HomeMy WebLinkAboutBoard of Adjustment 12-28-06 ST. CROIX COUNTY BOARD OF ADJUSTMENT
Thursday, December 2e, 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: January 25, 2007
E. PUBLIC HEARINGS - See Public Notice (Attached)
F. UNFINISHED BUSINESS — Tabled on October 26, 2006
1. Kerrick Family Partnership - 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.
G NEW BUSINESS
1. Legal Update
2. Revision to Board of Adjustment By -Laws — Contested Case Hearings
3. Letter from the Land and Water Conservation Committee on Storm Water Standards
G. ANNOUNCEMENTS AND CORRESPONDENCE
I. ADJOURNMENT
(Agenda not necessarily presented in this order.)
SUBMITTED BY: St. Croix County Planning and Zoning Department
DATE: December 8, 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, December 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: St. Croix County Highway Department
LOCATION: SE %4 of the SE ' / 4 of Section 7, T3 IN, R16W, Town of Cylon
ADDRESS: State Highway 46 (South of the Village of Deer Park)
REQUEST: Special exception request to construct and operate a highway equipment and
materials storage facility in the Ag Residential District pursuant to Section
17.15(6)(u) of the St. Croix County Zoning Ordinance.
2. APPLICANTS: Riverside Ministry Center
LOCATION: NE' /4 of the SE' /4 of Section 5, T30N, R19W, Town of Somerset
ADDRESS: 427 County Highway VV
REQUEST: Special exception request to operate a church in the Commercial District pursuant
to Section 17.18(1)(a) of the St. Croix County Zoning Ordinance.
VARIANCE
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3. APPLICANTS: Alice, Inc.
LOCATION: SE' /4 of the SW' /4 of Section 31, T3 IN, RI 8W, Town of Star Prairie
ADDRESS: State Highway 35/64
REQUEST: Variance request for signs to exceed the required 35 -foot height limit pursuant to
Section 17.65(2)(1) of the St. Croix County Zoning Ordinance.
All interested persons are invited to attend said hearing and be heard. Additional information may be
obtained from the St. Croix County Planning and Zoning Department, Hudson, Wisconsin at (715) 386-
4680.
Clarence W. Malick, Chairperson
St. Croix County Board of Adjustment
ORIGINAL
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
December 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, Charles Struemke, Linda Luckey, and Sue Nelson
were present. Jan Zoerb was absent. Staff included: Jenny Shillcox, Zoning Specialist;
David Fodroczi, Planning and Zoning Director; Steve Olson, Land and Water
Conservation Department; and Becky Eggen, Recorder.
Staff assured the Board that this was a properly noticed meeting.
The next meeting for the Board is scheduled for January 25 2007 at 8:30 a.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.
Kerrick Family Partnership — (Tabled on October 26, 2006)
At the October 26, 2006 hearing, the Board of Adjustment tabled the applicant's variance
request to construct an addition onto an existing nonconforming principal structure in the
Shoreland District of Perch Lake in the Town of St. Joseph.
Staff presented the application and the staff report. According to the St. Croix County
Corporation Counsel, the Board of Adjustment can request but not require the removal of
an existing nonconforming accessory structure as a condition if the variance request is
approved. The Town Board of St. Joseph recommended approval of the variance. Based
on the findings of fact and conclusions of law, staff recommended approval with
conditions.
Reed Robinson, Architect for the Kerrick's, signed an oath and spoke in favor of the
request. Mr. Robinson verified that the Town did discuss a guard rail installed on Perch
Lake Road but was not carried forward.
No one testified in opposition.
Application #l: St. Croix County Highway Department — Special Exception Repuest
The St. Croix County Highway Department requested a special exception permit to
construct and operate a highway equipment and materials storage facility in the Ag
Residential District in the Town of Cylon.
Staff presented the application and the staff report. The Town of Cylon recommended
approval of the request. The St. Croix County Land and Water Conservation Department
reviewed the plans and recommended that the proposed storm water infiltration area be
constructed consistent with the Wisconsin Department of Natural Resources standards of
practice for infiltration basins. It was also recommended that there be verification the
bottom elevation of the proposed infiltration basin be five feet about groundwater and
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bedrock. Based on the findings of fact and conclusions of law, staff recommended
approval of this request with conditions.
