HomeMy WebLinkAboutBoard of Adjustment 10-26-06 ST. CROIX COUNTY BOARD OF ADJUSTMENT
Thursday, October 26, 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: November 30, 2006
E. HEARINGS - See Attached
F. UNFINISHED 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.
G NEW BUSINESS
1. Reconsideration of Alice, Inc., SE0064.
2. Set December Meeting Date
3. 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: October 9, 2006
COPIES TO: County Board Office County Clerk
Board Members News Media/Notice Board
* CANCELLATIONS /CHANGES /ADDITIONS
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, October 26, 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: Town of Star Prairie
LOCATION: SE '/< of the NW '/4, Section 21, T3 IN, R1 8W, Town of Star Prairie
ADDRESS: County Road C
REQUEST: Special exception request to construct a town hall in the Ag Residential District
pursuant to Section 17.15(6)(u) of the St. Croix County Zoning Ordinance.
2. APPLICANTS: Micabren Acres, LLS
LOCATION: NE' /4 of the NW '/4, Section 34, T30N, R18W, Town of Richmond
ADDRESS: 1221 130" Avenue
REQUEST: Item #1: Special exception request to operate a horse boarding, training, and breeding
facility 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.
VARIANCES
3. APPLICANTS: Kerrick Family Partnership
LOCATION: SW '/4 of the SW '/4, Section 28, T30N, R19W, Town of St. Joseph
ADDRESS: 502 Perch Lake Road
REQUEST: Variance to construct an addition that encroaches into the road setback on a
nonconforming principal structure in the Shoreland District of Perch Lake pursuant to
Section 17.60 6.a of the St. Croix County Zoning Ordinance.
4. APPLICANT: Chris and Katie House
LOCATION: NW ' / 4 of the SE ' / 4, Section 17, T3 IN, RI 8W, Town of Star Prairie
ADDRESS: 958 Brave Drive
REQUEST: Item #1: Variance to construct a house and garage that encroaches into the road
setback in the Shoreland District of Bass Lake pursuant to Section to operate a horse
boarding, training, and breeding facility pursuant to 17.60 6.a of the St. Croix County
Zoning Ordinance.
All interested persons are invited to attend said hearing and be heard. Additional information may be obtained
from the St. Croix County Planning and Zoning Department, Hudson, Wisconsin at (715) 386 -4680.
Clarence W. Malick, Chairperson
St. Croix County Board of Adjustment
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
October 26, 2006
The meeting was called to order by Chairperson Buck Malick at 8:30 a.m. A roll call
was made. Chairperson Buck Malick, Linda Luckey, Sue Nelson, and Jan Zoerb were
present. Charles Struemke was 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 is scheduled for November 30 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.
Application #1• Town of Star Prairie — Special Exception Request
The Town of Star Prairie requested a special exception permit to construct a new town
hall in the Ag Residential District on the corner of County Highway C and Cook Drive in
the Town of Star Prairie.
Staff presented the application and staff report. The St. Croix County Land and Water
Conservation Department reviewed the plans and found the storm water management
plan to be more than adequate. They recommended that erosion control practices be
applied to the project (Exhibit 6). The St. Croix County Highway Department informed
staff that they did not have any concerns with the request provided access remained from
Cook Drive. Based on the findings of fact and conclusions of law, staff recommended
approval with conditions.
Doug Rivard, Star Prairie Town Chairman, signed an oath and spoke in favor of the
request. He stated that the Town of Star Prairie is really expanding and the current town
hall is not big enough or handicap accessible. With seven deputies living in the Star
Prairie area, the new building would have an office area where the deputies could report.
Rivard indicated the town meeting room will accommodate 160 people. There is the
option of parking on the grass near the proposed tractor storage shed and on Cook drive if
there is a need for overflow parking. All storm water ponds will be fenced in if needed.
The ball fields will not have any lights since it will be for little league games that are
done by 9:00 p.m. No hours have been discussed thus far for the playground area. The
building will be available to rent for birthday parties, meetings, etc. Rivard also testified
that there will be no liquor on the premises.
No one testified in opposition.
