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HomeMy WebLinkAboutBoard of Adjustment 07-27-06 k, ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, July 272006 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: August 24, 2006 E. HEARINGS - See Attached F. UNFINISHED BUSINESS Todd Anderson Special Exception Request G NEW BUSINESS 1. Discussion of Board of Adjustment Procedures 2. Calvary Assembly of God - Request for Reconsideration H. ANNOUNCEMENTS AND CORRESPONDENCE I. ADJOURNMENT (Agenda not necessarily presented in this order.) SUBMITTED BY: St. Croix County Planning and Zoning Department DATE: July 18, 2006 COPIES TO: County Board Office County Clerk Board Members News Media/Notice Board *CANCELLATIONS /CHANGES /ADDITIONS PUBLIC HEARING NOTICE — *AMENDED The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, July 27, 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: Basel Farms, Inc. LOCATION: SW 1/4 of the SE 1/4, Section 18, T30N, R18W, Town of Richmond ADDRESS: 1517 95"' Street, New Richmond, WI REQUEST: Item #1: Special exception request for filling and grading in the Shoreland District of the Willow River, pursuant to Section 17.29(2)(c) of the St. Croix County Zoning Ordinance. Item #2: Variance request for filling and grading on slopes greater than 25% to remove existing debris and refuse from the banks of the Willow River pursuant to Section 17.12(10) of the St. Croix County Zoning Ordinance. 2. APPLICANT: Mathy Construction Co. LOCATION: Section 36, T29N -R15W, Town of Springfield ADDRESS: Highway 12 REQUEST: Request for renewal of special exception permit for a nonmetallic mining operation, pursuant to Section 17.15(6)(g) of the St. Croix County Zoning Ordinance. 3. APPLICANT: Park Place Storage - POSTPONED* LOCATION: Section 22, T30N -R20W, Town of St. Joseph ADDRESS: 1440 7"' Street, Houlton, WI REQUEST: Request for an amendment to the special exception decision dated August 22, 2002 to construct additional storage units in the Commercial District, pursuant to Section 17.18 of the St. Croix County Zoning Ordinance. 4. APPLICANT: Roger T. & Cindy K. Gleason LOCATION: The NE 1/4 of the NW 1/4, Section 18, T30N -R18W, Town of Richmond ADDRESS: Intersection of 160 Avenue and 95 Street, New Richmond, WI REQUEST: Request for an electrical substation to be placed in the Ag. Res. District, pursuant to Section 17.15(6)(1) of the St. Croix County Zoning Ordinance. 5. APPLICANT: Brushy Mound Partners LOCATION: Part of SW 1/4 of the SE '/4, Section 12 T30N, R18W, Town of Richmond ADDRESS: Lot 4 of Water's Edge — 1663 Water's Edge Drive, New Richmond, WI REQUEST: Request for filling & grading more than 2,000 square feet on slopes of less than 12% within 300" of a navigable body of water, pursuant to Section 17.29(2)(c) 3 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) 3864680. Clarence W. Malick, Chairperson St. Croix County Board of Adjustment PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, July 27, 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: Basel Farms, Inc. LOCATION: SW 1/4 of the SE 1/4, Section 18, T30N, RI 8W, Town of Richmond ADDRESS: 1517 95 Street, New Richmond, WI REQUEST: Special exception request for filling and grading in the Shoreland District of the Willow River, pursuant to Section 17.29(2)(c) of the St. Croix County Zoning Ordinance. 2. APPLICANT: Mathy Construction Co. LOCATION: Section 36, T29N -R15W, Town of Springfield ADDRESS: Highway 12 REQUEST: Request for renewal of special exception permit for a nonmetallic mining operation, pursuant to Section 17.15(6)(g) of the St. Croix County Zoning Ordinance. 3. APPLICANT: Park Place Storage LOCATION: Section 22, T30N -R20W, Town of St. Joseph ADDRESS: 1440 7 Street, Houlton, WI REQUEST: Request for an amendment to the special exception decision dated August 22, j 2002 to construct additional storage units in the Commercial District, pursuant to Section 17.18 of the St. Croix County Zoning Ordinance. 4. APPLICANT: Roger T. & Cindy K. Gleason LOCATION: The NE 1/4 of the NW 1/4, Section 18, T30N -R18W, Town of Richmond ADDRESS: Intersection of 160 Avenue and 95 Street, New Richmond, WI REQUEST: Request for an electrical substation to be placed in the Ag. Res. District, pursuant to Section 17.15(6)(1) of the St. Croix County Zoning Ordinance. 