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HomeMy WebLinkAboutBoard of Adjustment 02-23-06 ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, February 23, 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: March 23, 2006 E. HEARINGS 1) See attached Public Hearing Notice F. UNFINISHED BUSINESS G. NEW BUSINESS: H ANNOUNCEMENTS AND CORRESPONDENCE 1) Hirsch Update 2) Calleja Update I. ADJOURNMENT (Agenda not necessarily presented in this order.) SUBMITTED BY: St. Croix County Planning and Zoning Department DATE: February 16, 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, February 23, 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 1. APPLICANT: Robert and Johanna Nagel,owners/Dayspring Development, agent LOCATION: The NE 1 /4 of the NW 1 /4, Section 5, T30N -R19W, Town of Somerset ADDRESS: 481 180 Avenue, Somerset, WI REQUEST: Special Exception request for filling and grading on slopes 20% or greater to construct a joint driveway pursuant to Section 17.15(6)(t) of the St. Croix County Zoning Ordinance. 2. APPLICANT: Nancy P. Doar, owner LOCATION: Part of the SW 1 /4 of the NE 1 /4 and the SE 1 /4 of the NE %4, Section 4, T30N- R18W, Town of Richmond ADDRESS: 1171 Highway 64, New Richmond, WI REQUEST: Special exception request for a major home occupation in the Ag/Residential District pursuant to Section 17.155(5) of the St. Croix County Zoning Ordinance. The request is for a permit to operate a beauty salon in an existing accessory structure on the site. 3. APPLICANT: CANCELED: Gerald L. and Jodene R. VanDam, owners LOCATION: Part of the SW 1 /4 of the NE 1 /4 and the NW 1 /4 of the SE 1 /4, Section 8, T31N- R18W, Town of Star Prairie ADDRESS: 2251 95 Street, New Richmond, WI REQUEST: Special exception request for filling and grading in the Shoreland District of Squaw Lake to construct a single family residence pursuant to Section 17.29(2)(c) of the St. Croix County Zoning Ordinance. VARIANCE 4. APPLICANT: CANCELED: Belisle Excavating, Inc., owner LOCATION: The S %2 of the SE 1 /4 of Section 28 and the N % of the NE 1 /4 , Section 33, T31N -R19W, Town of Somerset ADDRESS: 489 192nd Avenue, Somerset, WI 54025 REQUEST: Variance to the 100 -foot buffer requirement pursuant to Section 14.2(A)7.a. of the St. Croix County Non - Metallic Mining 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. 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 Thursday, February 23, 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 1. APPLICANT: Robert and Johanna Nagel,owners/Dayspring Development, agent LOCATION: The NE' /4 of the NW '/4, Section 5, T30N -R19W, Town of Somerset ADDRESS: 481 180 Avenue, Somerset, WI REQUEST: Special Exception request for filling and grading on slopes 20% or greater to construct a joint driveway pursuant to Section 17.15(6)(t) of the St. Croix County Zoning Ordinance. 2. APPLICANT: Nancy P. Doar, owner LOCATION: Part of the SW 1 /4 of the NE' /4 and the SE t/4 of the NE %4, Section 4, T30N- R18W, Town of Richmond ADDRESS: 1171 Highway 64, New Richmond, WI REQUEST: Special exception request for a major home occupation in the Ag/Residential District pursuant to Section 17.155(5) of the St. Croix County Zoning Ordinance. The request is for a permit to operate a beauty salon in an existing accessory structure on the site. 3. APPLICANT: Gerald L. and Jodene R. VanDam, owners LOCATION: Part of the SW i / 4 of the NE' /4 and the NW '/4 of the SE t /4, Section 8, T31N- R18W, Town of Star Prairie ADDRESS: 2251 95 Street, New Richmond, WI REQUEST: Special exception request for filling and grading in the Shoreland District of Squaw Lake to construct a single family residence pursuant to Section 17.29(2)(c) 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. Julie Speer, Chairperson St. Croix County Board of Adjustment OFFICIAL BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES February 23, 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: David Fodroczi, Planning and Zoning Director, 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 the deletion of Items 3 and 4 (VanDam and Belisle). The next meeting for the Board will be March 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 Motion by Nelson, seconded by Malick to adopt the minutes from the February 8, 2006 hearing, with minor changes. 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, February 23, 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 1. APPLICANT: Robert and Johanna Nagel,owners/Dayspring Development, agent LOCATION: The NE' /4 of the NW %4, Section 5, T30N -R19W, Town of Somerset ADDRESS: 481 180 Avenue, Somerset, WI REQUEST: Special Exception request for filling and grading on slopes 20% or greater to construct a joint driveway pursuant to Section 17.15(6)(t) of the St. Croix County Zoning Ordinance. 