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Application #2: Micabren Acres, LLC — Special Exception Request
The applicant requested special exception permits for an equestrian center, Micabren
Acres (Item #1), and to exceed one animal unit per acre up to a total of 175 horses (Item
#2) in the Ag Residential District in the Town of Richmond.
Staff presented the application and staff report. The Town of Richmond recommended
approval of the requests. St. Croix County Land and Water Conservation Department
recommended that the applicant supply: documentation of his manure rights on the 450
adjacent acres; documentation that manure management will be in compliance with the
standards in NRCS 313, NRCS 590, and NR 151; a deadline for stabilizing the site after
construction; and that the applicant maintain two feet of freeboard in the proposed fishing
ponds for storm water storage. St. Croix County Highway Department informed staff
that they did not have any concerns. The Wisconsin Department of Transportation
verified that traffic expected to be generated from the proposed use should have a
minimal impact on the 130 Avenue and STH 65 intersection and is not a concern of the
Department. Based on the findings of fact and the conclusions of law, staff recommended
approval of both special exception requests with conditions.
Michael Fiest, property owner, signed an oath and spoke in favor of the request. Fiest
would like a special exception for 175 horses and 50 head of cattle rather than 125 horses
as stated in the staff report. The property was an old farming facility and Fiest is
remodeling the existing buildings. He would like this facility to serve as a community
center to the Riding Meadows subdivision, and it would be open to the public. All the
hay will be brought in and stored in the loft of the barn. Fiest will use dumpsters for
manure that will be taken to a compost site and recycled. The dumpsters will be picked
up every two weeks. The horses will be let out every day from the barn, and 15 horses
will be outside at all times with a shelter to go into. On the site, Fiest plans to work on
business vehicles only (skid steers /lawnmowers, etc.). There will be no fuel storage on
the premises since it is all natural gas. The lights that will be on outside will be off by
10:00 p.m. every night. There will be parking for 40 big trucks and horse trailers. Fiest
would like to keep the parking lot Class 5 gravel since asphalt would get torn up by the
heavy vehicles and equipment. All ponds have a 3 5 -foot easement with a fence 54 inches
high with 6 '/2 inches between the rails for safety. The riding trails and walking trails are
two different paths.
Pat Van Dyk, adjoining property owner, signed an oath. She is concerned with odors
from manure that will be stored in a dumpster. She is also concerned with the field
access driveway being on top of a hill.
Application # 3• Kerrick Family Partnership — Variance Request
The applicants requested a variance to construct an addition onto an existing
nonconforming principal structure in the Shoreland District of Perch Lake in the Town of
St. Joseph.
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Staff presented the application and staff report. The Town Board of St. Joseph will be
reviewing this request at its November 2 nd meeting. (Exhibit 9) The Planning
Commission recommended approval with the following conditions: 1) proper storm water
management control, 2) erosion control, 3) landscape plans, and 4) the Plan Commission
noticed problems on site visit that the septic system was failing and bubbling out of the
ground. The St. Croix County Land and Water Conservation Department reviewed the
plans and recommends that the applicants incorporate erosion control practices on the
site. Wisconsin Department of Natural Resources verified that a Chapter 30 permit is not
needed for this project and recommended that the concentrated flow of storm water
runoff from the additional impervious coverage be addressed to protect the water quality
of the lake. They also outlined the state shoreland standards regarding the expansion of
nonconforming structures with respect to the 50 percent limit, which are intended to
minimize the impacts of nonconforming structures over time, while allowing for minor
improvements. Based on the findings of fact and conclusion of law, staff recommended
approval of the variance with conditions.
Reed Robinson, the applicants' architect, signed an oath and spoke in favor of the
request. The septic system is going to be replaced; bids have been received and will be
reviewed for replacement. The Kerrick's have a family member that is wheelchair bound
so accessibility is needed. Currently there is only a small kitchen, bathroom, bedroom,
and small eating area on the lower level.
No one testified in opposition.
Application # 4: Chris and Katie House — Variance Request
The applicants requested a variance to construct a house and attached garage within the
road setback of Brave Drive in the Town of Star Prairie.
