HomeMy WebLinkAboutBoard of Adjustment 02-08-06 ST. CROIX COUNTY BOARD OF ADJUSTMENT
Wednesday, February 8, 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: See attached Public Hearing Notice
F. UNFINISHED BUSINESS:
1. Randy and Debbie Calleja Special Exception request for a commercial use in the
Commercial District - Tabled on January 26, 2006
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: February 2, 2006
COPIES TO: County Board Office County Clerk
Board Members News Media/Notice Board
*CANCELLATIONS /CHANGE S /ADDITIONS
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Wednesday, February 8, 2006 at
8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following
requests under the St. Croix County Zoning Ordinance. The Board will view each site in question, after which
the Board will deliberate and vote on the requests.
SPECIAL EXCEPTION PERMIT REQUESTS FOR NON - METALLIC MINING
1. APPLICANT: Gillen Lime Quarry and Trucking, Inc., owner
LOCATION: The E %2 the NW 1 /a of Section 10, T30N -R17W, Town of
Erin Prairie
ADDRESS: 1665 190"' Street, New Richmond, WI 54017
REQUEST: Special Exception request for an existing non - metallic mining
operation pursuant to Section 17.15(6)(g) and subject to the provisions in Chapter 14.
2. APPLICANT: Milestone Materials/ Mathy Construction, owners
LOCATION: Parcel I : Part of the NW ' / 4 of NW '/4, part of the NE 1 /a of NW %a and part of the NW '/4
of NE 1 /4, Section 14, T28N -Rl9W; Parcel II : S %2 of SW 1 /4; NE' /4 of SE' /4 and W %2 of
SE 1 /4, Section 11, T28N -R19W; Parcel III N %2 of NW 1 /4 and SE 1 /a of NW 1 /4, Section
11, T28N -Rl9W, all located in the Town of Stanton
ADDRESS: 1829 CTH H, Deer Park, WI 54407
REQUEST: Special Exception request for an existing non - metallic mining
operation pursuant to Section 17.15(6)(g) and subject to the provisions in Chapter 14.
3. APPLICANT: Belisle Excavating, Inc., owner
LOCATION: The S %2 of the SE 1 /4 of Section 28 and the N %2 of the NE 1 /a ,
Section 33, T31N -R19W, Town of Somerset
ADDRESS: 489 192nd Avenue, Somerset, WI 54025
REQUEST: Special Exception request for an existing non - metallic mining
operation pursuant to Section 17.15(6)(g) and subject to the provisions in Chapter 14.
SPECIAL EXCEPTION AND VARIANCE REQUEST FOR NON - METALLIC MINING
4. APPLICANT: Anderson Excavating, Inc., owner
LOCATION: The NE 1 /4 of the SE %4, Section 28 T28N -R17W, Town of Rush
River
ADDRESS: Highway 63 South of Baldwin, Wisconsin
REQUEST: Special Exception request for an existing non - metallic mining
operation pursuant to Section 17.15(6)(g) and subject to the provisions in Chapter 14.
Variance to the 100 -foot buffer requirement pursuant to Section 14.2(A)7.a.
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
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Wednesday,
February 8, 2006 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson,
Wisconsin, to consider the following requests under the St. Croix County Zoning Ordinance. The
Board will view each site in question, after which the Board will deliberate and vote on the
requests.
SPECIAL EXCEPTION PERMIT REQUESTS FOR NON - METALLIC MINING
1. APPLICANT: Gillen Lime Quarry and Trucking, Inc., owner
LOCATION: The E %2 the NW '/a of Section 10, T30N -R17W, Town of
Erin Prairie
ADDRESS: 1665 190' Street, New Richmond, WI 54017
REQUEST: Special Exception request for an existing non - metallic mining
operation pursuant to Section 17.15(6)(g) and subject to the provisions in
Chapter 14.
2. APPLICANT: Milestone Materials/ Mathy Construction, owners
LOCATION: Parcel I : Part of the NW '/4 of NW ' / 4, part of the NE '/a of NW '/a and part
of the NW ' / 4 of NE %a, Section 14, T28N -R19W; Parcel II : S %2 of SW '/4;
NE' /4 of SE' /4 and W %2 of SE 1 /4, Section 11, T28N -R19W; Parcel III N
%2 of NW '/a and SE '/4 of NW '/4, Section 11, T28N -R19W, all located in
the Town of Stanton
ADDRESS: 1829 CTH H, Deer Park, WI 54407
REQUEST: Special Exception request for an existing non - metallic mining
operation pursuant to Section 17.15(6)(g) and subject to the provisions in
Chapter 14.
3. APPLICANT: Belisle Excavating, Inc., owner
LOCATION: The S %2 of the SE '/a of Section 28 and the N %2 of the NE '/4 ,
Section 33, T31N -R19W, Town of Somerset
ADDRESS: 489 192nd Avenue, Somerset, WI 54025
REQUEST: Special Exception request for an existing non - metallic mining
operation pursuant to Section 17.15(6)(g) and subject to the provisions in
Chapter 14.