2. APPLICANT: Nancy P. Doar, owner LOCATION: Part of the SW t /4 of the NE t /4 and the SE t /4 of the NE t /4, Section 4, T30N- R1 8W, Town of Richmond ADDRESS: 1171 Highway 64, New Richmond, WI REQUEST: Special exception request for a major home occupation in the Ag/Residential District pursuant to Section 17.155(5) of the St. Croix County Zoning Ordinance. The request is for a permit to operate a beauty salon in an existing accessory structure on the site. 3. APPLICANT: CANCELED: Gerald L. and Jodene R. VanDam, owners LOCATION: Part of the SW t /4 of the NE '/4 and the NW I /4 of the SE t /4, Section 8, T3 1N- RI 8W, Town of Star Prairie ADDRESS: 2251 95 Street, New Richmond, WI REQUEST: Special exception request for filling and grading in the Shoreland District of Squaw Lake to construct a single family residence pursuant to Section 17.29(2)(c) of the St. Croix County Zoning Ordinance. VARIANCE 4. APPLICANT: CANCELED: Belisle Excavating, Inc., owner LOCATION: The S %2 of the SE '/4 of Section 28 and the N %2 of the NE 1 /4, Section 33, T3 IN-RI 9W, Town of Somerset ADDRESS: 489 192nd Avenue, Somerset, WI 54025 REQUEST: Variance to the 100 -foot buffer requirement pursuant to Section l 14.2(A)7.a. of the St. Croix County Non - Metallic Mining 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. Julie Speer, Chairperson St. Croix County Board of Adjustment Robert Nagel/ Dayspring Development Special Exception request for filling and grading on slopes 20% or greater to construct a joint driveway to access two lots in the proposed Dayspring Development subdivision. Staff presented the request to the Board through a PowerPoint® presentation and went over the staff report. This request came in under the old ordinance, so requires a special exception. Under the new ordinance, it would require a variance. Jason Paukner, representing the applicant, 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. The Board had questions on tree removal for the project, and Paukner stated that tree removal would be minimal. It was suggested by Malick that the Board should look at a condition in the decision addressing tree removal. There was no opposition to the request. Nancy Doar Special exception request for a major home occupation in the Ag/Residential District to allow the applicant to operate a beauty salon in an existing accessory structure on the site. Staff presented the request to the Board through a PowerPoint® presentation and went over the staff report and plans for the accessory structure. Shillcox pointed out that the joint driveway on the site has been there for many years, and also serves an existing carpet shop. The owners of the carpet shop are working with the DOT on obtaining a commercial driveway permit. Nancy Doar, was sworn in and stated, among other things, that she agreed with staff presentation, and added that she will be the only person employed in the beauty salon. She also stated that the parking area is paved. The Board had no questions. There was no opposition to the request. 2 The Board recessed from 9:15 a.m. to 11:05 a.m. to view the sites. DECISIONS: After hearing testimony on the requested special exception applications, reviewing the material in the record, and conducting a site visit, the Board rendered the following decisions: Robert Nagel/ Dayspring Development Motion by Malick, second by Luckey to table the special exception request for filling and grading on slopes 20% or greater to construct a joint driveway, until the March 23, 2006 hearing, based on the following reasons: The Board requested that staff review the driveway provisions under the old and newly updated land division ordinances to ensure that the correct procedure is followed and the proper approvals are obtained to reduce the width of the joint driveway from 26 feet to 12 feet, either partially or in its entirety, in order to reduce the amount of filling and grading on slopes greater than 20 percent. Staff is to address the Planning and Zoning Committee on this matter at its meeting on March 14, 2006. The following vote was taken to table: Jensen, yes; Luckey, yes; Malick, yes; Nelson, yes; Chairperson Speer, yes Motion carried on a 5 -0 vote. Nancy Doar Motion by Nelson, second by Malick to approve the request for a major home occupation in the Ag/Residential District to operate a beauty salon in an existing accessory structure on the site, based on the following findings: 1. The applicant is Nancy Doar, property owner, 1711 Highway 64, New Richmond, WI 54017. 2. The site is located in part of the SW '/4 of the NE '/a and the SE 1 /4 of the NE 1 /4 of Section 4, T30N -RI 8W, Town of Richmond, St. Croix County, Wl. 3. The applicants filed an application with the Board of Adjustment for a special exception permit for a major home occupation to operate a beauty salon pursuant to Section 17.155(5) of the St. Croix County Zoning Ordinance. 