HomeMy WebLinkAboutBoard of Adjustment 09-28-06 ST. CROIX COUNTY BOARD OF ADJUSTMENT
Thursday, September 28 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: October 26, 2006
E. HEARINGS - See Attached
F. UNFINISHED BUSINESS
1. Nels Ulsaker — St. Croix Meadows Tabled Special Exception Request
G NEW BUSINESS
1. *Closed session pursuant to Wisconsin Statutes 19.85(1)(g) to confer with legal
counsel concerning strategy to be adopted by the Board with respect to litigation in
which it is involved. Reconvene in open session.
2. *Reconsideration of Alice, hlc., SE0064.
3. Set Date for November Meeting
4. 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: September 11, 2006
COPIES TO: County Board Office County Clerk
Board Members News Media/Notice Board
* CANCELLATIONS /CHANGES /ADDITIONS
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PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, September 28, 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 EXCEPTIONS
1. APPLICANTS: Lynn Olkjer and Kara Geifer
LOCATION: NW %4 of the SE 1 /4, Section 3, T3 IN, R1 8W, Town of Star Prairie
ADDRESS: 1175 County Road H
REQUEST: Item #1: Special exception request to operate a horse riding/training and boarding
stable pursuant to Section 17.15(6)(m) of the St. Croix County Zoning Ordinance.
Item #2: Special exception request to exceed one animal unit per acre pursuant to
Section 17.15(6)(o) of the St. Croix County Zoning Ordinance.
2. APPLICANTS: Kevin Hansch
LOCATION: SE' /4 of the SE 1 /4, Section 23, T3 IN, R1 8W, Town of Somerset
ADDRESS: Lot 2 of CM &E Business Park
REQUEST: Special exception request for a drywall business and leased commercial space in the
Commercial District pursuant to Section 17.18(1) of the St. Croix County Zoning
Ordinance.
3. APPLICANT: Dave and Kathy DeGear
LOCATION: SW ' /4 of the SE '/4, Section 12, T30N, R18W, Town of Richmond
ADDRESS: Lot 5 of Water's Edge Subdivision
REQUEST: Special exception request for filling and grading in the Shoreland District of Brushy
Mound Lake pursuant to Section 17.29(2)(c)3 of the St. Croix County Zoning
Ordinance.
4. APPLICANT: Bridgeport, LLC
LOCATION: NW ' /4 of the SE '/4, Section 22, T30N, R20W, Town of St. Joseph
ADDRESS: 1441 Hwy 35, Houlton
REQUEST: Special exception request for manufacturing of boat docks, with the sales and service
of docks, boats, RV's, and ATV's in the Industrial District pursuant to Section
17.19(1) of the St. Croix County Zoning Ordinance.
VARIANCES
5. APPLICANT: Shaun Bird
LOCATION: SE' /4 of the SW 1 /4, Section 33, T3 IN, R16W, Town ofCylon
ADDRESS: 182 " Avenue and 224` Street
REQUEST: Item #1: Variance request for a residence to encroach within the setback from an alley
pursuant to Section 17.60 6.a. of the St. Croix County Zoning Ordinance.
Item #2: Variance request to the driveway separation requirements pursuant to
Section 17.60 7.d.4) of the St. Croix County Zoning Ordinance.
All interested persons are invited to attend said hearing and be heard. Additional information may be obtained
from the St. Croix County Planning and Zoning Department, Hudson, Wisconsin at (715) 386 -4680.
Clarence W. Malick, Chairperson
St. Croix County Board of Adjustment
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BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
September 28, 2006
The meeting was called to order by Chairperson Buck Malick at 8:35 a.m. A roll call was
made; Chairperson Buck Malick, Sue Nelson, and Jan Zoerb were present. Linda Luckey and
Charles Struemke were absent and excused. Staff included: Jenny Shillcox, Zoning Specialist;
Steve Olson, Land and Water Conservation Department; Bob Bezek, Code Administrator;
David Fodroczi, Planning and Zoning Director; and Becky Eggen, Recorder.
Staff assured the Board that this was a properly noticed meeting.
The next meeting for the Board will be October 26, 2006 at 8:30a.m. in the County Board
Room of the Government Center in Hudson.
The hearing was opened by Chairperson Malick. Testimony was taken and recorded by Laurel
S. Dean, court reporter from Q & A Court Reporters.
Old Business: Nels Ulsaker, St. Croix Meadows — Tabled Special Exception Request
Applicant requested a special exception permit to expand an existing mini storage business,
St. Croix Meadows, and to use an existing parking lot for a park- and -ride in the Commercial
District in the Town of St. Joseph.
Staff presented the application and staff report. Based on the findings of fact and conclusions
of law, the staff recommended approval of the special exception permit with conditions.
Heidi Kameski, business manager for St. Croix Meadows, spoke in favor after signing an
oath. She asked to remove the 20 foot setback on the park- and -ride since it has been there for
decades. A dollar is going to be charged for each vehicle parked in the lot to get an idea of
who is using it.
No one testified in opposition.
Application #1: Lynn Olkier, property owner, and Kara Geifer, Manager /Trainer -
After- The -Fact Special Exception
Applicant requested an after -the fact special exception permit for a horse boarding, training and
breeding facility, Heartland Equestrian Center, and to exceed one animal unit per acre up to a
total of 35 horses in the Ag Residential and Shoreland Districts in the Town of Star Prairie.
Staff presented the application and staff report, explaining that this matter was first brought to
staff's attention as a zoning violation in July, 2003, and site visits in August and September
2006 indicated that the situation has not changed over the past three years. The Town of Star
Prairie submitted a recommendation on July 12, 2004, stating that it was not in favor of
approving the special exception permit and they had questions and concerns regarding manure
storage, people riding horses on County Highway H, the amount of traffic on 117 Street,
parking, and the suitability of the use in close proximity to a highly populated area on Cedar
Lake (Exhibit 8). St. Croix County Land and Water Conservation Department submitted
comments on July 19, 2004 stating that the property was out of compliance with NR 151 and
NRCS 313 regarding the unconfined manure stacking area and uncontrolled livestock access to
waters of the state (Exhibit 10). An updated recommendation was submitted stating that the
property is still out of compliance (Exhibit 11). St. Croix County Highway Department
suggested some signing possibilities that could be used when riding along county roads. There
are specific laws that prohibit the depositing of any debris (e.g. animal waste) on a roadway.
(Exhibit 13). The Wisconsin Department of Natural Resources requires the applicant to comply
with the standards in NR 151 and all other applicable state standards.
Jan Zoerb noted she has bought a horse from Kara Geifer in the past, but can still act on the
decision since there is no current business being done.
Kara Geifer signed an oath and spoke in favor of the project. There was a closing set up for
April of 2004 for the residence on the property. As of September 2005 the sale still had not
gone through, thus the reason for the late re- submittal of the special exception. Geifer noted
that the manure pile has expanded; however, the location of the pile was already established
when the property was purchased from the previous owner. Kara Geifer clarified she had hay
unloaded on the property; but had a skid steer on 117` street to help with the unloading.
No one appeared to testify in opposition, however, there was a letter received from Dennis and
Mary Beth Raddatz voicing their concerns with the application (Exhibit 14). Their concerns
included: 1. Large semi's delivering hay have parked directly on 117 "' Street blocking the
roadway to through traffic. 2. Horse manure being manually dumped along the roadside of
117"' Street. 3. Heartland Equestrian Center doesn't seem to instruct their riders as to where
they may not ride. 4. Inadequate fencing; horses have escaped from pasture into the front yard
of the Raddatz's property. Staff has also received numerous phone calls with concerns.