SPECIAL EXCEPTION AND VARIANCE REQUEST FOR NON - METALLIC MINING
4. APPLICANT: Anderson Excavating, Inc., owner
LOCATION: The NE ' / 4 of the SE 1 /4, Section 28 T28N -R17W, Town of Rush
River
ADDRESS: Highway 63 South of Baldwin, Wisconsin
REQUEST: Special Exception request for an existing non - metallic mining
operation pursuant to Section 17.15(6)(g) and subject to the provisions in
Chapter 14.
Variance to the 100 -foot buffer requirement pursuant to Section
14.2(A)7.a.
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
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OFFICIAL
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
February 8, 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, Sue Nelson and Buck Malick were present. Staff included: Bob
Bezek, Code Administrator, Jenny Shillcox, Zoning Specialist, 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, with Item 3 being removed from the agenda.
The next meeting for the Board will be February 23, 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
Will be approved at meeting on February 23
The hearing was opened and testimony taken and recorded by a court reporter.
UNFINISHED BUSINESS
Randy and Debbie Calleia
At its hearing on January 26, 2006, the Board of Adjustment tabled a special exception request by the
applicants for a banquet hall, restaurant and bar, and gas station and convenience store in the
Commercial District. The staff updated the Board with new information received. Staff has worked
with the County Highway Department, the DOT, and the applicant.
Jerry Ripley, JEO Consulting, sworn in, represented the applicants. He stated, among other things,
that the Callejas do understand that they may be asked to contribute to the cost of upgrades needed to
Highway 65, but believe 1 /2 of county cost would be adequate. He added that the sign for the site will
not exceed the 100 - square foot requirements.
Jeff Durkee, St. Croix County Highway Department, sworn in. He stated, among other things, that
the proposed driveway for the site is adequate for now, but if there is more development to the south
of the property, it would be best to re- locate the driveway to the southeast corner. Durkee stated that
he believes highway would work with the applicant, and other parties, on upgrades to Highway 65
intersection.
Steve Olson, Land and Water Conservation Department, added that all of his concerns have been
addressed.
There was no public opposition.
NEW BUSINESS
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Wednesday, February 8,
2006 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the
following requests under the St. Croix County Zoning Ordinance. The Board will view each site in
question, after which the Board will deliberate and vote on the requests.
SPECIAL EXCEPTION PERMIT REQUESTS FOR NON - METALLIC MINING
1. APPLICANT: Gillen Lime Quarry and Trucking, Inc., owner
LOCATION: The E' /2 the NW ' / 4 of Section 10, T30N -R17W, Town of
Erin Prairie
ADDRESS: 1665 190` Street, New Richmond, WI 54017
REQUEST: Special Exception request for an existing non - metallic mining
operation pursuant to Section 17.15(6)(g) and subject to the provisions in
Chapter 14.
2. APPLICANT: Milestone Materials/ Mathy Construction, owners
LOCATION: Parcel I : Part of the NW ' / 4 of NW '/4, part of the NE ' / 4 of NW '/4 and part of the
NW '/4 of NE '/4, Section 14, T28N -R19W; Parcel H : S '/z of SW ' / 4; NE '/4 of
SE '/4 and W 'h of SE '/4, Section 11, T28N -R19W; Parcel III N 'h of NW '/4
and SE' /4 of NW 1 /4, Section 11, T28N -R19W, all located in the Town of
Stanton
ADDRESS: 1829 CTH H, Deer Park, WI 54407
REQUEST: Special Exception request for an existing non - metallic mining
operation pursuant to Section 17.15(6)(g) and subject to the provisions in
Chapter 14.
3. APPLICANT: CANCELED: Belisle Excavating, Inc., owner
LOCATION: The S 'h of the SE '/4 of Section 28 and the N 'h of the NE '/4 ,
Section 33, T31N -R19W, Town of Somerset
ADDRESS: 489 192nd Avenue, Somerset, WI 54025
REQUEST: Special Exception request for an existing non - metallic mining
operation pursuant to Section 17.15(6)(g) and subject to the provisions in
Chapter 14.
SPECIAL EXCEPTION AND VARIANCE REQUEST FOR NON - METALLIC MINING
4. APPLICANT: Anderson Excavating, Inc., owner
LOCATION: The NE '/4 of the SE '/4, Section 28 T28N -R17W, Town of Rush
River
ADDRESS: Highway 63 South of Baldwin, Wisconsin
REQUEST: Special Exception request for an existing non - metallic mining
operation pursuant to Section 17.15(6)(g) and subject to the provisions in
Chapter 14.
Variance to the 100 -foot buffer requirement pursuant to Section 14.2(A)7. a.
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
Gillen Lime Quarry
Special Exception request for an existing non - metallic mining operation pursuant to Section 17.15(6)(g)
and subject to the provisions in Chapter 14.
