HomeMy WebLinkAboutBoard of Adjustment 05-25-06 ST. CROIX COUNTY BOARD OF ADJUSTMENT
Thursday, May 25, 2006
8:30 a.m.
Government Center, Hudson, Wisconsin- Community Room
AGENDA
A. CALL TO ORDER/ ROLL CALL
B. OPEN MEETING LAW STATEMENT
C. ELECTION OF OFFICERS
D. ACTION ON PREVIOUS MINUTES
E. DATE OF NEXT MEETING: June 25, 2006
F. HEARINGS - See Attached
F. UNFINISHED BUSINESS: (Tabled on April 27, 2006)
1) David McMahon — Special Exception request for an after -the -fact special exception permit to
operate an auto salvage yard pursuant to Section 17.15(6)(i) of the St. Croix County Zoning
Ordinance.
2) Alice, Inc. / Rivers Edge- John, Robert & William Raleigh Request for an amendment to an
existing special exception permit issued May 26, 1981 to add four signs.
G NEW BUSINESS:
H. ANNOUNCEMENTS AND CORRESPONDENCE
I. ADJOURNMENT
(Agenda not necessarily presented in this order.)
SUBMITTED BY: St. Croix County Planning and Zoning Department
DATE: May 15, 2006
COPIES TO: County Board Office County Clerk
Board Members News Media/Notice Board
* CANCELLATIONS /CHANGES /ADDITIONS
* AMENDED PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, May 25, 2006 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.
VARIANCE
1. APPLICANT: Paul Paulson, owner
LOCATION: The NW 1/4 of the NE 1/4, Section 27, T30N -R20W, Town of St. Joseph
ADDRESS: 50 County Road E, Houlton, WI
REQUEST: Variance request to the height requirements of an accessory structure in the Commercial
District pursuant to Section 17.12(5) of the St. Croix County Zoning Ordinance.
2. APPLICANT: David McMahon, owner
LOCATION: The SE 1/4 of the SE 1/4, Section 24, T30N -R20W, Town of St. Joseph
ADDRESS: 1412 County Road V, Houlton, WI
REQUEST: Variance request to the height requirements of an accessory structure in the
*Eemme Ag/Residential District pursuant to Section 17.12(5) of the St. Croix
County Zoning Ordinance
SPECIAL EXCEPTION
3. APPLICANT: Calvary Assembly of God Church, owner
LOCATION: The SE 1/4 of the SE 1/4, Section 33, T29N -R15W, Town of Springfield
ADDRESS: NW quadrant of State Highway 128 and County Road 60
REQUEST: Special exception request for an institutional use in the Ag/Residential District pursuant
to Section 17.15(6)of the St. Croix County Zoning Ordinance. The applicant is
requesting a permit to construct a new church building.
4. APPLICANT: St. Croix National, L.P., owner
LOCATION: The SW 1/4 of the SE 1/4, Section 7, T30N -R19W, Town of Somerset
ADDRESS: 160332 nd Street, Somerset, WI
REQUEST: Request for an amendment to an existing special exception permit issued November 30,
1995 to allow a sign for the golf course to be placed on the property.
5. APPLICANT: St. Croix County Parks Department, agent
LOCATION: The.SW 1/4 of the SW 1/4, Section 6, T28N -R19W, Town of Troy
ADDRESS: Troy Beach County Park, 490 County Road F, Hudson, WI
REQUEST: Request is for a special exception permit for long -term maintenance of a public road
right -of -way pursuant to Section 17.35F.3.a.8 of the Lower St. Croix Riverway
Ordinance.
to Section 17.15(6)(u) of the St. Croix County Zoning Ordinance. The applicant is
requesting a permit to operate a retreat facility on the property.
8. APPLICANT: Steven and Joann Richie, owners
LOCATION: The SW 1/4 of the NW 1/4, Section 9; T31N -R18W, Town of Star Prairie
ADDRESS: Off of 100 Street
REQUEST: Request is for a special exception permit for filling and grading to construct a home,
garage and driveway in the Shoreland District of Squaw Lake pursuant to Section
17.29(2)(c).of the St. Croix County Zoning Ordinance.
9. APPLICANT: Cedar Lake Speedway, owner/ Track Motorsports, agent
LOCATION: The SW 1/4 of the NW 1/4, Section 10, T31N -R18W, Town of Star Prairie
ADDRESS: 2275 County Road CC, New Richmond, WI
REQUEST: Request is for a special exception permit to operate an indoor and outdoor motorsports
facility within a Commercial District pursuant to Section 17.18 of the St. Croix County
Zoning Ordinance.
SPECIAL EXCEPTION AND VARIANCE
10. APPLICANT: Jerry Sandahl, owner
LOCATION: Part of Gov. Lot 1, Section 15, T30N -R20W, Town of Somerset
ADDRESS: Lot 44 of Twin Springs subdivision
REQUEST: Item #1 : Request is for a special exception permit for filling and grading within 40 -feet
of the Slope Preservation Zone of the St. Croix River pursuant to Section 17.36
F.3.a.(5) of the Lower St. Croix Riverway Ordinance. The request is to allow the
applicant to construct a home on the property.
Item #2: Variance request for filling and grading in the Slope Preservation Zone of the St.
Croix River pursuant to Section 17.36 M.c. The request is to restore a ravine that has
been filled.
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.
Julie Speer, Chairperson
St. Croix County Board of Adjustment
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
May 25, 2006
(This hearing recorded by Court Reporter Laurel Dean, Q & A Court Reporters, Eau Claire)
Chairperson Clarence Malick called the meeting to order at 8:30 a.m. A roll call was made.
Buck Malick, Linda Luckey, Jan Zoerb, Sue Nelson and Charles Struemke were present.
Staff included: Dave Fodroczi, Planning and Zoning Director, Jenny Shillcox, Zoning
Specialist, Steve Olson, Land and Water Conservation Department, Bob Bezek, Code
Administrator, Jenn Emmerich, Zoning Specialist, and Judy Kahler, recorder.
The meeting of the Board of Adjustment was called to order.
Luckey stated staff assured her this to be a properly noticed meeting. The agenda was
adopted.
The next meeting for the Board will be June 22, 2006. The meeting will be held in the County
Board Room at the Government Center at 8:30 a.m.
ELECTION OF OFFICERS
Nominations were taken for Chairperson. Motion by Zoerb, seconded by Struemke to elect
Clarence Malick as Chairperson. Motion was unanimous. Nominations were taken for Vice
Chairperson. Motion by Nelson, seconded by Zoerb to elect Linda Luckey as Vice -
Chairperson. Motion was unanimous. Nominations were taken for Secretary. Motion by
Luckey, seconded by Struemke to elect Sue Nelson as Secretary. Motion was unanimous.
MINUTES
Motion by Nelson, seconded by Malick to adopt the minutes from the April 27,2006.
Struemke and Zoerb abstained. Motion carried.
The hearing was opened and testimony taken and recorded by a court reporter.
UNFINISHED BUSINESS
Item 1) David McMahon- Special Exception request for an after - the -fact Special
Exception permit to operate an auto salvage yard pursuant to Section 17.15(6)(i) of the
St. Croix County Zoning Ordinance was heard. Jennifer Emmerich gave the staff
report. Applicant David McMahon sworn and testified. Neighbors Reg Spa and Ross
Gerber were sworn and testified objecting to the approval of the application.
Motion by Malick, seconded by Struemke to approve Special Exception and Variance based
on the following Findings of Facts and Conclusions of Law:
1. The applicant is David McMahon, owner and operator of Shalee Auto Service, 1412
County Road V, Houlton, WI 54082, property owner.
2. The site is located in the SE' /4 of the SE 1 /4, all in Section 24, T30N, R20W, Town of
St. Joseph, St. Croix County, WI
3. David McMahon, the applicant, asked the County to sign his form for a State of
Wisconsin dealer's license, at which time County staff informed him that his operation
in the Town of St. Joseph, Shalee Auto Service, was not compliant with the Zoning
Ordinance.
4. Auto salvage operations are a permitted use in the Ag Residential District with a
special exception permit.
5. David McMahon, the applicant, has been operating Shalee Auto Service for three
years. County staff has no record of complaints about the operation prior to the
application being submitted; however, testimony given at the hearing indicates that
complaints have been made. During this time, the business has advertised - via the
internet and newspaper — services including insurance work, frame straightening, full
service auto detailing, local and long -haul towing, auto repair, loaner cars, auto glass
repair, and the sale of trade -in vehicles. These services do not comply with the Zoning
Ordinance
6. With conditions for eliminating noncompliant auto services offered to the general
public, this request, in the opinion of the Board of Adjustment, may meet the
definition of an auto salvage operation.
7. This is not a typical auto salvage operation in that there is not a large amount of parts
and vehicles being stored on the property or sales occurring on the property.
Appropriate conditions will prevent the property from accumulating a large amount of
junk and looking like a typical salvage operation.
8. The spirit and general intent of the Ordinance will be met for the following reasons:
• The mature trees that screen the property from County Road V and adjacent
landowners and the absence of signage visible from County Road V or
neighboring properties will maintain the residential character and will not
decrease property values in the area.
• There is an existing retail greenhouse located on the adjacent property. With
appropriate conditions, this request will generate less traffic than the existing
retail greenhouse on the adjacent property.
• Traffic to the site is minimal and will not increase. Less than 10 percent of the
vehicles are sold on site. Most vehicles are delivered and most paperwork is
completed via mail.
9. With conditions to address the concerns from area property owners, the Town, and the
Board of Adjustment, this request will not negatively impact the public health, safety
or general welfare of the public.
• Storm water runoff from the impervious surfaces, and ground water and soil
contamination will be minimized and the current state of the wetlands and the
wildlife in the surrounding area will be maintained.
• The proper containment and storage of vehicles and parts will control the
runoff of possible pollutants.
10. With conditions to address the concerns from area property owners, the Town, and the
Board of Adjustment, this request will not constitute a nuisance by reason of noise,
dust, smoke, odor or other similar factors.
• Noise will be minimized.
• All driving surfaces are paved, therefore eliminating any nuisance by dust.
• All operations that may generate fumes are very limited and conducted within
the building.