Application #2: Kevin Hansch- Special Exception
Applicant requested a special exception permit to operate a metal framing and drywall business,
Hansch Metal Framing & Drywall, and to lease commercial space to other similar businesses in
the Commercial District in the Town of Somerset.
Staff presented the application and staff report. The Town of Somerset recommended approval
with conditions of holding the applicant responsible for ensuring that tenants comply with
conditions of the special exception permit and for controlling tenant activities through a lease
agreement. The Town also recommended that the special exception approval not be
transferable in the event the applicant sells the property (Exhibit 8). St. Croix County Land and
Water Conservation Department found the storm water management and erosion control plans
to be adequate, and recommended that the drainage and erosion problems should be addressed
(Exhibit 9). Wisconsin Department of Natural Resources did not submit a recommendation.
Based on the findings of fact and conclusions of law, staff recommended approval of the
Hansch Metal Framing and Drywall business and the construction of the building and facilities
to be leased to similar businesses, but recommended that all future businesses be required to
obtain separate special exception permits.
Kevin Hansch, owner of the property, signed an oath and spoke in favor of the application.
Kevin clarified that the berm on the property had been fixed. There is a gap in the berm to see
the white pine that was already there; otherwise it was going to have to be removed. Hansch
would like the tenants to be able to move into the building without having to apply for a special
exception permit. He feels the two month process would discourage possible tenants to move
into his building. He would consider it a denial if each tenant has to get a special exception
permit.
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Lenny Germain, Board member from the Town of Somerset and owner of lot one in the C M &
E Business Park, signed an oath and voiced the comments and concerns of the Town. One
concern is that the back lot should be asphalt, but the plans are showing gravel. Lenny
mentioned a concern regarding the sanitary system; the pipe that runs under the driveway.
There needs to be enough foam around the pipe to prevent freezing.
No one testified in opposition.
Application #3: David and Kathy DeGear - Speccal Exception
Applicant requested a special exception permit for filling and grading in the Shoreland District
of Brushy Mound Lake in the Town of Richmond in order to construct a residence with a
walkout basement and attached garage on an undeveloped lot.
Staff presented the application and staff report. The Town of Richmond did not submit a
recommendation on this request. St. Croix County Land and Water Conservation Department
approved the erosion control and storm water management plans. They recommended that the
applicants record an operation and maintenance plan for the rain gardens against the property
(Exhibit 4). Wisconsin Department of Natural Resources verified that a Chapter 30 permit is
not needed. They recommended that erosion control measures be sufficient to prevent sediment
deposits into Brushy Mound Lake consistent with state regulations, and that vegetation
disturbance within the OWHM setback be minimized to the maximum extent practicable
(Exhibit 5). Based on the findings of fact and conclusions of law, staff recommended approval
of this request with conditions.
Jerry Ripley with JEO, signed an oath and spoke in favor of the request. He stated that this lot
is adjacent to a lot that received prior approval from the Board of Adjustment. He was available
for questions.
No one testified in opposition.
Application # 4: Bridteport, LLC — Special Exception Amendment
The applicant requested a special exception permit for the following uses in the Industrial
District in the Town of St. Joseph:
• Offices for Bridgeport, LLC.
• Manufacturing and sales of built -to order residential boat docks.
• Retail sales of new and used boats /pontoons, RVs, ATVs, and power sport vehicles.
• Servicing for retail customers and warranty claims that arise from the sale of the
equipment.
• Warehousing and whole sale distribution of ATVs for Cheap Gas Toys, LLC
(Exhibit 4).
Staff presented the application and staff report. The Town of St. Joseph recommended approval
of the special exception amendment with conditions regarding removing an existing truck
trailer; submitting a written agreement between Bridgeport, LLC and Cheap Gas Toys, LLC
that restricts retail sales by Cheap Gas Toys, LLC; limiting the hours of semi traffic and loading
activities; restricting where vehicles can be parked; abiding by the application submitted;
providing the access code for 911 purposes; requiring a licensed sanitary system and holding
tank; submitting proof of recycling activities; limiting retail sales; and requiring annual review
of the special exception permit (Exhibit 6). St. Croix County Land and Water Conservation
Department approved the storm water management and erosion control plans. They
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recommended the applicant record an operation and maintenance agreement for the rain garden
against the property (Exhibit 7). The Wisconsin Department of Transportation had no
objections to the request (Exhibit 8). Based on the findings of fact and the conclusion of law,
staff recommended approval of this request with conditions.
Brian Shelton, managing partner, signed an oath and spoke in favor of the request. Mr. Shelton
asked for only 8 parking stalls. He stated that not all of the square footage in the building is
usable due to the furnace and other utilities. He asked for the parking stalls to be reconsidered.
No one spoke in opposition.
Application #5: Shaun Bird- Variance Request
The applicant owns three contiguous substandard lots in the unincorporated hamlet of Cylon.
The applicant requested to encroach up to 48 feet within the required 50 -foot setback from an
alley on the east side of the lots. The applicant also requested a variance from the driveway
separation standards to either place the driveway at the alley access on 182 "d Street, or to be
located approximately 75 feet north of the alley access on 224 Avenue.
Staff presented the application and staff report, explaining that the Town of Cylon
recommended denial of the request. The St. Croix County Highway Department did not object
to the variance request for encroachment into the alley setback. It is preferred that the driveway
be located off of 224 Street and supports deviating from separation standards as allowed by the
Ordinance for previously platted properties. Based on the findings of fact and the conclusions of
law, staff recommended approval of these variance requests with conditions.
Shaun Bird, property owner, signed an oath and spoke in favor of the request. Mr. Bird verified
that there is no encroachment with Xcel Energy. If the Town of Cylon would have abandoned
the alley, he would be in compliance with the setbacks.
No one testified in opposition.
The Board recessed for a break at 10:35 a.m. The Board reconvened at 10:45 a.m.
A motion by Zoerb to go into a closed session pursuant to Wisconsin Statutes 19.85(1)(g) to
confer with legal counsel concerning strategy to be adopted by the Board with respect to
litigation in which it is involved. Nelson seconded the motion. A roll call vote was taken;
Chairperson Malick, yes; Sue Nelson, yes; Jan Zoerb, yes. Charles Struemke and Linda Luckey
were not present.
The Board reconvened in open session at 11:45 a.m.
November meeting will take place on the 30 The date of the December meeting will be
decided at the October meeting when all the Board members are present.
Recessed for a lunch break and site visits at 11:50 a.m. The Board reconvened at 3:10 p.m.
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DECISIONS:
After hearing the testimony for special exceptions, variances and administrative appeal
applications, reviewing the material in the record, and conducting site visits, the Board
rendered the following decisions:
Lynn Olkier, property owner, and Kara Geifer, Manager /Trainer After - The -Fact
Special Exception
Motion by Nelson, second by Malick to approve the after - the -fact special exception request to
operate a horse boarding, training, and breeding facility and deny the after - the -fact special
exception request to exceed one animal unit per acre, based on the following findings:
1. The applicants are, Lynn Olkjer, property owner, and Kara Geifer, agent /manager,
1175 Cty Road H, New Richmond, WI.
2. The site is located NW 1 /4 of the SE 1 /4 of Section 3, T3 IN, RI 8W, Town of Star
Prairie, St. Croix County, WI.
3. The applicants filed an application with the Board of Adjustment for a special
exception permit for a horse boarding, training, and breeding facility, and to exceed
one animal unit per acre pursuant to Sections 17.15(6)(m) and 17.15(6)(o) of the St.
Croix County Zoning Ordinance.
4. The applicants' property is zoned Ag Residential and is within the Shoreland District
of Cedar Lake.