Tim Ramberg, St. Croix County Highway Commissioner, signed an oath and spoke in
favor of the request. He clarified the Town of Cylon will not be using the building for
annual events and town meetings unless the Deer Park facility is unavailable. The Town
currently has an agreement with the village to use a building for annual events. This
building will be used by the Town of Cylon for storage of records. There has not been
any rent discussed between the Highway Department and the Town of Cylon. Mr.
Ramberg felt that the recording of an affidavit was unnecessary since they are a
governmental body. Mr. Ramberg indicated that there will be 2 -4 employees working out
of this shop currently with the possibility of expansion, and there will be no more than 1-
2 Town employees at the location at any given time.
Jeff Durkee, St. Croix County Highway Engineer, signed an oath and spoke in favor of
the request. He stated there will be vegetation planted in addition to the white pines that
were previously planted for screening.
No one testified in opposition.
Application #2: Riverside Ministries - Special Exception Reguest
The applicant requested a special exception permit to operate a church, Riverside
Ministries, in the Commercial District in the Town of Somerset. Specifically, the
applicant proposed to use an existing principal building and paved parking lot that had
previously been constructed and used by Ristow Trucking, Inc.
Staff presented the application and staff report. The Town of Somerset recommended
approval. St. Croix County Land and Water Conservation Department reviewed the
storm water management plan and found the storm water detention basin designed for the
site as part of the special exception permit for Ristow Trucking adequate for the proposed
facilities. They recommended the applicant install adequately sized rock to protect the
overflow weir, which the applicant has already done, and maintain adequate depth in the
detention basin as designed. It was also recommended that the applicant record an
operation and maintenance agreement for the storm water plan against the property, and
ensure that proper erosion control measures are used for any further land disturbing
activities. St. Croix County Highway Department had no concerns with this request.
Based on the findings of fact and conclusions of law, staff recommended approval of this
request with conditions.
No one testified in favor.
No one testified in opposition.
The Board recessed for a short break at 9:25 a.m.
The Board reconvened at 9:35 a.m.
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Application #3: Alice. Inc. — Variance Request
The applicants requested a variance to exceed the 35 -foot height requirement and 10 -foot
setback requirement for signs previously approved by the Board of Adjustment through
the special exception amendment and reconsideration processes. Specifically, the
applicants requested the following:
Sign #1: In the event that the applicants eventually construct Sign #1, they requested a
variance for a sign height of up to 40 feet above the average grade. Because Sign #1 will
be located on a steep slope, the applicants are not certain that the sign can meet the 35-
foot height requirement. Sign #1 will meet all setback requirements.
Sign #3_ The applicants requested a variance for a sign height up to 43 feet above the
average grade for Sign #3. This sign needs to be mounted on a 24 -foot pole to be tall
enough to allow for safe passage of buses, emergency vehicles, and other vehicles and
equipment using the nearby internal service road, and to be visible above the guardrail of
Highway 35/64, which is elevated adjacent to the sign.
Sign #4: The applicants requested a variance for a height of up to 40 feet above the
average grade for Sign # 4 to ensure that it is visible from the Highway C and Highway
35/64 interchange. Sign #4 will meet all setback requirements.
Staff presented the application and staff report. The Town of Star Prairie recommended
approval of this request. Wisconsin Department of Transportation had no concerns with
the requests. It was verified that the DOT does not have setback requirements from their
right -of -way; however, they encourage people to place signs at least one foot from the
right -of way to ensure that they are legal. Based on the revised findings of fact and
conclusions of law, staff recommended approval of the request with conditions.
Matt Biegert, attorney for Alice, Inc., signed an oath and spoke in favor of the request.
He clarified that Sign #1 is not at the exact crest of the hill; thus the reason for the
variance request. The Raleighs are still in hopes that Sign #1 will not be needed.
No one testified in opposition.
DECISIONS
The Board members decided that they did not need to visit the sites again for Kerrick
Family Partnership and Alice, Inc. since they had been out to visit them for previous
hearings. After hearing the testimony and reviewing the material in the record, the Board
rendered the following decisions:
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Kerrick Family Partnership — (Tabled on October 26, 2006)
Motion by Nelson, second by Struemke to approve the application as recommended by
staff based on the following findings:
1. The applicants are the Kerrick Family Partnership, property owners.
2. The site is located in the SW'/ of the SW/, Section 28, T30N, R19W, Town of
St. Joseph, St. Croix County, WI.
