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Home My WebLink AboutBoard of Adjustment 06-22-06 ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, June 22, 2006 8:30 a.m. Government Center, Hudson, Wisconsin- County Board Room AGENDA A. CALL TO ORDER/ ROLL CALL B. OPEN MEETING LAW STATEMENT C. ACTION ON PREVIOUS MINUTES D. DATE OF NEXT MEETING: JULY 27, 2006 E. HEARINGS - See Attached F. UNFINISHED BUSINESS: G NEW BUSINESS Discussion of Board of Adjustment Procedures H. ANNOUNCEMENTS AND CORRESPONDENCE I. ADJOURNMENT (Agenda not necessarily presented in this order.) SUBMITTED BY: St. Croix County Planning and Zoning Department DATE: June 13, 2006 COPIES TO: County Board Office County Clerk Board Members News Media/Notice Board *CANCELLATIONS /CHANGES /ADDITIONS PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, June 22, 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. SPECIAL EXCEPTION 1. APPLICANT: Pentecostals of New Richmond LOCATION: SE 1/4 of the SE 1/4, section 24, T31N, R18W, Lot 2 CSM 17 -4523, Town of Star Prairie ADDRESS: 2018 Highway 65 REQUEST: Special exception request to construct a church in Ag- Residential District pursuant to Section 17.15(6)(u) of the St. Croix County Zoning Ordinance. 2. APPLICANT: Jeff Dunn LOCATION: The NW 1/4 of the NW 1/4, Section 30, T30N -R19W, Town of St. Joseph ADDRESS: 317 138th Avenue REQUEST: Special exception request for a major home occupation for a photography studio pursuant to Section 17.155(6) of the St. Croix County Zoning Ordinance. 3. APPLICANT: Todd Anderson LOCATION: The SE 1/4 of the SW 1/4, Section 9, T28N -R19W, Town of Troy ADDRESS: 421 No. Glover Rd. REQUEST: Special exception request for a contractor storage yard in the Ag- Residential District pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance. 4. APPLICANT: Kilkarney Hills Golf Club, applicant LOCATION: The NE 1/4 of the NE 1/4, Section 26, T28N -R19W, Town of Troy ADDRESS: 163 Radio Road, REQUEST: Request for an amendment to a special exception permit to add banquet facilities onto existing clubhouse at the Kilkarney Hills golf course. 5. APPLICANT: St. Croix County Parks Department, agent LOCATION: Part of W1 /2 of the SW '/4 of SE 1 /4, Section 36 T30N, R17W, Town of Erin Prairie ADDRESS: Pine Lake County Park, 120 Ave. and 205' St. REQUEST: Special exception request for filling & grading to install a public boat access in the Shoreland District of Pine Lake pursuant to Section 17.29(2)(c) of the St. Croix County Zoning Ordinance. 6. APPLICANT: Cemstone Ready -Mix LOCATION: SW' /4 of SE 1 /4, Section 16 T30N RI 8W, Lot 2 CSM 16/4403, Town of Richmond ADDRESS: 1190 County Road G, New Richmond, WI REQUEST: Request for an amendment to a special exception permit for a nonmetallic mining to construct a sign at a new entrance. SPECIAL EXCEPTION & VARIANCE 7. APPLICANT: Chris Rohl LOCATION: SE %4 of SE 1 /4, Section 11 T28N RI 9W, Town of Troy ADDRESS: 406 County Road U, Hudson, WI REQUEST: Item #1: Special exception request to renew and expand an existing nonmetallic p nsfleal 6 -6 mining operation, the Rohl Limestone Quarry, pursuant to Section 17.15(6)(g) of the St. Croix County Zoning Ordinance and subject to Section 14.3A.2.d of the St. Croix County Nonmetallic Mining Ordinance. Item #2: Variance request for mining in the setback from the right -of -way pursuant to Section 14.2A.7.a of St. Croix County Nonmetallic Mining Ordinance. 8. APPLICANT: Donna Murr LOCATION: Part of Government lots 1 & 2, Section 24 T28N R20W, Town of Troy ADDRESS: 202 Cove Ct., REQUEST: Item #1: Variance to sell and develop two contiguous substandard lots in common ownership in the Lower St. Croix Riverway District as separate building sites pursuant to Section 17.36 I.4.a.1 -3 of the St. Croix County Zoning Ordinance. Item #2: Variance to reconstruct and expand a nonconforming principal structure without using the same footprint as the original structure in the Lower St. Croix Riverway District pursuant to Section 17.36 I.2.e.l(g) of the St. Croix County Zoning Ordinance. Item #3: Variance for filling and grading and placing a structure in the slope preservation zone (SPZ) in the Lower St. Croix Riverway District pursuant to Section 17.36.H.3.a -c of St. Croix County Zoning Ordinance. Item #4: Special exception request for filling and grading within 40 feet of the slope preservation zone (SPZ) in the Lower St. Croix Riverway District pursuant to Section 17.36.F.3.a.5 of St. Croix County Zoning Ordinance. Item #5: Special exception request for filling and grading in excess of 2000 square feet in the Shoreland District pursuant to Section 17.29(2)(c)3 of the St. Croix County Zoning Ordinance. Item #6: Variance to construct retaining walls and stairs that encroach within the 200' OHWM setback in the Lower St. Croix Riverway District pursuant to Section 17.36 G.5.c.1 of the St. Croix County Zoning Ordinance. Item #7: Variance to construct a patio in the Lower St. Croix Riverway District pursuant to Section 17.36 G.5.c.1 of the St. Croix County Zoning Ordinance. Item #8: Variance to construct a deck within the 200' OHWM setback in the Lower St. Croix Riverway District pursuant to Section 17.36 G.5.c.1 of the St. Croix County Zoning Ordinance. All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the St. Croix County Planning and Zoning Department, Hudson, Wisconsin at (715) 386 - 4680. Clarence W. Malick, Chairperson St. Croix County Board of Adjustment BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES June 22, 2006 (This hearing recorded by Patti A. Meyer, Court Reporter.) The meeting was called to order by Chairperson Buck Malick at 8:30 a.m. A roll call was made. Linda Luckey, Charles Struemke, Sue Nelson and Jan Zoerb were present. Staff included: Jenny Shillcox, Zoning Specialist, Steve Olson, Land and Water Conservation Department, Bob Bezek, Code Administrator, Jenn Emmerich, Zoning Specialist, David Fodroczi, Planning and Zoning Director, and Jill Peterson Erickson/Judy Kahler, recorder. Staff assured the Board that this was a properly noticed meeting, and the agenda was adopted. The next meeting for the Board will be July 27, 2006. The meeting will be held in the County Board Room at the Government Center. The starting time will be 8:30 a.m. MINUTES There was a motion by Sue Nelson, seconded by Jan Zoerb to accept the minutes of May 25` 2006. Linda Luckey abstained from the vote and Charles Struemke was not present for the vote. The hearing was opened and testimony taken and recorded by a court reporter. NEW BUSINESS PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, June 22, 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. SPECIAL EXCEPTION 1. APPLICANT: Pentecostals of New Richmond LOCATION: SE 1/4 of the SE 1/4, section 24, T31N, R18W, Lot 2 CSM 17 -4523, Town of Star Prairie ADDRESS: 2018 Highway 65 REQUEST: Special exception request to construct a church in Ag- Residential District pursuant to Section 17.15(6)(u) of the St. Croix County Zoning Ordinance. 2. APPLICANT: Jeff Dunn LOCATION: The NW 1/4 of the NW 1/4, Section 30, T30N -RI 9W, Town of St. Joseph ADDRESS: 317 138th Avenue REQUEST: Special exception request for a major home occupation for a photography studio pursuant to Section 17.155(6) of the St. Croix County Zoning Ordinance. 1 3. APPLICANT: Todd Anderson LOCATION: The SE 1/4 of the SW 1/4, Section 9, T28N -R19W, Town of Troy ADDRESS: 421 No. Glover Rd. REQUEST: Special exception request for a contractor storage yard in the Ag- Residential District pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance. 4. APPLICANT: Kilkarney Hills Golf Club, applicant LOCATION: The NE 1/4 of the NE 1/4, Section 26, T28N -R19W, Town of Troy ADDRESS: 163 Radio Road, REQUEST: Request for an amendment to a special exception permit to add banquet facilities onto existing clubhouse at the Kilkarney Hills golf course. 5. APPLICANT: St. Croix County Parks Department, agent LOCATION: Part of W1/2 of the SW' /4 of SE 1 /4, Section 36 T30N, R17W, Town of Erin Prairie ADDRESS: Pine Lake County Park, 120 Ave. and 205 St. REQUEST: Special exception request for filling & grading to install a public boat access in the Shoreland District of Pine Lake pursuant to Section 17.29(2)(c) of the St. Croix County Zoning Ordinance. 6. APPLICANT: Cemstone Ready -Mix LOCATION: SW ' / 4 of SE t /4, Section 16 T30N R18W, Lot 2 CSM 16/4403, Town of Richmond ADDRESS: 1190 County Road G, New Richmond. WI REQUEST: Request for an amendment to a special exception permit (or a nonmetallic mining to construct a sign at a new entrance. SPECIAL EXCEPTION & VARIANCE 7. APPLICANT: Chris Rohl LOCATION: SE' /4 of SE '/4, Section 11 T28N RI 9W, Town of Troy ADDRESS: 406 County Road U, Hudson, WI REQUEST: Item #1: Special exception request to renew and expand an existing nonmetallic mining operation, the Rohl Limestone Quarry, pursuant to Section 17.15(6)(g) of the St. Croix County Zoning Ordinance and subject to Section 14.3A.2.d of the St. Croix County Nonmetallic Mining Ordinance. Item #2: Variance request for mining in the setback from the right -of- way pursuant to Section 14.2A.7.a of St. Croix County Nonmetallic Mining Ordinance. 