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11. The potential exists for surface and groundwater contamination.
On the basis of the above Findings of Fact and Conclusions of Law, and the record herein, the
Board approved the applicant's after - the -fact special exception request with the following
conditions:
1. This after- the -fact special exception permit allows David McMahon, the applicant and
owner of Shalee Auto Service, to operate an auto salvage operation in accordance with
the conditions outlined below. Approval for this after - the -fact special exception
permit does not include any additional structures, services, or operations not indicated
in the plans submitted or as part of this approval.
2. The applicant shall be responsible for obtaining all other required local, State, and
federal permits and licenses to operate the auto salvage operation.
3. All parts being stored outside shall be contained in large, impermeable containers to
prevent hazardous fluids from contaminating soil and groundwater. Immediately upon
approval of this permit, the applicant shall place all loose parts in containers.
4. Within 60 days of this decision, the applicant shall obtain any necessary permits for a
holding tank to contain all fluids discharged into the floor drain. The applicant shall
install a holding tank that is certified by the appropriate State agency as adequate for
containing the fluids discharged from the building floor drain, with a capacity of not
less than 2,000 gallons unless the applicant can provide documentation from an
appropriate State agency that a smaller tank would suffice. The applicant shall install
and provide to the Zoning Administrator evidence that the approved holding tank has
been installed no later than August 31, 2006. The tank shall be pumped when
necessary.
5. Within 60 days of this decision, the applicant shall submit to and have approved by the
Zoning Administrator a storm water management plan prepared by a registered,
professional engineer that treats the storm water runoff from all impervious surfaces
on the property prior to discharging to the existing ponding area and using the
standards in NR 151. Within 60 days from approval of the storm water management
plan, the applicant shall install the approved plans and have them recorded against the
property. Within this time period, the exposed existing drainage pipe shall be
removed.
6. Within 60 days of this decision, the applicant shall remove the fuel storage tanks.
7. There shall be no outdoor storage of waste tires.
8. The repair and maintenance of vehicles shall not be offered to or conducted for the
general public.
9. The applicant shall not display or store vehicles or parts so they are visible from
County Road V or adjacent properties.
10. The applicant shall maintain the property in a neat and orderly manner.
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11. The applicant shall have a total of no more than 20 vehicles, frames, and/or chassis
(including personal and employee vehicles but excluding trailers used to transport
vehicles) on site at all times. All vehicles, frames, and/or chassis must be stored inside
if possible, or on the paved area near the pole shed where the business is conducted.
12. The applicant shall maintain the current level of mature trees that screen the property
from County Road V and adjacent properties. Along the property line to Lot 3 to the
north, the applicant shall supplement the current level of vegetation with evergreen
trees to screen all outdoor storage of vehicles during the winter.
13. Hours of operation shall not extend beyond 9 AM — 5 PM Monday - Friday, or 9 AM
— 1 PM on Saturday.
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14. The number of employees shall not exceed one in addition to the applicant.
15. All lighting must be downward directed and shielded away from neighboring
properties to prevent glare.
16. No additional signage shall be constructed on the property.
17. This after - the -fact special exception permit is not transferable.
18. The applicant shall hire at his expense a trained professional who is acceptable to the
Zoning Administrator to conduct unannounced inspections for compliance with the
conditions of this special exception permit. The trained professional shall submit to the
County Zoning Administrator and Town of St. Joseph inspection reports. Failure of
compliance shall result in permit revocation if the noncompliance is not corrected
within 10 days of written notification from the Zoning Administrator to the address of
the property. Inspections and reports shall be submitted as follows:
• bi- monthly for the first six months following the approval of this request,
• quarterly for the next 18 months, and
• semi - annually thereafter.
19. These conditions may be amended or additional conditions may be added if
unanticipated issues 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.
20. Any change or addition in use or the expansion of the business — including, but not
limited to building, signage, or landscaping — shall require review and approval by the
Zoning Administrator. Significant changes to any approved use will require Board of
Adjustment review as a special exception and will require site plans and facility plans as
part of the application pursuant to Section 17.18(1)(e) of the Ordinance.
21. Accepting this decision means that the applicant and all other owners of this property
have read, understand, and agree to all conditions of this decision.
The following vote was taken to approve: Luckey, no; Struemke, yes; Zoerb, yes;
Chairperson Malick, yes. Nelson was not present. Motion carried on a 3 -1 vote.
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Item 2.) Alice, Inc/Rivers Edge -John, Robert & William Raleigh request for rehearing a
amendment to an existing special exception permit issued May 26, 1981 to add four signs.
Discussion was held regarding the notice of this applicant. Jennifer Shillcox gave the staff
report. Malick finds open meeting law requirements are met.
Motion by Struemke, second by Nelson to suspend rules to consider today, despite the late
request by the applicant. Motion carried.
Attorney Matthew Biegert spoke on behalf of his clients. Exhibit# 6 -a copy of a memo to Bill
Raleigh from Ken Anderson, Progressive Consulting Engineers, Inc. was marked. Scott
Counter, Planning Chairman and Supervisor testified on behalf of the Star Prairie Town
Board. They have safety concerns. No public opposition was noted today.
Motion by Struemke, seconded by Nelson to approve the Special Exception based on the
following Findings of Fact and Conclusions of Law:
1. The applicants are Alice, Inc. and John, Robert, and William Raleigh, property owners.
2. The site is located north of Highway 35/64 in Section 31, T31N -R18W, Town of Star
Prairie, St. Croix County, Wisconsin.
3. The applicant filed with the Planning and Zoning Department an application for an
amendment to their special exception permit in order to construct four signs along
Highway 35/64.
4. The applicants have withdrawn their request for Sign #2.
5. After a request made by the applicants, the Board of Adjustment reconsidered its April
27, 2006 decision on Sign #1.
6. Due to its large size and the total number of all signs on the property, proposed Sign #1
does not meet the spirit or general intent of the St. Croix County Zoning Ordinance. In
addition, three large illuminated signs lined along Highway 35/64 will clutter the
landscape and will detract from the rural character, natural beauty, and other visual
amenities of the area, which is characterized by low- density residential development and
wooded hillsides and fields. Although Sign #1 will be back - dropped by trees for west-
bound traffic, it will be silhouetted above the horizon for east -bound traffic. A smaller
sign would be more consistent with the visual amenities of the area, would be
appropriate for the uses on the property, and would still be effective in directing
travelers to the River's Edge facilities and addressing the safety of travelers on Highway
35/64.
7. The property on which Sign #1 is to be located is not owned by Alice, Inc., and thus is
an off - premises sign that is subject to the standards in Section 17.65(3) of the
Ordinance. The proposed sign does not meet these standards. In order for these
standards not to apply, the property must be owned by Alice, Inc.
8. Due to its large size and design, the proposed 738 - square foot electronic message board
sign (Sign #3) does not meet the standards for special exceptions in the Commercial
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District pursuant to Section 17.18(1)(b) of the St. Croix County Zoning Ordinance,
which requires that consideration be given to the effect on scenic views in the
surrounding area, and requires that the proposed use is in harmony with the general
intent and purpose of the zoning ordinance and any comprehensive plan, including the
St. Croix County Development Management Plan. The applicants have not
demonstrated that the sign will meet Goal 1 of the plan, to protect the rural character of
St. Croix County, Objective 1B to protect and enhance the natural beauty of the county,
and Objective 1H to avoid visual pollution caused by poor design or management of
structures. A smaller sign would be more consistent with the visual amenities of the
area, would be appropriate for the uses on the property, and would still be effective in
advertising upcoming events.
9. Due to its large size and the total number of all signs on the property, proposed Sign #4
does not meet the spirit or general intent of the St. Croix County Zoning Ordinance. In
addition, three large illuminated signs lined along Highway 35/64 will clutter the
landscape and will detract from the rural character, natural beauty, and other visual
amenities of the area, which is characterized by low - density residential development and
wooded hillsides and fields. Although Sign #4 will be back - dropped by trees for east-
bound traffic, it will be silhouetted above the horizon for west -bound traffic. A smaller
sign would be more consistent with the visual amenities of the area, would be
appropriate for the uses on the property, and would still be effective in directing
travelers to the River's Edge facilities and addressing the safety of travelers on Highway
35/64.
10. The applicants have not proven that the proposed signs will not be substantially adverse
to property values in the neighborhood affected, or that they will not constitute a
nuisance by reason of light and visual pollution. The proposed signs are illuminated,
large in size, and Signs #1 and #4 are located on high points of the local topography. All
signs are designed to be highly visible from vehicles traveling in either direction on the
highway, and the applicants have not sufficiently ensured that neighboring properties in
the area won't be negatively impacted.
11. While signs are necessary to direct travelers to the new entrance of the River's Edge
facilities, the sizes of Signs #1 and #4 (the proposed directional signs) are excessive.
The majority of all signs (including directional, on -site, and nonconforming off -
premises signs) in St. Croix County along Interstate 94, a freeway of a higher functional
class than Highway 35/64, do not exceed 144 —150 square feet. These signs are located
outside of the right -of -way, yet they are fully readable from vehicles traveling at high
speeds with no cross traffic. Furthermore, the Board of Adjustment has not historically
approved signs greater in size or density than allowed for off - premises signs, which
limits signs in the Ag Residential District to 32 square feet and signs in the Commercial
District to 200 square feet. These sizes are generally agreed to be appropriate and
compatible with rural development.
12. Sign #3 (with proposed electronic message board) needs to be adequately sized so that
the message is readable to the traveling public.
13. The applicants claim that the proposed signage is necessary for safety purposes. The
Board of Adjustment relies on the Wisconsin Department of Transportation for
expertise in designing this new highway and highway signage for the safety of the
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public traveling to the River's Edge facilities.
14. The Town of Star Prairie has decided to change the name of "Raleigh Road" to "River's
Edge Road." The g e of Adjustment expects that the official highway signage will
change to reflect this. The effect of these changes will be to give travelers better
directions to the River's Edge facilities. The town changed the name for this purpose.
15. The majority of existing signs along Highway 35/64 greater than 200 square feet in size
are nonconforming signs that pre -date the Ordinance and are no longer considered to be
appropriate in the rural unincorporated areas of the County.