3. The applicants filed an application with the Board of Adjustment for a variance to
construct an addition that encroaches within the setback of Perch Lake Road on a
nonconforming principal structure located in the Shoreland District of Perch Lake
pursuant to Section 17.60 6.a. of the St. Croix County Zoning Ordinance.
4. Single- family residences and accessory structures are permitted uses in the Ag
Residential and Shoreland Districts.
5. The proposed addition will encroach 15 feet within the County's 50 -foot setback
of Perch Lake Road, but will meet all other setback and dimensional standards of
the Ordinance, including the OHWM setback.
6. The encroachment of the proposed addition will not be contrary to the public
interest. The primary public purpose of road setbacks is to protect the health,
safety, and welfare of property owners and citizens traveling on roads in the
County. The applicants currently have a legal nonconforming detached garage
that encroaches 41 feet into the road setback, and is located —27 feet from the
edge of the road surface. Near the applicant's property, the speed limit of Perch
Lake Road is only 15 mph. Immediately east of the applicants' property, the road
sharply curves around the lake and the road surface is only —10 from the shoreline
of the lake, so traffic in either direction must slow down near the applicants'
property either as it approaches the curve or as it is coming out of the curve.
According to the applicants, the St. Croix County Sheriff s Department does not
have any record of traffic accidents on this section of Perch Lake Road since
2000, and the applicants do not recall any accidents at the site in the past 40 years.
The existing cabin, proposed addition, and existing garage are also buffered from
the road by existing trees. Due to these factors, it is unlikely that the addition will
pose further traffic safety risks.
7. Literal enforcement of the provisions of the Ordinance would create an
unnecessary hardship due to the unique physical characteristics of the property.
The applicants' lot is located on a bay that is surrounded on two sides by water
resulting in a lot that cannot be built on without encroaching into the OHWM
setback and/or the road setback. These site limitations are unique to the property
and not self - created by any actions of the property owners. The proposed addition
within the road setback will provide the applicants with minimal relief from the
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standards in the Ordinance due to its small size and the fact that it will encroach
15 feet into the setback, which is only five feet more than the existing cabin.
8. The spirit and intent of the Ordinance would be met by granting this request, and
substantial justice would be done by allowing an addition to 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. Furthermore, the proposed addition is of modest size and located in
the most suitable location on the property. It meets the OHWM setback and
encroaches within the road setback only five feet more than the existing cabin. Its
location within the setback of Perch Lake Road will have fewer negative
environmental impacts than if the addition were located within the OHWM
setback.
9. Based on the information provided, the proposed addition appears to be consistent
with the State of Wisconsin's Shoreland standards regarding the expansion of
nonconforming principal structures to no more 50 percent of their present
equalized assessed value pursuant to NR 115 and as outlined in the Shoreland
Model Ordinance. The St. Croix County Zoning Ordinance does not specifically
address nonconforming structures in the Shoreland District.
10. With conditions for erosion control, storm water management, maintaining the
current level of trees and shrubs as a buffer between the proposed addition and
Perch Lake Road, and reestablishing native shoreline vegetation, negative impacts
of the addition can be mitigated.
11. The Town of St. Joseph recommends approval of this variance request.
12. The St. Croix County Land and Water Conservation Department recommends that
the applicants incorporate erosion control practices on the site.
13 —Thc Wisconsin Department of Natural Resources has verified that a Chapter 30
permit is not needed for this project and recommends that the concentrated flow
of storm water runoff from the additional impervious coverage be addressed to
protect the water quality of the lake. The Department also outlined the state
shoreland standards regarding the expansion of nonconforming structures with
respect to the 50 percent limit.
With the following conditions:
1. This variance allows the applicants to construct an addition that encroaches within
the road setback of Perch Lake Road on an existing nonconforming structure in
the Shoreland District of Perch Lake in accordance with the site plan submitted on
September 1, 2006, and as provided in the conditions below. Approval of this
variance does not include any additional structures, filling and grading, or other
activities.
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2. Prior to commencing construction, the applicants shall secure all necessary
permits and approvals from the Town of St. Joseph 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 applicants shall submit to the Zoning
Administrator elevation drawings of the addition as viewed from all directions.
The height of the addition shall not exceed the height of the existing principal
structure.