5. APPLICANT: Brushy Mound Partners LOCATION: Part of SW 1/4 of the SE ' /a, Section 12 T30N, R18W, Town of Richmond ADDRESS: Lot 4 of Water's Edge — 1663 Water's Edge Drive, New Richmond, WI REQUEST: Request for filling & grading more than 2,000 square feet on slopes of less than 12% within 300" of a navigable body of water, pursuant to Section 17.29(2)(c) 3 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 f -9 -off BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES July 27, 2006 (This hearing recorded by Q & A Court Reporting) The meeting was called to order by Chairperson Buck Malick at 8:30 a.m. A roll call was made. Buck Malick, 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; Jennifer Emmerich, Zoning Specialist; David Fodroczi, Planning and Zoning Director; and Becky Eggen, 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 August 24, 2006. The meeting will be held in the County Board Room at the Government Center. The starting time will be 8:30 a.m. The hearing was opened and testimony taken and recorded by a court reporter from Q & A Court Reporters. OLD BUSINESS Todd Anderson - Tabled Special Exception Request NEW BUSINESS Calvary Assembly of God - Request for Reconsideration PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, July 27, 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 & VARIANCE 1. APPLICANT: Basel Farms, Inc., property owners LOCATION: The SW' /4 of the SE' /4 of Section 18, T30N, R18W, Town of Richmond ADDRESS: 1517 95"' Street, New Richmond, WI REQUEST: ITEM #1: Special exception for existing and proposed filling and grading within the Shoreland District of the Willow River pursuant to Section 17.29(2)(c) of the St. Croix County Zoning Ordinance. ITEM # 2: Variance for filling and grading on slopes greater than 25 percent pursuant to Section 17.12(10) of the St. Croix Zoning Ordinance. SPECIAL EXCEPTIONS 2. APPLICANT: Mathy Construction Company, property owners LOCATION: Section 36, T29N, R15W, Town of Springfield ADDRESS: US Highway 12, Town of Springfield, WI REQUEST: Special exception permit renewal for an existing non - metallic mining operation required under Section 17.145(6)(e) of the St. Croix County Zoning Ordinance and subject to the provisions of Chapter 14, the Non- metallic Mining Ordinance. 3. APPLICANT: Roger and Cindy Gleason, current property owners St. Croix Electric Cooperative, future property owners LOCATION: The NE 1 /4 of the NW '/a of Section 18, T30N, R18W, Town of Richmond ADDRESS: Intersection of 95` Street and 160` Avenue, New Richmond, WI REQUEST: Special exception request for an electrical substation in the Ag Residential District pursuant to Section 17.15(6)(1) of the St. Croix County Zoning Ordinance. 4. APPLICANT: Brushy Mound Partners, LLP, property owners LOCATION: SW 1 /4 of the SE 1 /4 of Section 12, T30N, R18W, Town of Richmond ADDRESS: 1663 Water's Edge Drive (Lot 4 of Water's Edge Subdivision) REQUEST: Special exception for filling and grading within the Shoreland District of Brushy Mound Lake pursuant to Section 17.29(2)(c)3 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 2 Old Business: Todd Anderson — Tabled Special Exception Request Staff presented the request to the Board through a PowerPoint® presentation and went over the staff report. Based on the findings of fact and conclusions of law, the staff recommended approval of the special exception permit with conditions. Todd Anderson spoke after signing an oath. He confirmed that the majority of his business has been moved to North Hudson. He has now planted spruce trees in the front of his property. He said that he wishes to use the shed to store business and personal equipment. Testifying in opposition after signing an oath were the following adjacent property owners: Eric Star is concerned about a commercial operation in a residential neighborhood. (Exhibit 5 — Letter in Opposition) Marian Webber is concerned if the permit is issued that Anderson will abuse it. James Webber presented a petition (Exhibit 6) of surrounding neighbors that are opposing the special exception permit. James also presented a letter in opposition. (Exhibit 7) Richard Inlow does not feel property has been cleaned up and believes there are some safety issues Byron Turner Byron believes that the shed should be used only for storage. He brought in a picture of Anderson's property as viewed from the corner of his backyard. (Exhibit 8) New Business: Calvary Assembly of God — Request for Reconsideration Pastor Mannon signed an oath and addressed the Board. He requests reconsideration of Conditions 43 and # 9 of the Board of Adjustment's May 25, 2006 special exception decision. Pastor Mannon brought in a report on decibel levels (New Evidence). He is concerned that a game of volleyball or a microphone used outside will go above the 50dbA level. Pastor Mannon also wants reconsideration of the landscape buffer along Highway 128 since there is currently no residential development across the highway from the proposed church. Application #1: Basel Farms, Inc. Special Exception Applicant requests a special exception permit for existing and proposed filling and grading within the Shoreland District of Willow River. They are requesting a variance for filling and grading on slopes greater than 25 percent. 