16. With conditions for shielding the light sources of all signs; reducing the size and number
of signs; limiting the height and setbacks of all signs; and restricting any change of
color, intensity, or motion of lighting on the signs, this request would comply with
general sign regulations outlined in Section 17.65(2) of the Ordinance
17. The Wisconsin Department of Transportation does not object provided that all signs
shall be located within 50 feet of the advertised activity and in compliance with the
standards for on- premises signs in Wisconsin Administrative Code Trans 201. The only
sign that currently appears to meet these standards is Sign #3.
18. The Town of Star Prairie recommends denial of Sign #2 and approval of Signs #1, #3,
and #4, with Sign #1 not to exceed 650 square feet, Sign #3 not to exceed 450 square
feet, and Sign #4 not to exceed 650 square feet.
On the basis of the above Findings of Fact and Conclusions of Law, and the record herein, the
Board approved Signs #1, #3, and #4, with the following conditions:
1. This special exception approval is for one electronic message sign (Sign #3) and two
additional directional signs (Signs #1 and #4). Approval for this special exception
permit does not include any additional signs or sign components; colors or design
features; facility expansions; or other structures, uses or activities not indicated in the
plans submitted.
2. Prior to commencing construction, the applicant shall secure all necessary local, State,
and federal permits and approvals, including but not limited to Town Building Permit
and approval from the Wisconsin Department of Transportation.
3. Sign #3 shall be no larger than 200 square feet in size consistent with what is generally
allowed in the Commercial District, unless the sign contains an electronic message
board, in which case it shall be no larger than 300 square feet. The message board
shall contain static, non - moving announcements consistent with the general sign
provisions in the St. Croix County Zoning Ordinance and the provisions for electronic
and on -site signs in Wisconsin Administrative Code Trans 201. The applicants shall
have only one electronic message sign on their property.
4. The directional signs at the intersections at Highway C and at River's Edge Road
(Signs #1 and #4) shall be no larger than 200 square feet in size. The signs shall not
contain any electrical components (except for lighting) and shall be consistent with
general sign provisions in the St. Croix County Zoning Ordinance and the provisions
for on -site signs in Wisconsin Administrative Code Trans 201.
5. Prior to construction of Sign #1, the applicants shall submit to the Zoning
Administrator evidence that the sign will not be an "off- premises" sign.
6. All signs must be located a minimum of 10 feet from all property lines and located
500 feet from adjacent agricultural or residential properties. All illuminated signs shall
be designed with shielded light sources so as not to produce glare onto adjacent
properties. Any change in the design or placement of the on -site signage requires prior
approval by the Zoning Administrator, who may determine that approval from the
Board of Adjustment is needed.
7. Within six months of completing installation of the signs, the applicants shall submit
to the Zoning Administrator photos of the signs and associated lighting to ensure that
everything has been constructed as approved.
8. Any changes or expansions to the design or use of the existing facilities at River's
Edge shall require prior approval by the Zoning Administrator, who may determine
that approval from the Board of Adjustment is necessary.
9. The applicants shall have one (1) year from the approval of this special exception
amendment to commence construction of the signs and two (2) years from the date of
this approval to substantially complete the construction. If the approval expires within
this timeframe, the applicant will be required to secure a new special exception
approval. Upon prior request from the applicants, the Zoning Administrator may grant
a six -month extension.
10. These conditions may be amended or additional conditions may be added if
unanticipated conditions 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.
11. Accepting this decision means that the applicants have read, understand, and agree to
all conditions of this decision.
The following vote was taken to approve: Nelson, yes; Struemke, yes; Luckey, yes; Zoerb,
yes; Chairperson Malick, yes. Motion carried unanimously.
NEW BUSINESS
Paulson: Special Exception
Paul Paulson was sworn and testified. The staff report was given by Jenn Emmerich. She
presented the Board with Exhibit #5 -a copy of a 2002 Special Exception for Paulson.
Motion by Struemke, seconded by Zoerb to approve Special Exception based on the following
Findings of Fact and Conclusions of Law:
1. The applicant is Paul Paulson, owner of Mann Valley LLC, 50 County Road E, Houlton,
WI 54082.
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2. The site is located in the NW 1 /4 of the NE' /4 of Section 27, T30N -R20W, Town of St.
Joseph, St. Croix County, Wl.
3. The applicant filed an application with the Board of Adjustment for a variance for a pole
shed to exceed the maximum height of an accessory structure pursuant to Section
17.12(5) of the St. Croix County Zoning Ordinance.
4. The proposed pole shed meets all other dimensional standards.
5. The proposed pole shed will not negatively impact the character of the area as one new
structure will be replacing three deteriorating structures.
6. The Town of St. Joseph has recommended approval of this request.
7. There has been no public opposition to the request.
8. Literal enforcement of the provisions of the ordinance would not allow for the indoor
storage of large -sized modem machinery.
9. In granting this variance, the spirit of the Ordinance shall be observed and substantial
justice done by allowing the applicant to store large machinery and equipment inside
rather than outside where it can impact neighboring properties.
On the basis of the above Findings of Fact and Conclusions of Law, and the record herein, the
Board approved the applicant's variance request, with the following conditions:
1. This variance allows the applicant to construct a 4,860 square foot (60' x 81') pole shed
at a height not to exceed 19' 3" at the midpoint between the eaves and the peak as
indicated on the plans submitted April 3, 2006. Approval of this variance does not
include any additional structures or appurtenances not indicated in the plans.
2. Prior to commencing construction, the applicant shall be responsible for securing a
building permit from the Town of St. Joseph and obtaining any other required local,
State, or Federal permits and approvals. No plumbing shall be installed in this
building without a sanitary permit.
3. Prior to commencing construction, the applicant shall install erosion control measures
according to the Wisconsin Construction Site Best Management Practice Handbook.
The applicant shall establish permanent groundcover on all disturbed areas
immediately upon completion of construction.
4. Within six months of this approval, the applicant shall add another layer of recycled
asphalt to all parking areas to ensure that they are dust free. Upon complaint of dust and
review by the Zoning Administrator, the applicant may be required to pave
(asphalt/cement) the area.
5. Within six months of substantial completion of the building, the applicant shall install
the following to screen the new building:
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• Additional vegetative screening on the berm. The vegetation should consist of
evergreens not less than two feet tall and not more than four feet apart in a
staggered double row. The berm shall be mowed or mulched to maintain a neat
and orderly appearance.
• Along the west and north property lines, the applicant shall construct 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.
6. The applicants shall have one (1) year from the issuance of the special exception permit
to commence construction of the pole shed and two (2) years from the issuance of this
permit to substantially complete the project. Failure to do so shall result in expiration of
the special exception permit. If the special exception permit expires within this
timeframe, the applicant will be required to secure a new special exception permit. Upon
prior request from the applicant, the Zoning Administrator may grant approval for an
extension of up to six months.
7. Any minor addition or change in the plans presented shall require review and approval
by the Planning and Zoning Department prior to making the addition or change. Any
major addition or change to the originally approved variance will have to go through
the variance process.
8. Accepting this decision means that the applicant has read, understood, and agreed to
all conditions of this decision. By accepting this approval the owner(s) are ultimately
responsible for compliance with the conditions of this approval.
The following vote was taken to approve: Luckey, yes; Struemke, yes; Zoerb, yes;
Chairperson Malick, yes. Nelson not present. Motion carried unanimously.
Calvary - Assembly of God: Special Exception
The Staff Report was given by Jenny Shilcox. Dennis Batty, Architect for the project, Pastor
Richard Mannon, Robert Sackelton, Glenn Malcein, Audrey Thomas and Rex Maughan were
sworn and testified for the approval.
Motion by Nelson, seconded by Struemke to approve Special Exception based on the
following the Findings of Fact and Conclusions of Law:
1. The applicant is Calvary Assembly of God Church, property owner.
2. The site is located at the intersection of Highway 128 and 60 Avenue in the SE' /4 of
the SE' /4 of Section 33, T29N, R15W, Town of Springfield, St. Croix County,
Wisconsin.
3. The applicant filed with the Planning and Zoning Department an application for a
special exception permit to construct a new church, Calvary Assembly of God, in the
Ag Residential District pursuant to Section 17.15(6)(u) of the St. Croix County Zoning
Ordinance.
4. This request would not violate the spirit or general intent of the St. Croix County Zoning
Ordinance in that a church is a reasonable and appropriate use in the Ag Residential
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District, which the property is currently zoned. Its location adjacent to Highway 128
makes it accessible to existing residential and agricultural properties, as well as future
residential growth that may occur in the area. The church will also provide the
community with a gathering place for family activities.
5. With conditions for storm water management, erosion control, landscaping, and
lighting, this request would not negatively impact the health, safety, or welfare of the
public, nor would it be substantially adverse to property values for residences since
negative impacts will be mitigated. Traffic from church services and activities will occur
during off -peak travel times and is not expected to have a detrimental impact on the
local road system.
6. With conditions for shielding light sources from adjacent properties, planting additional
native trees and shrubs to screen the parking areas and retain the rural agricultural
character of the area, and limiting the times of family activities and special events so as
not to create a nuisance or traffic problems, this request would not constitute a nuisance
by reason of noise, dust, smoke, odor or other similar factors.
7. The applicants will provide sufficient area for off - street parking pursuant to Section
17.57 of the St. Croix County Zoning Ordinance
8. All proposed buildings and the driveway meet required road setbacks from Highway
128 and 60 Avenue pursuant to Section 17.65(2) of the St. Croix County Zoning
Ordinance.
9. The proposed sign is appropriately sized and designed for the proposed use and meets
the general standards for signs pursuant to Section 17.65(2) of the St. Croix County
Zoning Ordinance.
10. The Town of Springfield has recommended approval of this request.
11. The St. Croix County Highway Department does not object to the approval of this
request.
12. The St. Croix County Land and Water Conservation Department does not object to the
approval of this request with conditions for recording the storm water plan and a
maintenance and monitoring agreement against the property.