4. Prior to commencing construction, the applicants shall install erosion control
measures, including but not limited to a double row of silt fence, as recommended
by the Land and Water Conservation Department. During construction, the
smallest amount of bare ground shall be exposed for as short a time as possible.
The applicants shall establish permanent groundcover on all disturbed areas
immediately upon completion of construction. 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.
5. Prior to commencing construction, the applicants must submit to and have
approved by the Zoning Administrator a storm water management plan designed
to infiltrate runoff from the additional impervious coverage being added to the site
as recommended by the Wisconsin Department of Natural Resources.
6. Prior to commencing construction, the applicants must submit to and have
approved by the Zoning Administrator a landscaping plan featuring native trees,
shrubs, and groundcover within the 75 -foot OWHM setback area to substantially
screen the addition as viewed from the shoreline from all angles, to filter storm
water runoff and nutrients before entering the lake (see Condition #5 above), and
to provide additional wildlife habitat for shoreline animal species. As part of this
landscaping plan, the existing level of trees and. shrubs between the proposed
addition and Perch Lake Road shall also be maintained as a buffer for traffic
traveling on Perch Lake Road.
7. Prior to commencing construction, the applicants must record an affidavit against
the property referencing the storm water management plan and landscaping plan,
and operation and maintenance agreements for both plans. The applicants 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 decision.
8. Within 30 days of completing construction, the applicants shall submit to the
Zoning Administrator photographs of the completed construction as viewed from
Perch Lake Road and the shoreline of Perch Lake, as well as certification from the
project architect that the addition has been constructed as approved.
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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 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 applicants and all property owners have
read, understand, and agree to all conditions of this decision.
Motion carried unanimously.
Application # 3: Alice, Inc. — Variance Request
Motion by Struemke to adopt staff recommendations, second by Nelson based on the
following revised findings:
1. The applicants are Alice, Inc. and John, Robert, and William Raleigh, property
owners.
2. - The site is located north of Highway 35/64 in Section 31, T3 IN-RI 8W, Town of
Star Prairie, St. Croix County, Wisconsin.
3. The applicants filed with the Planning and Zoning Department an application for a
variance to sign height and setback requirements pursuant to Section 17.65(2)(i) of
the St. Croix County Zoning Ordinance for Signs #1 and #4 to each have a height of
up to 40 feet above the average grade, and for Sign #3 to have a height of up to 43
feet above the average grade with a decreased setback from the right -of -way of State
Highway 35/64.
4. The requests will not be contrary to the public interest. The primary public purposes
of the height limitation and lot line setback are to protect the health, safety, and
welfare of property owners and citizens traveling on roads in the County. Signs #1
and #4 will exceed the 35 -foot height limitation by only five feet, which is minimal
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relief from the standards. Both signs will be located at intersections at the required
setbacks, and will need to be visible to travelers in order to safely direct them to the
River's Edge facilities. Sign #3 must be tall enough to safely allow for the passage
of buses, emergency vehicles, and other vehicles and equipment on nearby internal
service roads, and must also be readable to travelers above the guardrail of the
elevated highway. Although Sign #3 will be approximately 43 feet above the
average grade of the ground, the top of the sign will be only approximately 19 feet
above the average grade of the highway surface. Since Highway 35/64 is elevated
above the ground and features a guardrail adjacent to Sign 3 #, and the edge of the
right -of -way is 10 feet from the elevated road surface, locating the edge of the sign
two feet away from the right -of -way would ensure that no portion of the sign
encroaches within the right -of -way or pose a safety threat to highway travelers, and
be consistent with recommendations from the Wisconsin Department of
Transportation and the minimum setback requirements of the St. Croix County
Zoning Ordinance.
5. Literal enforcement of the Ordinance would create an unnecessary hardship due to
the unique physical characteristics of the property. The natural topography varies
considerably along Highway 35/64, and the highway system in this area features
cuts into hillsides for at -grade intersections, elevated surfaces above valleys and
existing facilities, and grade- separated interchanges. These limitations were created
by the reconfiguration of State Highway 35/64, and not by actions of the property
owners. Sign #1 will be located on a steep slope that was cut to create the
intersection for River's Edge Drive. Sign #3 will be located adjacent to a portion of
the highway that is elevated and features a guardrail, and will also be next to existing
internal service roads within the River's Edge facilities. It must be tall enough and
close enough to the right -of -way to be visible to travelers above the guardrail of the
highway, and as far from the internal service roads as possible so as not to impede
traffic. Sign #4 will need to be tall enough to be visible before the grade- separated
interchange for Highway C, and from the top of the Highway C exit to alert
eastbound travelers that they must get back on Highway 3 5/64 and take the next left.
