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HomeMy WebLinkAboutBoard of Adjustment 01-26-06 PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, January 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. VARIANCE 1. APPLICANT: Mark and Christina Rosencranz, owners LOCATION: The NE' /4 of the NW '/4, Section 21, T30N -R15W, Town of Glenwood ADDRESS: 2911 150 Ave., Glenwood City, WI 54013 REQUEST: Variance request to the 50 -foot road right -of -way setback requirement pursuant to Section 17.60 6.a. of the St. Croix County Zoning Ordinance. Request is to allow an existing pole barn to remain in its current location of approximately 42 -feet from the road right -of -way. SPECIAL EXCEPTION 2. APPLICANT: Randy and Debbie Calleja, owners LOCATION: The NW %4 of the NW '/4, Section 23, T30N -R18W, Town of Richmond ADDRESS: 1307 County Road G, New Richmond, WI 54017 REQUEST: Special exception request for a commercial use in the Commercial District pursuant to Section 17.18(1) of the St. Croix County Zoning Ordinance. The request is for a permit to construct a gas station/convenience store and banquet hall/bar /restaurant on a commercially zoned lot. 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. Julie Speer, Chairperson St. Croix County Board of Adjustment ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, January 26, 2006 8:30 a.m. Government Center, Hudson, Wisconsin AGENDA A. CALL TO ORDER/ ROLL CALL B. OPEN MEETING LAW STATEMENT C. ACTION ON PREVIOUS MINUTES D. DATE OF NEXT MEETING: February 23, 2006 E. HEARINGS 1) See attached Public Hearing Notice F. UNFINISHED BUSINESS G. NEW BUSINESS: H ANNOUNCEMENTS AND CORRESPONDENCE I. ADJOURNMENT (Agenda not necessarily presented in this order.) SUBMITTED BY: St. Croix County Planning and Zoning Department DATE: January 18, 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, January 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. VARIANCE 1. APPLICANT: Mark and Christina Rosencranz, owners LOCATION: The NE 1 /4 of the NW 1 /4, Section 21, T30N -R1 5W, Town of Glenwood ADDRESS: 2911 150' Ave., Glenwood City, WI 54013 REQUEST: Variance request to the 50 -foot road right -of -way setback requirement pursuant to Section 17.60 6.a. of the St. Croix County Zoning Ordinance. Request is to allow an existing pole barn to remain in its current location of approximately 42 -feet from the road right -of -way. SPECIAL EXCEPTION 2. APPLICANT: Randy and Debbie Calleja, owners LOCATION: The NW 1 /4 of the NW 1 /4, Section 23, T30N -R1 8W, Town of Richmond ADDRESS: 1307 County Road G, New Richmond, WI 54017 REQUEST: Special exception request for a commercial use in the Commercial District pursuant to Section 17.18(1) of the St. Croix County Zoning Ordinance. The request is for a permit to construct a gas station/convenience store and banquet hall/bar /restaurant on a commercially zoned lot. 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. Julie Speer, Chairperson St. Croix County Board of Adjustment I 1 , � r OFFICIAL BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES January 26, 2006 (This hearing recorded by a Court Reporter) The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was made. Julie Speer, Art Jensen, Linda Luckey and Buck Malick were present. Sue Nelson was absent and excused. Staff included: David Fodroczi Planning nd Zoning Director Jenny Shillcox Zoning Specialist, g g Y g P Steve Olson, Land and Water Conservation Department and Debbie Murphy, recorder. The meeting of the Board of Adjustment was called to order. Chairperson Speer believes this to be a properly noticed meeting, and the agenda was adopted. The next meeting for the Board will be February 8, 2006. The meeting will be held in the County Board Room at the Government Center. The starting time will be 8:30 a.m. MINUTES Motion by Jensen, seconded by Luckey to adopt the minutes from the January 5, 2006 hearing. Motion carried. The hearing was opened and testimony taken and recorded by a court reporter. NEW BUSINESS PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, January 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. VARIANCE 1. APPLICANT: Mark and Christina Rosencranz, owners LOCATION: The NE' /4 of the NW '/4, Section 21, T30N -Rl5W, Town of Glenwood ADDRESS: 2911 150 Ave., Glenwood City, WI 54013 REQUEST: Variance request to the 50 -foot road right -of -way setback requirement pursuant to Section 17.60 6.a. of the St. Croix County Zoning Ordinance. Request is to allow an existing pole barn to remain in its current location of approximately 42 -feet from the road right -of -way. SPECIAL EXCEPTION 2. APPLICANT: Randy and Debbie Callej a, owners LOCATION: The NW t /4 of the NW 1 /4, Section 23, T30N -R1 8W, Town of Richmond ADDRESS: 1307 County Road G, New Richmond, WI 54017 REQUEST: Special exception request for a commercial use in the Commercial District pursuant to Section 17.18(1) of the St. Croix County Zoning Ordinance. The request is for a permit to construct a gas station/convenience store and banquet hall/bar /restaurant on a commercially zoned lot. 