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 Richmond, St. Croix County Land and Water Conservation Department, and the Wisconsin Department of Natural Resources. Based on the findings of fact and conclusions of law, the staff recommended approval of the special exception and variance requests with conditions. James Rusch signed an oath and spoke in favor of the project on behalf of the applicants. He confirmed that all of the buildings will be removed that are currently on the property. They would like to burn the wood if they are able to get a burning permit. If not, it will be moved from the property. The metal buildings will be trucked off site. If possible, they would like to 3 crush the cement blocks from the foundations and use for the base of the road if there is no metal in the block. No one testified in opposition. Application #2: Mathy Construction Company Special Exception Renewal Request for a special exception permit renewal for an existing non - metallic mining operation, the Wilson Quarry in the Town of Springfield. The original permit was issued on March 22, 2001. Staff presented the request to the Board through a PowerPoint® presentation and went over the staff report. The Town of Springfield Board will meet on this request in August. Steve Olson from the Land and Water Conservation Department supports the reclamation plan and financial assurance estimates (Exhibit 6). He recommends that the applicants provide secondary containment for three existing fuel storage tanks on site and that the old outhouse on the site be brought into compliance with current standards or abandoned. Jim Devlin from the Wisconsin Department of Natural Resources had reviewed the application and had no comments. Based on the findings of fact and conclusions of law, the staff recommended approval of the special exception with conditions. Candy Anderson, a geologist for Milestone Materials, signed an oath and spoke in favor of the renewal. Anderson found out that the property lease from Jill Menk was automatically renewed in 2004 for another 4 -5 years and provided a copy of the lease memorandum (Exhibit 7). Plans are to remove the gas tank(s) and the outhouse. The gas tanks have not been used in the past five years. A bond was sent to the Planning and Zoning Department on July 20, 2006 for financial assurance. Anderson has agreed to hire someone licensed by the state, to test and measure the distance to groundwater before the next operation. No one testified in opposition. Application #3: Park Place Storage Postponed Application #4: Roger and Cindy Gleason /St. Croix Electric Cooperative Special Exception Request for a special exception permit for an electrical substation in the Ag Residential District in the Town of Richmond. Staff presented the request to the Board through a PowerPoint® presentation and went over the staff report, explaining that the Town of Richmond recommended approval. The staff recommended approval based on the findings of fact and conclusions of law with conditions. Mark Pendergast signed an oath and spoke in favor of the request on behalf of St. Croix Electric Cooperative. St. Croix Electric is looking to purchase the land from the Gleason's with future intention of building the substation at the Intersection of 95 Street and 160`" Avenue. Pendergast stated that St. Croix Electric wants to be ready for future growth in the area. A temporary sign would be placed on the corner stating that this property is the future home of the substation. It will be 2007 before St. Croix Electric will know if they need a new pole on -site or not. 4 No one testified in opposition. Application #5• Brushy Mound Partners, LLP Special Exception Request is for a special exception permit for filling and grading within the Shoreland District of Brushy Mound Lake in the Town of Richmond. Staff presented the request to the Board through a PowerPoint(& presentation and went over the staff report, explaining that the Town of Richmond recommends approval (Exhibit 4). Steve Olson, St. Croix County Land and Water Conservation Department, approved of the erosion control and storm water plans. He recommended that the applicants record an operation and maintenance plan for the rain gardens against the property (Exhibit 5). Dan Baumann from the Wisconsin Department of Natural Resources verified that a Chapter 30 permit is not needed. He recommended that every effort be made to prevent sediment deposits into Brushy Mound Lake (Exhibit 6). Based on the findings of fact and conclusions of law, the staff recommended approval of the special exception request with conditions. Jerry Ripley, JEO Consulting, signed an oath and spoke in favor of the request. He confirmed that a home with a walkout basement and attached garage is going to be built on the undeveloped lot. Ripley did the erosion control and surveying. The plans showed two rain gardens. The plat was created in 2001. No one testified in opposition. The hearing closed at 11:05 for the Board to visit sites. The Board reconvened at 1:40 p.m. 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: Todd Anderson — Tabled Special Exception Request Motion by Nelson, second by Zoerb, to approve the after - the -fact special exception permit for a contractor's storage yard in the Town of Troy based on the following findings: 1. The applicant is Todd Anderson, owner of AC Land Maintenance. 2. The site is located in the SE' /4 of the SW 1 /4, Section 9, T28N -R19W, Town of Troy, 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. 