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the
Board approved the applicant's special exception request, with the following conditions:
1. This special exception permit is for the Calvary Assembly of God, property owner, to
construct a church in the Ag Residential District in the Town of Springfield in
accordance with the revised site plan submitted on May 25, 2006. Approval for this
special exception permit does not include any additional grading and filling,
structures, impervious coverage, or uses not shown or indicated in the plans submitted
on April 3, 2006.
2. Prior to commencing construction of the church and parking areas, the applicant shall
secure all necessary local, state, and federal permits and approvals, including but not
11
limited to a Town Building Permit, County Sanitary Permit, and a Chapter 216 Permit
from the Wisconsin Department of Natural Resources (if required).
3. Within 60 days of this approval, the applicants shall submit to and have approved by
the Zoning Administrator a revised site plan that incorporates a landscaped buffer at
least 10 feet in width with native evergreen trees and shrubs at least six feet in height
at the time of planting along the lot lines to the east and to the west to better screen the
parking lot and to help blend the church in with the natural surroundings and rural
character of the area. The landscaped buffer shall attain 80% opacity at maturity. Upon
complaint by neighboring property owners and review by the Zoning Administrator,
the applicants may be required to provide this level of screening along the north and
south property lines.
4. Prior to commencing construction, the applicants must submit a financial guarantee
equal to 120% of approved construction estimates in favor of St. Croix County, to be
held by the Planning and Zoning Department for the paved parking lot; landscaping;
and the storm water management plan approved as part of this application to ensure
proper construction. The initial financial guarantee period shall be for a minimum of
one year and shall automatically renew until the County releases any or all of the
financial guarantees:
• Written estimates must be submitted to the Zoning Administrator for review
and approval.
• No construction, including earth moving, shall take place prior to approval of
the financial guarantees.
• The applicant shall have the engineer submit proof that the plans were installed
as approved. This document can be submitted in the form of an as -built or
other document that county staff can review to ensure the plans were installed
in accordance with the original design (See Condition #11).
• Upon substantial completion of all required improvements, the applicant shall
notify the Zoning Administrator of the completion of the improvements in
writing. The Zoning Administrator, in consultation with appropriate experts,
shall inspect the improvements.
• The County may retain a portion of the guarantee, for a period not to exceed
two years after final acceptance of an improvement to ensure the project has
been stabilized, this amount is not to exceed 15% of the cost of the
improvement.
5. Within 60 days of completing construction, the applicant must record: 1) the revised
storm water management plan, 2) permanent drainage easements for all storm water
management facilities and retention areas, and 3) an operation and maintenance
agreement against the property, and provide a recorded copy to the Zoning
Administrator. The intent is to make future owners aware of the responsibilities
associated with the plans as well as the limitations incurred as a result of the plans.
6. The property owner shall maintain a minimum of 101 paved parking spaces and shall
be responsible for contacting the Zoning Administrator prior to making any changes or
additions to the buildings or the site to determine if additional parking is needed.
7. The entrance sign must be located a minimum of 10 feet from all property lines and
the lighting shall be designed to avoid glare onto adjacent properties. All general
12
standards in the St. Croix County Signage Ordinance shall be strictly adhered to. Any
change or addition in on -site signage requires prior approval by the Zoning
Administrator, who may determine that approval from the Board of Adjustment is
needed.
8. All lights on the site and on buildings must be downward directed and shielded away
from neighboring properties to avoid 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. Pole lights in the parking lot shall only be on during
the hours of church services.
9. Upon complaints of loud noise and review by the Zoning Administrator, the applicant
shall be responsible for noise reduction from church activities to at or below 50 dbA as
measured at all exterior lot lines throughout the duration of the permit.
10. The property shall be maintained in a neat and orderly manner.
11. Within six months of completing construction of the entire project, the applicants shall
submit to the Zoning Administrator photos and an as -built drawing of all completed
buildings, hard surface, storm water infiltration ponds, signs, lights, and landscaping
to ensure that everything has been constructed as designed and approved.
12. The applicant shall contact the Zoning Administrator to review this special exception
permit in two years from the approval date (May 2008) 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 amended or added without notice to the applicant and an opportunity for a hearing.
13. Any change in ownership of the church, use of the church building, or project details —
including but not limited to expansion, signage, 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.
14. The applicants shall have one (1) year from the issuance of the special exception
permit to commence construction of the church and two (2) years from the issuance of
this permit to substantially complete the project. Failure to do so shall result in
expiration of the special exception permit. If the special exception permit expires
within this timeframe, the applicant will be required to secure a new special exception
permit. Upon prior request from the applicant, the Zoning Administrator may grant
approval for an extension of up to six months.
15. Accepting this decision means that the applicants have read, understand, and agree to
all conditions of this decision.
The following vote was taken to approve: Nelson, yes; Luckey, yes; Struemke, yes; Zoerb,
yes; Chairperson Malick, yes. Motion carried unanimously.
13
St. Croix National: Golf Course Special Exception
Steve Whillock, General Manager and Partner for St. Croix National was sworn and testified.
Motion by Zoerb, seconded by Luckey to approve after having heard all the testimony,
considered the entire record herein, and reviewed the site. The Board makes the following
Findings of Fact and Conclusions of Law:
1. The applicants are St. Croix National, LP, property owners.
2. The site is located east of Highway 35/64 in Sections 7 and 18, T30N -R19W, Town of
Somerset, St. Croix County, Wisconsin.
3. The applicants filed with the Planning and Zoning Department an application for an
amendment to their special exception permit in order to construct a new directional
sign along Highway 35/64.
4. The proposed directional sign meets the spirit or general intent of the St. Croix County
Zoning Ordinance due to the fact that it will be located in a developed area near an
existing maintenance shed and the entrance to the existing clubhouse and banquet
facility, and with conditions for reducing the size, it will be appropriately sized so as not
to detract from the rural character, natural beauty, and other visual amenities of the area.
5. The proposed directional sign won't be substantially adverse to property values in the
neighborhood affected since it is located along a commercially zoned strip and is
adjacent to commercial uses on all sides, including Rivard Stone, Inc., which is the
property directly across Highway 35/64 to the west.
6. With conditions for shielding any future light sources, the proposed directional sign will
not constitute a nuisance by reason of light and visual pollution.
7. With conditions for reducing the size of the sign, the proposed directional sign will be
consistent with the size of on- premises directional signs that are found on other state
highways in St. Croix County. Given that the sign is directional, it should feature an
arrow and/or exit numbers /street names to provide guidance to travelers and address
potential safety concerns.
8. With conditions for shielding any future lighting and limiting the height of the sign, this
proposed directional sign would comply with general sign regulations outlined in
Section 17.65(2) of the Ordinance.
9. The Wisconsin Department of Transportation does not object provided the sign is
located within 50 feet of the advertised activity and in compliance with the standards for
on- premises signs in Wisconsin Administrative Code Trans 201, which the proposed
sign does comply with.
On the basis of the above Findings of Fact and Conclusions of Law, and the record herein, the
Board approved the applicant's request to amend their previously approved special exception
permit, with the following conditions:
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1. This special exception approval is for one 144 - square foot directional sign. Since the
sign is directional, it shall feature an arrow and/or exit numbers /street names to
provide guidance to travelers and address potential safety concerns. Approval for this
special exception amendment does not include any additional signs or sign
components; facility expansions; or other structures, uses or activities not shown or
indicated in the plans submitted.
2. Prior to commencing construction, the applicant shall secure all necessary local, State,
and federal permits and approvals, including but not limited to Town Building Permit
and approval from the Wisconsin Department of Transportation.
3. This request is approved unless the Town of Somerset requests a reconsideration
based on new information from the Town Board meeting no later than 15 days before
the next Board of Adjustment meeting.
4. The directional sign must be located a minimum of 10 feet from all property lines and
500 feet from adjacent agricultural or residential properties. If the sign is illuminated
in the future, it shall be done with a shielded light source so as not to produce glare
onto adjacent properties. Any change in the design or placement of the on -site sign
requires prior approval by the Zoning Administrator, who may determine that
approval from the Board of Adjustment is needed.
5. Within six months of completing installation of the directional sign, the applicants
shall submit to the Zoning Administrator photos of the sign to ensure that it has been
constructed as approved.
6. The applicant shall ensure that this new directional sign and all existing signs are
brought into compliance with the general requirements for signs pursuant to Section
17.65 of the Ordinance. All signs shall have a static display with no moving images,
parts, or attachments.
7. The applicants shall have one (1) year from the approval of this special exception
amendment to commence installation of the directional sign. If the approval expires
within this timeframe, the applicant will be required to secure a new special exception
approval.
8. 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.
9. Accepting this decision means that the applicants have read, understand, and agree to
all conditions of this decision.
The following vote was taken to approve: Nelson, yes; Luckey, yes; Struemke, yes; Zoerb,
yes; Chairperson Malick, yes. Motion carried unanimously.
15
St. Croix County Parks:Troy Beach Park Special Exception
Dave Larson, Operations Manager and Eunice Post, DNR were sworn and testified. Jenny
Shillcox gave the Staff Report.
Motion by Luckey, seconded by Nelson to approve the Special Exception based on the
following Findings of Fact and Conclusions of Law:
1. The applicant filed an application with the Board of Adjustment for a special
exception for the long -term maintenance of a public road right -of -way in the Lower
St. Croix Riverway District pursuant to Section 17.36 F.3.a.8) of the St. Croix County
Zoning Ordinance.
2. The applicant is the St. Croix County Parks Department, property owner, on behalf of
Troy Beach County Park.
3. The park is located in the SW 1 /4 of the SW ' / 4, Section 6, T28N, R19W, Town of Troy,
St. Croix County, WI.
4. With conditions for addressing the erosion and sedimentation problem on the property
and following the vegetation clearing standards in Section 17.36 H. 14.5)a-d) in the
Ordinance, this request:
• will not violate the spirit or general intent of the Lower St. Croix Riverway
District pursuant to Section 17.36 B. La.(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,
and
• will not constitute a nuisance by reason of noise, dust, smoke, odor or other
similar factors.
5. The proposed guardrail will be screened from the St. Croix River by existing
vegetation during summer, leaf -on conditions, and by the natural topography of the
site.