6. The spirit and intent of the Ordinance would be met by granting this request, and
substantial justice would be done by allowing three on- premises signs to be at a
height and distance from the right -of -way that is visible to travelers given the grade
variations and elevated features of Highway 35/64 to safely direct them to River's
Edge facilities.
7. The Town of Star Prairie recommends approval of these requests.
8. Wisconsin Department of Transportation does not object to these requests, but
recommends that signs be placed at least one foot from the edge of the right -of -way
to ensure that they don't illegally encroach.
With the following conditions:
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I . This variance allows the applicants to construct Signs #1 and #4 at a height not to
exceed 40 feet above the average grade and in compliance with all setback
requirements, and to construct Sign #3 at a height not to exceed 43 feet above the
average grade and at a setback of two feet from the right -of -way of Highway
35/64.
2. All other conditions of the Board of Adjustment's decisions dated May 25, 2006
and December 7, 2006 (revised by reconsideration) shall be strictly adhered to.
3. 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.
The Board recessed at 10:00 a.m. for site visits for St. Croix County Highway
Department and Riverside Ministries.
The Board reconvened at 11:50 a.m.
Application #1• St Croix County Highway Department — Special Exception Request
Motion by Struemke, second by Nelson to approve the request based on the following
findings of fact:
1. The applicant is the St. Croix County Highway Department, property owner.
2. The site is located on State Highway 46 just south of the Village of Deer Park in
SE 1 /4 of the SE '/ of Section 7, T3 IN, RI6W, Town of Cylon, St. Croix County,
Wisconsin.
3. The applicant filed with the Planning and Zoning Department an application for a
special exception permit to construct and operate a new highway equipment and
materials storage facility with an office in the Ag Residential District pursuant to
Section 17.15(6)(u) of the St. Croix County Zoning Ordinance.
4. Through the sharing of office facilities with the Town of Cylon and allowing for
the use of an existing well by local emergency services, this request supports
several goals and objectives in the St. Croix County Development Management
Plan aimed at encouraging intergovernmental cooperation.
5. This request would not violate the spirit or intent of the St. Croix County Zoning
Ordinance in that a County highway facility with an office to be shared for town
use is a reasonable and appropriate use in the Ag Residential District, which the
property is currently zoned. Its location on a state highway in the eastern portion
of the County will allow the Highway Department to continue to maintain county
trunk highways in the area, as well as roadways under contract with the State of
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Wisconsin and in the Village of Deer Park and the towns of Cylon, Stanton, and
others.
6. This request would not negatively impact the health, safety, or welfare of the
public. The proposed facilities will be surrounded by a security fence, and will
provide a safe yet appropriately sized and located site from which the Highway
Department can stage ongoing maintenance and repair for roadways in the area
and promptly respond to municipal requests for maintenance assistance on a year -
round basis.
7. This request would not be substantially adverse to property values for nearby
residences. The site had previously been used as a nonmetallic mine. The
proposed facilities will feature similar traffic patterns and less intensive activities
occurring on the site. Additionally, the facilities will provide the Town of Cylon
with office space to conduct business functions and meetings to better serve area
residents. With conditions for managing storm water runoff, properly containing
fuel and other hazardous materials, and planting additional native trees and shrubs
as necessary to screen the facilities and equipment from adjacent residential
properties, potential negative impacts from the proposed facilities can be
mitigated.
8. With conditions for shielding light sources and planting additional native trees
and shrubs as necessary to visually screen and buffer noise from adjacent
residential properties, this request would not constitute a nuisance.
9. Based on the square footage of the office, the anticipated number of county and
town employees and the proposed uses on the site, the number of paved parking
stalls exceeds parking requirements pursuant to Section 17.57 of the St. Croix
County Zoning Ordinance. The seating capacity of the office is unknown;
however, it appears that there may be adequate paved area to the south of the shop
to accommodate overflow parking for large town meetings.