Staff presented the request to the Board through a PowerPoint presentation and went over the staff
st with conditions.
request report. Staff supports q e
Mark Iverson, agent for the Gillens, was sworn in and stated, among other things, that the Gillens have
no problem with conditions listed in the staff report.
There was no opposition to the request.
Milestone Materials/ Mathy Construction
Special Exception request for an existing non - metallic mining operation pursuant to Section 17.15(6)(g)
and subject to the provisions in Chapter 14.
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Staff presented the request to the Board through a PowerPoint presentation and went over the staff
report. Staff supports the request with conditions.
Candy Anderson, agent for Mathy Construction was sworn in. She went over history of the site, and also
stated, among other things, that the property will have a deed restriction placed on it or will be given to
the DNR for prairie restoration.
There was no opposition to the request.
Belisle Excavating, Inc.
Postponed until a future meeting.
Anderson Excavating, Inc.
Special Exception request for an existing non - metallic mining operation pursuant to Section 17.15(6)(g)
and subject to the provisions in Chapter 14 and a variance to the 100 -foot buffer requirement pursuant to
Section 14.2(A)7.a.
Staff presented the request to the Board through a PowerPoint presentation and went over the staff report
and operation plan. Exhibit #6 was handed out to the Board (Easement Agreement). Staff supports the
request with conditions.
Robin Anderson, sworn in, stated, among other things, that their intent is to comply with any conditions
imposed by the Board.
There was no opposition to the request
The Board recessed from 9:55 a.m. to 10:15 a.m.
DECISIONS:
The Board previously conducted site visits on all of the properties. After hearing testimony on the
requested variance and special exception requests and reviewing the material in the record, the Board
rendered the following decisions:
Randy and Debbie Calleja
Motion by Jensen, second by Malick to approve the special exception request for a banquet hall, restaurant
and bar, and gas station and convenience store in the Commercial District in the Town of Richmond based
on the following findings:
1. The applicants are Debbie and Randy Calleja, property owners, with future ownership by R & J
of Wisconsin, LLC.
2. The site is located at the intersection of Highway 65 and Highway G in Section 23, T30N -R18W,
Town of Richmond, St. Croix County, Wisconsin.
3. The applicant filed with the Planning and Zoning Department an application for a special
exception permit for a banquet hall, restaurant and bar, and gas station and convenience store
in the Commercial District pursuant to Section 17.18 of the St. Croix County Zoning
Ordinance.
4. This request complies with the conditions of Rezoning Resolution 663 (2004) for the property
(Exhibit 6).
5. This request is consistent with the conditions of the special exception permit approved by the
Board of Adjustment on December 1, 2005 for the Kopp property to the south with respect to
access from the proposed 131" Street.
6. This request does not violate the spirit or general intent of the St. Croix County Zoning
Ordinance in that banquet halls, restaurants/bars, and gas stations /convenience stores are
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reasonable and appropriate uses in the Commercial District, which the property is currently
zoned.
7. The standards have been met to grant the special exception permit for a banquet hall, restaurant,
bar, and gas station with convenience store pursuant to Section 17.18(1)(a -f) of the St. Croix
County Zoning Ordinance.
8. The banquet hall, restaurant and bar, and gas station and convenience store will meet several
goals of the St. Croix County Development Management Plan by diversifying the economy,
providing a community gathering place for the New Richmond area, and serving nearby rural
development (Exhibit 18). According to the St. Croix County Economic Development
Corporation, there are currently only eight banquet facilities in St. Croix County, two of which
are in the New Richmond area; Gibby's Lanes and the New Richmond Golf Club, both of which
are catered by the applicants.
9. With conditions for storm water management, erosion control, landscaping, lighting, road
improvements, and access, this request would not negatively impact the public health, safety, or
welfare of the public, nor would it be substantially adverse to property values in the adjacent
residential developments. The building designs are consistent with other existing commercial
development along the Highway 65 corridor, including office buildings located directly north
and south of the site, a mini storage facility to the northwest, and extensive commercial
development further north along the Highway 65 corridor leading into the City of New
Richmond. With the addition of left turn lanes on Highway G and Highway 65 as recommended
by the St. Croix County Highway Department and Wisconsin DOT, the increased traffic
generated by the proposed businesses will not create congestion or new traffic safety hazards.
10. With conditions for shielding light sources and planting additional trees and shrubs to screen
adjacent Ag Residential properties from lights, vehicles and signs, and to filter sounds from
vehicles at the gas station, this request would not constitute a nuisance by reason of noise, dust,
smoke, odor or other similar factors.
11. The applicants will provide sufficient area for off - street parking pursuant to Section 17.57 of the
St. Croix County Zoning Ordinance.
12. All buildings meet required road setbacks from Highway 65, Highway G, and the proposed 131
Street pursuant to Section 17.60 of the St. Croix County Zoning Ordinance.
13. The proposed driveway access meets the highway spacing requirement from Highway G and
could comply with the recommendations of the City of New Richmond and Wisconsin
Department of Transportation if moved further to the south to a joint access with the Kopp
property to the south.