2 8. APPLICANT: Donna Murr LOCATION: Part of Government lots 1 & 2, Section 24 T28N R20W, Town of Troy ADDRESS: 202 Cove Ct., REQUEST: Item #1: Variance to sell and develop two contiguous substandard lots in common ownership in the Lower St. Croix Riverway District as separate building sites pursuant to Section 17.36 I.4.a.1 -3 of the St. Croix County Zoning Ordinance. Item #2: Variance to reconstruct and expand a nonconforrning principal structure without using the same footprint as the original structure in the Lower St. Croix Riverway District pursuant to Section 17.36 I.2.e.I (g) of the St. Croix County Zoning Ordinance. Item #3: Variance for filling and grading and placing a structure in the slope preservation zone (SPZ) in the Lower St. Croix Riverway District pursuant to Section 17.36.H.3.a -c of St. Croix County Zoning Ordinance. Item #4: Special exception request for filling and grading within 40 feet of the slope preservation zone (SPZ) in the Lower St. Croix Riverway District pursuant to Section 17.36.F.3.a.5 of St. Croix County Zoning Ordinance. Item #5: Special exception request for filling and grading in excess of 2000 square feet in the Shoreland District pursuant to Section 17.29(2) (c)3 of the St. Croix County Zoning Ordinance. Item #6: Variance to construct retaining walls and stairs that encroach within the 200' OHWM setback in the Lower St. Croix Riverway District pursuant to Section 17.36 G.5.c.1 of the St. Croix County Zoning Ordinance. Item #7: Variance to construct a patio in the Lower St. Croix Riverway District pursuant to Section 17.36 G.5.c.1 of the St. Croix County Zoning Ordinance. Item #8: Variance to construct a deck within the 200' OHWM setback in the Lower St. Croix Riverway District pursuant to Section 17.36 G.5.c. I of the St. Croix County Zoning Ordinance. All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the St. Croix County Planning and Zoning Department, Hudson, Wisconsin at (715) 386 -4680. Clarence W. Malick, Chairperson St. Croix County Board of Adjustment 3 Application #1: Pentecostals of New Richmond Church Special Exception Request Applicant requests a special exception permit to construct a church in the Ag. Residential District in the Town of Star Prairie. Staff presented the request to the Board through a PowerPoint® presentation and went over the staff report, explaining that approval was recommended by the Town of Star Prairie and LWCD. The Wisconsin Department of Transportation issued no objections. The staff has recommended approval with conditions. Don Grant, Pastor, was sworn in to speak in favor of the project. He agrees with the staff presentation, and added that the Pentecostal Church was aware that the property had a shared driveway access. He also provided hours of operation and discussed the lighting (exhibit # 7) for the proposed parking lot and the sign in front of the church. No one testified in opposition. Application #2: Jeff Dunn Photography Special Exception Request Request for a special exception permit for a major home occupation to operate a photography studio out of a residence that he plans to construct on a recently purchased lot in the Town of St. Joseph. Staff presented the request to the Board through a PowerPoint® presentation and went over the staff report. It was reported that he is currently operating a studio in his present home, which was approved in September 1997, and there is no history of complaints. The business has one part-time employee, operates mainly from 9:00 a.m. to 5:00 p.m. with some occasional evening work, and has no outside storage or chemical risks. The new residence will provide off - street parking for its customers. There was a request that a 12 square foot sign at his current residence be allowed to move to the proposed residence. The Town of St. Joseph recommended approval. The staff recommended approval with conditions. Jeff Dunn, the owner of the business, was sworn in. He agreed with the staff report and went on to explain that Scott Green, the owner of the residence closest to the new proposed location, has no objections and gives his approval. He also stated that besides portraits he also does framing and has one part time employee. No one testified in opposition. Application #3: Todd Anderson Special Exception Request Request is for an after - the -fact special exception permit for a contractor's storage yard in the Ag Residential District of the Town of Troy. Staff presented the request to the Board through a PowerPoint® presentation and went over the staff report, explaining that the applicant ran a lawn service /snow removal operation and that there were no on site sales. The business is located on a 3.34 acre lot that features a single family home, a 1,500 square foot shed and a 1,800 square foot fenced in area for vehicles. Staff 4 I�� presented photos of the project. The Town of Troy has not given their approval, because they had not been notified before their last meeting. Staff reported that an application has been submitted to the Town Of Troy. The staff recommended approval with conditions. Troy Anderson, owner, was swom in. He stated that as of now the business has approximately 6 snowplows, 6 trucks, and 2 trailers that are parked beside the shed. Inside the shed, lie stores things such as mower vacuums, shovels, tools, four - wheelers, and snw.\ mobiles. I I has recently instructed his employees to park behind the fenced area. He stated that the area is only used as a storage and pick -up site for equipment and that no work is done on the premises, such as fueling and equipment maintenance. Marian Webber of 438 N. Glover Rd., a close neighbor of the Anderson property, was sworn in. Buck Malick stated that he served on a committee with her and at one time received firewood from her, but that it would not be a conflict of interest. She expressed concerns about the view and safety issues. She stated that the storage yard was visible for approximately 500 -800 feet and that everything in the fenced area was visible from across the road. She was concerned about the large number of cars that were parked there and that one side of the building was damaged because of all the traffic. She feels the property is an eyesore. She was also concerned about the amount of traffic because Glover Road is well traveled by pedestrians and bikers. A list of concerns (Exhibit 4) was submitted. Jim Webber of 438 N. Glover Rd. was sworn is. He stated that he is a supervisor in the Town of Troy and that he read the notice of the special exception in the paper. His opinion was that the Town of Troy would be opposed to this special exception. He presented a letter from Jodie Duntley, (Exhibit 5) expressing her concerns. Richard Inlow of 427 N. Glover Rd., a 35 year resident, was sworn in He presented a letter (Exhibit 6) expressing his and his wife's concerns. Byron Turner, who lives to the south of Todd Anderson, was sworn in. He expressed concerns about the noise and stated that there was nothing screened from his backyard view. Todd Anderson replied to the complaints by stating he doesn't deny there are cars parked there, but he tries to have his employee's park behind the fence. He also explained that the muddy area to the side of the building was due to a Waste Management truck crushing a drain and that rain water had washed his lawn away. Jim Webber responded by saying it was not rainwater, but driving that had ruined the lawn and that there were two verbal complaints to the Town of Troy about Anderson's property. The board recessed from 10:10 a.m. — 10:25 a.m. Application #4: Kilkarney Hills Golf Club Inc. Special Exception Request Request is for a special exception permit to expand an existing clubhouse and banquet hall at the Kilkamey Hills Golf Club in the Commercial District in the Town of Troy. Staff presented the request to the Board through a PowerPointq presentation and went over the staff report, explaining that this is a request for a 7,483 square foot addition to the existing 5 clubhouse with access from Radio Road. The project met all height, setback and parking provisions. Staff presented an e -mail from Pat O'Malley that stated they were adding two new employees and that they would increase the number of banquets from 40 -50 per year to 70 -80 per year. The Wisconsin Department of Transportation has not submitted a recommendation. The staff has recommended approval with conditions. Pat O'Malley, general manager and part owner, clarified that they moved a golf cart storage canopy to the end of the driving range, that hours of operation on the golf course will be from light to dark, and that the banquet facilities hours will be from 5:00 p.m. to midnight. He also stated that they would increase parking spaces from 78 to 113. No one testified in opposition. Application #5: St. Croix County Parks - Pine Lake Park Special Exception Request Request for a special exception permit for filling and grading within the Shoreland District of Pine Lake to install a new public boat ramp, located within Pine Lake County Park in the Town of Erin Prairie. Staff presented the request to the Board through a PowerPoint® presentation and went over the staff report. The new boat ramp will be 30 feet to the east of the existing boat ramp to allow for easier access to the lake. Staff presented an e -mail from the DNR (Exhibit 6) recommending approval, and a copy of the Board of Adjustment decision on the original boat ramp. The staff has recommended approval with conditions. Dave Larson, a County Parks employee, was sworn in. He explained how four surrounding towns would contribute $500 each to the project. He also stated that there are plans to renovate the existing parking lot. No one testified in opposition. Application #6: Cemstone Ready -Mix Special Exception Amendment Request Request is for an amendment to an existing special exception permit approved on July 22, 2004 for the Tammec /Cemstone/Monarch nonmetallic mining operation and facilities in the Town of Richmond. Staff presented the request to the Board through a PowerPoint® presentation and went over the staff report. The applicants propose to erect an illuminated, two panel V- shaped sign at the new entrance installed to the west of the previous entrance. The project meets the setback and hci ght provisions. The Town of Richmond approves the request (Exhibit 6). The staff has recommended approval with conditions. Steve Becken, a representative from Cemstone, stated that they have already planted trees on the new driveway, and that they have eliminated an old sign and driveway. No one testified in opposition. 