5. Cedar Lake is on the Wisconsin 303D list of impaired waters due primarily to high
phosphorous levels. The sensitive areas report for Cedar Lake, completed by the
Wisconsin Department of Natural Resources in September 2002, recommends
implementing strategies to improve water clarity and restrict nutrient enrichment
(Exhibit 7). Horse manure is rich in phosphorous and, if not properly managed and
contained, poses a threat to the water quality of Cedar Lake.
6. For over three years, the applicant has a history of violations and non - compliance with
the Ordinance and with state standards for nutrient management, manure storage,
livestock access to waters of the state, and maintaining vegetative cover along the banks
of two wetlands on the property. The applicant has stored more than 175 cubic feet of
manure in a drainage way in the Water Quality Management Area of Cedar Lake and has
allowed horses unlimited access to two wetlands on the property. With conditions for
properly storing manure and maintaining a permanent native vegetative buffer around all
wetlands on the site, this request will comply with NR 151 and 243, and NRCS 313 and
590 standards, which will help to bring the property into compliance with the St. Croix
County Zoning Ordinance.
7. The Town of Star Prairie does not recommend approval of this request and has
questions and concerns regarding manure storage, people riding horses on Cty Hwy H,
the amount of traffic on 117 Street, parking, and the suitability of the use in close
proximity to a highly populated area on Cedar Lake. Due to the presence of violations
of County Ordinances that have not yet been rectified, the Town Board stands behind
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actions the County deems necessary to bring the property into compliance in an
expedient manner.
S. In 2004 and 2006, several adjacent property owners indicated their opposition of these
requests regarding improper manure storage and disposal; semis and trailers blocking
local traffic on 117th Street; horses and horse -riding on private property; inadequate
fencing; and insufficient care to horses.
9. In 2004, one adjacent property owner indicated support for these requests.
10. The Land and Water Conservation Department has found the property to be out of
compliance with NR 151 and NRCS 313 regarding the unconfined manure stacking
area and uncontrolled livestock access to waters of the state and recommends that the
existing manure pile be removed and disposed of in accordance with the nutrient
management standards in NRCS 590 and that a 50 -foot native, self - sustaining
vegetative buffer be established and maintained around the two wetlands on the
property to limit livestock access
11. The Wisconsin Department of Natural Resources recommends compliance with NR
151 and other applicable state standards.
12. The St. Croix County Highway Department has verified that horse - riding is not
prohibited within the ROW of County Highway H, but that appropriate signage should
be provided along the highway.
Item #1:
The Board makes the following findings of fact and conclusions of law pertinent to Item #I:
13. With conditions for limiting the number of animal units allowed on the property,
properly storing manure, and maintaining a permanent native vegetative buffer around all
wetlands on the site in accordance with NR 151 and NR 243 standards, 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
by minimizing the risk of water pollution from excessive phosphorous and other
nutrients entering Cedar Lake and ponds and wetlands in the area, and preserving and
enhancing existing shoreline habitat to maintain the ecological characteristics of two
wetlands on the site,
• will not negatively impact the 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)l, 2, 3, 5, 7, and 10 and will
be consistent with the provisions of Sections 17.70(7)(d) and (f) of the Ordinance. It
is important to note here that, according to the applicants, the previous owner of the
property operated a similar horse boarding facility at this location.
14. The proposed horse boarding, training, and breeding facility meets the criteria for a
limited commercial recreational activity pursuant to Section 17.15(6)(m) of the
Ordinance. The proposed facility is subordinate to the primary agricultural use of the
property for grazing and pasturing, and is not likely to attract other related commercial
uses since it will be well- screened from Cty Hwy C with pine trees, the property appears
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residential and agricultural rather than commercial, and the property is not close to any
major state highway, city, or village. With conditions regarding off - street parking, traffic,
highway signs for horses -riding in the ROW of Highway H, posting signs along the
property lines that restrict horse -riding on neighboring private property, limiting vehicles
blocking 117` Street, providing a sufficient sanitary system, proper manure storage, and
maintaining a permanent native vegetative buffer around all wetlands on the site, it is
possible to prevent negative impacts of this limited commercial recreational use on
adjacent residential and riparian properties.
Item #2:
The Board makes the following findings of fact and conclusions of law pertinent to Item #2:
15. The site is not suitable for exceeding animal units due to its location within the Water
Quality Management Area of Cedar Lake, which is on the Wisconsin 303D list of
impaired waters due primarily to high phosphorous levels.
16. The Ordinance allows one animal unit per acre of land suitable for waste disposal.
Of the 21 acres of the property, approximately six acres are not suitable for waste
disposal due to buildings, outdoor arenas, ponds, and wetlands. Of the remaining 15
acres, it is questionable that the pastures are suitable for waste disposal due to steep
slopes. Additionally, current NR 243 standards for waste utilization consider one horse
to be equivalent to two animal units. Therefore, by today's standards it would not be
appropriate to allow greater than 15 horses on this property. This number is consistent
with that recommended by the Town of Star Prairie.
With the following conditions:
1. This special exception approval allows the applicants to operate a horse boarding,
training, and breeding facility not to exceed 15 horses on the property at any given
time. With prior approval from the Zoning Administrator, additional horses may be
allowed on the property for a time period not to exceed 24 -hours for special events.
2. The horse boarding, training, and breeding facility shall operate as indicated in the
plans submitted on June 15, 2004 and August 4, 2006, and as provided in the
conditions below. This approval does not include any additional animal units, uses, or
activities.
3. Within 30 days of this approval, the applicants shall obtain verification from the
County sanitary staff on whether or not the existing sanitary system is sufficient for
the proposed use, and submit a copy of the verification to the Zoning Administrator. If
the system is determined to be insufficient, the applicant shall be responsible for
replacing the system within one year. The applicant shall also be responsible for
obtaining any other necessary local, state, or federal permits and approvals, including
but not limited to those required by the Wisconsin Department of Natural Resources.
4. Within 30 days of this approval, the applicants shall remove the existing unconfined
manure pile from the drainage way and land -apply it in accordance with NRCS 590
standards. All manure storage shall hereafter be in a building or in a contained area in
accordance with the methods outlined in NRCS 313. Due to past and current violations in
exceeding the amount of uncontained manure stored in the Water Quality Management
Area of Cedar Lake, the applicants shall under no circumstances store any manure in an
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uncovered or uncontained area. Manure shall not be improperly disposed of or buried
onsite.
5. Within 30 days of this approval, the applicants shall fence off the area 50 -feet from the
OHWM of all wetlands on the property in accordance to NRCS standards and seed it
in order to permanently establish a self - sustaining native vegetation buffer. The fence
shall be permanent and constructed in conformance with fencing standards in NRCS
382. Permanent vegetation shall be established no later than June 1, 2007. All
impervious coverage — including but not limited to private driveways, high traffic
animal transfer corridors, and feeding areas - shall be removed and reclaimed within
this 50 -foot buffer area.
6. Within 30 days of this approval, the applicants shall post signs on their property
warning riders not to trespass on neighboring properties. Two signs shall be placed
along either side of 117 Street along the south property line stating "No horse - riding
beyond this point - Private Property" or the standard "No Trespassing ". Additional
signs shall be posted to notify residents to stay within the ROW of 117 Street and
County Highway H as deemed appropriate by the Zoning Administrator.
7. Within 30 days of this approval, the applicant shall record an affidavit against the
property referencing the Board of Adjustment decision dated September 28, 2006 (File
#23 -04) and submit a copy to the Zoning Administrator. The purpose of this condition
is to alert all future property owners that they must contact the Zoning Administrator
to ensure that their proposed use of the property complies with all Ordinance
requirements and conditions of this permit, as well as to alert them of the
responsibilities associated with the property and the limitations incurred as a result of
this decision.
