HomeMy WebLinkAboutBoard of Adjustment 04-10-06 ST. CROIX COUNTY BOARD OF ADJUSTMENT
Monday, April 10, 2006
9:00 a.m.
Government Center, Hudson, Wisconsin- Room 1281
AGENDA
A. CALL TO ORDER/ ROLL CALL
B. OPEN MEETING LAW STATEMENT
C. ACTION ON PREVIOUS MINUTES
D. DATE OF NEXT MEETING: April 27, 2006
E. HEARINGS - None
F. UNFINISHED BUSINESS:
1) Tabled on March 23,2006 Gerald L. and Jodene R. VanDam (Town of Star Prairie) -
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.
2) Tabled on March 23, 2006: Belisle Excavating, Inc., owner (Town of Somerset) —
Item #1: Special Exception request for an existing non - metallic mining
operation pursuant to Section 17.15(6)(g) and subject to Chapter 14.
Item #2: Variance to the 100' setback standard pursuant to Section 14.2 A.7.a.of the St.
Croix County Zoning Ordinance.
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: March 28, 2006
COPIES TO: County Board Office County Clerk
Board Members News Media/Notice Board
* CANCELLATIONS /CHANGE S /ADDITIONS
OFFICIAL
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
April 10, 2006
(This hearing recorded by a Court Reporter)
The meeting was called to order by Chairperson Julie Speer at 9:00 a.m. A roll call was
made. Julie Speer, Art Jensen, Sue Nelson, and Buck Malick were present. Linda Luckey was
absent and excused. Staff included: David Fodroczi, Planning and Zoning Director, Jenny
Shillcox, Zoning Specialist, Steve Olson, Land and Water Conservation Department, Bob
Bezek, Code Administrator 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 April 27, 2006. The meeting will be held in the
Community Room at the Government Center. The starting time will be 8:30 a.m.
The hearing was opened and testimony taken and recorded by a court reporter.
UNFINISHED BUSINESS (Tabled Items)
Gerald and Jolene VanDam
Special exception request for filling and grading in the Shoreland District of Squaw Lake to
construct a single - family residence. This request was tabled at the March 23` hearing to allow
the staff to review the concerns expressed by the applicants and their attorney. The request is
being brought back before the Board today. Shillcox presented a revised staff report and went
over that report with the Board. Staff believes this report addresses some of the concerns
expressed.
Catherine Munkittrick, sworn in, is the attorney representing the VanDams. She went over the
revised staff report pointing out areas of concerns (conditions 1,3,4,5,6,8,9,) particularly with
the amount of lawn area being proposed in the conditions. She and her clients are strongly
against this proposal. A lengthy discussion was held on the existing cabin on the site.
Eunice Post, sworn in, is with the Wisconsin Department of Natural Resources. They have no
objections to the request. She further added that a sensitive area identification has been done on
this lake and that it is important that any filling and grading done in the shoreland of Squaw
Lake should follow all rules in place for the lake's protection.
There were no objections to the request.
The Board recessed from 10:10 a.m. to 10:25 a.m.
After some discussion by the Board following action was taken: Motion by Malick, second by
Jensen to approve the special exception request for filling and grading in the Shoreland District
of Squaw Lake to construct a single - family residence, based on the following findings:
1. The applicants are Gerald and Jodene Van Dam, property owners, 2251 95` Street,
New Richmond, WI 54017.
2. The site is located in the SW 1 /4 of the NE' /4 and the NW 1 /4 of the SE' /4 of Section 8,
T3 1N, R18W, Town of Star Prairie, St. Croix County, WI.
3. The applicant filed an application with the Board of Adjustment for an after - the -fact
special exception permit to fill and grade in the Shoreland District of Squaw Lake
pursuant to Section 17.29(2)(c) 1 -3 of the St. Croix County Zoning Ordinance.
4. With conditions for managing storm water runoff to minimize the risk of water pollution
and sedimentation in Squaw Lake, as well as conditions for preserving shoreline habitat
in the 35 -foot OHWM buffer to maintain the natural and ecological characteristics of the
Designated Sensitive Area of the Squaw Lake shoreline, this request will not violate the
spirit or general intent of the Shoreland District pursuant to Sections 17.26 (3)(b)5.a. -c.
and 7.a. and c. of the St. Croix County Zoning Ordinance.
5. With conditions for managing storm water runoff, limiting the use of phosphorous
fertilizers, and preserving shoreline habitat between the house and the OHWM, 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.
6. This request does not constitute a nuisance by reason of noise, dust, smoke, odor or
other similar factors.
7. With conditions for restoring the native vegetation on the disturbed area and managing
storm water from the added impervious coverage, this request will comply with the
requirements of Section 17.70 7.b.2, 3 and 5 of the Ordinance.
8. The St. Croix County Land and Water Conservation Department supports the storm
water management and erosion control plan with conditions for using only phosphorous -
free fertilizer; submitting an operation and maintenance agreement for the infiltration
basins and recording it against the property; securing a financial guarantee for storm
water and erosion control; and providing an as -built drawing of the completed
construction.