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. Julie Speer, Chairperson St. Croix County Board of Adjustment Mark and Christina Rosencranz Variance request to the 50 -foot road right -of -way setback requirement pursuant to Section 17.60 6.a. of the St. Croix County Zoning Ordinance. Request is to allow an existing pole barn to remain in its current location of approximately 42 -feet from the road right -of -way. Staff presented the request to the Board through a PowerPoint presentation and went over the staff report. Mark Rosencranz was sworn in and stated, among other things, that he had nothing to add to the staff presentation, as staff covered everything in their report. There were no questions from the Board. Joe Draxler, sworn in, stated that he is the Town Chair for Glenwood. He issued the building permit and stated that he did not explain the setbacks to Rosencranz when permit was issued. He further stated that there are no plans to widen 150 Avenue, and it is a very low - traveled road. There was no opposition to the request. Randy and Debbie Calleia Special exception request for a commercial use in the Commercial District pursuant to Section 17.18(1) of the St. Croix County Zoning Ordinance. The request is for a permit to construct a gas station/convenience store and banquet hall/bar /restaurant on a commercially zoned lot. Staff presented the request to the Board through a PowerPoint presentation and went over the staff report and site design. Jerry Ripley, JEO Consulting, sworn in, is the agent for the Callejas. Ripley went over the request with the Board, explaining that they have worked with the County, City of New Richmond, the Town, and the DOT to get to this point. He commented on the access into the property and the possibility of a left -turn lane. Regarding Jim Devlin's letter on parking stalls, he stated that they have been designed as they are required by law, and cannot make the stalls any smaller. Jeff Durkee, St. Croix County Highway Department, sworn in, stated that no additional screening should be planted in the vision triangle area. There was no opposition to the request. The Board recessed from 9:30 a.m. to 11:25 a.m. to view the sites. DECISIONS: After hearing testimony on the requested variance and special exception requests, reviewing the material in the record, and conducting a site visit, the Board rendered the following decisions: Mark and Christina Rosencranz Motion by Jensen, second by Speer to approve the Variance request to the 50 -foot road right -of -way setback requirement to allow an existing pole barn to remain in its current location of approximately 42- feet from the road right -of -way based on the following findings: 1. The applicants are Mark and Christina Rosencranz, property owners. 2. The site is located at 2911 150' Avenue in the NE 1 /4 of the NW '/4 of Section 21, T3 ON, R15W, Town of Glenwood, St. Croix County, Wisconsin. 3. The applicants filed an application with the Planning and Zoning Department for an after -the- fact variance to keep an existing barn that encroaches eight feet within the required 50 -foot right - of -way setback of a Class D highway pursuant to Section 17.60 6.a. of the St. Croix County Zoning Ordinance. 4. A barn is a permitted accessory structure in the Ag Residential District. 5. The barn meets all other required setbacks and height provisions of the Ordinance. 6. The location of the existing barn will not be contrary to the public interest. The primary public purposes of highway setbacks are to protect the health, safety, and welfare of property owners and citizens traveling on the County's roads. These public purposes will not be undermined 2 r with the approval of this variance because the encroachment is minimal. The barn is angled on the property with only one corner encroaching eight feet into the setback. The majority of the barn is well outside of the setback with the back corner on the roadside located 152 feet from the right -of -way. Furthermore, 150"' Avenue is a low- volume gravel road with only three other residences on it besides the applicants' between Highway G and Highway 128. 7. Literal enforcement of the provisions of the Ordinance would require the removal of the barn from its present location, which was deemed the most suitable location by the excavator due to steep slopes on the site. This site limitation was not self - created by any actions of the applicant. 8. The error in locating the barn partially within the road right -of -way setback was due to the Town Chair's oversight in approving the building permit. The applicant followed the proper procedure in obtaining permit approval prior to beginning construction. 9. The Town of Glenwood approved the building permit for this property and recommends approval of this variance request. 10. The spirit and intent of the Ordinance would be met by granting this request for an after -the- fact variance, and substantial justice would be done by allowing a permitted horse barn to remain in an agricultural area with minimal impact to adjacent property owners or to citizens using 150'' Avenue. 11. There was no public opposition to this request. With the following conditions: 1. This variance allows the applicants to keep an existing barn that encroaches eight feet within the required setback of 150 Street. 2. The applicants shall be responsible for securing all necessary local, State, and federal permits and approvals. 3. Accepting this decision means that the applicants have read, understand, and agree to all conditions of this decision. By accepting this approval the owner(s) are ultimately responsible for compliance with the conditions of this approval. The following vote was taken to approve: Jensen, yes; Luckey, yes; Chairperson Speer, yes, Malick, no. Motion carried on a 3 -1 vote. Randy and Debbie Calleia Motion by Malick, second by Luckey to table the request until the February 8"' meeting, for the following reasons: The Board requested that staff obtain additional information regarding the proposed left -turn lane on Highway 65. Specific request is as follows: • Cost estimates for constructing a left -turn lane. • Information on any future short- or mid -range plans by the Wisconsin DOT to make improvements to the Highway 65/G intersection. • Guidance on allocating a percentage of the construction costs based on the generated need from the proposed uses on the site. • Suggestions on financing options for future construction (i.e. escrow, bond, legal agreement). The following vote was taken to table: Jensen, yes; Luckey, yes; Malick, yes; Chairperson Speer, yes. Motion carried on a 4 -0 vote. The meeting declared adjourned at 12:05 p.m. Respectfully submitted, Sue Nelson, Secretary Debra Murphy, Recording Secretary 3