Staff presented the application and staff report. The Town of Star Prairie recommended
approval of the request. (Exhibit 8) The Squaw Lake Management District was not
opposed to granting the variance request on the road setback as requested. (Exhibit 7)
The St. Croix County Land and Water Conservation Department found that the storm
water management and erosion control plans to be adequate and recommended limiting
phosphorous fertilizers on the site and recording an operation and maintenance plan for
the rain gardens against the property. The Wisconsin Department of Natural Resources
verified that a Chapter 30 permit is not required and that increasing the setback from the
OHWM and diverting runoff to rain gardens is a desired approach for limiting the impact
of construction adjacent to a navigable body of water. Based on the findings of fact and
conclusion of law, staff recommended approval with conditions.
Chris House signed an oath and spoke in favor of the request. House clarified that Brave
Drive is a dead end and the only traffic is for — 20 local neighbors.
Doug Rivard, Town Chairman, stated that the Planning Commission approved the
variance request. He would rather have the impact on the road rather than the lake.
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No one testified in opposition.
The Board recessed at 10:35 a.m. The Board reconvened at 10:50 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. Luckey seconded the motion. A roll call vote was
taken; Chairperson Malick, yes; Sue Nelson, yes; Jan Zoerb, yes; Linda Luckey, yes.
Charles Struemke was not present.
The Board reconvened into open session at 11:35 a.m.
Motion by Nelson, second by Zoerb to suspend the Board's By -Laws and reconsider
Alice, Inc. Motion carried unanimously.
Motion by Nelson, second by Malick to approve the September 28, 2006 minutes.
Motion carried. Luckey abstained from the vote because she was not present at the
hearing.
The Board recessed at 11:45 a.m. for lunch and site visits. The Board reconvened at 3:00
p.m.
DECISONS
After hearing the testimony for special exceptions and variances, reviewing the material
in the record and conducting site visits, the Board rendered the following decisions:
Town of Star Prairie — Special Exception
Motion by Nelson, second by Zoerb to approve the special exception request to construct
a new town hall in the Ag Residential District based on the following findings:
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I . The applicant is the Town of Star Prairie, property owner.
2. The site is located at the intersection of County Highway C and Cook Drive in SE 1 /
of the NW % of Section 21, T31N, RI 8W, Town of Star Prairie, St. Croix County,
Wisconsin.
3. The applicant filed with the Planning and Zoning Department an application for a
special exception permit to construct a new town hall, tractor storage shed, and
community park in the Ag Residential District pursuant to Section 17.15(6)(u) of
the St. Croix County Zoning Ordinance.
4. This request would not violate the spirit or general intent of the St. Croix County
Zoning Ordinance in that a town hall, tractor storage shed, and Community Park
is a reasonable and appropriate use in the Ag Residential District, which the
property is currently zoned. Its location adjacent to County Highway C and to the
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Circle C residential subdivision makes it accessible to existing residential
properties, as well as to future residential growth that may occur in the area. The
town hall and community park will also provide the area with a gathering place
for family activities.
5. With conditions for erosion control, implementing the storm water plan, and
ensuring the safety of children and families using the park by limiting access to
County Highway C and to the storm water ponds, this request would not
negatively impact the health, safety, or welfare of the public, nor would it be
substantially adverse to property values for nearby residences since negative
impacts will be mitigated. Traffic will be predominantly during off -peak travel
times and is not expected to have a detrimental impact on the local road system.
6. With conditions for shielding light sources from adjacent properties, planting
additional native trees and shrubs to screen and buffer noise from adjacent
residential properties, and limiting the times of rentals and special events at the
town hall and the community park, this request would not constitute a nuisance.
7. Based on the testimony given by the Town Chair that the Town meeting room
will accommodate 160 seats, the applicants will provide an adequate number of
off - street paved parking stalls to meet the standards in Section 17.57 of the St.
Croix County Zoning Ordinance.
8. The proposed buildings and driveway entrance meet required road setbacks from
County Highway C and Cook Drive pursuant to Section 17.60 6.a. of the St. Croix
County Zoning Ordinance.
9. The proposed sign is appropriately sized and designed for the proposed use and
location. With a condition to increase the setback from the ROW of County
Highway C to at least 10 feet, the sign will meet the general sign standards
pursuant to Section 17.65(2) of the St. Croix County Zoning Ordinance.
10. The Town of Star Prairie is the applicant and as such has not submitted a
recommendation.