6 Application #7: Chris Rohl Special Exception Renewal and Variance Requests Request is for renewal of a special exception permit to continue to operate and expand the existing Rohl limestone quarry in the Town of Troy, and variance to mine within the 100 -foot setback of Highway U. Staff presented the request to the Board through a PowerPoint® presentation and went over the staff report. Staff presented two e -mails from Kip Johnson, project engineer (Exhibit 9), and a copy of the minutes from the Troy Town Board recommending approval (Exhibit 11). The quarry is currently on five parcels totaling approximately 134 acres. The quarry was recently cut in half by the reconfiguration of County Highway U. Requested hours of operation are from 7:30 a.m. — 4:30 p.m. Monday through Friday, with 7:00 a.m. — 6:00 p.m. during crushing and on Saturdays only with the permission from the neighboring property owners, the Robinsons. E -mail from another neighbor, Donna Tronrud, expressing concerns about blasting, hours of operation and truck access was presented (Exhibit 10). Jeff Durkee, St. Croix Highway Department, recommended a paved access, moving the scale, removing stockpiled materials, adhering to the setback requirements, and providing a more detailed reclamation plan. The staff has recommended approval with conditions. Chris Rohl, owner, was sworn in. He explained that he wanted to mine a small spot, approximately 50' by 70', in the setback on the east side of Highway U. He stated that he realized he couldn't have stockpiles in the setback and said he would move them. No one testified in opposition. Application #8: Donna Murr Special Exception and Variance Requests Item #I: Variance to use two contiguous substandard lots in common ownership in the Lower St. Croix Riverway District as separate building sites and reconfigure the lot lines pursuant to Section 17.36 I.4.a.1 -3 of the St. Croix County Zoning Ordinance. Item #2: Variance to reconstruct and expand a nonconforming principal structure without using the same footprint as the original structure in the Lower St. Croix Riverway District pursuant to Section 17.36 I.2.e.1(g) of the St. Croix County Zoning Ordinance. Item #3: Variance to the 15 -foot flood fringe fill standard in the Floodplain District pursuant to Section 17.40 G.3.B.1 of the St. Croix County Zoning Ordinance. Item #4: Variance to construct retaining walls and stairs that encroach within the 200' OHWM setback in the Lower St. Croix Riverway District pursuant to Section 17.36 G.5.c.1 of the St. Croix County Zoning Ordinance. Item #5: Special exception request for filling and grading in excess of 2000 square feet in the Shoreland District pursuant to Section 17.29(2)(c)3 of the St. Croix County Zoning Ordinance. Item #6: Variance to reconstruct a concrete patio (a nonconforming accessory structure) in the Lower St. Croix Riverway District pursuant to Section 17.36 I.3.b of the St. Croix County Zoning Ordinance. 7 Item #7: Variance to construct a deck within the 200' OHWM setback in the Lower St. Croix Riverway District pursuant to Section 17.36 G.5.c.1 of the St. Croix County Zoning Ordinance. Staff presented the request to the Board through a PowerPointO presentation and went over the staff report explaining the various requests. Staff presented the applicant's goals, which are: 1. To reconstruct the home out of the flood fringe. 2. To save trees. 3. To have the home be as inconspicuous as possible. 4. To provide a clean, safe dwelling 5. To keep the river clean. Staff presented other options, which included building the house on the bluff. Staff recommends denial of the projects in entirety since it cannot meet all requirements of Shoreland, Riverway, and Floodplam Overlay Districts. Mike Waterman, Murr's attorney, was sworn in. He stated that having the existing building in the flood fringe has created a hardship for the Murr's. He reported that it was the town's idea to move the house back from its original footprint. Jon Sonnentag, surveyor, was sworn in. He questioned if the proposed structure would be in the slope preservation zone. Donna Murr, owner, was sworn in. She explained to the Board that the house was flooded five times. She stated that the new home would not be any wider than the existing home and that the section of the river where their property is located is not overcrowded with docks as presented in the staff report. She presented a picture (Exhibit 12) that showed damage from the flood of 2001. Donna Murr stated that the footprint of the existing home was over 1,000 square feet, which was confirmed by staff. Tom Murr, owner, was sworn in. He explained that the current septic system was a septic tank and cesspool. He stated the proposed driveway might impede emergency vehicles. Peggy Heaver was sworn in. She added her support to the project. Eunice Post, DNR, was sworn in and expressed concerns about the project. She recommended that the board deny the request in its entirety. Keith Heaver, architect on the project was sworn in. He stated that the proposed house would only need 450 -500 cubic yards of fill. The hearing was recessed at 12:55 p.m. for the Board to view sites. The Board reconvened at 4:10 p.m. 8 DECISIONS: After hearing testimony on the requested special exception and variance applications, reviewing the material in the record, and conducting site visits, the Board rendered the following decisions: Pentecostals of New Richmond Motion by Nelson, second by Struemke, to approve the special exception for a church in the Ag. Residential District in the Town of Star Prairie based on the following findings: 1. The applicant is Pentecostals of New Richmond, property owner. 2. The site is located in the SE' /4 of the SE' /4 of Section 24, T3 IN, 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 construct a new church, Pentecostals of New Richmond, 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 District, which the property is currently zoned. Its location adjacent to Highway 65 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 nearby 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 evergreen 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. The proposed building meets the required road setback from Highway 65 pursuant to Section 17.60 6.a. of the St. Croix County Zoning Ordinance. 9. The Town of Star Prairie has recommended approval of this request. 10. The Department of Transportation has approved the joint access on Hwy 65, but the 9 Board has concerns. 11. There has been no public opposition to the 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 maintenance and monitoring agreement against the property. With the following conditions: 1. This special exception permit is for the Pentecostals of New Richmond, property owner, to construct a church in the Ag Residential District in the Town of Star Prairie in accordance with the revised site plan submitted on May 1, 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 May 1, 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 limited to a Town Building Permit, County Sanitary Permit, and a Chapter 216 Permit from the Wisconsin Department of Natural Resources (if required). 3. This request is approved unless the Town of Star Prairie requests a reconsideration based on new information from the Town Board meeting no later than fifteen days prior to the next Board of Adjustment meeting. 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 appro\ al or 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. • 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. 10 5. Within 60 days of completing construction, the applicant shall install the landscaping plan submitted on May 1, 2006. 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 adjacent to the property 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. 6. 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. 7. The property owner shall maintain a minimum of 33 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. 8. The entrance sign must be located a minimum of 10 feet from all property lines and the lighting shall be designed to prevent glare onto adjacent properties. 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. 9. All lights on the site and on buildings must be downward directed and shielded away from neighboring properties to prevent glare. Only lights on the building or building overhangs at a level not to exceed the height of the lowest eaves may be left on overnight for security purposes. Pole lights in the parking lot shall only be on during the hours of church services. 10. 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. 11. The property shall be maintained in a neat and orderly manner. 12. 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 constricted as designed and approved. 13. 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 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. 11 14. 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. 15. 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. 16. Accepting this decision means that the applicants have read, understand, and a to all conditions of this decision. 17. Within 60 days the applicant shall provide a driveway maintenance plan for the shared portion of the driveway, to be approved by the Zoning Administrator. The agreement must also be recorded against the property at the Register of Deeds. 18. The applicant shall be responsible for constructing the joint driveway to the County specifications. The following vote was taken to approve: Nelson, yes; Luckey, yes; Struemke, yes; Zoerb, yes; Chairperson Malick, yes. Motion carried unanimously Cemstone Motion by Struemke, second by Nelson to approve the request for an amendment to an existing special exception permit to construct a two panel V- shaped sign, each side 64 square feet, based on the following findings: 1. The applicant is Cemstone Ready -Mix, Inc., property owner. 