8. All customer parking, semi - loading/unloading, deliveries, and other activities shall be
conducted on -site and not on 117"' Street.
9. The applicant shall limit the travel on 117"' Street related to the horse boarding,
training, and breeding facility from 6:00 AM to 9:00 PM, Sunday - Saturday.
10. Horse - riding along County Highway H shall be discontinued, unless the applicant
provides the appropriate signage recommended by the St. Croix County Highway
Department. Signage shall be posted no later than December 31, 2006.
11. No onsite sales (such as clothing apparel, riding equipment, hats, and boots) are
permitted.
12. Any minor change (or addition) in expansion of the facilities, including but not limited to
signage, hours of operation, or 590 Nutrient Management plan, shall require prior review
and approval by the Zoning Administrator. Any major change and/or addition to the
originally approved plan will go through the special exception approval process, where
applicable, as stated in the Ordinance.
13. Failure to comply with the conditions of this approval within the timeframes stipulated
shall be grounds for revocation. If the special exception permit is revoked, the
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applicant will be required to secure a new special exception permit to continue the
horse boarding, training, and breeding operation.
14. The applicant shall contact the Zoning Administrator to review this special exception
permit annually (September of each year) for compliance with the conditions of this
approval. At these times, the applicant shall also submit to the Zoning Administrator
proof of manure removal activities, updates of the 590 Nutrient Management Plan, and
spreading reports.
15. Any change in ownership or management shall require prior notification to the Zoning
Administrator. The new owner or manager shall submit to and have approved by the
Zoning Administrator a signed statement indicating understanding and acceptance of
the terms of the special exception permit, as well as a plan of operations to ensure that
all Ordinance requirements and conditions of this permit are met. The Zoning
Administrator may determine that special exception approval is necessary.
16. 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.
17. Accepting this decision means that the applicants and all property owners have read,
understand, and agree to all conditions of this decision.
The following vote was taken: Nelson, yes; Zoerb, yes; Chairperson Malick, yes. Luckey and
Struemke were not present.
The Board recessed at 5:00 p.m. on Thursday, September 28"' and reconvened at 8:39 a.m. on
Friday, September 29.
Bridgeport, LLC — Special Exception Amendment
Motion by Zoerb, second by Nelson to approve the special exception to manufacture
residential boat docks and to sell and service docks, boats, RVs, ATVs, and power sports
vehicles in the Industrial District based on the following findings:
1. The applicant is Bridgeport, LLC, property owner.
2. The site is located on Hwy 35/64 in the NW ' / 4 of the SE' /4 of Section 22, T30N, R20W,
Town of St. Joseph, St. Croix County, Wisconsin.
3. The applicant filed with the Planning and Zoning Department an application for a
special exception to manufacture residential boat docks and to sell and service docks,
boats, RVs, ATVs, and power sports vehicles in the Industrial District pursuant to
Section 17.19(1) of the St. Croix County Zoning Ordinance.
4. Cheap Gas Toys, LLC has a general agent agreement with Bridgeport, LLC allowing
Bridgeport to wholesale warehouse its products for distribution, and to allow Bridgeport
to buy its product at cost for retail sales. Cheap Gas Toys is not operating at or leasing
space from Bridgeport; therefore, staff has determined that a separate special exception
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permit is not required for Cheap Gas Toys. The applicant did not include as part of this
request additional storage for others.
5. This request does not violate the spirit or general intent of the St. Croix County Zoning
Ordinance or the purpose of the zoning district in that low impact manufacturing,
servicing, and sales of recreational vehicles is a reasonable and appropriate use in the
Industrial District, which the property is currently zoned. Its location along a
commercially zoned corridor on Hwy 35/64 and proximity to other existing and
compatible commercial businesses — including an auto repair shop, boat service and
storage, mini - storage, and RV park — that makes the site suitable for this type of use.
The proposed use is also similar to previous uses on the site, including boat
manufacturing and a retail dealership for heavy equipment.
6. This request meets several goals and objectives of the St. Croix County Development
Management Plan by diversifying the economy, providing employment opportunities,
and serving nearby rural development.
7. With conditions for storm water management, the proper handling and recycling of
potentially hazardous materials, and paving all driving, parking and motorized vehicle
display areas, this request would not negatively impact the health, safety, or welfare of
the public, nor would it be substantially adverse to property values for nearby
residences. The applicant has indicated that only boats with enclosed motor
compartments, travel trailers with empty black/gray water tanks, and trailers that contain
no fluids will be displayed on the lawn area. All motorized vehicles and ATVs will be
displayed on the paved area.
8. The adjacent property owner to the northwest did not submit any concerns about the
visibility of the applicant's property. Hwy 35/64 separates the properties and the
buildings are well screened from each other by heavy vegetation on the adjacent
landowner's property.
9. With conditions for shielding light sources, screening all driving and parking areas to
reduce dust and prevent glare from vehicle headlights, and limiting any noise that is
generated from the site, this request would not constitute a nuisance by reason of noise,
dust, smoke, odor or other similar factors.
10. With conditions for screening and paving all driving and parking areas, the standards
will be met to grant the special exception permit for this request pursuant to Section
17.19(1)(a -f) of the St. Croix County Zoning Ordinance.
11. With conditions for providing sufficient parking stalls for off - street parking, this request
will meet off - street parking standards pursuant to Section 17.57 of the St. Croix County
Zoning Ordinance.
12. The driveway meets the driveway spacing requirements and all parking areas and
buildings meet required road setbacks from Hwy 35/64 pursuant to Section 17.60 6.a. of
the St. Croix County Zoning Ordinance.
13. The Town of St. Joseph has recommended approval of this request with conditions
regarding removing an existing truck trailer; submitting a written agreement between
10
Bridgeport, LLC and Cheap Gas Toys, LLC that restricts retail sales by Cheap Gas
Toys, LLC; limiting the hours of semi traffic and loading activities; restricting where
vehicles can be parked; abiding by the application submitted; providing the access code
for 911 purposes; requiring a licensed sanitary system and holding tank; submitting
proof of recycling activities; limiting retail sales; and requiring annual review of the
special exception permit.
14. The St. Croix County Land and Water Conservation Department approves of the storm
water management plan with a condition that an operation and maintenance plan for the
rain garden be recorded against the property.
15. The Wisconsin Department of Transportation has no objections to this request.
With the following conditions:
1. This special exception permit is for Bridgeport, LLC, property owner, to manufacture
residential boat docks and to sell and service docks, boats, RVs, ATVs, and power
sports vehicles in the Industrial District as indicated in the plans submitted on August
30, 2006, and as provided in the conditions below. Approval for this special exception
permit does not include any additional structures, impervious coverage, storage space
rentals, or other activities or uses.
2. Prior to commencing the business and any construction activities, the applicant shall
secure all necessary local, state, and federal permits and approvals, including but not
limited to a Town Building Permit and a County Sanitary Permit, and necessary
approvals from the Wisconsin Department of Commerce and Department of Natural
Resources.
3. Prior to commencing the business and any construction activities, the applicant shall
submit to and have approved by the Zoning Administrator a revised landscaping plan
featuring additional plantings along the entrance and the property line to the west to
form a buffer at least 10 feet in width with native evergreen trees and shrubs at least
six feet in height at the time of planting to better screen the employee parking lot and
buildings and to enhance the rural character and natural beauty of the area. The
landscaping buffer shall extend from the south property line north to the building line,
and shall attain 80% opacity at maturity.
4. The applicant shall maintain a minimum of eight paved parking stalls and a maximum
of 16 stalls based upon staff's determination of the exact amount of usable space in the
building, and upon annual review shall be responsible for providing additional paved
parking stalls as deemed necessary by the Zoning Administrator to meet off - street
parking standards pursuant to Section 17.57 of the St. Croix County Zoning
Ordinance.
