The Town of Richmond Chair, Warren Bader, was
contacted regarding the lots and the Town does not want to combine them. Mr. Feist is
working to refinance the property from Riding Meadows, LLC to Micabren Acres, LLC.
The property will be brought into compliance but not within 30 days. Mr. Vivian would
like 60 days to get the property in compliance.
Michael Feist, signed an oath and spoke in reference to the special exception revocation.
He is currently working with a financing broker out of Wisconsin that deals with horse
boarding facilities. Papers were signed and the loan was closed; however, no money
showed up to the bank account. Now, the broker and Mr. Feist are working with a
different finance company to get the financing. The manure pile was almost gone
roughly around the 1 St of September, 2006. Through the winter it built back up and now
the ground is too soft to get it removed. It will take roughly one week to get the manure
pile removed. Mr. Feist will be changing from straw to wood shavings. There are plans
to build a building to keep the dumpsters for the manure and to sell 35 horses this year.
The Board members recessed for lunch and site visits at 11:35 a.m.
The Board reconvened at 2:55 p.m.
Minutes
Motion to approve minutes as amended by Zoerb, second by Malick. Motion carried
unanimously.
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DECISIONS
After hearing the testimony and reviewing the material in the record, the Board rendered
the following decisions:
Doug Anderson- Special Exception
Motion by Zoerb, second by Luckey to approve the application as recommended by staff
based on the following findings and conclusions of law:
1. The applicant is Doug Anderson, property owner and owner of North Side
Container.
2. The site is located in the NW '/ of the NE % of Section 289, T28N, R19W, Town
of Troy, St. Croix County, WI.
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.
4. The existing driveway entrance meets spacing requirements pursuant to Section
17.60 of the St. Croix County Zoning Ordinance. The applicant's storage area
also appears to connect to his father's driveway on the adjoining property to the
south. The applicant's father owns the adjoining property to the east and south,
and the applicant's brother owns the adjoining lot across Townsvalley Road to the
west.
5. 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 use of the property will remain residential consistent with
the surrounding neighborhood.
6. With conditions for maintaining the property in a neat and orderly manner,
sustaining an adequate level of vegetation to screen the parking and outdoor
storage areas so that they are not visible from Townsvalley Road and adjacent
residences, and for delineating the designated storage area, this request will
preserve the rural character of the area and will not be substantially adverse to
property values in the surrounding neighborhood.
7. With conditions restricting the storage of hazardous materials 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 will be minimal with the proposed one -man operation.
The roll -off containers will be used for construction debris and will not be used
for the storage or disposal of hazardous materials at any time. Only empty
containers will be stored on the site.
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8. 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 one straight -bed truck and roll -off boxes.
9. The Town of Troy has not submitted a recommendation for approval or denial of
this request.
With the following conditions:
1. This after- the -fact special exception permit allows the applicant to store one
straight -bed truck and up to a dozen empty roll -off boxes for North Side
Container on his site as indicated in the plans submitted on January 30, 2007, and
as provided in the conditions below. Storage shall be limited to the 2,400 - square
foot area designated on the plans, and the only items to be stored in this area shall
be roll -off boxes and /or the straight -bed truck. The boundaries of this storage area
shall be indicated by durable markings, curbing, and /or stakes that must remain in
place for the duration of the operation. The truck shall be parked in this
designated storage area or next to the pole shed. This approval does not include
any additional structures, services, activities, or operations, or the storage of items
other than the straight bed truck and roll -off boxes.
2. The Town of Troy and any other interested party or agency 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. The applicant shall be responsible for obtaining all other required local, state, and
federal permits and approvals.
4. Access to and from the site shall be limited to the applicant's driveway only.
5. The applicant shall maintain and enhance the current level of trees and vegetative
cover to adequately screen all outside storage and parking areas related to the
business from Townsvalley Road and adjacent residences. Along the south side of
the applicant's driveway, the west property line along Townsvalley Road, and the
south property line, the applicant shall extend 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 roll -off box storage area. The landscaped buffer shall attain
80% opacity at maturity. This buffer shall be planted this spring as soon as
weather allows. The applicant shall notify the Zoning Administrator if the
adjoining property owned by his father and brother changes ownership, at which
time the Board of Adjustment may consider the need for further buffering and
screening.