2. The site is located on County Highway G in Section 16, T30N, RI 8W, Town of Richmond, 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 install a new entrance sign along Highway G. 4. The proposed entrance sign would meet the spirit and intent of the St. Croix County Zoning Ordinance due to the fact that the sign will be appropriately sized and located so as to be effective in safely directing travelers on County Highway G to the new entrance while not detracting from the rural character, natural beauty, and other visual amenities of the area. 5. The proposed entrance sign would not be contrary to public health, safety, or general welfare, nor would it be substantially adverse to property values in the neighborhood affected due to the fact that: 12 • the entrance sign will be set back 100 feet from the centerline of Highway G and --300 feet from the only adjacent residential property to the west; • the adjacent residential property to the west is already screened with vegetative cover that the applicants plan to supplement with additional plantings for further screening; • at 10 feet in height, the entrance sign height will be less than the 35 -toot limit for signs; and • the entrance sign will be located on a parcel that is surrounded by the Tammec/ Monarch/ Cemstone mining operation to the north, east, and south; and is across the highway from the Utecht nonmetallic mining operation and the Pine Meadows Golf Course to the southeast and southwest, respectively. The parcel is also adjacent to industrially- zoned land that is part of the existing nonmetallic mining operation and facilities. 6. With conditions for shielding the light source and additional screening, the proposed entrance sign would not constitute a nuisance by reason of light and visual pollution. 7. With conditions for shielding the light source, the proposed entrance sign would comply with general sign regulations outlined in Section 17.65(2) of the Ordinance. 8. The Town of Richmond has recommended approval of the request. With the following conditions: 1. This special exception approval is for one illuminated, two -panel V- shaped entrance sign in accordance with the plans received on May 2, 2006 and as provided in the conditions below. 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. 3. Upon complaint by the adjacent property owner to the west and review by the Zoning Administrator, the applicant shall plant additional evergreen trees along the western property line to substantially screen the adjacent residential property from the sign, and shall submit to the Zoning Administrator photos of the sign and landscaping to ensure that everything has been designed and installed as approved. 4. The applicant shall ensure that the entrance sign complies with the general requirements for signs pursuant to Section 17.65 of the Ordinance. The illuminated sign shall be shielded to prevent glare onto adjacent properties and shall maintain a static display with no moving images, parts, or attachments. 5. Any change in the design or placement of the entrance sign requires prior review and approval by the Zoning Administrator, who may determine that approval from the Board of Adjustment is needed. 13 6. The applicant shall have one (1) year from the approval of this special exception amendment to complete installation of the sign. If the approval expires within this timeframe, the applicant will be required to secure a new special exception approval. 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 notice to the applicant and an opportunity for a hearing. 8. 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; Luckey, yes; Struemke, yes; Zoerb, yes; Chairperson Malick, yes. Motion carried unanimously d II The meeting was recessed at 5:00 p.m. The Board agreed to reconvene on Friday June 23 r at 8:30 a.m. to continue decisions. After reconvening at 8:30 a.m. on Friday, June 23 the Board rendered the following decisions: Todd Anderson Motion by Malick, second by Luckey to table the decision until next month to provide the applicant an opportunity to provide a landscape plan and to address noise buffer, traffic management and driveway renovation. The Board tabled the request with the following temporary conditions: 1. All vehicles must be stored behind the building or behind the fence. 2. Hours of operation shall be limited to 6:00 AM to WHO PM, 3. Follow the terms and conditions of the burning permit. The following vote was taken to table as indicated: Nelson, yes; Luckey, yes; Struemke, yes; Zoerb, yes; Chairperson Malick, yes. Motion carried unanimously. Jeff Dunn Motion by Struemke, second by Zoerb to approve the request for a special exception for a major home occupation to operate a photography studio based on the following findings: 1. The applicant is Jeff Dunn, property owner and operator of the proposed studio. 2. The site is located in the NW ' / 4 of the NW 1 /4 of Section 30, T30N, R19W, Town of St. Joseph, St. Croix County, WI. 14 3. The applicant filed an application with the Board of Adjustment for a special exception permit for a major home occupation to operate a photography studio pursuant to Section 17.155(5) of the St. Croix County Zoning Ordinance. 4. The proposed studio meets all of the general standards for home occupations pursuant to Section 17.155(4)(a) -(h), as well as standards specific to major home occupations pursuant to Section 17.155(6)(a) -(f) of the St. Croix County Zoning Ordinance, with the exception of the 6- square foot sign size and 500 -foot spacing requirements. The applicant proposes to use his existing 12- square foot sign, which is constructed of wood and is designed to be complementary to natural surroundings. The proposed studio will be —400 feet from the adjacent residence to the north, which is not visible from the applicant's property due to dense tree cover. The property owner to the north sold the property to the applicant and co- signed the original application in support of the proposed studio. There is no alternative location on the lot on which the residence and studio could be placed that would meet the setback. The purpose of this setback is to adequately buffer adjacent properties from any negative impacts, which would still be accomplished at a lesser distance as stipulated in the findings below. 5. This request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that major home occupations are allowed in the Ag Residential District, and granting this request will allow for the continuance of a small, locally owned and operated business that has provided services to the community for the past nine years. The location of the studio in the walkout basement of the new residence will not detract from the residential appearance of the property. Furthermore, the applicant plans to preserve and enhance the natural beauty of the property for outside photos, which will complement existing and future residential development. 6. Granting this request will not be contrary to the health, safety or general welfare of the public, nor will it be substantially adverse to property values in the neighborhood due to the fact that the residence is on a heavily wooded lot and all parking will be screened from adjacent properties, traffic is expected to be minimal, and the location of the studio inside the principal residence will maintain the residential character of the surrounding area. 7. This request does not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors since no loud noises, smoke, or odors will be produced, and no hazardous materials will be kept on the site. 8. The applicant has operated a photography studio out of his existing residence in St. Joseph for the past nine years and has complied with all of the conditions of his special exception permit. The County has no record of complaints or violations during this time, and the residential character of the property has been maintained. 9. The Town of St. Joseph recommends approval of this request. 10. The proposed photography studio would meet all of the criteria for a minor home occupation except for the fact that it employs one part-time employee who is not a resident of the principal structure, and that the sign will exceed two - square feet. 15 Therefore, the use will have minimal impact on the surrounding area and is not a typical major home occupation. 11. The 12- square foot sign exists as part of the existing photography studio approved by special exception permit on September 25, 1997. The sign is a custom sign of materials and colors that are compatible with the natural surroundings of the neighborhood. With the following conditions 1. This special exception permit allows the applicant, Jeff Dunn, to operate a photography studio out of his new home as indicated in the application submitted on May 1, 2006, and as provided in the conditions below. Approval for this special exception permit does not include any additional accessory structures, services, or operations not indicated as part of the plans. 2. This special exception permit shall be temporary in nature and shall be granted only to Jeff Dunn at Lot 8, Deer Meadows. It shall not be transferable from person to person or address to address. 3. Prior to commencing operation of the major home occupation at this location, the applicant shall obtain any other required local, state, or federal permits and approvals. 4. The existing level of vegetative cover along all property lines shall be maintained to substantially screen all parked vehicles from adjacent residential properties and public roads. Upon completion of the construction of the new residence, the applicant shall submit to the Zoning Administrator photos of the property from all adjacent property lines, and shall plant additional trees and shrubs as needed to ensure proper screening. 5. Hours of operation shall not extend beyond 8:00 AM and 10:00 PM daily. 6. The applicant shall have no more than one employee in addition to himself. 7. The applicant shall be responsible for keeping the property in a neat and orderly manner. No materials or equipment shall be stored outside or be allowed to accumulate on the property. 8. All lighting associated with the business shall be illuminated downward and shielded away from neighboring properties to prevent glare. 9. Signage shall be limited to one non - illuminated 12- square foot sign (the same sign used at the applicant's current Houlton residence) at the entrance of the property. Any replacement sign shall be limited in size to six - square feet and the design must be reviewed and approved by the Zoning Administrator. 10. 