4. This request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that major home occupations are allowed in the Ag Residential District. Approval of this request will allow for a small, locally owned and operated business along a highly traveled corridor leading into New Richmond. Additionally, the proposed salon will complement existing commercial businesses and will not detract from existing residences in the surrounding area. 5. The proposed beauty salon meets all of the general standards for home occupations pursuant to Section 17.155(4)(a) -(h), and standards specific to major home occupations pursuant to Section 17.155(6)(a) -(f) of the St. Croix County Zoning Ordinance. 6. This request will not negatively impact the public health, safety or general welfare of the public, nor will it be substantially adverse to property values in the neighborhood due to the fact that the parking area is screened from Highway 64 and adjacent properties to the north by a hill, and the properties to the west and south are commercial and governmental in use. Family members own the property to the east. The proposed salon will be consistent in design and character with these existing land 3 uses. 7. This request does not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors as no services or operations will occur outside of the accessory garage, and no loud noises, smoke, or odors will be produced. With the following conditions: 1. This special exception permit allows the applicant, Nancy Doar, to operate a beauty salon out of an accessory garage on her property as indicated in the application submitted on January 17, 2006, and the drawings submitted on January 23, 2006. Approval for this special exception permit does not include any additional structures, services, or operations not indicated in the materials as part of the proposed major home occupation. 2. This special exception permit shall be temporary in nature and shall be granted only to Nancy Doar at her current address. It shall not be transferable from person to person or address to address. 3. Prior to commencing the major home occupation, the applicant shall obtain any other required local, state, or federal permits and approvals, including but not limited to a commercial driveway permit from the Wisconsin Department of Transportation. 4. The existing hill and trees shall be maintained to substantially screen all parked vehicles from adjacent properties and public roads. Additional trees and shrubs shall be planted by the applicant as needed to ensure proper screening. 5. Hours of operation shall not extend beyond 9:00 AM and 7:00 PM. 6. The applicant shall have no more than one employee in addition to herself. 7. The applicant shall be responsible for keeping the property in a neat and orderly manner. No materials or equipment shall be stored outside or be allowed to accumulate on the property. 8. All lighting associated with the business shall be illuminated downward and shielded away from neighboring properties to minimize glare. 9. Signage shall be limited to one two- square foot fagade sign on the accessory structure. 10. No onsite retail sales shall be allowed, including the resale of make -up, hair care, or other beauty products and accessories for purchase by the general public. 11. The applicant shall be responsible for contacting the Zoning Administrator to review this special exception permit in two years from the approval date for compliance (February 2008). 12. Any minor change or addition to the major home occupation, including but not limited to a change in use or the addition of services or staff, shall require review and approval by the Zoning Administrator prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 13. These conditions may be amended or more 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 changed without notice to the applicant and opportunity for a hearing. 14. 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; Luckey, yes; Jensen, yes; Chairperson Speer, yes. Motion carried unanimously. 4 ANNOUNCEMENTS: Hirsch Update: Shillcox informed the Board that the court ruled in favor of the county on the Motion for Summary Judgment, and the Board's decision stands. Calleja Update: Staff has had conversations with the Highway Department on the improvements to Highway 65 and County Road G. The Highway Department is not sure if . they can come up with the funds for this project. They will work with the DOT and the owners to see what they can work out. The meeting declared adjourned at 12:05 p.m. Respectfully submitted, Sue Nelson, Secretary Debra Murphy, Recording Secretary 5