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6. No later than June 15, 2007, the applicant shall submit to the Zoning
Administrator photos of the plantings, as well as the markings, curbing, and /or
stakes delineating the storage area.
7. No retail sales, services, or other activities shall be allowed on the site.
8. Normal hours of operation shall be limited to 7:00 AM to 5:00 PM Monday -
Saturday.
9. No hazardous materials shall be stored in the roll -off boxes or elsewhere on the
site.
10. All vehicle maintenance must be done on an impervious and properly contained
surface.
11. No signs or additional lighting are approved as part of this permit.
12. Any future lighting associated with the business must be downward directed and
shielded away from neighboring properties to prevent glare and shall have prior
approval by the Zoning Administrator (see Condition #16 below).
13. 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.
14. The applicant's property shall be maintained in a neat and orderly manner.
15. The applicant shall contact the Zoning Administrator to review this special
exception permit in two years from the approval date (March 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.
16. 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.
17. Failure to comply with the conditions of this approval within the timeframes and
provisions stipulated shall be grounds for revocation. If the special exception
permit is revoked, the applicant will be required to secure a new special exception
permit to continue the operation.
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18. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
Motion carried unanimously.
Randall & Linda Paul — Special Exception
Motion by Zoerb, second by Malick to approve the application recommended by staff
based on the following findings and conclusions of law:
1. The applicants are Randall and Linda Paul, property owners and operators of the
proposed home occupation.
2. The site is located in the NW '/ of the SE '/ of Section 1, T29N, R17W, Town of
Hammond, St. Croix County, WI. The site is in the Ag Residential District.
3. The applicants filed an application with the Board of Adjustment for a special
exception permit for a major home occupation to operate a bait shop in the Ag
Residential District pursuant to Section 17.15(6)(r) and subject to the standards of
Section 17.155 of the St. Croix County Zoning Ordinance.
4. The proposed major home occupation will occupy an area of an existing pole shed
not to exceed 256 square feet. The shed currently meets the height limitations for
accessory structures and all required setbacks.
5. This request does not violate the spirit or general intent of the St. Croix County
Zoning Ordinance. Major home occupations are allowed in the Ag Residential
District with a special exception permit provided all standards can be met.
6. With conditions limiting the hours for the outdoor bait vending machine and
restricting sales to only earthworms, waxies, leeches, and minnows and their by-
products raised on the site, the proposed major home occupation meets all of the
general standards for home occupations pursuant to Section 17.155(4)(a) -(h), as
well as standards specific to major home occupations pursuant to Section
17.155(6)(a) -(f) of the St. Croix County Zoning Ordinance. Granting this request
will allow a small locally owned and operated business to provide bait for fishing
on nearby Pine Lake, as well as wholesale bait and fertilizer products to a broader
area. The proposed major home occupation will be secondary to the principal use
of the property as the applicants' residence, and incidental to the agricultural use
of the site for the raising of worms, waxies, leeches, and minnows, all of which
are allowed as agricultural uses in the Ag Residential District.
7. With conditions requiring the applicant to follow discharge management practices
as provided by the Wisconsin Department of Natural Resources and obtaining
DATCP and any other required local, state, or federal approvals for the building,
this request will not be contrary to the health, safety or general welfare of the
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public. According to the applicants, the raising and keeping of worms, waxies,
leeches, and minnows will not present any health hazards to area residents,
employees, or customers.
8. This request will not be substantially adverse to property values in the
neighborhood. Daily traffic to the site is expected to be minimal and local traffic
in the area is not expected to increase since the home occupation will target
people on their way to go fishing at Pine Lake. The proposed major home
occupation will be located within an existing pole shed on a residential parcel and
will not detract from the rural character of the surrounding area. The outdoor bait
vending machine, however, is not an item generally found in a rural residential
neighborhood, and the fact that it needs to be visible to customers during the day
and night presents challenges for screening. With conditions for limiting the
lighting and hours of operation, and providing screening for the outdoor bait
vending machine, it would be compatible with surrounding residential
development.
9. An adjoining property owner testified at the public hearing in favor of the request,
and another testified against it.