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 (June 2008). These conditions may be amended or more conditions may be added if unanticipated circumstances arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be changed without notice to the applicant and opportunity for a hearing. 16 11. Any minor change or addition to the major home occupation, including but not limited to a change in use or the addition of services or staff, 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. 12. 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; Luckey, yes; Struemke, yes; Zoerb, yes; Chairperson Malick, yes. Motion carried unanimously Pine Lake Park Motion by Nelson, second by Struemke to approve a special exception for filling and grading within the Shoreland District of Pine Lake to install a new public boat ramp based on the following findings: 1. The applicant is the St. Croix County Parks Department, Parks Administrative Office. 2. The site is located in Pine Lake Park in the SW 1 /4 of the SE 1 /4 of Section 36, T30N, R1 7W, Town of Erin Prairie, St. Croix County, WI. 3. The applicant filed an application with the Board of Adjustment for a special exception permit to fill and grade in excess of 2000 square feet and on slopes greater than 20 percent in the Shoreland District of Pine Lake pursuant to Section 17.29(2) of the St. Croix County Zoning Ordinance. 4. This request is for a public boat ramp that is dependent on a waterfront location. 5. This request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance as it will provide greater access to one of the few lakes in eastern St. Croix County and more opportunities for outdoor recreational activities including fishing and wildlife watching for the handicapped and elderly. 6. This request does not negatively impact the health, safety or general welfare of the public, nor will it be substantially adverse to property values in the surrounding area. The new design will improve the current condition of the site, as it will replace the existing gravel facilities with paved facilities and vegetated dry - retention areas to reduce the amount of sediments and storm water runoff entering the lake. 7. This request does not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors. Installation of the new boat launch will occur during the workweek and is anticipated to be completed within one week. 8. With the reestablishment of native vegetation at the old boat launch site and along the handicap - parking stall, the ecological and scenic characteristics of the shoreline will be maintained. 17 9. The Town of Erin Prairie has provided funding for this project but has not submitted a recommendation on this request. 10. The St. Croix County Land and Water Conservation Department has designed this project to meet NR 151 storm water runoff standards, and staff will oversee the construction and conduct final inspections of the completed project. 11. The Wisconsin Department of Natural Resources recommends approval of this request. 12. There has financial support for this project from the St. Croix County Sportsman's Alliance and the neighboring towns of Baldwin, Emerald, and Hammond. 13. Due to the Department of Natural Resources grant funding process, the applicants may need more than one year to commence construction. With the following conditions: 1. This special exception permit allows the St. Croix County Parks Department to disturb approximately 24,000 square feet of land and slopes greater than 20 percent in the shoreland area of Pine Lake to renovate a public boat launch and related facilities as indicated in the plans submitted on May 1, 2006 and as provided in the conditions below. Approval for this special exception permit does not include any additional grading and filling, structures, or impervious coverage not shown or indicated in the plans. 2. Prior to commencing construction, the applicants shall secure necessary permits from the Town of Erin Prairie and obtain any other required local, state, or federal permits and approvals. 3. During construction, the smallest amount of bare ground shall be exposed for as short a time as possible and Best Management Practices shall be implemented to control erosion on the site before, during, and after construction. Immediately upon completing construction, permanent native vegetation shall be planted in the retention area for the access drive and along the shoreline. 4. Within 60 days of completing construction, the applicant shall submit to the Zonmg Administrator photographs of the completed project. 5. Within 60 days of completing construction, the applicant shall submit to the Zoning Administrator an operation and maintenance plan for the storm water ponds, ditch checks, and infiltration trench. 6. Any signs on the property shall comply with the sign standards pursuant to Section 17.30 of the Ordinance. With approval from the Town of Erin Prairie, the applicant shall install "no- parking" signs along the shoulders of 120 "' Avenue and 205 Street within a quarter mile of the park entrance. 18 7. 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. 8. The applicant shall have two (2) years from the issuance of the special exception permit to commence construction. Failure to do so shall result in expiration of the special exception permit. If the special exception permit expires before construction commences, the applicant will be required to secure a new special exception permit before starting or completing construction on the project. 9. 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. n this decision means that the applicant and all property 0. Accepting pP owners have read, p p understand, and agree to all conditions of this decision. The following vote was taken to approve: Nelson, ves; I,UCI<CV. V c��'. /m:1 - 6. yes; Chairperson Malick, yes. Motion carried unanimously. Kilkarney Hills Golf Club, Inc. Motion by Struemke, second by Luckey to approve a special exception request to amend a special exception permit approved on August 27, 1992 to expand existing banquet facilities at the Kilkarney Hills Golf Club based on the following facts: 1. The applicant is Kilkarney Hills Golf Club, Inc., property owner. 2. The site is located off of Radio Road in the NE 1 /4 of the NE 1 /4 of Section 26, T28N, R19W, Town of Troy, St. Croix County, Wisconsin. 3. The applicant filed with the Planning and Zoning Department an application for a special exception amendment to expand existing banquet facilities at the Kilkamey Hills Golf Course in the Commercial District pursuant to Section 17.18 of the St. Croix County Zoning Ordinance. 4. This request is consistent with the special exception approved by the Board of Adjustment on August 27, 1992, for which the two conditions have been met. The County has no record of complaints or violations for the existing golf course and banquet facilities. 5. This request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that a larger banquet facility is a reasonable and appropriate use in the Commercial District, which the property is currently zoned. The location of the added banquet facilities onto the existing clubhouse and banquet hall (and the presence of existing infrastructure to support the addition), and the location of the facilities within the Kilkamey Hills Golf Course with its close proximity to State Highway 35 and the 19 City of River Falls make the site acceptable for the expansion of this type of operation. 6. The proposed banquet hall facility will meet several goals of the St. Croix County Development Management Plan by diversifying the economy and providing a community gathering place in western St. Croix County. According to the St. Croix County Economic Development Corporation, only eight banquet facilities currently exist in St. Croix County. 7. With conditions for erosion control and shielding light sources, 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. The golf course and existing banquet facilities have existed on the site for many years without complaints from neighbors and without generating traffic safety problems on Radio Road. Additionally, the existing building, proposed addition, and parking lot are adequately screened from adjacent residential properties by distance and by trees and landscaping on the golf course. 8. This request would not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors. The proposed banquet facilities will bring receptions and events that had previously been held outside, inside, which will reduce noise coming from the site. Additionally, the proposed banquet facilities will be adequately buffered from adjacent residential properties by distance and by trees and landscaping on the golf course. 9. The standards have been met to grant the special exception permit for expansion of the banquet hall 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. All existing and proposed buildings meet required road and property line setbacks pursuant to Section 17.60 6.a. of the St. Croix County Zoning Ordinance. 12. The Town of Troy has not submitted a recommendation on this request. 13. The City of River Falls has not submitted a recommendation on this request. The proposed banquet facilities are outside of the City of River Falls Extraterritorial Zoning District. 14. The St. Croix County Highway Department does not object to the approval of this request. 15. The St. Croix County Land and Water Conservation Department approves of the storm water management plans and does not object to the approval of this request. 16. The Wisconsin Department of Transportation has not submitted a recommendation on this request. 17. The applicant moved the cart storage shed from the Commercial District to a location 20 adjacent to an existing shed in the Ag Residential District (within the golf course). With the following Conditions: 1. This special exception permit is for Kilkarney Hills Golf Club, Inc., the applicant and property owner, to expand an existing banquet hall in the Commercial District. Approval for this special exception permit does not include any additional structures, grading and filling, impervious coverage, or uses not shown or indicated in the plans submitted on May 1, 2006 and as provided in the conditions below. 