5. Prior to commencing the business and any construction activities, 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 and driving surfaces, landscaping, and the storm water management
plan (to ensure proper construction). The initial financial guarantee period shall be for
�1
a minimum of one year and shall automatically renew until the county releases any or
all of the financial guarantees. The financial guarantee shall be submitted as follows:
• Written estimates must be submitted to the Zoning Administrator for review
and approval.
• No construction, including earth moving, shall take place prior to approval of
the financial guarantees.
• The applicant shall have the engineer submit proof that the plans were installed
as approved. This document can be submitted in the form of an as -built or
other document that County staff can review to ensure the plans were installed
in accordance with the original design (see Condition #14).
• 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.
Instead of the financial guarantee, the applicant may provide a compliance deposit in good funds
in the amount of $5,000 to be held by the Zoning Administrator until this work has been
completed and approved, at which time the deposit will be refunded in full.
6. Within 60 days of this approval, the applicant must record an affidavit against the
property referencing this decision and the storm water management plan and an
operation and maintenance agreement for the rain garden, and provide a recorded copy
to the Zoning Administrator. The intent is to make future owners aware of the
responsibilities and limitations associated with the property.
7. The property shall be maintained in a neat and orderly manner. No items or materials,
other than vehicles and equipment on display for sale, may be stored outside.
8. Only boats with enclosed motor compartments, travel trailers with empty black/gray
water tanks, and trailers that contain no fluids may be displayed on the lawn area. All
motorized vehicles and ATVs shall be displayed on the paved area. No leaking
vehicles shall be displayed on the grass.
9. No boats, trailers, RVs, or other vehicles or equipment shall be driven over or parked
on the area designated for the rain garden/infiltration area.
10. Hours of operation shall not extend beyond 9:00 AM and 7:00 PM Monday —
Saturday.
11. All security lights on the site and on the building must be downward directed and
shielded away from neighboring properties to prevent glare.
12. Upon complaints of regularly occurring, excessively loud noise at any time, the
applicants shall work with the Zoning Administrator to abate the noise problem. In the
event that the matter cannot be resolved administratively, the applicants shall take the
matter before the Board of Adjustment at a public hearing.
12
13. The applicant shall contact the Zoning Administrator to review this special exception
permit annually (September of each year) as recommended by the Town of St. Joseph
for compliance with the conditions of this approval. At these times, the applicant shall
also submit to the Zoning Administrator proof of recycling activities.
14. Any change in on -site signage requires prior approval by the Zoning Administrator,
who may determine that approval from the Board of Adjustment is needed. All
lighting, including the lights on the sign, shall comply with the general sign standards
in Section 17.65(2) of the St. Croix County Zoning Ordinance.
15. Within six months of completing construction of the parking areas and rain garden, the
applicant shall submit to the Zoning Administrator photos and certification from the
project engineer to ensure that everything has been constructed as designed and
approved.
16. The applicant shall be responsible for meeting the recommendations of the Town of
St. Joseph not already provided for in the conditions above, including:
• removing an existing truck trailer from the site no later than October 15, 2006;
• submitting a written agreement between Bridgeport, LLC and Cheap Gas
Toys, LLC that restricts retail sales by Cheap Gas Toys;
• providing the access code for the facilities for 911 purposes; and
• installing a licensed sanitary system and a holding tank for hazardous waste
within one year of this approval.
17. The applicant shall have one (1) year from the issuance of the special exception permit
to commence the business and construction of the paved parking and display areas and
infiltration area and two (2) years from the issuance to substantially complete the
project. Failure to do so shall result in the revocation of the special exception permit.
18. Upon any change in ownership or management of the property, the applicant shall
submit to the Zoning Administrator the name and contact information of the new
owner or manager, who shall comply with all of the general requirements and
conditions listed in this decision and who may need to obtain separate special
exception approval. Any change in use or change /addition to the site - 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.
19. These conditions may be amended or additional conditions may be added if
unanticipated circumstances arise that would affect the health and /or safety of citizens
or degrade the natural resources of St. Croix County. Conditions will not be amended
or added without notice to the applicant and an opportunity for a hearing.
20. Accepting this decision means that the applicant and all property owners have read,
understand, and agree to all conditions of this decision.
The following vote was taken to approve: Nelson, yes; Zoerb, yes; Chairperson Malick, yes.
Luckey and Struemke were not present.
13
The Board recessed at 10:10 a.m. for a break and reconvened at 10:20 a.m.
Nels Ulsaker, St. Croix Meadows — Tabled Special Exception
Motion by Nelson, second by Zoerb to approve the special exception permit to expand an
existing mini storage business, St. Croix Meadows, and to use an existing parking lot for a park -
and -ride lot based on the following findings:
1. The applicant is Nels Ulsaker, owner of St. Croix Meadows.
2. The site is located in the NW' /4 of the SE' /4 of Section 22, T30N, R20W, Town of St.
Joseph, St. Croix County, Wisconsin.
3. The applicant filed with the Planning and Zoning Department an application for a
special exception amendment to expand an existing mini storage business and to use
an existing parking lot for a park- and -ride in the Commercial District pursuant to
Section 17.18(1) 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 mini storage facilities and a park- and -ride are reasonable and
appropriate uses in the Commercial District, which the property is currently zoned. Its
location adjacent to Hwy 35/64 and close to other existing commercial businesses
makes the site suitable for the expansion of this type of operation. Also, the close
proximity to the Wisconsin/Minnesota bridge makes this site a prime location for a
park- and -ride, which will provide a service to the residents in the area.
5. With conditions for storm water management, erosion control, landscaping, and
increasing the setback of the park- and -ride lot from the ROW of Hwy 35/64, this request
would not negatively impact the health, safety, or welfare of the public, nor would it be
substantially adverse to property values for nearby residences. The business has existed
on the site for nine years without any violations on record at the County.
6. With conditions to pave all parking areas and driving surfaces, increase the setback of
storage buildings from the south property line, limit the time in which a vehicle can be
parked in the park- and -ride, and plant additional trees and shrubs to screen all parking
areas associated with the mini storage facility from the adjacent residential properties,
this request would not constitute a nuisance by reason of noise, dust, smoke, odor or
other similar factors.
7. The applicant will provide sufficient area for off - street parking pursuant to Section
17.57 of the St. Croix County Zoning Ordinance.
S. All existing and proposed buildings meet required road setbacks from Hwy 35/64
pursuant to Section 17.60 6.a. of the St. Croix County Zoning Ordinance. The park -and-
ride lot does not meet the required 20 -foot setback from the ROW of Hwy 35/64.
9. With conditions to remove the existing junk on the property and not allow any outside
storage in the future, the site will be brought into compliance with the St. Croix County
Zoning Ordinance.
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10. The Town of St. Joseph has recommended approval of this request to expand an existing
mini storage business and to use an existing parking lot as a park- and -ride lot with
conditions for an increased setback from the south property line and additional
screening for the mini storage buildings, and with conditions for defining and limiting
the park- and -ride activities, implementing the storm water management plan, limiting
the size of the lot not to exceed current dimensions, making the permit non - transferable,
and restricting continuous parking on the lot not to exceed 72 hours.
11. The St. Croix County Land and Water Conservation Department does not object to the
approval of this request with a condition that an operation and maintenance plan for the
storm water pond be recorded against the property.