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 9. This permit does not grant permission for any signage on the lot. 10. All lighting associated with the shed shall be illuminated downward and shielded away from neighboring properties to prevent glare. There shall be no additional lighting for the business. 11. The applicant shall be responsible for contacting the Zoning Administrator to review this special exception permit in sixty days and in two years from the approval date for compliance (July 2008). 12. Any minor change or addition to the project, including but not limited to design of the project, shall require review and approval by the 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. 13. 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. 14. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. 15. The applicant shall not bring any materials from offsite for burning. 16. No more employees shall be allowed onsite than is necessary for the moving of vehicles or as allowed per condition three. 17. All fluids related to the business must be handled inside the shed and on an impervious and properly contained surface. 18. All conditions, unless otherwise indicated, must be met and all equipment and vehicles shall be moved to the new location no later than August 1, 2006. The following vote was taken to approve: Nelson, yes; Luckey, yes; Struemke, yes; Zoerb, yes; Chairperson Malick, yes. Motion carried unanimously. Calvary Assembly of God Motion by Struemke, second by Nelson to reconsider Conditions #3 and #9 of its May 25, 2006 decision on the special exception permit. The following vote was taken to approve: Nelson, yes; Luckey, yes; Struemke, yes; Zoerb, yes; Chairperson Malick, yes. Motion carried unanimously. A subsequent hearing is scheduled for the next meeting on August 24, 2006. 7 Basel Farms, Inc. Motion by Struemke, second by Nelson to approve the request for a special exception for filling and grading in the Shoreland District of the Willow River and to approve the variance request for filling and grading on the slopes greater than 25% to remove existing debris and refuse from the banks of the Willow River based on the following findings: 1. The applicant is Basel Farms, Inc., property owner, 1517 95 Street, New Richmond, WI 54017. 2. The site is located in the SW 1 /4 of the SE % % a of Section 18, T30N, R1 8W, Town of Richmond, St. Croix County, Wisconsin. 3. The Town of Richmond recommends approval of this project. 4. The St. Croix County Land and Water Conservation Department supports this project with recommendations that the applicants leave undisturbed as many trees on the slope as possible during the restoration project, and that the applicants leave the double row of silt fence until self - sustaining vegetative cover is established. 5. The Wisconsin Department of Natural Resources directed the applicants to clean up and restore the steep banks of the Willow River. The Department issued a Chapter 30 Permit for this project on July 11, 2006 and supports the Board of Adjustment's approval of this proj ect. The Board made the following findings of fact and conclusions of law pertinent to the special exception permit for filling and grading in the Shoreland District (Item #1): 6. The applicant filed an application with the Board of Adjustment for a special exception permit for filling and grading in the Shoreland District of the Willow River to remove existing buildings and their foundations, remove debris, and restore the riverbank pursuant to Sections 17.29(2)(c) 1 -3 of the St. Croix County Zoning Ordinance. 7. Grading and filling has the potential to decrease the current level of tree cover and increase the sediments entering the Willow River during the restoration phase; however, when the proposed restoration project is complete it will improve the ecological integrity of the riverbank, restore native habitat, and eliminate potential sources of water pollution. Thus, with conditions for controlling erosion and managing storm water runoff to minimize the risk of water pollution and sedimentation entering the Willow River during the project; minimizing the amount of unnecessary grading and filling; and retaining the current level of native tree cover on the riverbanks and restoring native vegetation on the disturbed slopes, 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. 8 The Board made the following findings of fact and conclusions of law pertinent to the variance for filling and grading on slopes greater than 25 percent (Item #2): 8. The applicant filed an application with the Board of Adjustment for a variance for filling and grading on slopes greater than 25 percent to remove concrete debris and restore the steep banks of the Willow River pursuant to Section 17.12(10) of the St. Croix County Zoning Ordinance. 9. Literal enforcement of the Ordinance would result in unnecessary hardship unique to the property since the rubbish and concrete debris already exists along the steep banks of the Willow River and the applicants have no other options for removing it and restoring the steep slopes to a natural condition. 