2. Prior to commencing construction of the addition, the applicant shall secure all necessary local, state, and federal permits and approvals. 3. The applicant shall maintain a minimum of 113 striped paved parking spaces available for the use of patrons' and employees' vehicles, 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. 4. All lights on the site and on buildings must be downward directed and shielded away from neighboring properties to prevent glare. Only lights on the building or building overhangs at a level not to exceed the height of the lowest eaves may be left on overnight for security purposes. Pole lights in the parking lot shall only be on during the hours of the golf course, clubhouse, and banquet facilities. 5. Hours of operation for the banquet facilities shall remain the same as the current hours. 6. The property shall be maintained in a neat and orderly manner. 7. No carts shall be stored on driving or striped parking areas indicated in the plans. Emergency vehicle access shall be maintained. 8. All petroleum products kept onsite and related to the golf course shall be stored in state - approved fuel storage containers and shall be in accordance with federal standards. 9. This request is approved unless the Town of Troy requests reconsideration based on new information presented at its Town Board meeting 15 days prior to the next Board of Adjustment meeting. 10. 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 management devices, signs, lights, and landscaping to ensure that everything has been constructed as designed and approved. 11. The applicant shall contact the Planning and Zoning Department 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 if unanticipated circumstances arise that would affect the health and /or safety of citizens or degrade the natural resources of St. Croix County. 21 I I Conditions will not amended or added without notice to the applicant and an opportunity for a hearing. 12. Any change or addition in ownership of the buildings or businesses, use of the buildings or type of businesses, or project details, including but not limited to expansion, signage, landscaping, or lot /access changes, shall require review and approval by the Zoning Administrator and in some circumstances through the special exception approval process as stated in the Ordinance. 13. The applicant shall have one (1) year from the approval of the special exception permit to commence construction of the addition and two (2) years from the approval 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. 14. 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; Luckey, yes; Struemke, yes; Zoerb, yes; Chairperson Malick, yes. Motion carried unanimously The Board recessed from 9:45 a.m. — 10:00 a.m. Murr Motion by Zoerb, second by Luckey to deny the project in its entirety since the project cannot meet all requirements of Shoreland, Riverway, and Floodplain Overlay Districts based on the following findings: General Findings: 1. The applicant is Donna Murr (Et Al), property owners, 8897 Campton Drive, Inver Grove Heights, MN 55076. 2. The address of the site is 202 Cove Road, River Falls, WI 54022. 3. The site is located in part of Gov. Lot 2, Section 24, T28N, R20W, Town of Troy, St. Croix County, WI. 4. The Town of Troy Planning Commission recommends approval of this project and proposes research on the use of contiguous substandard lots in common ownership. The Town Board has not acted on this request. 5. The Land & Water Conservation Department recommends denial of the project in its entirety due to negative environmental impacts. 22 6. The Wisconsin Department of Natural Resources recommends denial of the project in its entirety due to lack of a demonstrated hardship, failure to meet the spirit and intent of the Ordinance, and negative environmental impacts. 7. The Federal Emergency Management Agency has not submitted a recommendation on this project. Item #1 (Substandard Lot) Findings and Conclusions: 8. The applicants filed an application with the Board of Adjustment for a variance to use two contiguous substandard lots in common ownership in the Lower St. Croix Riverway District to be developed and/or sold as separate building sites. 9. The lots have been in common ownership and used by the applicants' parents and now the applicants for over 40 years. 10. Denying this variance would not constitute a taking and would not constitute an unnecessary hardship because it would not deprive the applicants of reasonable use of their property since their contiguous substandard lots can be developed and sold jointly as a single, more conforming parcel that is more suitable for residential development. 11. The fact that the applicants have paid property taxes on both lots and plan to sell and develop one of the lots in the future does not constitute a hardship, which cannot be based solely on an economic gain or loss. Furthermore, property taxes are determined by the tax assessor and are independent of zoning. i 12. Granting this variance would allow a use that is prohibited in the Lower St. Croix Riverway District. 13. Granting this variance would not meet the spirit and intent of the Lower St. Croix Riverway District, which limits the use of substandard lots for the purpose of reducing the adverse affects of overcrowding and poorly planned shoreline and bluff area development. The Cove Court area was developed nearly 50 years ago and features some of the most crowded development in the Rural Residential Management Zone of the Riverway District. The shoreline currently features numerous residential and accessory structures, as well as piers and docks that are highly visible from the river. Many of the lots also have outdated sanitary systems due to their small size and the presence of the slope preservation zone and floodplain. Granting this variance could result in yet another residence with access to the river, additional tree cutting and excavating, and another sanitary system in an area with serious limiting factors. The resulting development would not meet several other purposes of the Riverway District, including preventing soil erosion and pollution and contamination of surface water and ground water; providing sufficient space on lots for sanitary facilities; minimizing flood damage; maintaining property values; and preserving and maintaining the exceptional scenic, cultural, and natural characteristics of the water and related land of the Lower St. Croix Riverway in a manner consistent with the National Wild and Scenic Rivers Act and the Federal and Wisconsin Lower St. Croix River Acts. 23 14. Granting this variance is not consistent with the National Wild and Scenic Rivers Act, which was created to protect rivers, including the Lower St. Croix River, that, "with their immediate environments, possess outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural, and other similar values, and shall be preserved in free flowing condition, and protected for the benefit and enjoyment of present and future generations ". The St. Croix River is a national treasure and one of the few rivers in the United States that has regulations to protect its diverse scenic, recreational, and ecological values. 15. The applicants' lots, either separate or combined, do not have one acre of net project area and do not meet any of the other requirements for the use of substandard lots outlined in the St. Croix County Zoning Ordinance and in Wisconsin State Administrative Code NR 118, from which the County cannot be less restrictive. 16. The application of these standards in the Ordinance is not unique to this property since they apply to all substandard lots within the Riverway District, not just the applicants'. A variance is not necessary to secure to the applicants similar rights to neighboring landowners. At least eight other property owners in the immediate Cove Court/ Cove Road area own one or more contiguous substandard lots along the river with just one building site. Many of these contiguous lots are over two acres combined. 17. Denying this variance will not damage the rights or property values of other persons in the area since they are subject to the same rules and regulations as the applicants. The rules and regulations are intended to protect existing property owners and the general public from the adverse affects of overcrowding and poorly planned development in the Riverway District. Item #2 (Reconstruction and Expansion Outside of Footprint) Findings and Conclusions: 18. The applicants filed an application with the Board of Adjustment for a variance to reconstruct and expand a nonconforming principal structure without using the same footprint as the original structure in the Lower St. Croix Riverway District. 19. Literal enforcement of the Ordinance would not result in unnecessary hardship since the applicants have a compliant building site on their lot where they could construct a new residence that meets the requirements of all applicable overlay districts and could accommodate a sanitary system that meets today's stronger environmental standards. Additionally, the applicants have other options for flood proofing, improving, and expanding their existing residence in the same footprint without need for a variance. To provide safe access to the beach on the lot, the Ordinance allows stairways and lifts with a special exception permit. 20. Granting this variance would not meet the spirit and intent of the St. Croix Riverway District, the intent of which is to allow property owners to rebuild what they have in the same footprint, and at the same time reduce the adverse impacts of existing, poorly planned development. Although the proposed footprint to be located further back from the river and the floodplain than the original, it would require more filling and grading and tree removal in the sensitive shoreline area than flood proofing, improving, and 24 expanding the existing structure on the original footprint. Unlike the original footprint, which is located approximately 10 -20 feet from the base of the slope preservation zone, the proposed footprint extends approximately 30 feet into the slope preservation zone and will require a large amount of cutting and filling, which is prohibited in the Riverway District. 