12. The Wisconsin Department of Transportation does not object to this request.
With the following conditions:
1. This special exception permit is for Nels Ulsaker, owner of St. Croix Meadows, to
continue to use an existing parking lot as a park- and -ride and to expand an existing mini
storage business in the Commercial District by adding two storage buildings in
accordance to the plans submitted on July 5, 2006 and July 31, 2006, and as provided
in the conditions below. Approval for this special exception permit does not include
any additional grading and filling, structures, impervious coverage, or uses.
2. The applicant shall continue to strictly adhere to the conditions of the August 4, 1997
Board of Adjustment, unless stated otherwise in the conditions below.
3. Within 30 days of this approval, the applicant shall submit to the Zoning
Administrator, a revised site plan indicating a 25 -foot setback for the proposed mini
storage buildings from the south lot line and a 20 -foot setback for the park- and -ride lot
from the ROW of Hwy 35/64. The applicant shall reduce the setback of the parking
lot by cutting the pavement, landscaping it, or by other means approved by the Zoning
Administrator. The total area of the park- and -ride shall not exceed the existing
dimensions of 52 x 121 feet.
4. Prior to commencing construction, the applicant shall remove all junk items from the
property and shall maintain the property in a neat and orderly manner. No items or
materials may be stored outside.
5. Prior to commencing construction of the new storage buildings, the applicant shall
secure all necessary local, state, and federal permits and approvals, including but not
limited to a Town Building Permit and necessary approvals from the Wisconsin
Department of Commerce and Department of Natural Resources (if required).
6. Prior to commencing construction, the applicant shall submit to and have approved by
the Zoning Administrator a revised landscaping plan featuring a buffer at least 10 feet
in width with native evergreen trees and shrubs at least six feet in height at the time of
planting along the south lot line to better screen the parking lot and buildings
p g g p g s g
associated with the mini storage facility and retain the rural character and natural
beauty of the area. The landscaped buffer shall attain 80% opacity at maturity.
15
7. 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 and driving
surfaces, landscaping, and the storm water plan (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.
The financial guarantee shall be submitted as follows:
• Written estimates must be submitted to the Zoning Administrator for review
and approval.
• No construction, including earth moving, shall take place prior to approval of
the financial guarantees.
• The applicant shall have the engineer submit proof that the plans were installed
as approved. This document can be submitted in the form of an as -built or
other document that County staff can review to ensure the plans were installed
in accordance with the original design (See Condition #11).
• Upon substantial completion of all required improvements, the applicant shall
notify the Zoning Administrator of the completion of the improvements in
writing. The Zoning Administrator, in consultation with appropriate experts,
shall inspect the improvements.
17. 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.
8. Within 60 days of completing construction, the applicant must record an affidavit
against the property referencing this special exception decision, the storm water
management plan, and an operation and maintenance agreement for the pond, 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.
9. The applicant shall maintain paved access and driving surfaces between and around
buildings immediately upon completion of the construction of the buildings, and in
accordance with the approved plans.
10. Any change in on -site signage or lighting requires prior approval by the Zoning
Administrator, who may determine that approval from the Board of Adjustment is
needed.
11. Within six months of completing construction of the entire project, the applicants shall
submit to the Zoning Administrator photos and an as -built drawing of all completed
buildings, hard surface, storm water management devices, signs, lights, and
landscaping to ensure that everything has been constructed as designed and approved.
12. No vehicle may be parked on the park- and -ride lot for a period of more than 72 hours.
The lot shall not be used for any other purpose than short-term parking for commuters.
These requirements shall be permanently posted on the site.
13. The applicant shall contact the Planning and Zoning Department to review this special
exception permit in two years from the approval date (September 2008) for
compliance with the conditions of this approval.
16
14. Any change in ownership or management shall require prior notification to the Zoning
Administrator. The new owner or manager shall submit to and have approved by the
Zoning Administrator a signed statement indicating understanding and acceptance of
the terms of the special exception permit, as well as a plan of operations to ensure that
all Ordinance requirements and conditions of this permit are met. The Zoning
Administrator may determine that special exception approval is necessary.
15. Any change in design or use of the buildings or type of businesses, or project details —
including but not limited to expansion, signage, landscaping, lighting, 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.
16. The applicant shall have one (1) year from the issuance of the special exception permit
to commence construction and two (2) years to substantially complete the project —
including implementation of the approved landscaping, storm water drainage system,
and storm water pond. Failure to do so shall result in revocation of the special
exception permit.
17. 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.
18. 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; Zoerb, yes; Chairperson Malick, yes.
Luckey and Struemke were not present.
Kevin Hansch- Special Exception
Motion by Malick, second by Nelson to approve the special exception request to operate a metal
framing and drywall business and lease commercial space to other similar businesses in the
Commercial District based on the following findings:
1. The applicant is Kevin Hansch, property owner.
2. The site is located on 68"' Street on Lot 2 of the CM & E Business Park in the SE ' / 4 of
the SE I /4 of Section 23, T31N, R19W, Town of Somerset, St. Croix County,
Wisconsin.
3. The applicant filed with the Planning and Zoning Department an application for a
special exception permit to operate a metal framing and drywall business and lease
commercial space to other similar businesses in the Commercial District pursuant to
Section 17.18(1) of the St. Croix County Zoning Ordinance.
4. The proposed metal framing and drywall business does not violate the spirit and intent
of the St. Croix County Zoning Ordinance in that it is a reasonable and appropriate use
in the Commercial District, which the property is currently zoned. The location of this
17
property is acceptable for the proposed use due to the fact that it is in CM & E Business
Park, which was designed for commercial uses of this type and which has the facilities
and infrastructure to support it. Not knowing the specifics of future businesses that may
lease space in the building makes it difficult to determine whether or not they will meet
the spirit and intent of the Ordinance, which is why the Board of Adjustment has
consistently required that each business in a leased building obtain a separate special
exception permit. It is possible that with conditions to ensure that future businesses
leasing space in the building comply with all applicable requirements in the Ordinance,
meet the purpose of the Commercial District, and comply with all conditions of the
Board's approval, the spirit and intent could be met.
5. The request will meet several goals and objectives of the St. Croix County Development
Management Plan by diversifying the economy and providing employment
opportunities, and by providing a suitable location for small businesses and commercial
operations to locate in a commercially zoned business park rather than in primarily
residential areas where the operations may not be compatible with adjacent uses.
6. With conditions to ensure the timely implementation of the storm water management
and erosion control plan so that runoff is infiltrated within the business park and does
not drain onto adjacent residential properties, landscaping that substantially screens
adjacent residences from the business and redirects off -site runoff, and limiting traffic
on the local road system, 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. Drainage easements and a landscaping plan have already been
recorded as part of the plat for CM & E Business Park.
7. With conditions for shielding light sources, restricting the types of businesses that may
lease space in the building, limiting business operations for all tenants in the building,
paving all driving and parking surfaces, and providing adequate off - street parking and
screening, this request would not constitute a nuisance by reason of noise, dust, smoke,
odor or other similar factors. The proposed metal framing and drywall business and
proposed future businesses will be primarily warehouse and office uses, with no loud
noises, dust, smoke, or odor being produced.
8. The standards have been met to grant the special exception permit for the metal framing
and drywall business pursuant to Section 17.18(1)(a -f) of the St. Croix County Zoning
Ordinance. Not knowing the specifics of future businesses that may lease space in the
building makes it difficult to determine whether or not they will meet the Commercial
District standards, which is why the Board of Adjustment has consistently required that
each business in a leased building obtain a separate special exception permit. It is
possible that with conditions requiring a lease agreement with operational limitations
and/or prior administrative review and approval of any future businesses that may lease
space in the building, staff could ensure that the standards are met.
9. The applicants will provide 23 paved off - street parking stalls, which is more than
sufficient for the metal framing and drywall business pursuant to Section 17.57 of the St.