14. With conditions for moving the signs that exceed 100 square feet in area, the signs will meet the
setback requirements and other general standards for signs pursuant to Section 17.65(2) of the
St. Croix County Zoning Ordinance.
15. The Town of Richmond has recommended approval of the request with the construction and
dedication of 131 Street as a town road.
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16. The City of New Richmond Planning Department does not object to the approval of this request
provided that the functional integrity of Highway 65 is maintained.
17. The St. Croix County Highway Department does not object to the approval of this request with
conditions for the construction of 131 Street and improvements to Highway G.
18. The St. Croix County Land and Water Conservation Department does not object to this request
provided that storm water from all impervious coverage on the site is retained and managed on
site.
19. The Wisconsin Department of Transportation does not object to the special exception request
with conditions for improvements to Highway 65, Highway G, and 131 Street to ease
congestion and address safety issues.
20. The Wisconsin Department of Natural Resources does not object to the special exception
request. The applicant has applied for an NR 216 permit for filling and grading with the
Department.
21. The Wisconsin Department of Commerce has granted conditional approval for gas pumps and
fuel storage facilities.
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With the following conditions:
1. This special exception permit is for Debbie and Randy Calleja, property owners (with future
ownership by R & J of Wisconsin, LLC) to operate a banquet hall, restaurant and bar, and gas
station and convenience store in the Commercial District as indicated in the site plans
submitted on January 18, 2006 and the revised conceptual plan submitted on February 2,
2006.
2. Prior to commencing construction, the applicants shall submit to the Zoning Administrator a
final recorded CSM for the site and a copy of the updated Warranty Deed showing the
transfer of ownership to R & J of Wisconsin, LLC. The recorded CSM shall show:
• all new lot lines for Lots 5 and 6,
• the dedication of right -of -way for 131 Street to the Town of Richmond,
• a 33 -foot easement along the entire length of the shared property line to the south of
Lot 5 to accommodate an alternative shared driveway access to 131 St Street when the
DOT makes improvements to the jug handle or Lot 6 is developed (Note: The Board
prefers that the driveway be constructed along the southern property line of Lot 5
instead of the middle of the lot.),
• the portion of the jug handle between Highway 65 and 131 Street as a future road
reservation, and
• a drainage easement for the storm water pond (see Condition #7 below).
3. Prior to commencing construction, the applicant shall secure all necessary local, State, and
federal permits and approvals, including but not limited to a County sanitary permit.
4. Prior to commencing construction, the applicants must submit separate financial guarantees
equal to 120% of approved construction estimates in favor of St. Croix County, to be held by
the Planning and Zoning Department for each of the following items: an amount not to
exceed $15,000 for improvements to the Highway 65/G intersection as recommended and
agreed upon by the Wisconsin Department of Transportation and the St. Croix County
Highway Department; erosion control; landscaping; the paved driveway; the paved parking
lot; and the storm water management plan (to ensure proper construction). The initial
financial guarantee period shall be for a minimum of one year and shall automatically renew
until the county releases any or all of the financial guarantees:
• Written estimates must be submitted to the Planning and Zoning Department for
review and approval.
• No construction, including earth moving, shall take place prior to approval of the
financial guarantees
• The applicant shall have the engineer submit proof that the plans were installed as
approved. This document can be submitted in the form of an as -built or other
document that county staff can review to ensure the plans were installed in accordance
with the original design.
• Upon substantial completion of all required improvements, the applicant shall notify
the Zoning Administrator of the completion of the improvements in writing. The
Zoning Administrator, in consultation with appropriate experts, shall inspect the
improvements.
• The County may retain a portion of the guarantee, for a period not to exceed two years
after final acceptance of an improvement to ensure the project has been stabilized, this
amount is not to exceed 15% of the cost of the improvement.
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5. Prior to commencing construction, the applicants must submit to and have approved by the
Zoning Administrator a revised storm water and erosion control plan showing the
modifications to the outflow structure in the storm water pond recommended by the Land and
Water Conservation Department.
6. Prior to commencing construction, the applicants must submit to and have approved by the
Zoning Administrator a final revised site plan showing:
• new locations for the large pole and goal post signs in accordance with Condition #9
below,
• a Type BI intersection and bypass lane on Highway G as recommended by the St.
Croix County Highway Department,
• improvements to the Highway 65/G intersection as recommended and agreed upon by
the Wisconsin Department of Transportation and the St. Croix County Highway
Department,
• a 33 -foot easement along the entire length of the shared property line to the south of
Lot 5 to accommodate an alternative shared driveway access to 131 Street when the
DOT makes improvements to the jug handle or Lot 6 is developed (Note: The Board
prefers that the driveway be constructed along the southern property line of Lot 5
instead of the middle of the lot.),
• a sag vertical curve along Highway G, and
• additional evergreen and deciduous trees and various shrubs along Highway 65 to
substantially screen the parking lot and block vehicle headlights from the adjacent Ag
Residential property to the west (except in the vision triangle), as well as additional
evergreen and deciduous trees and shrubs along the northeast corner of the property
and along the eastern property line bordering the proposed 131 Street to screen
adjacent Ag Residential property to the east from vehicle headlights and lights from
the gas pump island and parking lot. Existing trees may remain, but no additional
trees or shrubs shall be planted in the required vision triangle for the Highway 65/G
intersection. The purpose is to reduce the glare from all lights, provide a noise barrier,
and enhance the overall appearance of the site.