10. The proposed buildings, parking lot, and driveway entrance meet required road
setbacks and spacing requirements pursuant to Section 17.60 of the St. Croix
County Zoning Ordinance.
11. The proposed sign is appropriately sized and designed for the proposed use and
location. With a condition to ensure that the setback from the ROW of State
Highway 46 is 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.
12. With conditions for limiting mining activities to no more than one acre in area
during the life of the operation and ensuring ongoing reclamation as aggregate
reserves are depleted, this request will comply with the standards in the St. Croix
County Nonmetallic Mining Ordinance.
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13. The Town of Cylon will be using the proposed office for general town functions
and possibly meetings. The Town Board recommends approval of this request.
14. The St. Croix County Land and Water Conservation Department recommended
that the proposed storm water infiltration area be constructed consistent with the
Wisconsin Department of Natural Resources practice standard for infiltration
basin, and that the applicant verify that the bottom elevation of the proposed
infiltration basin is five feet above groundwater and bedrock. The applicant has
adequately addressed these recommendations.
15. The St. Croix County Highway Department is the applicant and as such has not
submitted a recommendation.
With the following conditions:
1. This special exception permit is for the St. Croix County Highway Department,
property owner and applicant, to construct and operate a new highway equipment
and materials storage facility with an office in accordance with the plans
submitted on October 2, 2006 and as provided in the conditions below. Approval
for this special exception permit does not include any additional structures,
impervious coverage, mining, filling and grading, 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 necessary sanitary
permits and approvals.
3. Prior to commencing construction, the applicant must record an affidavit against
the property referencing the revised storm water management plan and an
operation and maintenance agreement for the infiltration area, and provide a
recorded copy to the Zoning Administrator. The intent is to make future
committee members and /or future property owners aware of the responsibilities
and limitations incurred as a result of the plans.
4. Prior to commencing construction, the applicant must submit to and have
approved by the Zoning Administrator a reclamation plan for the area that is to
remain open for mining in the southeast corner of the site. Reclamation shall
occur on an ongoing basis as materials are depleted. The mined area shall not
exceed one acre through the life of the operation in compliance with Section
14.1.F.l .a.8) of the St. Croix County Nonmetallic Mining Ordinance, unless the
applicant applies for and obtains a nonmetallic mining permit.
5. Prior to commencing construction, the applicant shall submit a landscaping plan
extending the tree plantings to within 33 feet north of the centerline of the paved
driveway and increasing the current level of vegetation to create 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 on both the north and south sides of the driveway to better
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screen the parking lot from residential properties across Highway 46 and retain
the rural character and natural beauty of the area. The landscaped buffer shall
attain at least 80% opacity at maturity. Within six months of completing
construction, the applicant shall submit to the Zoning Administrator photos of all
completed buildings, parking areas, outdoor storage areas, storm water infiltration
areas, signs, lights, and landscaping, and certification from the project engineer
that everything has been constructed as designed and as approved by the Board.
6. Immediately upon completing construction, temporary ground cover shall be used
until permanent vegetation is established. Erosion control measures shall remain
in place until permanent vegetation is established.
7. The applicant shall maintain a minimum of 14 paved parking stalls in accordance
with the plans submitted, and shall be responsible for providing adequate off -
street parking for all town functions and meetings.
8. The proposed sign must be located a minimum of 10 feet from the ROW of State
Highway 46, 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, including but not
limited to signage for the Town of Cylon, requires prior approval by the Zoning
Administrator, who may determine that approval from the Board of Adjustment is
needed.
9. All lights on the site and on buildings must be downward directed and shielded
away from neighboring properties to prevent glare. Only lights on the building or
building overhangs at a level not to exceed the height of the lowest eaves may be
left on overnight for security purposes. Pole lights in the parking lot shall only be
on during occasional extended hours for road projects, winter road maintenance,
and town functions and meetings.
10. Normal hours of operation f, : the St. Croix County Highway Department and the
Town of Cylon shall be from 6:00 AM to 4:00 PM during the construction season
and from 7:00 AM to 3:30 PM during the remainder of the year. Hours may be as
much as 24 -hours per day seven days a week during the winter maintenance
season. The Town of Cylon may use the proposed office for general town
functions and meetings.
11. Upon complaints of regularly occurring, excessively loud noise at any time, the
applicant shall work with the Zoning Administrator to abate the noise problem.