Croix County Zoning Ordinance. With conditions to add 16 additional paved off - street
parking stalls, sufficient parking would be provided for future businesses. Using the
standards of one stall per 200 square feet of office space (3,000 square feet of the
building is designated for office space) and one stall per 500 square feet of warehouse
18
space (12,000 square feet of the building is designated for warehouse space), a total of
39 stalls is needed according to the entire building blueprint. The storm water
management plan for the CM & E Business Park accounts for the additional impervious
coverage (3,200+ square feet). It is likely that some future businesses listed as possible
tenants would require more or less parking depending on the specific uses. With
conditions requiring prior administrative review and approval of any future businesses
that may lease space in the building, staff could ensure that adequate stalls are provided
to meet parking standards.
10. The driveway meets the spacing requirements and the proposed building meets the
required road setbacks from 68 Street and 220 Avenue pursuant to Section 17.60 of
the St. Croix County Zoning Ordinance.
11. With conditions for limiting the canopy signs on the building to no more than four signs
not to exceed 25 square feet each and the entrance sign to no more than 100 square feet,
the proposed on -site signage will be appropriately sized for and consistent with signs
historically approved by the Board of Adjustment for uses in the Commercial District.
The signs will also meet the setback requirements and other general standards for signs
pursuant to Section 17.65 of the St. Croix County Zoning Ordinance.
12. The Town of Somerset has recommended approval of this request with conditions for
holding the applicant responsible for ensuring that tenants comply with conditions of the
special exception permit and for controlling tenant activities through a lease agreement.
The Town also recommends that the special exception approval not be transferable in
the event that the applicant sells the property.
13. The St. Croix County Land and Water Conservation Department finds the storm water
management plan to be adequate and recommends that the drainage and erosion
problems on the site be addressed.
14. The Wisconsin Department of Natural Resources has not submitted a recommendation
on this request.
With the following conditions:
1. This special exception permit is for Kevin Hansch to operate a metal framing and
drywall business and to construct additional commercial office and warehouse space to
be leased to up to three similar businesses in the Commercial District as indicated in
the plans submitted on August 7, 2006 and as provided in the conditions below. Space
may be leased to future businesses without need for a separate special exception
subject to Condition #17 below.
2. Prior to commencing construction of the building, the applicant shall secure all
necessary local, state, and federal permits and approvals, including but not limited to a
Town Building Permit, County Sanitary Permit, and any other required permits from
the Wisconsin Department of Natural Resources or Department of Commerce.
3. Prior to commencing construction, silt fence shall be installed around the perimeter of
the construction site in accordance with the erosion control plan. During construction,
the smallest amount of bare ground shall be exposed for as short a time as possible,
19
and temporary ground cover such as mulch shall be used. Upon completion of
construction, the site shall be restored with permanent groundcover as soon as
practicable. The applicant shall not use phosphorous fertilizers to establish and
maintain vegetation on the disturbed areas of the site, unless a soil test confirms that
phosphorous is needed.
4. Prior to commencing construction, the applicant shall submit to and have approved by
the Zoning Administrator a revised site plan showing 16 additional parking stalls and
all driving and parking surfaces as paved. The applicant shall maintain a minimum of
39 paved parking spaces. The applicant shall be responsible for maintaining adequate
off - street parking for all future businesses as deemed appropriate by the Zoning
Administrator throughout the duration of the operation. Any additional paved parking
must be provided prior to occupancy by the tenants.
5. Prior to commencing construction, the applicant must submit a financial guarantee
equal to 120% of approved construction estimates in favor of St. Croix County, to be
held by the Planning and Zoning Department to ensure the proper installation of the
paved parking and driving surfaces, the establishment of permanent vegetation on all
disturbed areas; and the implementation of the landscaping plan approved as part of
this application. The initial financial guarantee period shall be for a minimum of one
year and shall automatically renew until the County releases any or all of the financial
guarantees. The financial guarantee shall be submitted as follows:
• Written estimates must be submitted to the Zoning Administrator for review and
approval.
• No construction, including earth moving, shall take place prior to approval of the
financial guarantees.
• The applicant shall have the engineer submit proof that the plans were installed as
approved. This document can be submitted in the form of an as -built or other
document that County staff can review to ensure the plans were installed in
accordance with the original design (see Condition #9).
• Upon substantial completion of all required improvements, the applicant shall
notify the Zoning Administrator of the completion of the improvements in writing.
The Zoning Administrator, in consultation with appropriate experts, shall inspect
the improvements.
• The County may retain a portion of the guarantee for a period not to exceed two
years after final acceptance of an improvement to ensure the project has been
stabilized, this amount is not to exceed 15% of the cost of the improvement.
6. Prior to commencing construction, the applicant shall record an affidavit against the
property referencing the Board of Adjustment decision dated September 28, 2006 (File
#SE0097) and submit a copy to the Zoning Administrator. The purpose of this
condition is to alert all future property owners that they must contact the Zoning
Administrator to ensure that their proposed use of the property complies with all
Ordinance requirements and conditions of this permit, as well as to alert them of the
responsibilities associated with the property and the limitations incurred as a result of
this decision (see Condition #17).
7. All lease agreements shall reference the Board of Adjustment decision dated
September 28, 2006 (File #SE0097) and copies shall be submitted to the Zoning
Administrator. The purpose of this condition is to alert all tenants of the
20
responsibilities associated with their use as well as the limitations incurred as a result
of this decision. The applicant and any future property owners shall be responsible for
ensuring that all tenants comply with the conditions of this decision. Continued failure
to comply will be handled as a zoning violation and appropriate enforcement action
will be taken, including possible revocation of this permit (see Condition 417).
8. The applicant shall work with the developer of CM & E Business Park to implement
the landscaping plan and address all drainage and erosion problems on Lot 2. The
developer has financial responsibility to comply with the approved plans for the
business park, but he will need the cooperation of the applicant as the current
landowner.
9. Within 30 days of substantially completing construction of the entire project, the
applicant shall submit to the Zoning Administrator photos of the site and certification
from the project engineer that the completed building, paved parking and driving
surfaces, storm water management measures, signs, lights, and landscaping have been
constructed and installed as approved.
10. The building shall be earth tone in color.
11. Signage shall not exceed a total of four canopy signs on the building not to exceed 25
square feet each and one entrance sign of no more than 100 square feet. All signs shall
comply with the general sign standards in Section 17.65(2) of the Ordinance.
12. All lights 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.
13. Hours of operation for all businesses shall not extend beyond 6 AM — 9 PM Monday —
Saturday.
14. The building and property shall be maintained in a neat and orderly manner.
15. Any vehicle maintenance that is done on -site must be done on an impervious and
properly contained surface.
16. The applicant shall contact the Zoning Administrator to review this special exception
permit in two years from the approval date (September 2008) for compliance with the
conditions of this approval. These conditions may be amended or additional conditions
may be added to address complaints or if unanticipated circumstances that would
affect the health, safety, or general welfare 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.
17. Any change in ownership, management, or tenants shall require prior notification to
the Zoning Administrator. The new owner, manager, or tenants shall submit to and
have approved by the Zoning Administrator a signed statement indicating
understanding and acceptance of the terms of the special exception permit, as well as a
plan of operations to ensure that all Ordinance requirements and conditions of this
permit are met. Any change in the use of the property; change in the building or
21
facilities; or changes to the current project details — including but not limited to
expansion, signage, landscaping, or lot /access changes — shall also require prior
review and approval by the Zoning Administrator to ensure that all Ordinance
requirements and conditions of this permit are met. The Zoning Administrator may
detennine that special exception approval is necessary.