10. Granting this variance would meet the spirit and intent of the Shoreland District in that it will allow the applicant to address the negative environmental impacts of the existing rubbish and concrete debris as directed by the Wisconsin Department of Natural Resources. Granting the variance would improve the existing conditions by restoring natural Shoreland habitat and eliminating potential sources of water pollution and other environmental hazards. With the following conditions: 1. This special exception and variance approval allows the applicants to disturb approximately 16,000 square feet of land in the Shoreland District of the Willow River to remove existing buildings and their foundations, remove existing rubbish and debris from the steep riverbank, and restore it to a natural condition as indicated in the plans submitted on June 5, 2006 and as provided in the conditions below. Approval for this special exception permit does not include any additional grading and filling, vegetation removal, or other activities not indicated in the plans. 2. Prior to commencing construction, the applicants shall be responsible for obtaining any other required local, state, or federal permits and approvals. 3. Prior to commencing any filling and grading activities, a double row of silt fence shall be installed around the perimeter of the excavation site that leads to the Willow River. 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. The double row of silt fence shall remain intact until self - sufficient native vegetation has been established after which time it shall be removed. 4. Prior to commencing any filling and grading activities, the applicants shall submit to and have approved by the Zoning Administrator a vegetation plan for restoring native vegetation to the disturbed slopes. The plan shall indicate measures to be taken for protecting the existing trees during the restoration project, and shall incorporate permanent native, non - invasive grasses, shrubs, and trees into the disturbed areas to stabilize steep slopes and provide native cover of similar species and density as what currently exists on the undisturbed areas of the site. 9 5. Within 30 days of this approval, the applicants must submit a financial guarantee equal to 120% of approved estimates in favor of St. Croix County, to be held by the Planning and Zoning Department for the final grading activities and native vegetation restoration 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 review to ensure the plans were installed in accordance with the original design (see Condition #6). • 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. 6. 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 final grading and native vegetation restoration has been done as indicated in the plans, and photographs of the property as viewed from all angles, including from the river. 7. The applicants shall not use phosphorous fertilizers to establish vegetation on the disturbed slopes, unless a soil test confirms that phosphorous is needed. 8. Any minor change or addition to 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. 9. The applicants shall have one (1) year from the issuance of the special exception permit to commence filling and grading activities 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 applicants 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. 10. 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 10 added without notice to the applicant and an opportunity for a hearing. 11. Accepting this decision means that the applicants and all property owners and agents 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. Mathy Construction Motion by Nelson, second by Struemke to approve the request to continue the nonmetallic mining operation at the Wilson Quarry on property owned by Mathy Construction and Jill Menk in the Town of Springfield based on the following findings: 1. The applicants are Mathy Construction Company, the property owner, and Milestone Materials, the operator. 2. The site is located on US Highway 12 in Section 36, T29N, R15W, Town of Springfield, St. Croix County, Wisconsin. 3. The applicants 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) and subject to provisions of Chapter 14, Nonmetallic Mining Ordinance. 4. The applicant has complied with the conditions of the special exception permit approved on March 22, 2001, other than the fuel tanks, and has no other violations on record with the County. 5. The applicant has complied with annual reporting requirements and has paid annual nonmetallic mining reclamation fees through 2006. 6. 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. 