9. The Town of Star Prairie recommends approval of this request.
10. The Squaw Lake Management District recommends approval of this request in
compliance with recommendations from County and DNR staff.
11. The Wisconsin Department of Natural Resources does not object to this request if the
recommendations for Designated Sensitive Area #3 in the publication, Designation of
Sensitive Areas of Squaw Lake, St. Croix County, are met, and if 100 percent of the
storm water runoff from all impervious coverage on the site is infiltrated.
12. Based on information provided to the Board, the existing shed and —30 -foot view and
access corridor pre -exist the Ordinance and are allowed to continue as allowed by the
Ordinance.
With the following conditions:
1. This after - the -fact special exception permit allows the applicants to disturb over 8,500
square feet of land in the shoreland area of Squaw Lake to construct a house and attached
garage as indicated in the plans submitted on December 29, 2005 and described in the
staff report. Approval for this special exception permit does not include any additional
grading and filling, structures, or impervious coverage not shown or indicated in the
plans.
2. The applicants shall be responsible for securing any additional permits from the Town of
Star Prairie and obtaining any other required local, State, or Federal permits and
approvals.
3. Throughout the remainder of the construction, the smallest amount of bare ground shall
be exposed for as short a time as possible. Immediately upon completion of the
construction, temporary ground cover such as mulch shall be used. Within 60 days of
this decision, the applicant shall submit to and have approved by the Zoning
Administrator a vegetation plan to incorporate permanent native grasses, shrubs, and
trees into the landscaping of the disturbed area lakeward of the building line to provide
natural habitat similar to what exists on the undisturbed areas on the site, with some open
lawn area not to exceed 60 percent in said area.
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4. During and after construction, the applicant shall follow the recommendations for
Designated Sensitive Area #3 in the Wisconsin Department of Natural Resources report
titled, "Designation of Sensitive Areas of Squaw Lake, St. Croix County".
5. The applicants shall not use phosphorous fertilizers to establish and maintain a lawn on
the disturbed area of the site, unless they supply a soil test confirming that phosphorous is
needed.
6. Within 30 days of this approval, the applicants must submit a financial guarantee equal to
120% of approved installation estimates in favor of St. Croix County, to be held by the
Planning and Zoning Department for the storm water management measures to ensure
proper installation. 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 Zoning Administrator 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 or registered landscape architect 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 (see Condition #8).
• 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.
7. Within 60 days of this approval, the applicants shall execute and record affidavits
against the property describing the following items:
• this special exception decision,
• the revised storm water management plan, and
• an operation plan and maintenance agreement for the permanent storm water
management measures.
8. The applicants shall provide recorded copies to the Zoning Administrator at this time.
The intent is to make the current and future owners aware of the responsibilities as
well as the limitations incurred as a result of the conditions of this decision and the
associated plans.
9. Within 60 days of completing construction, the applicants shall submit to the Zoning
Administrator written certification or record drawings prepared by the project engineer
or registered landscape architect ensuring that all construction, final grading, and
storm water measures have been completed as planned, and photographs of the
property as viewed from all angles, including from the lake.
10. Within one year from the approval the special exception permit, the applicants shall
bring the existing cabin into compliance with the Zoning Ordinance. From the time the
new structure is occupied until the existing cabin is brought into compliance, the
existing cabin shall not be occupied or used as a habitable structure. The applicants
shall provide written notification to the Zoning Administrator when this has been
done, at which time the Zoning Administrator shall conduct an inspection. Bringing
the cabin into compliance will entail one of the following:
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• removing the entire structure from the property;
• modifying the building such that it is no longer a habitable structure by removing
all living quarters — including removal of all household appliances, plumbing
fixtures, and household furniture — and abandoning the sanitary system in
accordance with Conditions #4, 5 and #7 of St. Croix County Sanitary Permit
#487962 issued on October 31, 2005; or
• submitting an application to the Planning and Zoning Department to create a new
lot to ensure that each residence is on a separate parcel, provided the new lot meets
all of the requirements of the St. Croix County Land Division Ordinance.
11. 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 and the Land
and Water Conservation Department 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.
12. The applicants shall have one (1) year from the issuance of the special exception
permit to commence construction. Failure to do so shall result in revocation of the
special exception permit. If the special exception permit expires before construction
commences, the applicant will be required to secure a new special exception permit
before starting or completing construction on the project.
13. 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.
14. Accepting this decision means that the applicants have read, understand, and agree to
all conditions of this decision.
The following vote was taken to approve: Nelson, yes; Malick, yes; Jensen, yes; Chairperson
Speer, yes. Motion carried on a 4 -0 vote.
Thomas Belisle
Item #1: Special Exception request for an existing non - metallic mining
operation pursuant to Section 17.15(6)(g) and subject to Chapter 14.
Item #2: Variance to the 100' setback standard pursuant to Section 14.2 A.7.a.of the St. Croix
County Zoning Ordinance.
This request was tabled at the March 23 hearing for additional information regarding variance
to the 100 -foot setback for a wash area, the height of the berm and the hours of operation. Staff
has worked with the applicant on the requests. Shillcox went over the revised staff report.