10. This request would not constitute a nuisance by reason of noise, dust, smoke, odor
or other similar factors since no loud noises, smoke, or strong odors will be
produced, and no chemicals or hazardous materials will be used or stored on the
site.
11. St. Croix County is currently under a six -month moratorium that does not allow
new permanent signs to be erected. The moratorium will be over on July 1, 2007,
at which time it is anticipated that the County Board will enact new County sign
regulations. Any signage for the business will have to comply with the new sign
regulations.
12. The Town of Hammond has not submitted a recommendation on this request.
13. The Wisconsin Department of Natural Resources has reviewed the application
and informed staff that it does not have any concerns regarding state water
regulations. The Department has also verified that the proposed major home
occupation does not require a discharge permit, but has provided discharge
management practices that can be implemented to help assure that human health
and the environment is protected even thought a permit is not required. Finally,
the Department confirmed that the applicants must purchase a bait dealer's license
and that the pond on the applicants' property was completed in 2001 with a
Chapter 30 permit and an agreement with the Department and the US Fish and
Wildlife Service to create shallow water wildlife habitat.
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With the following conditions:
1. This special exception permit allows the applicants to sell only earthworms,
waxies, leeches, and minnows and their by- products raised on the site, as well as
containers and scoops for the products being sold from the designated 256- square
foot room and outdoor bait vending machine indicated in the plans submitted by
the applicant, and as provided in the conditions below. Approval for this special
exception permit does not include the sale of any products not raised on the site,
additional structures, services, or activities. This special exception permit shall
not be transferable from person to person or address to address.
2. The Town of Hammond and any other interested party or agency 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 operation of the major home occupation, the applicants shall
obtain and submit to the Zoning Administrator copies of any other required local,
state, or federal permits, licenses and approvals, including but not limited to
approval from the Wisconsin Department of Commerce for the building and any
necessary licenses and/or permits from the Wisconsin Department of Natural
Resources.
4. Prior to commencing operation of the major home occupation, the applicants shall
plant additional trees and shrubs to substantially screen all parking areas and the
outdoor bait vending machine from adjacent residential properties and public
roads, and submit to the Zoning Administrator photo documentation of the
landscaping. This shall be accomplished with a landscaped buffer at least 10 feet
in width and at least six feet in height at time of planting. The landscaped buffer
shall attain 80 percent opacity at maturity.
5. Prior to commencing operation of the major home occupation, the applicants shall
submit to and have approved by the Zoning Administrator a discharge plan
consistent with the management practices provided by the Wisconsin Department
of Natural Resources. This plan shall include:
• An infiltration area on the site designed to handle the volume of minnow
tank overflow water discharging from the perforated pipe. This will help
prevent the spread of invasive species and recharge the groundwater
aquifer.
• Documentation that the use of chemical additives in the minnow tanks will
be minimized.
• Documentation on the handling and disposal of dead minnows to
minimize the potential for nuisance odors and vector attraction, and to
manage nutrients.
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6. Normal hours of operation shall be limited to 8:00 AM to 10:00 PM daily.
7. Upon complaints of regularly occurring, excessively loud noise at any time, the
applicant shall work with the Zoning Administrator to abate the noise problem. In
the event that the matter cannot be resolved administratively, the applicant shall
take the matter before the Board of Adjustment at a public hearing.
8. The applicants shall have no more than one employee in addition to themselves.
9. The applicants shall be responsible for keeping the property in a neat and orderly
manner. No materials or equipment, other than the outdoor bait vending machine,
shall be stored outside or be allowed to accumulate on the property.
10. All lighting associated with the major home occupation shall 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. The outdoor bait
vending machine shall not be illuminated, except indirectly by the building lights.
11. No signs are approved as part of this permit. Any future signage shall require
prior review and approval by the Zoning Administrator pending the new County
sign regulations.
12. The applicants shall be responsible for contacting the Zoning Administrator to
review this special exception permit in two years from the approval date for
compliance (March 2009). These conditions may be amended or more 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 changed without notice to the applicant and opportunity for
a hearing.
13. Any minor change or addition to the major home occupation, including but not
limited to a change in use or facilities, or the addition of services or staff shall
require prior 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.