6. The guardrail will improve the safety of automobiles traveling on County Road FFF
and will best address the concerns of the County Risk Manager regarding the
prevention of injury and property damage. The County admits no liability.
7. The St. Croix County Highway Department does not object to this request.
8. The Wisconsin Department of Natural Resources has not objected to this request.
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the
Board approved the applicant's special exception request, with the following conditions:
1. Approval for this special exception does not include any filling and grading,
vegetation removal, or other activities not indicated in the plans submitted on April 3,
2006.
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2. Prior to commencing maintenance activities or installation of the guardrail, the
applicant shall secure necessary local, State, or Federal permits and approvals,
including but not limited to permits from the Town of Troy.
3. The applicant shall remove sediments deposited on County Road FFF after snowmelt
and storm events and transport the sediments off -site, and shall work with adjacent
property owners to try and address their erosion and runoff problems.
4. The applicant shall adhere to the standards in Section 17.36 H.14 of the Ordinance, in
particular the vegetation standards outlined in 5) a -d) in its ongoing ROW
maintenance of County Road FFF.
5. 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.
6. The applicant shall have one (1) year from the issuance of these approvals to
commence construction 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. Upon prior request from the
applicant, the Zoning Administrator may grant approval for an extension of up to six
months.
7. 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
public hearing.
8. Accepting this decision means that the applicant has read, understand, and agree to all
conditions of this decision.
The following vote was taken to approve: Nelson, yes; Luckey, yes; Struemke, yes; Zoerb,
yes, Chairperson Malick, yes. Motion carried unanimously.
Meyer: Special Exception for Sunset Electric
v p u
David Rakovszky, owner of Sunset Electric was sworn and testified.
Motion by Nelson, seconded by Luckey to approve Special Exception based on the following
Findings of Fact and Conclusions of law:
1. The applicant is David Rakovszky, owner of Sunset Electric, Inc.
2. The site is located in the SW I/4 of the NW 1 /4, Section 32, T29N -R18W, Town of
Warren, St. Croix County, WI.
3. The applicant filed an application with the Board of Adjustment for a special
exception permit for a contractor's storage yard pursuant to Section 17.15(6)(d) and
17.70(7)(a) 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 contractor's storage yards are allowed in the Ag Residential
district.
5. With maintenance of the adequate screening of the parking and outdoor storage areas,
this request will preserve the residential character and will not negatively impact the
public health, safety or general welfare, nor would it be substantially adverse to
property values in the neighborhood.
6. 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 of
vehicles and equipment.
7. The proposed sign would front on Interstate 94 at a location where the speed limit is
65 mph.
8. The proposed sign would not be visible from residential properties except the
properties across Interstate 94.
9. The proposed sign would not be silhouetted above the trees, but would have a back
drop of trees.
10. The proposed soil disturbance is less than one acre.
11. The Town of Warren has recommended approval of this request.
12. There has been no public opposition to the request.
On the basis of the above Findings of Fact and Conclusions of Law, and the record herein, the
Board approved the applicant's special exception request, with the following conditions:
1. This special exception permit allows the applicant to have a contractor's storage yard
to store vehicles and equipment related to Sunset Electric, Inc. as indicated in the
plans submitted on April 3, 2006 and May 10, 2006. Approval for this special
exception permit does not include any additional structures, services, or operations not
indicated in the plans as part of the current business.
2. The property owner shall provide documentation of legal access to the lot.
3. This permit allows the applicant to have one non - illuminated, single -faced sign not to
exceed 32 square feet and 11 feet in height, and one 25 square foot (5' x 5') sign, to be
mounted on the building. Any additional signage would require that the applicant
submit a new plan to the Planning & Zoning Department for review and approval.
4. Prior to commencing construction, the applicant shall secure a town building permit
from the Town of Warren and obtain any other required local, State, or Federal
permits and approvals.
5. If the applicant chooses to construct a house on the property, that structure would
become the principal dwelling and the pole shed associated with Sunset Electric, Inc.
would become an accessory structure and would have to comply with the height
restriction of accessory structures in the Ordinance.
18
6. The applicant shall be responsible for keeping the property in a neat and orderly
manner. No junk, junk vehicles or equipment shall be allowed to accumulate on the
property. No practices or junk items are permitted that may attract rodents or pose a
threat to the health, safety and welfare of the citizens of St. Croix County.
7. The applicant shall maintain the current level of mature trees that screen the property
from 100 Street and adjacent properties. The applicant shall maintain the current
level of mature trees as a backdrop to the sign.
8. Hours of operation shall not extend beyond 7:00 AM and 7:00 PM, Sun -Sat.
9. No onsite retail sales, services, or other operations shall be allowed.
10. No bulk hazardous materials shall be stored inside the buildings or on the site.
11. All lighting associated with the business shall be illuminated downward and shielded
away from neighboring properties to avoid glare.
12. The applicant shall be responsible for contacting the Zoning Administrator to review
this special exception permit in two years from the approval date for compliance (May
2008).
13. Any minor change or addition to the project, including but not limited to design of the
project, shall require review and approval by the Planning and Zoning Department
prior to making the change or addition. Any major change or addition to the originally
approved plan, including, but not limited to the addition of another business will have
to go through the special exception approval process.
14. These conditions may be amended or additional conditions may be added if
unanticipated conditions 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. Accepting this decision means that the applicant has read, understands, and agrees to
all conditions of this decision.
The following vote was taken to approve: Nelson, yes; Luckey, yes; Struemke, yes; Zoerb,
no; Chairperson Malick, yes. Motion carried on a 4 -1 vote.
Bailey/Brown: Special Exception for Tree of Peace
Nancy and Jeff Brown, owners were sworn and testified.
Motion by Struemke, seconded by Nelson to approve Special Exception based on the
following Findings of Fact and Conclusions of Law:
1. The applicants are Charles Bailey and Nancy Pugleasa - Brown, property owners.
2. The site is located at 384 208' Street in the NE t /4 of the NE '/4 of Section 29, T3 IN,
R19W, Town of Somerset, St. Croix County, WI.
19
3. The applicant filed with the Planning and Zoning Department an application for a
special exception permit to operate an historic, cultural, environmental, and
educational retreat for Tree of Peace, a non - profit organization, as an institutional use
in the Ag Residential District pursuant to Section 17.15(6)(u) of the St. Croix County
Zoning Ordinance.
4. Tree of Peace fits the general definition of "institution" due to the fact that it is a non-
profit organization that will use the property as a retreat to promote its vision and
goals.
5. This request would not violate the spirit or general intent of the St. Croix County Zoning
Ordinance in that the proposed retreat is a reasonable and appropriate use in this
location, which is surrounded on three sides by public land owned by the Wisconsin
Department of Natural Resources as part of the St. Croix Islands Wildlife Area. The
property has sensitive environmental, historical, and cultural features - including the
floodplain of the Apple River, prairie lands, an old farmstead, and Native American
burial grounds - that will be protected and enhanced through the use of site as an
educational retreat. Existing buildings and facilities on the property are also well suited
for use as an educational retreat.
6. The proposed historic, cultural, environmental, and educational retreat meets several
goals and objectives of the St. Croix County Development Management Plan by
protecting and enhancing natural beauty, conserving and protecting floodplains,
protecting environmental corridors where multiple natural features are located,
providing quality recreational opportunities for County residents, and providing quality
educational opportunities.
7. 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. The proposed
retreat is located at the end of 208` Street and is isolated from residential development.
The only adjacent residential property is a 40 -acre parcel to the southeast. Because use
of the property will be primarily for quiet reflection and educational programs, and the
majority of events will involve an average number of 15 participants with adequate on-
site parking, there should be little impact to adjacent properties. The retreat will also
help to preserve important natural, cultural, and historic amenities unique to the area,
which several neighboring property owners have written in support of.
8. With conditions for lighting, for limiting the hours and number of participants for
programs and events, and for review of the permit in two years, this request would not
constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors.
9. The proposed signs meet the setback requirements and other general standards for signs
pursuant to Section 17.65(2) of the St. Croix County Zoning Ordinance.
10. The St. Croix County Highway Department does not object to the approval of this
request.
11. The Wisconsin Department of Natural Resources has written in support of this request
because the Department is working with the applicants to protect the site and feels that
the proposed use is compatible with the uses on the adjoining state land and would help
to preserve the natural features and beauty of the property.
20
On the basis of the above Findings of Fact and Conclusions of Law, and the record herein, the
Board approved the applicant's special exception request, with the following conditions:
1. This special exception permit is for Tree of Peace, LLC, a non -profit organization, to
operate a historic, cultural, environmental, and educational retreat facility as an
institutional use in the Ag Residential District. This permit shall not be transferable
from person to person or entity to entity. Approval for this special exception permit
does not include any programs, uses, or new structures not shown or indicated in the
plans submitted on March 20, 2006, except as specified in Condition #12 below.
2. Prior to commencing use of the site as an educational retreat, the applicants shall
secure all necessary local, State, and federal permits and approvals, including but not
limited to revised County sanitary permits. New sanitary systems shall be installed
within one year of the approval of the sanitary permits. In the interim, the applicants
shall hire a licensed plumber to determine the capacity of the existing systems and
shall supplement the systems with portable units as deemed necessary by the County
Sanitary Specialists.
3. This request is approved unless the Town of Somerset requests a reconsideration
based on new information from the Town Board meeting no later than 15 days before
the next Board of Adjustment meeting.
4. The applicants shall maintain adequate off - street parking along the loops of the
existing gravel driveway. Open lawn areas shall be maintained for overflow parking
during special events. The applicants shall be responsible for contacting the Zoning
Administrator prior to making any changes or additions to the site or to buildings on
the site to determine if additional parking is needed. The applicant shall install signs to
ensure that parking is done in a manner that does not deter emergency vehicles from
accessing the site.
5. The entrance sign must be located a minimum of 10 feet from the right -of -way and all
property lines and shall be designed to reduce glare onto adjacent properties. All
general standards in the St. Croix County Signage Ordinance shall be strictly adhered
to. Any change in on -site signage requires prior approval by the Zoning Administrator,
who may determine that approval from the Board of Adjustment is needed.