The applicants shall be responsible for making all site and road improvements as shown on
the revised site plan.
7. Within 60 days of completing construction, the applicant must record: 1) the storm water
management plan (final site plan), 2) permanent drainage easements for all storm water
management facilities and retention areas, and 3) a maintenance and monitoring agreement
against the property, and provide a recorded copy to the Zoning Administrator. The intent is
to make future owners aware of the responsibilities associated with the plans as well as the
limitations incurred as a result of the plans and to ensure that storm water is retained on the
site in the event of future improvements to Highways 65 and G. Any changes incurred as a
result of future Highway 65 and Highway G projects will require that the property owner
submit a revised storm water management plan.
8. The property owner shall maintain a minimum of 206 paved parking spaces for all of the
buildings, and shall be responsible for contacting the Zoning Administrator prior to making
any changes or additions to the buildings or the site to determine if additional parking is
needed.
9. All signs must be located a minimum of 10 feet from all property lines, and all signs over 100
square feet in area must be located 500 feet from adjacent agricultural or residential
properties, unless a variance is obtained from this standard. All illuminated signs shall be
designed to reduce glare onto adjacent properties. No motion lights are allowed, and all
general standards in the St. Croix County Signage Ordinance shall be strictly adhered to. Any
change in on -site signage requires prior approval by the Zoning Administrator, who may
determine that approval from the Board of Adjustment is needed.
10. All light posts illuminating the parking lot, gas pump canopy, and walkways must be
downward directed and shielded away from neighboring properties with photo cells and /or
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timers set to the hours of the businesses. All lights on the buildings shall have a shielded light
source to reduce glare onto adjacent properties.
11. Hours of operation shall not extend beyond those stipulated in Exhibit 8 of the January 26,
2006 staff report.
12. The property shall be maintained in a neat and orderly matter with no un- screened outside
storage of any materials.
13. Within six months of completing construction of the entire project, the applicants shall submit
to the Zoning Administrator photos and an as -built drawing of all completed buildings, hard
surface, storm water management devices, signs, lights, road improvements, access drives,
and landscaping to ensure that everything has been constructed as designed and approved.
14. The applicant shall contact the Planning and Zoning Department to review this special
exception permit in two years from the approval date (February 8, 2008) for compliance with
the conditions of this approval.
15. Any change or addition in ownership of the buildings or businesses, use of the buildings or
type of businesses, or project details — including but not limited to expansion, signage,
landscaping, or lot /access changes — shall require review and approval by the Zoning
Administrator and in some circumstances through the special exception approval process as
stated in the Ordinance.
16. The applicant shall have one (1) year from the issuance of the special exception permit to
commence construction and two (2) years to substantially complete the project. Failure to do
so shall result in revocation 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.
17. These conditions may be amended or additional conditions may be added if unanticipated
conditions arise that would affect the health and/or safety of citizens or degrade the natural
resources of St. Croix County. Conditions will not amended or added without notice to the
applicant and an opportunity for a hearing.
18. Accepting this decision means that the applicant has read, understands, and agrees to all
conditions of this decision.
The following vote was taken to approve: Nelson, yes; Malick, yes; Jensen, yes; Luckey, yes;
Chairperson Speer, yes. Motion carried unanimously.
Gillen Lime Quarry and Trucking, Inc.
Motion by Jensen, second by Nelson to approve the special exception request to continue a nonmetallic
mining operation in the Town of Erin Prairie, based on the following findings:
1. The applicant is Joe Gillen, property owner, for Gillen Lime Quarry and Trucking, Inc.
2. The site is located on 170` Street in Section 10, T3 ON, RI 7W, Town of Erin Prairie, St. Croix
County, Wisconsin.
3. The applicant filed with the Planning and Zoning Department an application for a special
exception permit for an existing non - metallic mining operation pursuant to Section 17.15(6)(g)
and subject to provisions of Chapter 14, Nonmetallic Mining Ordinance.
4. The applicant has complied with annual reporting requirements and has paid annual
nonmetallic mining reclamation fees through 2006.
5. The applicant has no violations on record with the County.
6. The request is consistent with the terms of Rezoning Resolution (701) 2005.
7. The existing mine and proposed expansion do not constitute a nuisance by reason of noise,
dust, or other factor since the location is remote and adequately buffered, and a dust
abatement plan will be followed.
8. With the implementation of the long -term erosion control plan, the mining operation will not
be contrary to the public health, safety, or general welfare or be substantially adverse to
property values in the surrounding neighborhood.