14. Accepting this decision means that the applicants and all property owners have
read, understand, and agree to all conditions of this decision.
The following vote was taken to approve: Zoerb, yes; Luckey, no; Chairperson Malick,
yes. Motion carried.
The Board recessed for the day at 5:10 p.m.
The Board reconvened on Monday, March 26, 2007 at 12:31 p.m.
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Michael Feist- Micabren Acres, LLC
Motion by Zoerb, second by Luckey to revoke the special exception permit for Item #2.
based on the findings of fact and conclusions of law:
1. The applicants are Michael Feist, Micabren Acres, LLC and Riding Meadows,
LLC.
2. The 40 -acre site is located on Lots 18, 19, and 20 of the Riding Meadows North
subdivision in the NW '/ of the NW '/ of Section 34, T30N, RI 8W, Town of
Richmond, St. Croix County, WI.
3. On October 26, 2006, the St. Croix County Board of Adjustment approved two
special exception permits allowing the applicants to operate a horse boarding,
training, and breeding facility pursuant to Section 17.15(6)(m) of the St. Croix
County Zoning Ordinance (referred to as Item #1) and to exceed one animal unit
per acre pursuant to Section 17.15(6)(o) of the St. Croix County Zoning
Ordinance (referred to as Item #2).
4. The applicants have failed to comply with Conditions #3 - #9 of the St. Croix
County Board of Adjustment's special exception decision as outlined below:
a. An affidavit has not been filed with the Register of Deed's office
referencing the Board's special exception decision pursuant to Condition
#3.
b. Photographs of signs posted on the applicants' property in Micabren Acres
and Riding Meadows alerting riders not to trespass on neighboring private
properties have not been submitted pursuant to Condition #4.
c. A surety in the form of a compliance deposit in good funds in the amount
of $10,000 has not been submitted pursuant to Condition #5.
d. Documentation has not been submitted for the following items pursuant to
Condition #6:
i. The transfer of ownership from Riding Meadows, LLC to
Micabren Acres, LLC.
ii. Combining existing Lots 18, 19, and 20 into one lot to ensure that
all buildings housing animal units meet the required setbacks and
that adequate acreage is available for the horse facilities.
iii. The removal of the existing manure stack no later than March 31,
2007 as stipulated in the letter from the applicants received
February 23, 2007 (Exhibit 5).
e. Documentation has not been submitted verifying that all manure is being
stored and managed in compliance with Conditions #7 - #9.
5. The applicant was notified of being out of compliance with the conditions of his
permit in letters from staff dated December 18, 2006 and February 15, 2007, and
the applicant also had a meeting with staff on January 24, 2007. The matter was
placed on the agenda of the Board of Adjustment meeting on February 23, 2007,
after which it was scheduled for public hearing on March 23, 2007 to consider
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revoking the special exception permits due to noncompliance with the Board's
conditions.
6. The applicant's site is approximately 40 -acres in size. According to the
information and testimony provided by the applicant, approximately 26 acres of
the site will be used for pasture and is suitable for waste utilization. The
remainder of the site will be occupied by buildings, driving surfaces, ponds,
arenas, recreational areas, and areas for the outdoor confinement of horses and
cattle (including the cattle yard, horse turn outs, round pens, and any similar
areas). The applicant testified that he currently has 133 horses (including foals)
and 19 head of cattle on the site, which exceeds one animal unit per acre of land
suitable for waste utilization as required by the Ordinance.
7. On the site visit on March 23, 2007, the Board of Adjustment observed horses in
the turnout areas standing in approximately eight inches of manure and mud, and
horses covered in manure and mud, indicating that the manure is not being
removed from the turnout areas on a weekly basis and is not being stored in
dumpsters or under a roofed area and moved offsite as required by Condition #8
of the Board's October 26, 2006 decision. More than four horses were also
observed in the turnout areas. The existing manure pile(s) has not been moved
since October 26, 2006. The Board finds that these conditions are of an urgent
nature and could:
• violate the spirit and intent of the Ordinance by posing the risk of water
pollution from excessive phosphorous and other nutrients entering ground
water and the local surface watershed,
• negatively impact the health, safety or general welfare of the public, and
could be substantially adverse to property values in the neighborhood, and
• constitute a nuisance by reason of odor or other similar factors, since
manure has not been stored and disposed of properly.