There will be trees planted on the berm that is located near the road right -of -way. The hours of
operation are requested to be six days a week from 7:00 a.m. to 4:00 p.m.. The applicant is
looking at a Quit Claim Deed from the adjoining property owner to allow the wash area to stay
in its current location. If this happens, a variance would not be needed.
There were no objections to the request.
After a discussion held by the Board the following action was taken: Motion by Malick,
second by Jensen to approve the request with the revised findings and conditions as follows:
General Findings and Conclusions:
1. The applicant is Thomas Belisle, the owner of the property and of Belisle Excavating,
Inc.
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2. The site is located at 489 192 Avenue in Sections 28 and 33, T3 IN, RI 9W, Town of
Somerset, 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 Town of Somerset recommends approval of these requests.
5. The Land and Water Conservation Department supports the reclamation plan and has
no objections to these requests.
6. The Wisconsin Department of Natural Resources has no objections to these requests
provided the applicants notify the Department if their internal drainage status changes
during future phases.
Special Exception Findings and Conclusions:
7. The applicant filed with the Planning and Zoning Department an application for a
special exception permit to continue and expand 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 existing mine and proposed expansion do not constitute a nuisance by reason of
noise, dust, or other factor since the location adequately buffered and has existed in
the present location for over 20 years.
9. With conditions for maintaining a permanent berm and screening along 45`" Street, 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.
10. 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.
11. The special exception request is consistent with the provisions of Chapter 14 of the St.
Croix County General Zoning Ordinance.
Variance Findings and Conclusions:
12. 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 -
foot setback area pursuant to Section 14.2 A.7.a. of the Nonmetallic Mining Ordinance.
13. Upon consultation with County Corporation Counsel, the Board of Adjustment has
determined that since active mining will not occur within the existing excavated area
along 45`" Street, the 100 -foot buffer requirement will be met and a variance is not
needed for this area of encroachment.
14. Literal enforcement of the Ordinance would not result in unnecessary hardship with
respect to the location of the wash pond within the setback of the adjacent Belisle
property since the applicants have adequate space on their property to relocate the
wash area outside of the required 100 -foot setback.
With the following conditions:
1. This special exception permit allows nonmetallic mining to continue in its present
location and proceed according to the plans submitted on October 17, 2005 and
addendums dated January 12, 2006. Approval does not include any expansion in area
or operations not indicated in those plans.
2. Within 60 days of this approval, the applicant must file with the Zoning Administrator
financial assurance in the amount of $187,100 for site reclamation pursuant to Chapter
14.7 A.1 of the Ordinance. Site reclamation to a native grassland/scrubland shall
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• proceed according to the reclamation plan submitted on October 17, 2005 and
addendums dated January 12, 2006.
3. The applicant shall ensure that the fuel storage area complies with state standards for
secondary containment or the installation of a double - walled tank. Absorbent pads,
designed to accept petroleum products, must be located at the refueling site in
accordance with State and federal OSHA standards.
4. The applicant shall be responsible for noise and dust abatement in accordance with NR
415 and any federal requirements. 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.
5. Hours of operation shall not exceed 7:00 AM — 6:00 PM, Monday— Friday, and 7:00
AM — 4:00 PM on Saturdays. The operator may submit a written request for
(occasional /limited) extended hours to the Zoning Administrator for review and
approval ahead of time.
6. The applicant shall be responsible for adhering to all local, state, and federal rules,
regulations, and permits during the life of the operation.
7. The applicant shall notify the Zoning Administrator and the Department of Natural
Resources prior to commencing any phases that will change the internal drainage
status of the mine.
8. Upon any change in ownership or operation, the applicant shall supply the Planning
and Zoning Department with the name and contact information of the 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 Minin,§ Ordinance (unless varied per conditions).
9. The berm along 45 Street shall remain permanently after mining ceases for safety
purposes and buffering purposes, and shall be planted and maintained with native
evergreen trees and shrubs that are staggered for a more natural appearance.
10. This permit is valid for a period of five years and expires April 10, 2011, after which
time it must be renewed pursuant to Section 14.3 A.6.a -b of the Ordinance.
11. The applicant shall be responsible for securing proper permits and approvals prior to
any change in use of the existing office and shop site. Future use of office and shop
site may require a special exception permit and/or rezoning the property to
Commercial.
12. 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 shall require
the special exception approval process, as stated in the Ordinance.
13. 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.
14. Accepting this decision means that the applicant has read, understands, and agrees to
all conditions of this decision.
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the
Board denied the applicant's variance request, with the following condition:
1. Within one year of this decision, the applicants shall bring the wash area into
compliance with the setback requirements in the Nonmetallic Mining Ordinance.
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The following vote was taken to approve the special exception permit and deny the variance
based on the above findings and conditions: Nelson, yes; Malick, yes; Jensen, yes;
Chairperson Speer, yes. Motion carried on a 4 -0 vote.
The meeting declared adjourned at 11:10 a.m.
Respectfully submitted,
V
Sue Nelson, Secretary Debra Murphy, Recordi6 Se etary
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