9. This request does not violate the spirit or general intent of the Ordinance in that nonmetallic
mining is a permitted use in the Ag Residential District and is an industry that contributes to
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the County's economic well- being.
10. All property is properly zoned for nonmetallic mining pursuant to Section 17.14(6) and
Chapter 14, Section 14.3A. 1.b. of the St. Croix County General Zoning Ordinance.
11. The special exception request is consistent with all other provisions of Chapter 14 of the St.
Croix County General Zoning Ordinance.
12. The Land and Water Conservation Department supports the reclamation plan and has no
objection to this request.
13. The Wisconsin Department of Natural Resources has no objection to this request.
With the following conditions:
1. This special exception permit and variance allows nonmetallic mining to continue in its
present location and proceed according to the plans submitted on April 15, 2005 and revised
on October 17, 2005. Approval does not include any expansion or operations not indicated in
those plans.
2. The applicant shall be responsible for securing all other necessary local, state, and federal
permits and approvals throughout the duration of the mining operation.
3. Within 60 days of this approval, the applicant must file with the Zoning Administrator
financial assurance for site reclamation pursuant to Chapter 14.7 A.1 of the Ordinance. Site
reclamation to a native grassland meadow or agricultural croplands shall proceed according to
the reclamation plan submitted on October 17, 2005.
4. The mine shall be internally drained by September 1, 2006 and the operator shall submit to the
Zoning Administrator a Storm Water Pollution Prevention Plan as recommended by the
Department of Natural Resources in its e-mail dated February 2, 2006.
5. This permit is valid for a period of five years and expires February 8, 2011, after which time it
must be renewed pursuant to Section 14.3 A.6.a -b of the Ordinance.
6. Upon any change in ownership or operation of the mine, the applicant shall submit to the
Planning and Zoning Department the name and contact information of the owner and primary
mine operator. The operator shall comply with all of the general requirements and conditions
listed in the nonmetallic mining and reclamation standards in Chapter 14 — Nonmetallic
Mining Ordinance (unless varied per conditions).
7. The applicant shall be responsible for noise and dust abatement in accordance with the dust
abatement plan submitted on April 15, 2005. Upon complaints of loud noise, the applicant
shall be responsible for noise reduction from mining operations to at or below 50 dbA as
measured at all exterior lot lines throughout the duration of the permit.
8. The applicant shall maintain a 100 -foot setback and 60 -foot wide berms along the entire
perimeter of the mine throughout the duration of the mining operation in accordance with the
revised plans submitted on October 17, 2005.
9. Hours of operation shall not exceed 7:00 AM — 7 PM, Monday— Friday, except for rock
crushing and blasting, which shall occur no more than four weeks per year, six days per week
and which shall not extend beyond 7 PM. The operator may submit a written request for
(occasional /limited) extended hours to the Zoning Administrator for review and approval
ahead of time.
10. Any minor change (or addition) in area or use beyond what is shown in the plans shall require
review and approval by the Zoning Administrator. Major changes, including but not limited to
mining below the groundwater table, shall require the special exception approval process, as
stated in the Ordinance.
11. These conditions may be amended or additional conditions may be added if unanticipated
conditions arise that would affect the health and/or safety of citizens or degrade the natural
resources of St. Croix County. Conditions will not be amended or added without notice to the
applicant and an opportunity for a hearing.
12. Accepting this decision means that the applicant has read, understands, and agrees to all
conditions of this decision.
The following vote was taken to approve: Nelson, yes; Malick, yes; Jensen, yes; Luckey, yes;
Chairperson Speer, yes. Motion carried unanimously.
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Milestone Materials /Maths Construction
Motion by Nelson, second by Jensen to approve the special exception request to continue and expand
the nonmetallic mining operation at the Olson Pit in the Town of Stanton, based on the following
findings:
1. The applicant is Mathy Construction, the property owner.
2. The site is located at 1829 Highway H in Section 11, T3 IN, RI 7W, Town of Stanton, St. Croix
County, Wisconsin.
3. The applicant filed with the Planning and Zoning Department an application to renew a
special exception permit for an existing non - metallic mining operation pursuant to Section
17.15(6)(g) and subject to provisions of Chapter 14, Nonmetallic Mining Ordinance.
4. The applicant has complied with all of the conditions of the special exception permit and
variance approved on November 16, 2000, and has no violations on record with the County.
5. The applicant has complied with annual reporting requirements and has paid annual
nonmetallic mining reclamation fees through 2006.
6. The existing mine and proposed expansion do not constitute a nuisance by reason of noise,
dust, or other factor since the entire mining operation will be adequately buffered from
adjacent residences and berms will be constructed as needed to reduce noise to the adjacent
residence to the west.
7. The existing mine and proposed expansion will not be contrary to the public health, safety, or
general welfare or be substantially adverse to property values in the surrounding
neighborhood since it is internally drained and will be adequately buffered and screened from
adjacent residences.