The applicant proposes the 90 -dBA permissible exposure limit currently enforced
by the Occupational Safety and Health Administration (OSHA) and the Mine
Safety and Health Administration (MSHA) and as measured at the property line.
In the event that the matter cannot be resolved administratively, the applicant
shall take the matter before the Board of Adjustment at a public hearing.
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12. The property shall be maintained in a neat and orderly manner.
13. All fuel and other hazardous materials shall be stored in accordance with
applicable state and federal standards.
14. The applicant shall contact the Zoning Administrator to review this special
exception permit in two years from the approval date (December 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.
15. 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.
16. 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
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.
17. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
Motion carried unanimously.
Application #2 — Riverside Ministries — Special Exception Request
Motion by Luckey, second by Nelson to approve therequest based on.the.following
findings:
1. The applicant is Riverside Ministry Center, Stillwater Christian Fellowship, Inc.,
property owner.
2. The site is located at 427 County Highway VV in the NE '/ of the SW I /4 of
Section 5, T30N, 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 for a church in the Commercial District pursuant to
Section 17.18(1) of the St. Croix County Zoning Ordinance.
4. The proposed church does not violate the spirit and intent of the St. Croix County
Zoning Ordinance or the Commercial District, which the property is currently
zoned. The proposed church will be compatible with the existing commercial
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businesses to the east and the west that share access from the private frontage
road. According to the applicant, church activities will be during the off - business
hours for the Weight -Rite Corporation to the west and will not likely interfere
with occasional traffic using Ample Storage to the east. The location for the
proposed church adjacent to Highway VV and existing residential development
also makes it accessible to existing residential properties and its current
membership in the area. Church- related conferences, banquets, and other special
events will also be a reasonable and appropriate use in this location.
5. With conditions for maintaining and monitoring the existing storm water
detention pond, installing proper erosion control prior to any future construction,
and providing adequate parking and landscaping for future expansion, 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 businesses or residences
since negative impacts will be mitigated. Traffic from church services and
activities will occur during off -peak travel times and is not expected to have a
detrimental impact on the surrounding area.
6. With conditions for shielding light sources so as not to produce glare onto
adjacent properties and limiting the noise from church activities and special
events, this request would not constitute a nuisance by reason of noise, dust,
smoke, odor, or other similar factors. The proposed church will feature primarily
office, bible study, and group service uses, with no loud noises, dust, smoke, or
odor being produced.
7. The standards have been met to grant the special exception permit for the
proposed church pursuant to Section 17.18(1)(a -f) of the St. Croix County Zoning
Ordinance. The existing driveway was approved as part of the special exception
permit for Ristow Trucking, Inc. on August 22, 2002, and is located on a cross -
easement with an adjacent commercial lot pursuant to Section 17.18(1)(f)i of the
St. Croix County Zoning Ordinance, which will provide opportunities for sharing
parking infrastructure with F-djoining commercial businesses in the future.
8. The applicant currently has more than sufficient parking to accommodate the
office uses and seating capacity of the existing building pursuant to Section 17.57
of the St. Croix County Zoning Ordinance, and adequate space is available to
accommodate future parking needs. With conditions requiring prior
administrative review and approval of any plans for expansion, staff can ensure
that adequate stalls are provided to meet parking standards.
9. The existing principal building was approved as part of the special exception
permit for Ristow Trucking, Inc. on August 22, 2002. The storage garage was
constructed in 2006 with a building permit from the Town of Somerset. Both
structures meet the required road setbacks from Highway VV and the private
frontage road pursuant to Section 17.60 of the St. Croix County Zoning
Ordinance.
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10. The proposed on -site signage will be appropriately sized for and consistent with
signs historically approved by the Board of Adjustment for other uses in the
Commercial District. With conditions for setbacks, height, and lighting, the
proposed signs will meet the general sign standards pursuant to Section 17.65 of
the St. Croix County Zoning Ordinance.
11. The Town of Somerset has recommended approval of this request, pending
Planning Commission approval.
12. The St. Croix County Land and Water Conservation Department finds the storm
water management plan to be adequate for the proposed facilities and
recommends that the applicant record an operation and maintenance agreement
for the storm water plan against the property, and ensures that proper erosion
control measures are used for any further land disturbing activities.
13. The St. Croix County Highway Department does not have any concerns with this
request.