7. The existing mine and proposed operation and reclamation plans 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 adequately buffered and screened from adjacent residences, and the mine operators are actively working to ensure that storm water and ground water contamination do not occur on the site. The site will be restored to conditions similar to the surrounding area. 8. The existing mine and proposed expansion do not constitute a nuisance by reason of noise, dust, or other factor since the entire mining operation will be adequately buffered from adjacent residences with existing trees and temporary berms that will be constructed as needed 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 NAAQS and MSHA standards. 11 9. With conditions for ensuring that a 100 -foot setback from all property lines is maintained, this request will comply with all of the provisions of Chapter 14, the St. Croix County Nonmetallic Mining Ordinance. 10. The Town of Springfield has not submitted a recommendation on this request, but the Town Board plans to meet on it next month. 11. The Land and Water Conservation Department supports the reclamation plan and has no objections to this request with conditions for the fuel storage tanks and old outhouse. With the following conditions: 1, This special exception permit allows nonmetallic mining to proceed according to the plans dated May 15, 2006, and as provided in the conditions below. Approval does not include any expansion in area or operations not indicated in those plans. 2. The Town of Springfield may request a reconsideration based on new information from the Town Board meeting no later than fifteen days prior to the next Board of Adjustment meeting. 3. Within 60 days of this approval, the applicants shall remove all fuel storage tanks on site. 4. The applicants shall maintain a 100 -foot buffer around all active mining areas. 5. Prior to commencing any future excavating activities, the applicants shall remove the existing outhouse on the site and shall provide satellite toilets on site for employees. 6. The applicants shall continue to meet the conditions of the March 22, 2001 special exception decision, unless stated otherwise in conditions that are a part of this approval. 7. Upon any change in ownership or operation of the mine, the applicants 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 conditions listed in the nonmetallic mining and reclamation standards in Chapter 14 — Nonmetallic Mining Ordinance (unless varied per conditions). 8. Hours of operation shall not extend beyond 6 AM — 10 PM Monday through Friday. The mine operator may submit a written request for occasional /limited extended hours to the Zoning Administrator for prior review and approval. 9. The applicant shall be responsible for adhering to all local, state, and federal rules, regulations, and permits during the life of the operation. 10. The operators shall continue to abate dust and noise and protect surface and groundwater in accordance with the plans submitted as part of this application. 12 0 11. Upon complaints of loud noise, the applicant shall be responsible for noise reduction from mining operations to at or below 60 decibels as measured at all exterior lot lines throughout the duration of the permit. 12. Site reclamation shall proceed according to the Reclamation Plan. Due to the biological diversity in the existing wooded areas of the site, the applicants shall submit a vegetation management plan to restore native shrubs and trees in the wooded areas similar to the conditions that currently exist on the site. The plan shall include the species listed in Section 1.7 (Biology) of the application. Prior to commencing any future excavating activities, the applicants must file with the Zoning Administrator financial assurance for site reclamation pursuant to Chapter 14.7(A)1 of the Ordinance. 13. 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 shall require the special exception approval process, as stated in the Ordinance. 14. These conditions may be amended or additional conditions may be added if unanticipated circumstances arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a hearing. 15. Accepting this decision means that the applicants and all property owners have read, understand, and agree to all conditions of this decision. 16. Within 30 days of this approval, the applicant shall provide to the Zoning Administrator verification that the term of the lease on the Menk property has been extended. The applicant shall notify the Zoning Administrator of any change in the lease agreement and ensure that their mining operation complies with all of the general requirements and conditions listed in the nonmetallic mining and reclamation standards in Chapter 14 — Nonmetallic Mining Ordinance, including without limitation reclaiming the stripped area that extends onto the Menk property and ensuring that the land within the 100 -foot setback from the property line is reclaimed and not mined in the future. The following vote was taken to approve: Nelson, yes; Struemke, yes; Zoerb, yes; Luckey, yes; Chairperson Malick, yes. Motion carried unanimously. Roger and Cindy Gleason — St. Croix Electric Cooperative Motion by Struemke, second by Zoerb