8. This request does not violate the spirit or general intent of the Ordinance since nonmetallic
mining is a permitted use in the Ag II District and contributes to the County's economic well-
being.
9. With a condition for rezoning the Agricultural parcel to Ag II or Ag Residential, all property
will be properly zoned for nonmetallic mining pursuant to Section 17.14(6) and Chapter 14
of the St. Croix County General Zoning Ordinance.
10. The special exception request complies with the provisions of Chapter 14 of the St. Croix
County General Zoning Ordinance.
11. The Town of Stanton recommends approval of this special exception request.
12. The Land and Water Conservation Department supports the reclamation plan and has no
objections to this request.
13. The Wisconsin Department of Natural Resources supports the reclamation plan as part of its Prairie
Restoration Project and has no objections to this request.
14. There has been no public opposition to this request.
With the following conditions:
1. This special exception permit allows nonmetallic mining to proceed according to the plans
dated September 8, 2005 and submitted on October 10, 2005. Approval does not include any
expansion in area or operations not indicated in those plans.
2. The applicant must continue to meet all conditions of the November 16, 2000 special
exception and variance decision filed on November 21, 2000.
3. Prior to any further excavating on the site, the applicants shall construct berms within the 450 -
foot setback to Nole Cook's property to the west to provide additional screening for noise
reduction.
4. Prior to beginning any expansion into Phase I, the applicants shall rezone the 40 -acre
Agricultural parcel to Ag II or Ag Residential.
5. This permit is valid for a period of five years and expires February 8, 2011, after which time it
must be renewed pursuant to Section 14.3 A.6.a -b of the Nonmetallic Mining Ordinance.
6. Upon any change in ownership or operation of the mine, the applicant shall submit to the
Zoning Administrator the name and contact information of the owner and primary mine
operator. The operator shall comply with all of the general requirements and conditions listed
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in the nonmetallic mining and reclamation standards in Chapter 14 —Nonmetallic Mining
Ordinance (unless varied per conditions).
7. The operator may submit a written request for (occasional /limited) extended hours to the
Zoning Administrator for review and approval ahead of time.
8. The applicant shall be responsible for adhering to all local, state, and federal rules, regulations,
and permits during the life of the operation.
9. Any minor change (or addition) in area or use beyond what is shown in the plans shall require
review and approval by the Zoning Administrator. Major changes, including but not limited to
mining below the groundwater table, shall require the special exception approval process, as
stated in the Ordinance.
10. These conditions may be amended or additional conditions may be added if unanticipated
conditions arise that would affect the health and/or safety of citizens or degrade the natural
resources of St. Croix County. Conditions will not be amended or added without notice to the
applicant and an opportunity for a hearing.
11. Accepting this decision means that the applicant has read, understands, and agrees to all
conditions of this decision.
12. Upon complaints of loud noise, the applicant shall be responsible for noise reduction from
mining operations to at or below 50 dbA as measured at all exterior lot lines throughout the
duration of the permit.
The following vote was taken to approve: Nelson, yes; Malick, yes; Jensen, yes; Luckey, yes;
Chairperson Speer, yes. Motion carried unanimously.
Anderson Excavating, Inc.
Motion by Malick, second by Jensen to approve the special exception and variance requests to continue
and expand a nonmetallic mining operation in the Town of Rush River, based on the following findings:
1. The applicant and property owner is Anderson Excavating, Inc.
2. The site is located on Highway 63 in Section 24, T28N, R17W, Town of Rush River, St. Croix
County, Wisconsin.
3. The applicant has complied with annual reporting requirements and has paid annual
nonmetallic mining reclamation fees through 2006.
4. The Land and Water Conservation Department supports the reclamation plan and has no
objections to these requests.
5. The Wisconsin Department of Natural Resources has no objections to these requests but has
requested additional information.
6. There has been no public opposition to these requests.
Special Exception Findings and Conclusions:
7. The applicant filed with the Planning and Zoning Department an application to renew a
special exception permit for an existing non - metallic mining operation pursuant to Section
17.15(6)(g) and subject to provisions of Chapter 14, Nonmetallic Mining Ordinance.
8. The applicant had one violation in August 2003 for mining outside of the permitted area to the
south. The applicant has reclaimed the area and has had no further violations.
9. The existing mine and proposed expansion do not constitute a nuisance by reason of noise,
dust, or other factor since the location is remote and adequately buffered, and the intensity of
the mining activities is low.
10. With conditions for storm water management/internal drainage and screening along the
eastern property line, the existing mine and proposed expansion will not be contrary to the
public health, safety, or general welfare or be substantially adverse to property values in the
surrounding neighborhood.
11. This request does not violate the spirit or general intent of the Ordinance in that nonmetallic
mining is a permitted use in the Ag Residential District and is an industry that contributes to
the County's economic well- being.
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12. With a condition for rezoning the Agricultural parcel to Ag Residential, all property will be
properly zoned for nonmetallic mining pursuant to Section 17.14(6) and Chapter 14, Section
14.3 A. Lb. of the St. Croix County General Zoning Ordinance.
13. The special exception request is consistent with all other provisions of Chapter 14 of the St.
Croix County General Zoning Ordinance.