11. The St. Croix County Land and Water Conservation Department finds the storm
water management plan to be more than adequate and recommends that erosion
control practices be applied to the project.
12. The St. Croix County Highway Department has no concerns provided access to
the site is from Cook Drive.
With the following conditions:
1. This special exception permit is for the Town of Star Prairie, property owner and
applicant, to construct a new town hall, tractor storage shed, and community park in
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the Ag Residential District in the Town of Star Prairie in accordance with the
plans submitted on September 5, 2006 and the revised plans submitted on
September 15, 2006, and as provided in the conditions below. Approval for this
special exception permit does not include any additional structures, impervious
coverage, or other activities.
2. The applicant shall be responsible for securing all necessary local, state, and
federal permits and approvals, including but not limited to a County Sanitary
Permit if one has not already been obtained.
3. Within 15 days of this approval, the applicant shall implement erosion control
measures as recommended in the Wisconsin Department of Commerce document
titled "Erosion Control for Homebuilders " and shall keep all stockpiles and
excavating activities within the grading limits for the project and out of drainage
ditches. Immediately upon completing construction, temporary ground cover shall
be used until permanent groundcover is established.
4. Within 30 days of this approval, the applicant must submit a compliance deposit
in good funds in the amount of $5,000 to be held by the Zoning Administrator
until the project has been completed and approved, at which time the deposit will
be refunded in full.
5. Within 30 days of this approval, 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 entire lot line to the north and east to better screen
the parking lot, buildings, and community park from adjacent residential
properties. The landscaping plan shall be implemented no later than June 30,
2007, and the buffer shall attain at least 80% opacity at maturity.
6. Within 30 days of completing construction, the applicant must record an affidavit
against the property referencing this special exception decision as well as the
storm water management plan and an operation and maintenance agreement for
the storm water ponds, and provide a recorded copy to the Zoning Administrator.
The intent is to make future Town Board members and /or future property owners
aware of the responsibilities associated with the plans as well as the limitations
incurred as a result of the plans.
7. The applicant must provide 48 paved parking stalls for the town hall and
community park in accordance with the plans submitted. The applicant shall be
responsible for maintaining adequate off - street parking throughout the duration of
the operation.
8. The applicant shall be responsible for providing a barrier between the children's
playground area and County Highway C, as well as from the storm water ponds.
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9. The proposed sign must be located a minimum of 10 feet from the ROW of
County Highway C and Cook Drive, and the lighting shall be designed to prevent
glare onto adjacent properties. All general standards in the St. Croix County
Signage Ordinance shall be strictly adhered to. Any change or addition in on -site
signage requires prior approval by the Zoning Administrator, who may determine
that approval from the Board of Adjustment is needed.
10. All lights on the site and on buildings must be downward directed and shielded
away from neighboring properties to prevent glare. Only lights on the building or
building overhangs at a level not to exceed the height of the lowest eaves may be
left on overnight for security purposes. Pole lights in the parking lot shall only be
on during the hours of town meetings and special events.
11. General hours of operation for the town hall and park hours shall not extend
beyond 8:00 AM and 10:00 PM, with occasional extended hours for the annual
meeting and special events such as voting.
12. Upon complaints of regularly occurring, excessively loud noise at any time, the
applicant shall work with the Zoning Administrator to abate the noise problem. In
the event that the matter cannot be resolved administratively, the applicants shall
take the matter before the Board of Adjustment at a public hearing.
13. The property shall be maintained in a neat and orderly manner.
14. Within six months of completing construction of the entire project, the applicant
shall submit to the Zoning Administrator photos of all completed buildings,
playground facilities, parking areas, storm water infiltration ponds, signs, lights,
and landscaping, and certification from the project engineer that everything has
been constructed as designed and as approved by the Board.
15. The applicant shall contact the Zoning Administrator to review this special
exception permit in two years from the approval date (October 2008) for
compliance with the conditions of this approval. These conditions may be
amended or additional conditions may be added if unanticipated circumstances
arise that would affect the health and /or safety of citizens or degrade the natural
resources of St. Croix County. Conditions will not be amended or added without
notice to the applicant and an opportunity for a hearing.