18. The applicants shall have one (1) year from the issuance of the special exception
permit to commence construction of the building and related facilities and two (2)
years from the issuance to substantially complete construction. 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 pen
19. Accepting this decision means that the applicant and all tenants have read, understand,
and agree to all conditions of this decision.
The following vote was taken to approve: Nelson, yes; Zoerb, yes; Chairperson Malick, yes.
Luckey and Struemke were not present.
David and Kathy DeGear - Special Exception
Motion by Zoerb, second by Nelson to approve the special exception request for filling and
grading within the Shoreland District of Brushy Mound Lake based on the following findings:
1. The applicants are David and Kathy DeGear, property owners, 1022 W Ridge Court,
New Richmond, WI 54017.
2. The site is located in the SW' /4 of the SE' /4 of Section 12, T30N, R18W, 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 the
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.
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6. The Town of Richmond supports approval of this 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 a
storm water operation and maintenance plan 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 erosion control measures be sufficient to
prevent sediment deposits into Brushy Mound Lake consistent with state regulations, and
that vegetation disturbance within the OWHM setback be minimized to the maximum
extent practicable.
With the following conditions:
1. This special exception permit allows the applicants to disturb approximately 31,692
square feet of land in the Shoreland District of Brushy Mound Lake to construct a
residence and attached garage and install a septic system and driveway as indicated in the
plans submitted on August 7, 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, and 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
August 7, 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
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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 an affidavit
against the property referencing the grading/storm water management plan and an
operation and maintenance agreement for the rain gardens. The applicants shall provide
recorded copies of the affidavit and operation and maintenance agreement 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.
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, as well as photographs of the property as viewed from
all angles, including from the lake.
7. Existing native grasses, shrubs, and trees within the 75 -foot OHWM setback shall be
maintained and supplemented with additional native plantings 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 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.
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 applicants, 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 all owners of the property have
read, understand, and agree to all conditions of this decision.
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The following vote was taken to approve: Nelson, yes; Zoerb, yes; Chairperson Malick, yes.
Luckey and Struemke were not present.
Shaun Bird- Variance Request
Motion by Zoerb, second by Nelson to approve the variance requests for a residence to
encroach within the setback of an access road and the driveway spacing requirements based
on the following findings:
1. The applicant is Shaun Bird, 1008 192 Avenue, New Richmond, WI 54017.
2. The site is located in the SE 1 /4 of the SW t /4, all in Section 33, T3 IN, R16W, Town of
Cylon, St. Croix County, WI
3. The Town of Cylon has recommended denial of these requests but has given no reason.
4. The St. Croix County Highway Department does not object to the variance request for
encroachment into the alley setback, and prefers that the driveway be located off of 224 ''
Street. The Department supports deviating from separation standards as allowed by the
Ordinance for previously platted properties.
Item #1:
The Board makes the following findings of fact and conclusions of law pertinent to Item #1:
5. The applicant filed an application with the Board of Adjustment for a variance for a
residence to encroach within the setback of an access road pursuant to Section 17.60 6.a.
of the St. Croix County Zoning Ordinance.
6. Single - family residences are permitted uses in the Ag Residential District.
7. The proposed residence will meet all other setback and dimensional standards of the
Ordinance. The applicant testified that the proposed construction will not infringe on
Xcel Energy's rights.
S. The encroachment of the proposed residence will not be contrary to the public interest.
The primary public purposes of road setbacks are to protect the health, safety, and
welfare of property owners and citizens traveling on roads in the County. These public
purposes will not be undermined because the alley is not improved with roadway
surface or used for access to any of the abutting lots, the majority of which are already
developed and have existing access from County Highway O. The entire alley right -
of -way is planted with grass and a power line runs through the length of it. A septic
system from an adjacent lot to the south is also located partially within the alley. Due
to these factors, it is unlikely that the right -of -way will be developed with a roadway
surface or used for access to any adjacent lots in the future.
9. Literal enforcement of the provisions of the Ordinance would create an unnecessary
hardship due to the triangular configuration of the property and the property's location
adjacent to the intersection of 182 Avenue and 224 Street and an undeveloped
alley, resulting in the property having no compliant building envelope that can meet
all three setbacks. These site limitations are unique to the property and not self - created
by any actions of the property owner.
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10. The spirit and intent of the Ordinance would be met by granting this request for a
variance, and substantial justice would be done by allowing a single - family residence
on the property, which is a permitted use in the Ag Residential District and is
consistent with the uses and existing development on adjacent lots. Furthermore, the
proposed residence is of modest size and will be located in the most suitable location
on the property. Its location within the setback from the alley right -of -way will not
impede access to or pose safety concerns for adjacent lots, and will meet the side yard
and rear yard setback requirements in the event that the alley is ever abandoned in the
future.
Item #2:
The Board makes the following findings of fact and conclusions of law pertinent to Item #2:
11. The applicant filed an application with the Board of Adjustment for a variance to the
driveway spacing requirements pursuant to Section 17.60 7.d.4) of the St. Croix
County Zoning Ordinance.
12. With conditions to locate the driveway access off of 224' Street as deemed
appropriate by the Zoning Administrator and St. Croix County Highway Department,
the driveway does not require a variance pursuant to Section 17.60 7.d.9) of the St.
Croix County Zoning Ordinance.
With the following conditions:
1. This variance approval allows the applicant to construct the proposed residence two
feet from the alley right -of -way and install the driveway access from 224` Street in
accordance with the site plan submitted on August 9, 2006, and as provided in the
conditions below. Approval does not include any additional structural encroachment
upon 182 Avenue, 224 "' Street, or the alley right -of -way. Any future structures -
including but not limited to a garage, shed, deck, or porch — shall require a separate
variance.
2. Prior to commencing construction, the applicant shall secure all necessary permits
from the Town of Cylon and obtain any other required local, state, or federal permits
and approvals.
3. Prior to commencing construction, the applicant shall install erosion control measures
according to the Wisconsin Construction Site Best Management Practice Handbook.
The applicant shall establish permanent groundcover on all disturbed areas
immediately upon completion of construction.
4. Prior to commencing construction, the applicant must submit a CSM to the Planning and
Zoning Department to combine all three lots into one lot. The applicant shall submit a
recorded copy of the CSM to the Zoning Administrator as soon as it is approved and
recorded with the Register of Deeds.
5. Prior to commencing construction, the applicant must record an affidavit against the
property referencing this variance decision. The applicant shall submit a recorded copy of
the affidavit to the Zoning Administrator at this time. The intent is to make future owners
aware of the limitations and responsibilities incurred as part of the Board of Adjustment's
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4
` decision.
6. Prior to commencing construction, the applicant shall provide documentation from
Excel Energy verifying that their rights will not be infringed by the proposed
construction.
7. Within 30 days of completing construction, the applicant shall submit to the Zoning
Administrator verification that the residence and driveway have been constructed as
approved, as well as photographs of the completed construction.
8. The entire property, including but not limited to the residence, shall be maintained in a
neat and orderly manner.
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
making the change or addition. Any major change or addition to the originally
approved plan will have to go through the variance approval process.
10. The applicant shall have one (1) year from the approval of this variance to commence
construction and (2) years to substantially complete construction. Failure to do so
shall result in expiration of the variance. If the variance expires before construction
commences and the applicant has not made a prior request to the Zoning
Administrator for an extension of up to six months, the applicant will be required to
secure a new variance before starting or completing the project.
11. 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.
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; Zoerb, yes; Chairperson Malick, yes.
Luckey and Struemke were not present.
I
Nelson moved to approve the August 24"', minutes. Seconded by Malick. Motion carried.
Respectfully submitted,
Sue Nelson, Secretary Becky Egg n, R64ding Secretary
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