Motion carried unanimously.
There was a motion by Zoerb; second by Malick to modify Condition #1 of the its
October 26, 2006 decision to conform to its March 23, 2007 decision to revoke the
special exception permit for exceeding one animal unit per acre (Item #2) as follows:
Condition #1: This special exception approval allows the applicants to operate an
equestrian center with boarding for up to 26 animal units as provided in the
conditions below. This approval does not include any additional animal units,
uses, or activities.
The following vote was taken to approve the modification: Chairperson Malick, yes;
Zoerb, yes; Luckey, no. Motion carried.
A motion by Zoerb; second by Malick to table its decision on the special exception
permit for the horse boarding facility (Item #1) as modified for two months. The
applicant shall submit the following information prior to the Board's May 24, 2007
meeting date:
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1. A recorded copy of an affidavit filed with the Register of Deed's office
referencing the Board's special exception decision pursuant to Condition #3.
2. Photographs of signs posted on the applicants' property in Micabren Acres and
Riding Meadows alerting riders not to trespass on neighboring private properties
pursuant to Condition #4.
3. A surety in the form of a compliance deposit in good funds in the amount of
$10,000 to be held by the Zoning Administrator until the project has been
completed and approved pursuant to Condition #5.
4. Documentation of the following items pursuant to Condition #6:
• The transfer of ownership from Riding Meadows, LLC to Micabren Acres,
LLC.
• Combining existing Lots 18, 19, and 20 into one lot to ensure that all
buildings housing animal units meet the required setbacks and that adequate
acreage is available for the horse facilities.
• The removal of the existing manure stack no later than March 31, 2007 as
stipulated in the letter from the applicants received February 23, 2007 (Exhibit
5).
5. Documentation that all manure is being stored and managed in compliance with
Conditions #7 - #9.
The following vote was taken to table the decision: Chairperson Malick, yes; Zoerb, yes;
Luckey, no. Motion carried.
Lyndly Opiiz — Special Exception and Variances
Motion by Luckey, second by Zoerb to approve as amended based on the following
findings of fact and conclusions of law:
General Findings and Conclusions:
The Board makes the following general findings of fact and conclusions of law pertinent
to all requested amendments:
1. The applicant is Lyndly Opitz, property owner.
2. The address of the site is 192 Cove Court, River Falls, WI 54022.
3. The site is located in part of Gov. Lot 2, Section 24, T28N, R20W, Town of Troy,
St. Croix County, Wl.
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4. The applicant has complied with all pre - construction conditions of the variances
approved by the Board of Adjustment on March 23, 2006. The approved structure
has been substantially completed. The only outstanding conditions include
Conditions #10 and #11, both of which must be done within 30 days of
completing construction. To meet these conditions, the applicant must submit a
vegetation management plan and replace trees that had to be removed for
construction as outlined in the letter from staff dated September 6, 2006, as well
as additional trees and shrubs to ensure that the principal structure is visually
inconspicuous, and record the vegetation management plan against the property.
5. The Town of Troy is in the process of reviewing these requests under its
Riverway Ordinance. The Town Board has not submitted a recommendation for
the Board's consideration.
6. The St. Croix County Land & Water Conservation Department has reviewed the
revised storm water and structural erosion control measures and does not object to
these requests, but recommends that the structural erosion control measures be
screened from the river with native vegetation.
7. The Wisconsin Department of Natural Resources has reviewed the plans. For all
proposed amendments, the Department recommends maximum native vegetative
screening from the river, including fast growing species as well as hardwoods.
Item #1 (Structural Erosion Control Measures) Findines and Conclusions:
The Board makes the following findings of fact and conclusions of law pertinent to
Item #l:
8. The applicant filed an application with the Board of Adjustment for an
amendment to site plans approved by variance by the Board of Adjustment on
March 23, 2006 in order to install structural erosion control measures in the slope
preservation zone in the Lower St. Croix Riverway District pursuant to Section
17.36 F.3.a.7) and subject to the performance standards in Section 17.36 HA of
the St. Croix County Zoning Ordinance.