16. Any change in ownership of the property or change in project details — including
but not limited to expansion, signage, landscaping, or lot/access changes — shall
require prior review and approval by the Zoning Administrator and in some
circumstances through the special exception approval process as stated in the
Ordinance.
17. The applicant shall have two (2) years from the approval of this special exception
permit to complete the project. Failure to comply with the conditions of this
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approval within the timeframes stipulated shall be grounds for revocation. If the
special exception permit is revoked, the applicant will be required to secure a new
special exception permit to continue the operation.
18. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
Vote carried unanimously.
The Board spoke to students from UW River Falls. The students are working on a
project to modify the Board of Adjustment's By -laws. The students will report to the
November 30 meeting to give the Board an update on the project.
Michael Feist, Micabren Acres, LLC and Riding Meadows, LLC property owner —
Special Exception
Motion by Zoerb, second by Nelson to approve the special exception requests of an
equestrian center and to exceed one animal unit per acre based on the following findings:
1. The applicants are Michael Feist, Micabren Acres, LLC and Riding Meadows,
LLC.
2. The approximately 40 -acre site is located on Lots 18, 19, and 20 of the Riding
Meadows North subdivision in the NW '/ of the NW '/ of Section 34, T30N,
R18W, Town of Richmond, St. Croix County, Wl.
3. The applicant's property is zoned Ag Residential and is adjacent to Riding
Meadows North, a recently approved residential subdivision that was designed for
and is being marketed to horse enthusiasts as an "equestrian neighborhood."
4. The Town of Richmond recommends approval of these special exception
requests.
5. The Land and Water Conservation Department recommends that the applicant
supply documentation on the manure rights on 450 adjacent acres; documentation
that manure management will be in compliance with the standards in NRCS 313,
NRCS 590, and NR 151; a deadline for stabilizing the site after construction; and
that the applicant maintain two feet of freeboard in the proposed fishing ponds for
storm water storage.
6. The St. Croix County Highway Department has no concerns.
7. The Wisconsin Department of Transportation verified that traffic expected to be
generated from the proposed use should have minimal impact on the 130 and
Avenue/ STH 65 intersection and is not a concern of the Department.
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8. The site is approximately 40 -acres in size. According to the information and
testimony provided by the applicant, approximately 26 acres of the site will be
used for pasture and is suitable for waste utilization. The remainder of the site will
be occupied by buildings, driving surfaces, ponds, arenas, recreational areas, and
areas for the outdoor confinement of horses and cattle (including the cattle yard,
horse turn outs, round pens, and any similar areas).
Item #1:
The Board makes the following findings of fact and conclusions of law pertinent to Item
#l:
9. The applicant filed an application with the Board of Adjustment for a special
exception permit for an equestrian center in the Ag Residential District pursuant
to Section 17.15(6)(m) of the St. Croix County Zoning Ordinance.
10. The proposed equestrian center meets the criteria for a limited commercial
recreational activity pursuant to Section 17.15(6)(m) of the Ordinance since it is
subordinate to the primary agricultural use of the surrounding properties. It is not
likely to attract other related commercial uses because it is designed to meet the
needs of its boarders and clients. The site is connected to an adjacent residential
subdivision designed for horse enthusiasts and surrounded by agricultural fields.
It is not located directly on a major highway or commercial corridor. With
conditions regarding off - street parking, traffic, highway signs for horses - riding,
restricting horse - riding on neighboring private property, and providing a sufficient
sanitary system, it is possible to prevent negative impacts of this limited
commercial recreational use on adjacent residential properties.
11. The proposed equestrian center will not violate the spirit and intent of the
Ordinance. The Ag Residential District was created to establish areas within
which agricultural uses, commercial uses serving agriculture, limited commercial
and institutional uses, and residential uses may be located. The proposed
equestrian center will be located in close proximity to existing farms and
residences.
12. The proposed equestrian center 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. The equestrian center will provide many amenities to
future residents of the Riding Meadows North subdivision and the general public,
including but not limited to walking trails, horse riding trails, fishing ponds with
restricted access, playground equipment and sand volleyball courts, boarding and
pasturing of horses, events and activities for horse enthusiasts, white fencing, and
new buildings. With conditions for properly managing storm water run off,
ensuring that all vehicle maintenance will be conducted on an enclosed
impervious surface with no floor drains, and stabilizing the site after construction,
the proposed center will not contribute to runoff or cause erosion problems on
adjacent sites.