21. The Ordinance limits filling and grading associated with reconstructing or altering a nonconforming principal structure to only the minimum necessary to accomplish the reconstruction or alteration in compliance with other provisions of the Riverway District. Moving the footprint is not in compliance with the provisions of the Riverway District and will require additional filling and grading that will increase the negative environmental and visual impacts on the river. 22. Granting this variance could be contrary to the health, safety, or general welfare of the public. It could potentially be adverse to the value of the Opitz property to the west since the proposed residence would be located only —10 feet from the existing shared driveway access, potentially making emergency vehicle access to Mr. Opitz's property more difficult. The existing driveway access is narrow due to the existing topography of the property. Item #3 (Variance for Filling and Grading and Structures in the SPZ) Findings and Conclusions: 23. The applicants filed an application with the Board of Adjustment for a variance for filling and grading and placing a structure in the slope preservation zone (SPZ) in the Lower St. Croix Riverway District pursuant to Section 17.36 H.3.a -c of St. Croix County Zoning Ordinance. 24. Literal enforcement of the Ordinance would not result in unnecessary hardship since the applicants have a compliant building site on their lot where they could construct a new residence that meets the requirements of all applicable overlay districts and could accommodate a sanitary system that meets today's stronger environmental standards. Additionally, the applicants have other options for flood proofing, improving, and expanding their existing residence in the same footprint without need for a variance. 25. Granting this variance would not meet the spirit and intent of the St. Croix Riverway District. The intent of limiting activities and structures in the slope preservation zone is to prevent soil erosion; maintain property values; and preserve and maintain the exceptional scenic, cultural, and natural characteristics of the water and related land of the Lower St. Croix Riverway in a manner consistent with the National Wild and Scenic Rivers Act and the Federal and Wisconsin Lower St. Croix River Acts. Unlike the original footprint, which is located approximately 10 -20 feet from the base of the slope preservation zone, the proposed footprint extends into the slope preservation zone and will require a large amount of cutting and tilling along slopes of approximately 25 percent. This type of activity at the base of a steep slope can cause severe erosion and slumping if not done properly, and if not permanently stabilized upon completion. 26. Granting this special exception could be contrary to the health, safety, or general welfare of the public, and could be substantially adverse to the property values of 25 neighboring residents since the proposed cutting and filling at the base of a steep slope can cause severe erosion and slumping if not done properly, which in turn could potentially cause damage to the applicants' proposed residence, to developed adjacent properties above the bluffline, and to the shared driveway leading to the Opitz property to the west. Item #4 (Special Exception for Filling and Grading within 40 feet of the SPZ) Findings and Conclusions: 27. The applicants filed an application with the Board of Adjustment for a special exception permit for filling and grading within 40 feet of the slope preservation zone (SPZ) in the Lower St. Croix Riverway District pursuant to Section 17.36 F.3.a.5 of St. Croix County Zoning Ordinance. 28. Granting this special exception would violate the spirit and intent of the Riverway District since the amount of fill and proposed cutting would increase the ground elevation by up to approximately six feet and change the topography, drainage, natural appearance, and ecology of the bluff and the shoreland area. It will also require the removal of several mature trees within the OHWM setback and could lead to damage of the remaining trees from excavating, filling, and construction activities, as well as a reduction of terrestrial near - shoreland habitat. Finally, the end result will be a residence that, while elevated to meet the floodplain standards, is much higher and potentially more visible from the river than what currently exists, thus detracting from the scenic and recreational value of the Lower St. Croix River Valley. 29. Granting this special exception permit would be contrary to the PUN ic health. salcl�. and general welfare and could be substantially ad crsc to property \aluc� 111 the neighborhood affected. While the hydraulic analysis submitted by the applicants indicates that the fill will not increase the Regional Flood Elevation, it still has the potential to reduce the storage capacity of the floodplain and could potentially lead to increased flood damage on properties upstream and downstream. Item #5 (Special Exception for Filling and Grading in the Shoreland) Findings and Conclusions: 30. The applicants filed a special exception request for filling and grading in excess of 2000 square feet in the Shoreland District in order to elevate their new residence on fill as required in the Floodplain District. 31. Granting this special exception would violate the spirit and intent of the Shoreland District since the amount of fill would substantially increase the ground elevation in the shoreland area. This will change the topography, drainage, natural appearance, and ecology of the shoreline. It will also require the removal of several mature trees within the OHWM setback and could lead to damage of the remaining trees from excavating and construction activities, as well as a reduction of terrestrial shoreland habitat. Finally, the end result will be a structure that, while elevated to meet the floodplain standards, is much higher and potentially more visible from the river than what currently exists, thus detracting from the scenic and recreational value of the Lower St. Croix River Valley. 26 • �I I I ' 32. Granting this special exception permit would be contrary to the public health, safety, and general welfare and potentially be adverse to property values in the neighborhood affected. While the hydraulic analysis submitted by the applicants indicates that the fill will not increase the Regional Flood Elevation, it still has the potential to reduce the storage capacity of the floodplain (particularly when considering the cumulative impact of numerous fill projects in the floodplain of the river) and could potentially lead to increased flood damage on properties upstream and downstream. 33. It is not known whether or not the proposed fill can withstand flood pressures, depths, velocities, uplift, and impact forces, and other regional flood factors. The wrong type of fill could wash out and potentially lead to greater negative environmental impacts and flood damage, which would not be in the public interest. Items #6, #7, and #8 (Variances to Construct Retaining Walls and Stairs, a Patio, and a Deck within the OHWM Setback) Findings and Conclusions: 34. The applicants filed applications with the Board of Adjustment for variances to construct retaining walls and stairs, a patio, and a deck that encroach within the 200 -foot OHWM setback in the Lower St. Croix Riverway District pursuant to Section 17.36 G.5.c.1 of the St. Croix County Zoning Ordinance. 35. The applicants are not requesting minimal relief since the retaining walls and stairs will encroach approximately 100 feet within the required OHWM setback; the patio will encroach approximately 80 feet; and the deck will encroach approximately 65 feet. 36. With conditions for storm water management and landscaping, the patio and deck could meet the spirit and intent of the Ordinance in that they would not be as visible from the river and the increased storm water runoff could be handled on site. However, literal enforcement of the Ordinance would not result in unnecessary hardship since the applicants have a compliant building site on their lot where they could construct a new residence with a compliant patio and deck that would not need fill held back by retaining walls and that meets the spirit and intent of the Riverway District. Personal preference to keep the residence on the beach does not constitute a hardship. 37. It is not known whether or not the retaining walls will be designed to withstand flood pressures, depths, velocities, uplift, and impact forces, and other regional flood factors as required for all structures in the Floodplain District. Improper design could potentially lead to greater negative environmental impacts and flood damage, which would not be in the public interest. The following vote was taken to deny the project: Nelson, yes; Luckey, yes; Struemke, no; Zoerb, yes; Chairperson Malick, yes. Motion carried on a 4 to 1 vote. The Board recessed from 11:30 a.m. — 11:45 a.m. 27 Rohl Motion by Struemke, second by Nelson to approve a special exception permit renewal for an existing non - metallic mining operation to continue to operate and expand the existing Rohl limestone quarry in the Town of Troy. As part of this approval the applicant will be able to remove a portion of the rock outcropping that extends into the ROW of County Highway U in Phase 1 by October 2006. This motion is based on the following findings: 1. The applicants are Chris & Sheila Rohl and Leo Rohl, property owners, and Rohl Limestone, Inc., mine operator. 2. The site is located on County Highway U in Sections 11, 12, and 13, T28N, RI 9W, Town of Troy, St. Croix County, Wisconsin. 3. The applicant has complied with the conditions of the special exception permit approved on March 22, 2001, and has no violations on record with the County. 