6. All lights on the site and on buildings must be downward directed and shielded away
from neighboring properties to avoid glare, and photo cells and/or timers set to the
hours of the businesses.
7. Hours of operation shall not extend beyond 7:30 AM — 5:30 PM during the winter, and
6:30 AM — 9:30 PM during the summer, with occasional extended hours for special
events. Events with 15 — 65 participants shall not exceed 20 times per year, and events
with 65 participants or more shall not exceed 12 times per year. Overnight weekend
retreats shall not exceed 10 lodgers. The front gates shall always be closed by 10:00
PM.
8. The retreat facilities, including the grounds, shall not be rented out to private parties
and shall only be used for educational programs, events, and meetings related directly
21
to the vision and goals of Tree of Peace, LLC. There shall only be one permanent
residence on the property.
9. The floodplain, woodlands, prairie areas, and Native American burial grounds on the
site shall remain undeveloped and shall be preserved and/or restored in their natural
state in a manner that compliments the natural areas of the adjacent state -owned St.
Croix Islands Wildlife Area.
10. The property shall be maintained in a neat and orderly matter.
11. Every two years throughout the duration of this permit, the applicant shall submit to
the Zoning Administrator a report on their compliance with the conditions of the
special exception permit. At these times, the Zoning Administrator may also review
any complaints or issues with loud noise or dust from vehicles driving on 208 Street.
Existing conditions may be amended or additional conditions may be added to address
these issues or any other unanticipated circumstances that would affect the health
and/or safety of citizens or degrade the natural resources of St. Croix County.
Conditions will not be amended or added without notice to the applicant and an
opportunity for a public hearing.
12. Any change in ownership of the property or buildings, use of the property or
buildings, or expansions — including but not limited to the proposed additions to the
cottages or the proposed future construction of a new shed or lodging/kitchen building
— shall require prior review and approval by the Zoning Administrator and in some
circumstances through the special exception approval process as deemed necessary by
the Zoning Administrator and 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 as an historic, cultural, environmental, and
educational retreat facility. Failure to do so shall result in expiration of the special
exception permit. If the special exception permit expires within this timeframe, the
applicant will be required to secure a new special exception permit.
14. Accepting this decision means that the applicants have read, understand, and agree to
all conditions of this decision.
15. Prior to commencing use of the site as a retreat, the applicants shall submit to the
Zoning Administrator a copy of the lease agreement between the property owners and
i
Tree of Peace LLC.
The following vote was taken to approve: Nelson, yes; Luckey, yes; Struemke, yes; Zoerb,
yes; Chairperson Malick, yes. Motion carried unanimously.
Richie: Special Exception for Filling and Grading
Steve Richie, Applicant, Doug Rivard, Town Chairman, Eunice Post, DNR were sworn and
testified. Staff report was given by Shillcox.
Motion by Struemke, seconded by Zoerb to approve the Special Exception based on the
following Findings of Fact and Conclusions of Law:
22
1. The applicants are Steve and Joann Richie, property owners, 2236 100 Street, Somerset,
WI 54025.
2. The site is located in the SW' /4 of the NW %4 of Section 9, T3 IN, R18W, Town of Star
Prairie, St. Croix County, WI.
3. The applicant filed an application with the Board of Adjustment for a special exception
permit for filling and grading in the Shoreland District of Squaw Lake pursuant to
Sections 17.29(2) (c) 1 -3 of the St. Croix County Zoning Ordinance.
4. All structures meet the setback and height requirements in the St. Croix County Zoning
Ordinance.
5. According to the report prepared by the Wisconsin Department of Natural Resources
titled Designation of Sensitive Areas — Squaw Lake, St. Croix Count, Squaw Lake is a
hypereutrophic lake that is highly vulnerable to sediment and nutrient loading.
6. Grading, filling, and related tree removal within the existing drainage way that surrounds
the applicants' property along the 100 Street and the southeast property lines has the
potential to increase sediments, nutrients, and the volume of runoff entering Squaw Lake.
With conditions for managing storm water runoff to minimize the risk of water pollution
and sedimentation entering Squaw Lake; minimizing the amount of unnecessary grading
and filling; restoring the native vegetation on the disturbed slopes and existing drainage
way surrounding the home site; and preserving and enhancing existing shoreline habitat
to maintain the ecological characteristics of Squaw Lake, this request:
• will not violate the spirit or general intent of the Shoreland District pursuant to
Sections 17.26 (3)(b)5.a. -c. and 7.a. and c. 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 comply with the requirements of Section 17.70 (7)(b) 2, 3 and 5 and will be
consistent with the provisions of Sections 17.70(7)(d) and (f) of the Ordinance.
7. The Town of Star Prairie recommends approval of this special exception request.
8. The St. Croix County Land and Water Conservation Department does not object to the
construction and location of the house, but does object to the amount of filling and
grading requested for creating a lawn area along the slopes to the south and east of the
home site, and recommends long -term storm water management and prohibiting the use
of phosphorous.
9. The Wisconsin Department of Natural Resources concurs with the Land and Water
Conservation Department and recommends that native vegetation along the natural
drainage ways to the lake be maintained, as well as compliance with the
recommendations for the lake in the DNR report titled, Designation of Sensitive Areas of
Squaw Lake, St. Croix County.
10. The Squaw Lake District has not responded to this request.
23
On the basis of the above Findings of Fact and Conclusions of Law, and the record herein, the
Board approved the applicant's special exception request, with the following conditions:
1. This special exception permit allows the applicants to disturb approximately 9,500 square
feet of land in the Shoreland District of Squaw Lake to construct a house and attached
garage and install a septic system as indicated in the plans submitted on April 3, 2006
and revised in the plans received by the Planning and Zoning Department on May 16,
2006 and on May 26, 2006, and in accordance with the conditions below. Approval for
this special exception permit does not include any additional grading and filling,
structures, or impervious coverage not indicated in the plans.
2. Prior to commencing construction, the applicants shall submit to and have approved by
the Zoning Administrator a revised erosion control plan. A double row of silt fence shall
be installed around the perimeter of the construction site. During construction, the
smallest amount of bare ground shall be exposed for as short a time as possible.
Immediately upon completion of the construction, temporary ground cover such as
mulch shall be used.
3. Prior to commencing construction, the applicants shall be responsible for securing any
additional permits from the Town of Star Prairie and obtaining any other required local,
State, or Federal permits and approvals, including but not limited to a County Sanitary
Permit.
4. Prior to commencing construction, the applicants shall submit to and have approved by
the Zoning Administrator a landscaping/ vegetation management plan for restoring native
vegetation to the slopes and drainage ways around the home site. The plan shall
incorporate permanent native grasses, shrubs, and trees into these areas to stabilize steep
slopes, substantially screen all structures from the lake during summer leaf -on conditions,
and provide native cover similar to what currently exists on the undisturbed areas of the
site.
5. During and after construction, the applicants shall follow the recommendations for
Squaw Lake in the Wisconsin Department of Natural Resources report titled,
Designation of Sensitive Areas of Squaw Lake, St. Croix County.
6. Within 30 days of this approval, the applicants must submit a financial guarantee equal to
120% of approved installation estimates in favor of St. Croix County, to be held by the
Planning and Zoning Department for native vegetation restoration and storm water
management measures to ensure proper installation. The initial financial guarantee
period shall be for a minimum of one year and shall automatically renew until the County
releases any or all of the financial guarantees:
• Written estimates must be submitted to the Zoning Administrator for review
and approval.
• No construction, including earth moving, shall take place prior to approval of
the financial guarantees
• The applicant shall have the engineer or registered landscape architect submit
proof that the plans were installed as approved. This document can be
submitted in the form of an as -built or other document that county staff can
24
review to ensure the plans were installed in accordance with the original design
(see Condition #8).
• Upon substantial completion of all required improvements, the applicant shall
notify the Zoning Administrator of the completion of the improvements in
writing. The Zoning Administrator, in consultation with appropriate experts,
shall inspect the improvements.
• The County may retain a portion of the guarantee, for a period not to exceed
two years after final acceptance of an improvement to ensure the project has
been stabilized, this amount is not to exceed 15% of the cost of the
improvement.
7. Within 60 days of this approval, the applicants shall execute and record affidavits against
the property describing the following items:
• the storm water management plan and an operation plan and maintenance
agreement for the rain gardens, and
• the vegetation management/landscaping plan for the rain gardens, 35 -foot
buffer area, and slopes and drainage ways.
The applicants shall provide recorded copies to the Zoning Administrator at this time.
The intent is to make the current and future owners aware of the responsibilities as
well as the limitations incurred as a result of the conditions of this decision and the
associated plans.
8. Within 60 days of completing construction, the applicants shall submit to the Zoning
Administrator certification or record drawings prepared by the project engineer ensuring
that all construction, final grading, and storm water management measures have been
installed as indicated in the plans, and photographs of the property as viewed from all
angles, including from the lake.
9. The applicants shall not use phosphorous fertilizers to establish and maintain a lawn on
the disturbed area of the site, unless a soil test confirms that phosphorous is needed.
10. Any minor change or addition to the project, including but not limited to design of the
project, shall require review and approval by the Zoning Administrator prior to making
the change or addition. Any major change or addition to the originally approved plan
will have to go through the special exception approval process.
11. The applicants shall have one (1) year from the issuance of the special exception permit
to commence construction and two (2) years from the issuance of this permit to
substantially complete the project. Failure to do so shall result in expiration of the special
exception permit. If the special exception permit expires within this timeframe, the
applicant will be required to secure a new special exception permit. Upon prior request
from the applicant, the Zoning Administrator may grant approval for an extension of up
to six months.
12. These conditions may be amended or additional conditions may be added if
unanticipated conditions 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.
25
13. Accepting this decision means that the applicants and other owners of the property have
read, understand, and agree to all conditions of this decision.
The following vote was taken to approve: Luckey, yes; Struemke, yes; Zoerb, yes;
Chairperson Malick, yes. Motion carried on a 4 -0 vote (Nelson not present).