9. Based on the information provided by the applicant's architect and builder
regarding the need for frost footings to ensure the structural stability of the
building foundation, as well as the presence of existing timber and stone retaining
walls that have been used to hold the steep slopes in place in the past, the need for
structural support for the proposed storm water retention and infiltration pond
(Item #3), and review by the Land and Water Conservation Department, the
proposed structural erosion control measures are necessary to accommodate the
approved building design and to address potentially significant erosion on the
steep slopes surrounding the site that nonstructural erosion control measures could
not control.
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10. This request involves retaining walls constructed of stacked limestone, a natural
material that will blend with the natural surroundings and be difficult to see from
the river during summer, leaf -on conditions. With conditions requiring that the
vegetation management plan referenced in Finding #4 above includes
supplemental plantings of native vegetation along all retaining walls to ensure that
they are visually inconspicuous, this request will not violate the spirit and intent
of the Ordinance.
11. With conditions requiring that the existing silt fence be maintained until all
retaining walls have been installed and the site has been stabilized with permanent
vegetation, as well as conditions requiring the submittal of a detailed construction
plan with timelines and contact information for all remaining retaining walls to be
installed, this request will not be contrary to the public health, safety, or general
welfare or be substantially adverse to property values in the neighborhood
affected.
Item #2 (Stairway) Findings and Conclusions:
The Board makes the following findings of fact and conclusions of law pertinent to
Item #2:
12. The applicant filed an application with the Board of Adjustment for an
amendment to site plans approved by variance by the Board of Adjustment on
March 23, 2006 for an additional special exception permit for a stairway in the
Lower St. Croix Riverway District pursuant to Section 17.36 F.3.a.3) and subject
to the performance standards in Section 17.36 H.12 of the St. Croix County
Zoning Ordinance.
13. The wooden stairway was approved by variance on March 23, 2006 based on the
finding that the new deck and stairway connected to it would have a smaller
footprint and encroach less within the OHWM setback and slope preservation
zone than the nonconforming deck and stairs that were removed. The proposed
stairway is aligned parallel to the river rather than perpendicular to it as
previously approved, and as a result is more visible from the river and encroaches
more within the OWHM setback. It appears that there is room to realign the
stairway off the backside of the new deck and still have a landing within the filled
area. With a condition to change the alignment of the wooden stairway
accordingly, encroachment and visibility from the river would be reduced
consistent with the spirit and intent of the Ordinance and with the Board's past
approval for the reconstruction of this accessory structure.
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14. The limestone stairway leading from the recently filled area down to the parking
lot and proposed to be extended down to the river is constructed of unfinished
limestone slabs approximately 36 inches wide set into the ground consistent with
the performance standards in the Ordinance. The stairway is necessary to provide
safe pedestrian access to the parking lot and river due to steep slopes over 25
percent.
15. No canopies or roofs are proposed for the stairway consistent with the
performance standards in the Ordinance. No handrails are proposed.
16. One stone landing is proposed at the top of the limestone stairway leading from
the filled area at the foundation down to the parking lot. The landing is
approximately 15 square feet in area consistent with the performance standards in
the Ordinance. The limestone stairway turns at an angle of approximately 90
degrees from the parking lot to the river.
17. No existing vegetation will be removed to install the limestone stairway, and it
will be located in the most visually inconspicuous portion of the lot along a
pathway leading down to the river. With conditions requiring that the vegetation
management plan referenced in Finding #4 above includes supplemental plantings
of native vegetation to form a canopy to effectively screen the stairway from the
river in five years, the performance standards in the Ordinance will be met and the
scenic and natural characteristics of the river will be enhanced consistent with the
spirit and intent of the St. Croix Riverway District.
18. The applicant has not submitted a plan certified by a registered professional
engineer or architect showing that the existing and proposed stairway components
will be securely anchored to prevent them from shifting and from causing
accelerated erosion. With a condition requiring the submittal of such plan, the
Zoning Administrator can ensure that erosion and sedimentation does not become
a problem in the future, nor will the stairway become a nuisance; be contrary to
the public health, safety, or general welfare; or be substantially adverse to property
values in the neighborhood affected.