4. The applicant has complied with annual reporting requirements and has paid annual nonmetallic mining reclamation fees through 2006. 5. The Town of Troy has recommended approval of the special exception permit renewal and removal of the toe of the rock outcropping in Phase I. 6. The Land and Water Conservation Department does not object to the operation and reclamation plans with conditions. 7. The Wisconsin Department of Natural Resources has not submitted a recommendation on this request. 8. The neighboring property owners to the north, the Tronrud's, submitted a letter outlining concerns about vibrations from blasting, use of the access road on Coulee Trail, and days and hours of operation. Item #1 (Special Exception) Findings and Conclusions: 9. The applicant filed with the Planning and Zoning Department an application to renew a special exception permit for an existing non - metallic mining operation pursuant to Section 17.15(6)(g) of the St. Croix County Zoning Ordinance and subject to the provisions of Section 14.3A.6.a. of the Nonmetallic Mining Ordinance. 10. This request does not violate the spirit or general intent of the Ordinance since nonmetallic mining is a permitted use in the Ag Residential District and is an industry that contributes to the County's economic well being. 11. With conditions to move the stockpiles outside of the ROW setback to County Highway U, pave the entrances to the mine from the highway, limit access to the service road on Coulee Trail, and limit the hours and days of operation, and prior notification to the Tronruds before blasting activities, the mining operation will not be contrary to the public health, safety, or general welfare or be substantially adverse to property values in the surrounding neighborhood since the mine will be internally 28 drained, and measures will be taken to reduce the risk of traffic accidents and storm water and ground water contamination. The site will be restored to conditions similar to the surrounding area. 12. The existing mining operation and proposed expansion will not constitute a nuisance by reason of noise, dust, or other factor since Phases I and II are proposed to end in three years, after which time the land adjacent to Highway U will be reclaimed. The entire mining operation will be adequately buffered from adjacent residences with existing trees and temporary berms to reduce noise and dust and to screen the mine from adjacent properties. The mine operators are also working to keep dust at allowable levels in accordance with state standards. 13. With conditions to maintain a 100 -foot setback around all active mining areas and conditions to ensure that all mining occurs on land that is properly zoned for nonmetallic mining; this request will comply with the provisions of Chapter 14, the St. Croix County Nonmetallic Mining Ordinance. 14. The St. Croix County Highway Department does not object to the approval of the special exception permit with conditions. Item #2 (Variance) Findings and Conclusions: 15. The applicants submitted to the Planning and Zoning Department a variance request to mine within the 100 -foot setback pursuant to Section 14.2 A.7.a. of the Nonmetallic Mining Ordinance. 16. A variance is not required to reclaim the area within the ROW and ROW setback, only to continue operating within this area. 17. Literal enforcement of the Ordinance would result in unnecessary hardship due to conditions beyond the applicant's control. 18. Granting this variance would meet the spirit and intent of the Ordinance and be in the public interest since it would remove a 50 x 90 foot rock outcropping at the edge of the ROW. 19. The St. Croix County Highway Department does not support approval of'the variance request. 20. The applicant informed the Board that the rock outcropping that extends into the ROW setback of Highway U in Phase I is —50 -foot x 90 -foot and that it can be removed mechanically by Fall 2006. The rock outcropping in Phase II is outside of the ROW setback and does not require a variance for removal. With the following conditions: 1. This special exception approval allows nonmetallic mining to proceed according to the plans received May 1, 2006 and as provided in the conditions below. Variance approval is ONLY for the 50 -foot x 90 -foot rock outcropping that extends into the ROW setback on the east side of Highway U in Phase I, which shall be mechanically 29 removed NO LATER THAN October 1, 2006. A 100 -foot setback shall be maintained around all other Phase I and Phase II mining operations (see Condition #5). Approval does not include any expansion in area or operations not indicated in the plans or in these conditions. 2. The applicant must continue to meet the conditions of the January 26, 1995 special exception decision, unless stated otherwise in conditions that are a part of this approval. 3. This permit is valid for a period of five years and expires June 22, 2011, after which time it must be renewed pursuant to Section 14.3 A.6.a -b of the Nonmetallic Mining Ordinance. 4. Within 30 days of this approval, the applicants shall submit to and have approved by the Zoning Administrator a detailed Reclamation Plan including phase three with proposed contours, slopes, finish grade elevations, screenings, plantings, etc. Reclamation shall include the area within the ROW and ROW setback of County Highway U and shall proceed according to this plan. As part of the reclamation plan, the applicants shall remove the storm water ponds from the ROW setback of County Highway U when all mining is completed from Phases I and lI (thus, the stop» water ponds shall be temporary). Within 30 days, the applicant must file with the Zoning Administrator appropriate financial assurance pursuant to Chapter 14.7(A) 1. 5. Within 30 days of this approval, the applicants shall submit to and have approved by the Zoning Administrator a revised operation and site plan showing a 100 -foot setback around all active mining areas. 6. Within 30 days of this approval, the applicant shall construct the storm water ponds according to the approved plans, and shall submit to and have approved by the Zoning Administrator an operation and maintenance plan for the ponds. 7. Within 45 days of this approval, the applicants shall remove the stockpiled material from the ROW and ROW setback of County Highway U, and shall grade and seed the disturbed area in accordance with the approved reclamation plan (Condition #4). 8. Within 45 days of this approval, the applicant shall either reclaim the portion of the existing mine that extends onto land in the Agricultural District to the southwest, or shall apply to rezone the land from Agricultural to Ag Residential or Ag II. 9. Within 90 days of this approval, the applicants shall install a tracking pad (constructed to DNR standards and as determined acceptable by the Zoning Administrator) or pave the access drive from County Highway U to Phase I back to the scale, as well as the access drive to Phase II up to 100 feet or to the scale to eliminate tracking problems on the highway. In any event, the applicant shall pave the entrances where they immediately abut the highway surface to reduce damage or chipping along the edge of the highway surface. 10. Upon any change in ownership or operation of the mine, the applicant shall submit to the Zoning Administrator the name and contact information of the owner and primary mine operator. The operator shall comply with all of the general requirements and 30 conditions listed in the nonmetallic mining and reclamation standards in Chapter 14 — Nonmetallic Mining Ordinance (unless varied per conditions). 11. Hours of operation shall not extend beyond 7:30 AM — 4:30 PM Monday - Friday. The applicants may have occasional extended hours of 7:00 AM — 6:00 PM Monday — Friday and on Saturdays upon prior notification of the Zoning Administrator. 12. The operators shall continue to abate dust and noise and protect surface and groundwater in accordance with the plans received May 1, 2006. Absorbent pads, designed to accept petroleum products, must be located at refueling sites in accordance with State of Wisconsin and Federal OSHA standards. All petroleum products kept onsite and related to the mining operation shall be stored in State approved fuel storage containers and shall be in accordance with fcdcral standards. 13. The applicant shall be responsible for adhering to all local, state, and federal rules, regulations, and permits during the life of the operation. 14. Upon complaints of loud noise, the applicants shall be responsible for noise reduction from mining operations to at or below 60 dbA as measured at all exterior lot lines throughout the duration of the permit. 15. Prior to commencing mining activities in Phase III, the applicants shall submit for review and approval by the Board of Adjustment an operation and reclamation plan. 16. All surrounding residents are to be notified 24 hours before explosives are detonated and again 1 %2 hours before these "shots." The 24 -hour notification shall be in writing if a verbal contact cannot or has not been made. 17. The service access drive to Coulee Trail shall be limited to vehicles rated 1 -ton or less. 18. The applicants shall maintain the current level of screening from all adjacent residential properties. 19. Any minor change (or addition) in area or use beyond what is shown in the plans shall require review and approval by the Zoning Administrator. Major changes, including but not limited to mining below the groundwater table, shall require the special exception approval process, as stated in the Ordinance. 20. 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. 21. 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; Luckey, yes; Struemke, yes; Zoerb, yes; Chairperson Malick, yes. Motion carried unanimously 31 Chairperson Malick declared the hearing closed and adjourned the meeting at 2:30 p.m. on Friday June 23, 2006. Respectfully submitted, Sue Nelson, Secretary Ji eterson Erickson, Recording Secretary I i 32