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13. With conditions for proper manure management, limiting the hours of activities
and noise on the site, paving all main driving surfaces, and restricting lighting, the
proposed equestrian center will not constitute a nuisance by reason of noise, dust,
smoke, odor or other similar factors. Future residents of the Riding Meadows
subdivision will be aware of the facilities before purchasing their property.
Additionally, the facilities will be partially screened from adjacent residential lots
by trees planted along the property line and several rows of white fencing.
14. The proposed equestrian center will meet several goals and objectives of the St.
Croix County Development Management Plan by diversifying the economy,
providing employment opportunities, and encouraging the development of
appropriate private recreational facilities.
The Board recessed at 5:05 p.m. The Board reconvened on 10/26/06 at 8:45 a.m.
Item #2:
The Board makes the following findings of fact and conclusions of law pertinent to Item
#2:
15. The applicant filed an application with the Board of Adjustment for a special
exception permit to exceed one animal unit per acre pursuant to Section
17.15(6)(0) of the St. Croix County Zoning Ordinance. According to the
testimony provided by the applicant, he is requesting to keep up to 175 horses and
50 cattle on the site (including foals and calves).
16. With conditions for properly managing manure in accordance with NRCS 313,
NRCS 590, NRCS 635, and NR 151 standards, this request:
• will not violate the spirit and intent of the Ordinance by minimizing the risk of
water pollution from excessive phosphorous and other nutrients entering
ground water and the local surface watershed,
• 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, and
• will not constitute a nuisance by reason of noise, dust, smoke, odor or other
similar factors, since manure will be stored and disposed of properly.
17. The existing horses and cattle on the site currently exceed one animal unit per
acre.
With the following conditions:
1. This special exception approval allows the applicants to operate an equestrian
center with boarding for up to 175 horses and 50 cattle (including foals and
calves) in accordance with the plans submitted on September 5, 2006, and as
provided in the conditions below. With prior approval from the Zoning
Administrator, additional horses may be allowed on the site for special events not
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to exceed a 24 -hour time period. This approval does not include any additional
animal units, uses, or activities.
2. The applicant shall also be responsible for obtaining any other necessary local,
state, or federal permits and approvals, including but not limited to County
Sanitary Permits for all proposed septic systems and any approvals required by
the Wisconsin Department of Natural Resources.
3. Within 30 days of this approval, the applicant shall record an affidavit against the
property referencing this special exception decision 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.
4. Within 30 days of this approval, the applicant shall post signs on his property in
Micabren Acres and Riding Meadows alerting riders not to trespass on
neighboring private properties.
5. Within 30 days of this approval, the applicant must submit a surety in the form of
a compliance deposit in good funds in the amount of $10,000 to be held by the
Zoning Administrator until the project has been completed and approved to be in
compliance with the conditions of this permit, at which time the deposit will be
refunded in full.
6. Within 60 days of this approval, the applicants shall submit to and have approved
by the Zoning Administrator documentation of the following items:
• The transfer of ownership from Riding Meadows, LLC to Micabren Acres,
LLC.
• A copy of a recorded Certified Survey Map combining existing lots 18, 19,
and 20 into one lot.
• Certification that the current manure stack has been brought into compliance
with NRCS 313 standards.
7. Manure management shall comply with the conditions of this decision and be
consistent with NRCS 313, NRCS 590, NRCS 635, and NR 151 standards.
8. Of the 26 acres of pasture (including horse six horse pastures and one cattle
pasture), the applicant may keep one animal unit per acre at any given time only if
self - sustaining vegetation is maintained. All other areas used for the outdoor
confinement of horses and cattle (including the cattle yard, horse turn outs, round
pens, and any similar areas), must have all manure removed weekly in accordance
with Condition #9 below. No more than four horses are allowed p er turnout area
and no more than one horse is allowed per round pen as proposed by the
applicant. The applicant shall have 30 days to bring the existing operation into
compliance with this condition.
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9. All manure must be removed from indoor and outdoor confinement areas and
shall be stored in dumpsters and removed off -site in accordance with all
applicable laws and regulations. All dumpsters must be covered.