19. The Wisconsin Department of Natural Resources has reviewed the plans for both
the wooden stairway and the limestone stairway. The Department recommends
that the wooden stairway coming from the cabin be realigned perpendicular to the
river within the profile of the deck to make it less visually intrusive and consistent
with the intent of the Riverway District. The Department did not have any
recommendations regarding the limestone stairway leading down to the parking
lot and river.
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Item #3 (Filling and Grading for Storm Water Retention Pond) Findings and
Conclusions
Staff offers the following findings and conclusions of law pertinent to Item #3 for the
Board's consideration:
20. The applicant filed an application with the Board of Adjustment for an
amendment to site plans approved by variance by the Board of Adjustment on
March 23, 2006 for an additional variance for filling and grading in the slope
preservation zone in the Lower St. Croix Riverway District to add a storm water
retention pond pursuant to Section 17.36 H.3.c of the St. Croix County Zoning
Ordinance.
21. When the applicant's original variances were approved by the Board of
Adjustment on March 23, 2006, the Board concluded that the minimum amount of
filling and grading in and within 40 feet of the slope preservation zone necessary
to reconstruct the nonconforming principal structure and install the holding tank
and storm water pond were exempt from requiring a variance pursuant to Section
17.361.2.d.i) of the Ordinance. Since this request is an amendment to the
previously approved plans to allow additional filling and grading within the
necessary grading limits for the original project in order to construct another
storm water retention pond, it should not require an additional variance as applied
for.
22. The Wisconsin Department of Natural Resources has reviewed the storm water
plans and has confirmed that the proposed grading to facilitate the additional
storm water retention and infiltration area could be approved as an amendment to
the previously approved variance since it is within the necessary disturbed area
for the reconstructed cabin and would not require an additional variance, or
denied if the Board feels that the roofline should be altered to drain runoff to the
existing storm water pond. The Department would support the Board's decision
either way.
23. With conditions requiring the existing double -row of silt fence to be maintained
until the entire building site, including the additional storm water pond, has been
stabilized with permanent native vegetation and that the applicant record an
affidavit against the property referencing the additional storm water pond and the
maintenance and monitoring requirements for it, staff finds that this requested
amendment will be consistent with the Board's previous approval for the design
of the cabin and grading limits for the reconstruction, will meet the spirit and
intent of the Ordinance, and will not be contrary to the public interest.
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With the following conditions:
1. This approval is for an amendment to the plans approved by variance by the
Board of Adjustment on March 23, 2006 in order to install structural erosion
control measures in the slope preservation zone, a stairway, and do additional
grading and filling in and within 40 feet of the slope preservation to add another
storm water retention and infiltration pond as indicated in the plans submitted on
February 6, 2007, and as provided in the conditions below. Approval of these
amendments does not include any additional structures, vegetation removal,
filling and grading, or other activities.
2. The Town of Troy and any other interested party or agency 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 construction of the amended items, the applicant shall be
responsible for obtaining all other required local, state, and federal permits and
approvals.
4. Prior to commencing construction of the amended items, the applicants shall
submit to the Zoning Administrator a construction timeline and contact
information for all of the excavators, landscapers, architects, and other contractors
working on the site. The existing double -row of silt fence shall be repaired and
maintained in place until the entire site, including the additional storm water pond
and the area above and below the retaining walls and stairways, has been
stabilized with permanent native vegetation consistent with the vegetation
management plan (see Condition 45 below). During construction, the smallest
amount of bare ground shall be exposed for as short a time as possible.
Temporary ground cover such as mulch shall be used until permanent native
groundcover is established.
5. Prior to commencing construction of the amended items, the applicants shall
submit to and have approved by the Zoning Administrator a vegetation
management plan for the purpose of stabilizing the steep slopes, preventing
erosion, providing wildlife habitat, and effectively screening the principal
structure, retaining walls, and stairways to make them visually inconspicuous
from the river. The vegetation management plan shall include:
• Replacement trees for the seven mature trees that were removed as necessary
to reconstruct the cabin in accordance with the replacement schedule in
Section 17.36 H.S.f. of the Ordinance. The removed trees averaged 12 -18
inches DBH and included one basswood, one red maple, one locust, and one
elm on the riverward side of the cabin, and one ironwood and two birch trees
on the landward side of the cabin. The replacement schedule requires that
two -inch DBH trees be planted in proportion to the DBH of the trees that
have been cut, but due to the extremely steep slopes behind the cabin, one -
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inch DBH trees may be planted to replace the birch and ironwood trees in
order to minimize disturbance to the site.