With the following conditions:
1. This special exception permit is for the Stillwater Christian Fellowship, Inc. to
operate a church, Riverside Ministry Center, in the Commercial District as
indicated in the plans submitted on November 1, 2006 and as provided in the
conditions below. Approval for this special exception permit does not include any
additional uses, structures, grading and filling, or impervious coverage not
indicated in the plans.
2. Prior to commencing any future construction or land disturbing activities, the
applicant shall be responsible for securing 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 Commerce - at this time. .
3. Prior to commencing any future construction or land disturbing activities, the
applicant shall submit to and have approved by the Zoning Administrator the
following items (subject to timeline listed in Condition #13 below):
• Elevation drawings and building plans to ensure that the future addition is
consistent with the approved plans and meets the height, lighting, and other
general requirements of the St. Croix County Zoning Ordinance.
• A revised site plan showing the exact placement of the building addition,
lighting, additional paved parking stalls, and landscaping to ensure that
adequate off - street parking is provided and appropriately screened as deemed
appropriate by the Zoning Administrator. Whenever feasible, the sharing of
driveway accesses and parking facilities with adjoining commercial
businesses shall be encouraged to make the best use of existing infrastructure
and reduce the need for additional impervious coverage.
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z
• An erosion control plan for all filling and grading activities.
• A surety in the form of 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 to be in compliance with the conditions of this
permit and all applicable provisions of the Ordinance, at which time the
deposit will be refunded in full.
4. Within 30 days of this approval, the applicant must submit an operation and
maintenance plan for the storm water detention pond against the property, and
provide a recorded copy to the Zoning Administrator at this time. The intent is to
make present and future owners aware of the responsibilities and limitations
associated with the storm water pond, and to ensure that the pond is regularly
monitored so that it functions properly.
5. 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 addition, paved
parking and driving surfaces, signs, lights, and landscaping have been constructed
and installed as approved.
6. One double -sided entrance sign shall not exceed 52 square feet in size and 35 feet
in height, and must be located a minimum of 10 feet from all property lines and
road ROW and easement lines. Any lighting for the sign shall be downward
directed and designed to prevent glare onto adjacent properties. One building
facade sign and /or lettering shall be allowed not to exceed a total surface area of 48
square feet in size, for a cumulative total of 100 square feet of signage on site. 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.
7. All lights on the site and on buildings must be downward directed and shielded
away from neighboring propertic.; to pi event ;fare. Only lights on the building or
building overhangs at a level not to exceed the height of the lowest eaves may be
left on overnight for security purposes. Pole lights in the parking lot shall only be
on during the hours of church services.
8. Regular hours of operation shall not extend beyond 8:00 AM — 10:00 PM.
9. 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 applicant shall
take the matter before the Board of Adjustment at a public hearing.
10. All buildings and property shall be maintained in a neat and orderly manner.
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11. The applicant shall contact the Zoning Administrator to review this special
exception permit in two years from the approval date (December 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 opportunity for a hearing.
12. Any change in ownership or management shall require prior notification to the
Zoning Administrator. Any change in the use of the property; change in the
building or facilities; or changes to the current project details — including but not
limited to additional structures, 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 determine that special exception approval is necessary.
13. The applicant shall have five (5) years from the approval of this special exception
permit to commence construction of the building addition and related parking
facilities and six (6) years from the approval 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 permit.
14. Accepting this decision means that the applicant and all tenants have read,
understand, and agree to all conditions of this decision.
Motion carried unanimously.
Minutes
Motion by Nelson, second by Luckey to approve the December 7, 2006 minutes as
edited. Motion carried unanimously.
Revision to Board of Adiustment By -Laws
In regards to the recommendations from the four students at UW -River Falls; David
Fodroczi removed the contested case provisions in the BOA By -Laws. There was a
motion by Luckey, second by Nelson to approve the amended By -Laws.
Motion carried unanimously.
Chairman Malick suggested that Section 3 — Order of Hearing, in the BOA By -Laws be
the next section that is updated.
Announcements and Correspondence
The Board members received a memo from David Fodroczi stating that Robert Bezek
will be departing and introducing Kevin Grabau as the interim Code Administrator.
A motion by Nelson, second by Struemke to adjourn the meeting at 12:24 p.m.
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Respectfully submitted,
�-- _
Sue Nelson, Secretary Becky Egg n, ring Secretary
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