10. Within one year of this approval, the applicant shall fully stabilize the site with
permanent self - sustaining vegetation to address existing erosion problems on the
site.
11. Within 60 days of substantially completing construction, the applicant shall pave
all main driving surfaces and provide paved parking stalls for employees,
boarders, and spectators as deemed appropriate by the Zoning Administrator.
Horse trailers and trucks with horse trailers will be allowed to park on Class V
gravel or on grass. The applicant shall be responsible for maintaining adequate
off - street parking for all activities and events throughout the duration of the
operation. No overnight camping will be allowed as indicated by the applicant.
12. Besides the existing single - family residence, no other buildings on the property
shall be used as habitable structures.
13. The applicant shall maintain two feet of freeboard in the proposed fishing ponds
for storm water storage
14. Hours of operation, other than for normal facility maintenance and animal
husbandry, shall not extend beyond the hours of 8:00 AM - 10:00 PM.
15. 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.
16. Signage shall not exceed the two existing stone landscaping signs and one main
double -sided 32 square foot entrance sign. All signs shall comply with the general
sign standards in Section 17.65(2) of the Ordinance.
17. All lights must be downward directed and shielded away from neighboring
properties to prevent glare. Only lights on the buildings or building overhangs at a
level not to exceed the height of the lowest eaves may be left on overnight for
security purposes.
18. On -site retail sales shall be limited to horse supplies and tack for the clientele of
the equestrian operation. Food service shall be limited to concessions at special
events.
19. All on -site vehicle maintenance shall be conducted on an enclosed impervious
surface with no floor drains.
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20. Any minor change (or addition) in expansion of the facilities, including but not
limited to building additions, new signage, hours of operation, or a 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.
21. Failure to comply with the conditions of this approval within the timeframes
stipulated shall be grounds for revocation and forfeiture of the sureties. If the
special exception permit is revoked, the applicant will be required to secure a new
special exception permit to continue the business operation.
22. The applicant shall contact the Zoning Administrator to review this special
exception permit annually (October 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.
23. 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 additional
special exception approval is necessary.
24. 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.
25. 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, no.
The Board recessed at 9:48 a.m. The Board reconvened at 9:55 a.m.
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Chris and Katie House — Variance Request
Motion by Zoerb, second by Nelson to approve the variance request to construct a house
and attached garage within the road setback of Brave Drive in the Town of Star Prairie
based on the following findings:
1. The applicants are Chris and Katie House, property owners.
2. The site is located in the NW '/ of the SE '/, Section 17, T3 IN, R18W, Town of
Star Prairie, St. Croix County, WI.
3. The applicants filed an application with the Board of Adjustment for a variance to
construct a house and attached garage that encroaches within the road setback of
Brave Drive on their lot in the Shoreland District of Squaw Lake pursuant to
Section 17.60 6.a. of the St. Croix County Zoning Ordinance.
4. Single - family residences are permitted uses in the Ag Residential and Shoreland
Districts.
5. The proposed structure will encroach approximately 25 feet within the road
setback of Brave Drive, but will meet all other setback and dimensional standards
of the Ordinance, including the OHWM setback.
6. The filling and grading required to construct the proposed structure is less than
10,000 square feet in area on slopes less than 20 percent and does not require a
special exception permit or variance.
7. Squaw Lake is on the 303D list of impaired waters of the State of Wisconsin. The
applicants' lot is adjacent to Sensitive Area #5 as designated by the Wisconsin
Department of Natural Resources in its October 11, 2004 report titled,
Designation of Sensitive Areas of Squaw Lake, St. Croix County.
8. The encroachment of the proposed construction 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. Brave Drive is a flat, low speed, narrow gravel road with minimal traffic
serving approximately 20 residential lots. Brave Drive has little potential to be
improved or connected to other roads in the future as a "subcollector" road.
Additionally, the proposed construction will be buffered from the road by a dense
stand of existing trees, which will be maintained during and after construction.
Due to these factors, it is unlikely that the proposed construction will pose a
traffic safety risk.