• In addition to the replacement trees, the applicant shall plant supplemental
trees and shrubs capable of screening the principal structure, retaining
walls, and stairways within five years to make them all visually
inconspicuous. All trees shall be at least two inches DBH (except on
slopes exceeding 25 percent, where one inches DBH may be substituted)
and planted no more than 12 feet apart and parallel to the river and the
structures they screen. To allow for future growth, trees may be planted at
different locations and staggered between the structures and the river. The
applicant may leave a 15 -foot wide opening around the principal structure
to protect it from wildfire and damage. Native, deep - rooted groundcover
shall be planted in this area to stabilize the site.
• The vegetation in the area within 50 feet of the OHWM of the river shall
be restored through planting of native vegetation at densities that are
adequate to protect water quality, habitat, and the natural scenic beauty of
the shoreland area.
• All tree species referenced in the plan must be native to the area,
particularly an oak forest ecotype, and feature a mix of oaks, maples,
birch, basswood, and ironwoods. Fast - growing species such as poplars
shall also be incorporated into the plan to provide immediate screening
until the slower growing trees become established, as well as native
shrubs, forbs, and grasses to establish an understory and groundcover.
6. Prior to commencing construction of the amended items, the applicants shall
submit to the Zoning Administrator an additional Compliance Deposit equal to
$500 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 along with a
Certificate of Compliance.
7. Prior to commencing construction of the amended items, the applicants shall
schedule an on -site pre - construction meeting with the Zoning Administrator to:
• ensure that all pre - construction conditions have been met;
• ensure that all contractors and landscapers involved are aware of the
conditions of the approval pertinent to the construction and excavation;
and
• ensure that the applicants are aware of their roles and responsibilities as
the property owners.
8. Prior to commencing construction of the limestone stairway, the applicant shall
submit to and have approved by the Zoning Administrator a plan certified by a
registered professional engineer or architect showing that the stairway
components are securely anchored to prevent them from shifting and causing
accelerated erosion.
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9. Prior to commencing construction of the wooden stairway, the applicant shall
submit to and have approved by the Zoning Administrator a revised plan showing
the stairway realigned perpendicular to the river.
10. Within 30 days of completing construction of the amended items, the applicant
shall submit to the Zoning Administrator record drawings of the site prepared by a
registered surveyor and photographs of the property as viewed from the St. Croix
River. The applicant shall be responsible for planting additional native trees and
shrubs as determined necessary by the Zoning Administrator to make all
structures visually inconspicuous from the river.
11. Within 30 days of completing construction of the amended items, the applicant
must record an affidavit against the property describing the approved vegetation
management plan, both storm water management ponds, and related maintenance
and monitoring requirements for the vegetation and ponds with the County
Register of Deeds. The intent is to make future owners aware of the
responsibilities incurred in maintaining the vegetation and stonn water
management areas. The applicant must submit a copy of the recorded affidavit to
the Zoning Administrator at this time.
12. 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.
13. The applicant shall have one (1) year from the issuance of these approvals to
commence construction of the retaining walls, stairs, and storm water retention
pond and two (2) years to complete it. Failure to do so shall result in expiration of
the variance, after which time the applicant will be required to secure a new
variance before starting or completing the project.
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
be amended or added without proper notice to the applicant and an opportunity
for a hearing.
15. Unless specified otherwise in the conditions above, the applicant shall continue to
comply with all previous conditions of the Board of Adjustment's previous
decision dated March 23, 2006.
16. 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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Announcements and Correspondence
Chairman Malick extended the Boards' gratitude to Jan Zoerb for her time being a
Board member.
Jerry McAllister is the potential appointee for becoming the Board of Adjustment
member replacing Jan Zoerb.
The meeting was adjourned at 2:13 p.m. by Chairman Malick.
Respectfully submitted,
Sue Nelson, Secretary Beck Eggen, rding
Secretary
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