to table the decision until next month in order to provide the applicant time to submit to the Board the following additional information: • The potential number and location of power poles to be located on the property. • Verification that there are no ownership issues on the land south of the existing fence on the recently created Lot 2, CSM No. 5207, Vol. 21, Page 5207. • Assurance that future construction of the substation will comply with any new rules and regulations in effect at such time, and will address any concerns of future adjacent property owners. The following vote was taken to table as indicated: Nelson, yes; Luckey, yes; Struemke, yes; 13 Zoerb, yes, Chairperson Malick, yes. Motion carried unanimously. Brushy Mound Partners Motion by Malick, second by Nelson to approve the special exception request for filling and grading within the Shoreland District of Brushy Mound Lake in the Town of Richmond based on the following findings: 1. The applicants are Brushy Mound Partners, LLP, property owners, 1505 Hwy 65 N, New Richmond, WI 54017. 2. The site is located in the SW '/4 of the SE 1 /4 of Section 12, T30N, R1 8W, Town of Richmond, 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 Brushy Mound Lake pursuant to Sections 17.29(2)(c)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. With conditions for controlling erosion and managing storm water runoff to minimize the risk of water pollution and sedimentation entering Brushy Mound Lake, and preserving and enhancing existing shoreline habitat to maintain the ecological characteristics of Brushy Mound 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. 6. The Town of Richmond recommends approval of this special exception request. 7. The St. Croix County Land and Water Conservation Department approves of the erosion control and storm water management plans and recommends that the applicants record an operation and maintenance plan for the rain gardens against the property. 8. The Wisconsin Department of Natural Resources has verified that a Chapter 30 Permit is not needed for this project and recommends that the applicants make every effort to prevent sediment deposits into Brushy Mound Lake. 14 With the following conditions: 1. This special exception permit allows the applicants to disturb approximately 32,171 square feet of land in the Shoreland District of Brushy Mound Lake to construct a house and attached garage and install a septic system and driveway as indicated in the plans submitted on June 5, 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 be responsible for securing necessary permits from the Town of Richmond and obtaining any other required local, State, or Federal permits and approvals. 3. Prior to commencing construction, a double row of silt fence shall be installed around the perimeter of the construction site in accordance with the erosion control plan dated May 30, 2006. 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 shall be used until permanent groundcover is established. 4. 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 the proposed rain gardens to ensure proper installation and the establishment of native vegetation. 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 review to ensure the plans were installed in accordance with the original design (see Condition #6). • 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 this approval, the applicants shall execute and record affidavits against the property describing the storm water management plan and an operation plan and maintenance agreement for the rain gardens. 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. 15 6. 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. 7. The current level of native grasses, shrubs, and trees within the 75 -foot OHWM setback shall be maintained to substantially screen all structures from the lake during summer leaf -on conditions and continue to provide a natural shoreline buffer area and wildlife habitat. 8. 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. 9. 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 snaking the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 10. 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. 11. 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. 12. 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: Nelson, yes; Luckey, yes; Struemke, yes; Zoerb, yes; Chairperson Malick, yes. Motion carried unanimously. Chairperson Malick was excused at 5:10 p.m. Vice -chair Luckey closed the hearing on all items except for the St. Croix Electric Cooperative special exception, which has been continued until the August 24, 2006 hearing. MINUTES Motion by Jan Zoerb, seconded by Sue Nelson to approve the minutes of June 22, 2006 with corrections identified by the Board and staff. The motion carried on a 4 -0 vote. Chairperson Malick was not present for the vote. Vice -chair Luckey adjourned the meeting at 5:25 p.m. on Thursday July 27, 2006. 16 Respectfully submitted, Sue Nelson, Secretary Becky Egge eco Secretary 17