Variance Findings and Conclusions:
14. The applicant filed with the Planning and Zoning Department an application for a variance to
retain a portion of their existing mining operation located within the 100- setback area pursuant
to Section 14.2 A.7.a. of the Nonmetallic Mining Ordinance.
15. Access to the property and excavated area within the 100 -foot setback area was permitted as
part of the 1991 special exception permit and existed in their present location before the
Guerkinks lot was created and sold. The Guerkinks support approval of the variance.
16. Granting the variance to the 100 -foot setback does not violate the spirit and intent of the
Ordinance since the encroachment already exists and will not be expanded or actively mined
in the future. The majority of the mining area within the buffer has already been reclaimed.
With the following conditions:
1. This special exception permit and variance allows nonmetallic mining to continue in its
present location and proceed according to the plans submitted on October 14, 2005. Approval
does not include any expansion or operations not indicated in those plans.
2. Prior to commencing Stage I and II expansions, the applicant shall be responsible for securing
all other necessary permits and approvals from local, state and federal agencies, including but
not limited to required permits from the DNR. The applicant shall submit to the Zoning
Administrator the following information as requested by the DNR in its e-mail dated February
2, 2006:
• a wetland delineation,
• depth to seasonally high groundwater,
• confirmation of necessary oil and grease sampling of ponds intercepting
groundwater,
• information on internal drainage and BMPs for future mining stages, and
• sizing information for the storm water ponds.
3. Prior to commencing Stage I and II expansions, the applicant must file with the Zoning
Administrator financial assurance for site reclamation pursuant to Chapter 14.7 A.1 of the
Ordinance and in accordance with the reclamation plan submitted on October 14, 2005.
4. Prior to commencing the Stage I expansion into the hillside on the 40 -acre parcel to the west,
the applicants must rezone the parcel from Agricultural to Ag Residential.
5. Prior to commencing the Stage I and 11 expansions, the applicants shall construct the storm
water ponds and all necessary erosion control devices to ensure internal drainage during future
mining operations. A double row of silt fence shall be installed down gradient of Stage 11
initial operation.
6. Prior to commencing any Stage 11 expansion, access to the site shall be moved to the southerly
driveway, and vegetation, berms, and /or fencing shall be installed along the eastern property
line to substantially screen adjacent residential properties from mining activities.
7. Within 60 days of this approval, the fuel storage area shall be eliminated or brought into
compliance by locating absorbent pads designed to accept petroleum products at the refueling
site in accordance with state and federal OSHA standards. Secondary containment or the
installation of a double - walled tank may also be required to meet state and federal standards.
8. These requests are approved unless the Town of Rush River requests a reconsideration based
on new information from the Town Board meeting no later than February 15, 2006.
9. This permit is valid for a period of five years and expires February 8, 2011, after which time it
must be renewed pursuant to Section 14.3 A.6.a -b of the Ordinance.
10. Upon any change in ownership or operation of the mine, the applicant shall submit to the
Zoning Administrator the name and contact information of the owner and primary mine
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operator. The operator shall comply with all of the general requirements and conditions listed
in the nonmetallic mining and reclamation standards in Chapter 14 — Nonmetallic Mining
Ordinance (unless varied per conditions).
11. Site reclamation to a native grassland with wildlife ponds shall proceed according to the
reclamation plan submitted on October 14, 2005.
12. The applicant shall be responsible for noise and dust abatement in accordance with NR 415.
Upon complaints of loud noise, the applicant shall be responsible for noise reduction from
mining operations to at or below 50 dbA as measured at all exterior lot lines throughout the
duration of the permit.
13. The applicant shall maintain a 100 -foot buffer along the west, south, and east property lines.
14. Hours of operation shall not exceed 7:00 a.m. — dusk, Monday — Saturday. The operator may
submit a written request for (occasional /limited) extended hours to the Zoning Administrator
for review and approval ahead of time.
15. Any minor change (or addition) in area or use beyond what is shown in the plans shall require
review and approval by the Zoning Administrator. Major changes, including but not limited to
mining below the groundwater table (except for excavating the storm water ponds), shall
require the special exception approval process, as stated in the Ordinance.
16. These conditions may be amended or additional conditions may be added if unanticipated
conditions arise that would affect the health and /or safety of citizens or degrade the natural
resources of St. Croix County. Conditions will not be amended or added without notice to the
applicant and an opportunity for a hearing.
17. Accepting this decision means that the applicant has read, understands, and agrees to all
conditions of this decision.
The following vote was taken to approve: Nelson, yes; Malick, yes; Jensen, yes; Luckey, yes;
Chairperson Speer, yes. Motion carried unanimously.
The meeting declared adjourned at 12:05 p.m.
Respectfully submitted, I:b4
Sue Nelson, Secretary Debra Murphy, Recording e ret
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