Cedar Lake: Speedway/Track Motorsports Special Exception
Roger Humphrey, Humphrey Engineering, Donnie Vincent and Stephen Kaufinan were sworn
and testified. Shillcox gave the Staff Report. Discussion was held concerning a DNR Chapter
30 Permit. Conditions were reviewed & discussed by the Board.
Motion by Struemke, seconded by Nelson to approve with conditions based on the following
Findings of Fact and Conclusions of Law:
1. The applicants are Cedar Lake Speedway, current property owner, along with
Tabletop Properties, LLC and Track Motorsports, LLC, pending property owners.
2. The site is located off of Old Mill Road in the SW 1 /4 of the NW 1 /4 and the SE 1 /4 of the
NW 1 /4 of Section 10, T3 1N, RI 8W, Town of Star Prairie, St. Croix County,
Wisconsin.
3. The applicant filed with the Planning and Zoning Department an application for a
special exception permit to operate an indoor motor sports facility in the Commercial
District pursuant to Section 17.18 of the St. Croix County Zoning Ordinance.
4. This request is consistent with the findings in Rezoning Resolution 719 (2006).
5. This request does not violate the spirit and intent of the St. Croix County Zoning
Ordinance in that the proposed indoor motor sports facility is a reasonable and
appropriate use in the Commercial District, which the property is currently zoned. The
location of this property is acceptable for the proposed use due to the fact that it is
adjacent to Cedar Lake Speedway, a legal nonconforming use that has existed at its
present location for many decades and serves as a regional destination. The two facilities
will be able to share infrastructure and host events that complement each other during
their respective off - seasons.
6. The proposed indoor motor sports facility will meet several goals and objectives of the
St. Croix County Development Management Plan by diversifying the economy,
providing employment opportunities, and encouraging the development of appropriate
private recreational facilities.
7. With adequate storm water management and erosion control measures to ensure that
runoff is infiltrated on site and does not drain onto adjacent residential properties or
sensitive wetlands; improvements to County Highway CC and Old Mill Road to address
the increased traffic generated by the use; and landscaping that screens adjacent
residents and buffers any noise from the facility, granting this request would not be
contrary to the health, safety, or welfare of the public, nor would it be substantially
adverse to property values for nearby residences.
26
8. With conditions for ensuring that all motor sports operations, practices and events at the
facility occur indoors; limiting the hours of operation; shielding light sources so as not
to produce glare onto adjacent residential properties; and planting additional trees and
shrubs to screen and buffer the facility and parking areas, this request would not
constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors.
9. The standards have been met to grant the special exception permit for indoor motor
sports facility pursuant to Section 17.18(1)(a -f) of the St. Croix County Zoning
Ordinance.
10. The applicants will provide sufficient area for off - street parking pursuant to Section
17.57 of the St. Croix County Zoning Ordinance.
11. The proposed building meets the required road setback from Old Mill Road pursuant to
Section 17.60 6.a. of the St. Croix County Zoning Ordinance.
12. The proposed on -site signs are appropriately sized for and consistent with the size of
signs historically approved by the Board of Adjustment for uses in the Commercial
District. The signs meet the setback requirements and other general standards for signs
pursuant to Section 17.65(2) of the St. Croix County Zoning Ordinance.
13. The Town of Star Prairie has recommended approval of this request with 12 conditions.
14. The St. Croix County Land and Water Conservation Department does not support
approval of the request until the applicants submit to and have approved by the
Department a revised grading and storm water management plan that meets NR 151
infiltration standards.
15. The St. Croix County Highway Department recommends improvements to County
Highway CC to address traffic safety concerns, specifically to add turning and passing
lanes at the intersection of Old Mill Road.
16. The Wisconsin Department of Transportation does not object to the special exception
request.
17. The Wisconsin Department of Natural Resources does not support approval of the
request until the applicants submit to and have approved by the Department a revised
grading and storm water management plan that meets NR 151 infiltration standards, as
well as a navigability determination for the wetland on the adjacent property to the north
(owned by Cedar Lake Speedway).
On the basis of the above Findings of Fact and Conclusions of Law, and the record herein, the
Board approved the special exception request, with the following conditions:
1. This special exception permit is for Tabletop Properties, LLC and Track Motorsports,
LLC to construct and operate an indoor motorsports facility in the Commercial District.
Approval for this special exception permit does not include any additional grading and
filling, structures, impervious coverage, or uses not indicated in the plans submitted by
Humphrey Engineering on April 17, 2006, except as provided in the following
conditions.
27
2. Prior to commencing construction of the indoor motorsports facility, the applicant
shall secure all necessary local, State, and federal permits and approvals, including but
not limited to a Town Building Permit, County Sanitary Permit, and any required
permits from the Wisconsin Department of Natural Resources.
3. Prior to commencing construction, the applicants shall submit to and have approved
by the Zoning Administrator a revised storm water management plan that meets NR
151 standards and is consistent with the storm water standards in the Lower St. Croix
Riverway District as recommended by the Land and Water Conservation Department
and Wisconsin Department of Natural Resources. Storm water management shall be
done in a manner that is not detrimental to the wetland.
4. Prior to commencing construction, the applicants shall submit to the Zoning
Administrator a navigability determination for the wetland on the adjacent property to
the north as recommended by the Wisconsin Department of Natural Resources.
5. Prior to commencing construction, silt fence shall be installed around the perimeter of
the construction site in accordance with the approved erosion control plan. During
construction, the smallest amount of bare ground shall be exposed for as short a time
as possible, and temporary ground cover such as mulch shall be used. Upon
completion of construction, the site shall be restored with permanent groundcover as
soon as practicable. Given the close proximity of the wetland to the north, the
applicants shall not use phosphorous fertilizers to establish and maintain vegetation on
the disturbed areas of the site, unless a soil test confirms that phosphorous is needed.
6. Prior to commencing construction, the applicants must submit a financial guarantee
equal to 120% of approved construction estimates in favor of St. Croix County, to be
held by the Planning and Zoning Department to cover the incremental costs of road
improvements to the intersection of County Highway CC and Old Mill Road as
deemed necessary by the St. Croix County Highway Department; and to ensure the
proper installation of the storm water management measures and paved parking and
driving surfaces, the establishment of permanent vegetation on all disturbed areas; and
the implementation of the landscaping plan approved as part of this application. The
initial financial guarantee period shall be for a minimum of one year and shall
automatically renew until the County releases any or all of the financial guarantees:
• Written estimates must be submitted to the Zoning Administrator for review
and approval.
• No construction, including earth moving, shall take place prior to approval of
the financial guarantees.
• The applicant shall have the engineer submit proof that the plans were installed
as approved. This document can be submitted in the form of an as -built or
other document that county staff can review to ensure the plans were installed
in accordance with the original design (see Condition #9).
• Upon substantial completion of all required improvements, the applicant shall
notify the Zoning Administrator of the completion of the improvements in
writing. The Zoning Administrator, in consultation with appropriate experts,
shall inspect the improvements.
• The County may retain a portion of the guarantee for a period not to exceed
two years after final acceptance of an improvement to ensure the project has
been stabilized, this amount is not to exceed 15% of the cost of the
improvement.
28
�I
7. Prior to commencing construction, the applicants shall schedule an on -site pre -
construction meeting with the Zoning Administrator to:
• provide a construction timeline and contact information for all of the
excavators, landscapers, architects, builders, plumbers, and other contractors
working on the site,
• ensure that all pre - construction conditions have been met;
• ensure that all contractors 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. Within 30 days of substantially completing construction, the applicants must record:
1) the revised storm water management plan, 2) permanent drainage easements for all
storm water management facilities and retention areas, 3) an operation and
maintenance agreement for the storm water infiltration ponds, and 4) permanent
access easements for all shared parking and driving surfaces against the property, and
provide a recorded copy to the Zoning Administrator. The intent is to make current
and future owners aware of the responsibilities associated with the plans as well as the
limitations incurred as a result of the plans. For the purposes of this decision,
substantially complete means the facility is ready for use for the intended purpose.
9. Within 30 days of substantially completing construction of the entire project, the
applicants shall submit to the Zoning Administrator photos and an as-built drawing of
the completed building, paved and unpaved parking surfaces, storm water
management measures, signs, lights, and landscaping to ensure that everything has
been constructed and installed as approved.
10. The applicants shall adhere to the following items as recommended by the Town of
Star Prairie:
• Submit to the County Zoning Administrator an emergency evacuation and
severe weather plan.
• Have a dispatch control center for all emergency contacts, both as call out and
incoming calls.
• Have a minimum of one sheriff deputy (who needs to be a licensed officer in
the State of Wisconsin) per race or per 1000 occupants, whichever is greater.
• No parking on County Highway CC.
• No fireworks.
11. The applicants shall maintain a minimum of 243 paved parking spaces, plus lawn area
to provide overflow parking for an additional 143 vehicles and trailers, and shall be
responsible for maintaining adequate off - street parking throughout the duration of the
operation and contacting the Zoning Administrator prior to making any changes or
additions to the buildings or the site to determine if additional parking is needed.
12. The indoor motor sports building shall be earth -tone in color.
13. The applicants shall obtain prior approval from the Zoning Administrator for any
change or addition in signage, which may require approval from the Board of
Adjustment.
29
14. All lights on the site and on the building must be downward directed and shielded
away from neighboring properties to avoid glare, and photo cells and/or timers set to
the hours of the businesses (except for security lights, which may remain on after
hours).
15. All operations, practices, events, or other activities on the site must be done within the
indoor motor sports building, and noise control must be at or below 50 deciples as
measured at all exterior lot lines.
16. Hours of operation shall not extend beyond 9 AM —10 PM Sunday through Thursday
and 7AM — 10 PM on Fridays and Saturdays with occasional extended hours upon
prior written notification to the Zoning Administrator.
17. The building and property shall be maintained in a neat and orderly manner.
18. All fueling must be done inside the building and on an impervious and properly
contained surface.
19. The applicant shall contact the Zoning Administrator to review this special exception
permit in two years from the approval date (June 2008) for compliance with the
conditions of this approval. These conditions may be amended or additional conditions
may be added to address complaints or if unanticipated circumstances arise —
including but not limited to the condition of the wetland and adequacy of the parking -
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
applicant and an opportunity for a hearing.