9. Literal enforcement of the provisions of the Ordinance would create an
unnecessary hardship due to the unique physical characteristics of the property
due to the fact that the lot does not have a compliant building location. Steep
slopes over 25 percent exist over approximately half of the lot; therefore, the lot
cannot be built on without a variance for either encroaching into the road setback
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or for disturbing steep slopes. These site limitations are unique to the property and
not self - created by any actions of the property owners. Properties in the
immediate area do not share these same physical characteristics.
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 and
Shoreland Districts and is consistent with the uses and existing development on
adjacent lots. The proposed construction will be located in the most suitable
location on the property. It exceeds the OHWM setback and will not require the
disturbance of heavily wooded, steep slopes draining toward Squaw Lake.
Allowing the proposed structure within the setback of Brave Drive will have
fewer negative impacts on this sensitive and impaired lake.
11. The Town of Star Prairie recommends approval of this request.
12. The St. Croix County Land and Water Conservation Department finds the storm
water management and erosion control plans to be adequate and recommends
limiting phosphorous fertilizers on the site and recording an operation and
maintenance plan for the rain gardens against the property.
13. The Wisconsin Department of Natural Resources has verified that a Chapter 30
permit is not required for the proposed project, and that increasing the setback
from the OHWM and diverting runoff to rain gardens is a desired approach for
limiting the impact of construction adjacent to a navigable body of water.
14. The Squaw Lake Management District recommends approval of this request.
With the following conditions:
1. This variance allows the applicant to construct a house and attached garage that
encroaches 24.8 feet within the road setback of Brave Drive in the Shoreland
District of Squaw Lake in accordance with the site plan submitted on September
5, 2006, and as provided in the conditions below. Approval of this variance does
not include any additional structures, filling and grading, or other activities.
2. Prior to commencing construction, the applicant shall secure all necessary permits
from the Town of Star Prairie and obtain any other required local, state, or federal
permits and approvals, including but not limited to an updated County Sanitary
Permit.
3. Prior to commencing construction, the applicant shall install erosion control
measures in accordance with the plans submitted. During construction, the
smallest amount of bare ground shall be exposed for as short a time as possible.
The applicant shall establish permanent groundcover on all disturbed areas
immediately upon completion of construction. The applicants shall not use
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phosphorous fertilizers to establish and maintain a lawn on the disturbed area of
the site, unless a soil test confirms that phosphorous is needed.
4. Prior to commencing construction, the applicants must record an affidavit against
the property referencing this variance decision and an operation and maintenance
plan for the rain gardens. The applicant shall submit a recorded copy of the
affidavit and operation and maintenance plan 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 decision.
5. Prior to commencing construction, the applicant shall submit a compliance
deposit in the amount of $800 to be held by the Zoning Administrator until the
project has been completed and found to be in compliance with the conditions of
this permit, at which time the deposit will be refunded in full.
6. Within 30 days of completing construction, the applicants shall submit to the
Zoning Administrator photographs of the completed construction and certification
from the project engineer or architect that the construction has been completed as
approved.
7. The applicants shall maintain the current level of native tree, shrub, and
groundcover on the steep slopes draining toward the lake.
8. The applicants shall follow the recommendations for Squaw Lake Sensitive Area
#5 in the Wisconsin Department of Natural Resources report titled, Designation of
Sensitive Areas of Squaw Lake, St. Croix County.
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 applicants shall have one (1) year from the approval of this variance to
commence construction and (2) years from this approval to complete
construction. Failure to do so shall result in expiration of the variance. If the
variance expires before construction commences and the applicants have not
made a prior request to the Zoning Administrator for an extension of up to six
months, the applicants 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.
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12. Accepting this decision means that the applicants and all property owners have
read, understand, and agree to all conditions of this decision.
Motion carried unanimously.
Kerrick Family Partnership — Variance Request
Motion by Luckey, second by Zoerb to table the decision until the November 30`
meeting and request the following additional information from staff
Recommendation from the Town of St. Joseph Town Board.
• Verification on the Board's authority to require the removal of an existing accessory
structure that encroaches further into the road setback as a condition of approval.
Motion carried unanimously.
Malick closed the hearing and adjourned the meeting at 12:40 p.m. on Friday, October
27, 2006.
Respectfully submitted,
� _ a "t awfi-.
Sue Nelson, Secretary Becky Ehen,Udording Secretary
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