20. Any change in ownership or use of the property, buildings, and/or business; or change
or addition to the property, building, or facilities; or changes to the current project
details — including but not limited to future expansion, signage, 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.
21. Any permanent and/or event camping or any person (except security or staff) staying
overnight on the site shall require separate special exception approval by the Board of
Adjustment.
22. The applicants shall have one (1) year from the issuance of the special exception
permit to commence construction of the indoor motor sports facility and two (2) years
from the issuance to substantially complete the project. Failure to do so shall result in
expiration of the special exception permit. If the special exception permit expires
within this timeframe, the applicants will be required to secure a new special
exception permit. The applicants may request an extension of up to six months from
the Zoning Administrator.
23. Accepting this decision means that the applicants and other property owners have
read, understand, and agree to all conditions of this decision.
The following vote was taken to approve: Nelson, yes; Struer ke, yes; Zoerb, yes; Luckey,
yes; Chairperson Malick, yes. Motion carried unanimously.
30
Sandahl: Special Exception and Variance
Jerald Sandahl, applicant and Troy Nemmers were sworn and testified. Shillcox gave the Staff
Report.
Motion by Zoerb, seconded by Struemke to approve Special Exception and Variance with
conditions based on the following Findings of Fact and Conclusions of Law:
General Findings:
The following general findings of fact are pertinent to the special exception and variance
requests:
1. The applicant is Jerald Sandahl, property owner, 1428 47 Street, Houlton, WI 54082.
2. The parcels are located on Twin Springs Road in part of Government Lot 1, Section
14, T30N, R20W, Town of Somerset, St. Croix County, WI.
3. The Land & Water Conservation Department does not object to these special
exception and variance requests with conditions for using a wet native seed mix on the
disturbed areas of the site; submitting an engineered plan for removing the fill and
brush from the ravine and restoring the slopes with vegetation; prohibiting the use of
phosphorous fertilizers; and recording an operation and management plan for the
storm water infiltration pond against the property.
4. The Wisconsin Department of Natural Resources does not object to these special
exception and variance requests with conditions for submitting a soil boring in the
location of the proposed storm water pond to ensure proper infiltration, and restoring
the ravine as soon as possible.
5. The National Park Service has verified that the terms of the scenic easement on the
applicant's property will be met with a condition that the seven lots be combined into
one lot prior to the issuance of a building permit, and that the fill and brush be
removed from the ravine and slopes be restored.
Item #1 Special Exception Findings and Conclusions:
The following findings and conclusions of law pertain to the special exception request:
6. The applicant filed an application with the Board of Adjustment for a special
exception for filling and grading within 40 feet of a slope preservation zone to
construct a residence in the Lower St. Croix Riverway District pursuant to Section
17.36 F.3.a. (5) of the St. Croix County Zoning Ordinance.
7. The proposed residence meets the setback and height requirements in the Lower St.
Croix Riverway District.
8. The applicants' property features steep slopes, ravines, hydric soils, and diverse plant
species including but not limited to sugar maple, Jack -in- the - Pulpit, jewelweed, and
trillium. Grading, filling, and related vegetation removal on the applicant's property
has the potential to increase sediments, nutrients, and the volume of runoff entering
the St. Croix River, and degrade a sensitive ecosystem. With conditions for controlling
31
erosion; ensuring that storm water runoff is adequately infiltrated on site; restoring the
native vegetation on all disturbed areas surrounding the home site; and preserving and
enhancing the remaining remnants of native vegetation on the site, this request:
• will not violate the spirit or general intent of the Lower St. Croix Riverway
District pursuant to Section 17.36 B. La. (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.
Item #2 Variance Findings and Conclusions:
The following findings and conclusions of law pertain to the variance request:
9. The applicant filed an application with the Board of Adjustment for a variance to
restore a ravine that is within the slope preservation zone in the Lower St. Croix
Riverway District pursuant to Section 17.36 H.3.c. of the St. Croix County Zoning
Ordinance.
10. Literal enforcement of the Ordinance would result in unnecessary hardship since the
loose -dump fill and brush already exists along the ravine and the applicant has no
other options for removing it and restoring the steep slopes in a manner that can meet
the requirements of the Lower St. Croix Riverway District. It appears that water is
running off the neighbor's property and causing erosion along the ravine on the
applicant's property.
11. Granting this variance would meet the spirit and intent of the St. Croix Riverway
District and Wisconsin State Administrative Code NR 118 in that it will allow the
applicant to address the negative environmental impacts of the loose -dump fill and
brush that already exists along the ravine. Granting the variance would ensure that the
water quality of the St. Croix River is not compromised, that no future erosion and
sedimentation occurs, and that the steep slopes are restored with native vegetation to
maintain the scenic and natural characteristics of the water and related land of the St.
Croix River.
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the
Board approved the applicant's special exception and variance requests, with the following
conditions:
1. Approval for this special exception and variance does not include any filling and
grading, vegetation removal, structures, or other activities not indicated in the plans
submitted on April 3, 2006, except as provided in the conditions below.
2. Prior to commencing construction, the applicants shall secure all necessary local,
State, or Federal permits and approvals, including but not limited to a Town of
Somerset Building Permit, County Sanitary Permit, and DNR Chapter 30 Permit (if
necessary).
32
3. This request is approved unless the Town of Somerset requests a reconsideration
based on new information from its Town Board meeting no later than 15 days before
the next Board of Adjustment meeting.
4. Prior to commencing construction, the applicants shall submit to the Zoning
Administrator a revised site plan showing the removal of the retaining wall behind the
driveway, a reconfigured turn- around for the driveway that is further away from the
toe of the slope preservation zone, and verification that the deck on the southeast side
of the house will not be located in the slope preservation zone.
5. Prior to commencing construction, the applicant shall submit to the Zoning
Administrator a soil boring report for the location of the proposed storm water
infiltration pond to ensure that the soil type, depth to bedrock, and depth to seasonally
high groundwater allow for adequate infiltration of all storm water runoff on the site.
In the event that the soil boring report indicates that the location will not allow for
adequate infiltration, then the applicant shall submit to and have approved by the
Zoning Administrator a revised storm water management plan that infiltrates 100% of
the proposed impervious development storm water volume for the site for a 1.5 inch
rainfall event before any further excavating or construction.begins.
6. Prior to commencing construction, the applicants shall submit to the Zoning
Administrator a Compliance Deposit equal to the total 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 along with a Certificate of Compliance.
7. Prior to commencing construction, the applicants shall schedule an on -site pre -
construction meeting with the Zoning Administrator to:
• provide a construction timeline and contact information for all of the
excavators, landscapers, architects, builders, plumbers, and other contractors
working on the site,
• ensure that all pre - construction conditions have been met;
• ensure that all contractors 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, a double -row of silt fence shall be installed around
the perimeter of the construction site — including the home site, driveway area, and
septic system — and the lower edge of the ravine below the existing loose -dump fill.
Temporary fencing shall be installed around the drip lines of the remaining native
trees, saplings, and ground vegetation around the construction site and ravine area to
protect them from damage and soil compaction caused by equipment and contractor
traffic.
9. Prior to commencing construction, the applicant shall submit to and have approved
by the Zoning Administrator a plan prepared by a registered professional engineer to
minimize erosion along the gully head and address, restore, and minimize erosion on
the existing ravine and stabilize the steep slopes. The woody vegetation and fill that
was placed in the slope preservation zone shall be removed and disposed of in
accordance with local, state, and federal regulations.
33
e
•
10. Prior to commencing construction, the applicant shall submit to and have approved
by the Zoning Administrator a landscaping/vegetation management plan for the
disturbed areas around the construction site and the ravine in accordance with
Sections 17.36 H.S. (a -b) and H.B. of the St. Croix County Zoning Ordinance. The
plan shall include the planting and maintenance of native trees, shrubs, and
groundcover suited for the wet and shady conditions of the site and consistent with
the remaining vegetation remnants on the site.
11. During construction, the smallest amount of bare ground shall be exposed for as short
a time as possible, and temporary ground cover such as mulch shall be used. Upon
completion of construction, the vegetation management plan (Condition #10) shall be
implemented as soon as practicable.
12. The applicant shall not use phosphorous fertilizers to establish and maintain a lawn
on the disturbed area of the site, unless a soil test confirms that phosphorous is
needed.
13. All components of the residence - including the roof, trim, siding, and deck - must be
earth -tone in color in accordance with the color chart suggested by the Lower
Wisconsin Riverway Board December 1994 so as to be visually inconspicuous from
the river.
14. Within 30 days of completing construction, the applicants shall submit to the Zoning
Administrator certification or record drawings of the site prepared by a registered
surveyor and photographs of the property and the restored ravine as viewed from
Twin Springs Road and the St. Croix River. The applicant shall be responsible for
planting additional native trees and shrubs as determined necessary by the Zoning
Administrator to substantially screen the house from the river.
15. Within 30 days of completing construction, the applicants must record an affidavit
against the property describing the approved vegetation management plan, storm
water management plan, and related maintenance and monitoring requirements with
the County Register of Deeds. The intent is to make future owners aware of the
responsibilities incurred in maintaining the storm water management areas and
screening. The applicant must also submit a copy of the recorded affidavit to the
Zoning Administrator at this time.
16. Prior to commencing construction, the applicants must submit a CSM to the Planning
and Zoning Department to combine all seven parcels into one lot consistent with
Section 17.36 I.4. of the Ordinance. The applicants shall submit a copy of the
recorded CSM to the Zoning Administrator.
17. 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.
18. The applicant shall have one (1) year from the issuance of these approvals to
commence construction and two (2) years from these approvals to complete it.
Failure to do so shall result in expiration of the variance, after which time the
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applicant will be required to secure a new variance before starting or completing the
proj ect.
19. 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.
20. Accepting this decision means that the applicant and all property owners have read,
understand, and agree to all conditions of this decision
The following vote was taken to approve: Nelson, yes; Struemke, yes; Zoerb, yes; Luckey,
yes; Chairperson Malick, yes. Motion carried unanimously.
Malick declared the hearing closed and officially adjourned the meeting.
Respectfully submitted,
Sue Nelson, Secretary Judy Kahler, Recording Secretary
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