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HomeMy WebLinkAboutBoard of Adjustment 04-27-06 4 ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, April 27, 2006 8:30 a.m. Government Center, Hudson, Wisconsin- Community Room AGENDA A. CALL TO ORDER/ ROLL CALL B. OPEN MEETING LAW STATEMENT C. ACTION ON PREVIOUS MINUTES D. DATE OF NEXT MEETING: May 25, 2006 E. HEARINGS - See Attached 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: April 19, 2006 COPIES TO: County Board Office County Clerk Board Members News Media/Notice Board *CANCELLATIONS /CHANGES /ADDITIONS I i PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, April 27, 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: Ann Burton, owner LOCATION: The SE 1/4 of the SW 1/4, Section 33, T31N -R16W, Town of Cylon ADDRESS: 1818 County Road D REQUEST: Item #1: Variance request to the setback and vision triangle requirements of a road or highway to locate a home on an existing parcel in the Ag/Residential District pursuant to Section 17.60(6)(c) of the St. Croix County Zoning Ordinance. Item #2: Variance request to the driveway separation from an intersection prior to 17.67(d) 4 of the St. Croix County Zoning Ordinance SPECIAL EXCEPTION 2. APPLICANT: Alice, Inc. / Rivers Edge- John, Robert & William Raleigh LOCATION: The SE' /4 and the SW 1 /4, Section 31, T31N -R18W, Town of Star Prairie ADDRESS: Highway 64 REQUEST: Request for an amendment to an existing special exception permit issued May 26, 1981 to add four signs. 3. APPLICANT: Scott & Tracey Simon, owners/ Milestone Materials, agent LOCATION: The NE' /4 of the SE' /4 and the SE' /4 of the SE 1 /4, Section 1, T29N -R15W, Town of Springfield ADDRESS: Off of County Road W REQUEST: Request is for a renewal of an existing special exception permit to continue operation of the Downing limestone quarry pursuant to Section 17.15(6)(g) of the St. Croix County Zoning Ordinance and subject to the provisions in Chapter 14 — Non - Metallic Mining Ordinance. 4. APPLICANT: Mike Rivard - Rivard Stone, owner LOCATION: The SW 1 /4 of the SW 1 /4, Section 7, T30N -R19W, Town of Somerset ADDRESS: Adjacent to 318 Hwy 35 & 64, Houlton, WI REQUEST: Request is for a special exception permit to expand an existing stone sales business in the Commercial District pursuant to Section 17.18 of the St. Croix County Zoning Ordinance. 5. APPLICANT: Elaine Jacklin, owner LOCATION: The NE 1 /4 of the SE 1 /4, Section 8, T31N -R18W, Town of Star Prairie ADDRESS: 2236 100` St., Somerset, WI REQUEST: Request is for a special exception permit for filling and grading to construct a home, garage and driveway in the Shoreland district of Squaw Lake pursuant to Section 17.29(2)(c)3.of the St. Croix County Zoning Ordinance. 6. APPLICANT: David McMahon, owner LOCATION: The SE 1 /4 of the SE 1 /4, Section 24, T30N -R20W, Town of St. Joseph ADDRESS: 1412 County Road V, Houlton, WI REQUEST: Request is for an after - the -fact special exception permit to operate an auto salvage yard pursuant to Section 17.15(6)(i) of the St. Croix County Zoning Ordinance. SPECIAL EXCEPTION AND VARIANCE 7. APPLICANT: R & M Engelhart Limited Family Partnership, owners LOCATION: Part of Gov. Lot 1, Section 26, T30N -R19W, Town of St. Joseph ADDRESS: 132" Avenue, Hudson, WI REQUEST: Item #1: Request for a special exception permit for filling and grading to re- position a driveway near a homesite in the Shoreland District of Bass Lake, and an unnamed pond pursuant to Section 17.29(2)(c) 1 -3 of the St. Croix County Zoning Ordinance. Item #2: Request for a special exception permit for filling and grading to create a new driveway access off of a cul -de -sac in the Shoreland District of Bass Lake pursuant to Section 17.29(2)(c) 1 -3 of the St. Croix County Zoning Ordinance. Item #3: Request for a special exception permit to remove trees exceeding 30 -feet within the 35 -foot Shoreland buffer area of an unnamed pond pursuant to Section 17.28(4) a -c of the St. Croix County Zoning Ordinance. Item #4: Variance to reposition a driveway within the 75 -foot setback of an unnamed pond pursuant to Section 17.31(2)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 April 27, 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: Jenny Shillcox, Zoning Specialist, Steve Olson, Land and Water Conservation Department, Bob Bezek, Code Administrator, Jenn Emmerich, Zoning Specialist 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 May 25, 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 Malick, seconded by Malick to adopt the minutes from the March 23, 2006 hearing, with minor changes. Motion carried. Motion by Jensen, seconded by Nelson to approve the April 10, 2006 minutes. 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, April 27, 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: Ann Burton, owner LOCATION: The SE 1/4 of the SW 1/4, Section 33, T31N -R16W, Town of Cylon ADDRESS: 1818 County Road D REQUEST: Item #1: Variance request to the setback and vision triangle requirements of a road or highway to locate a home on an existing parcel in the Ag/Residential District pursuant to Section 17.60(6)(c) of the St. Croix County Zoning Ordinance. Item #2: Variance request to the driveway separation from an intersection prior to 17.67(d) 4 of the St. Croix County Zoning Ordinance SPECIAL EXCEPTION 2. APPLICANT: Alice, Inc. / Rivers Edge- John, Robert & William Raleigh LOCATION: The SE' /4 and the SW 1 /4, Section 31, T31N -R18W, Town of Star Prairie ADDRESS: Highway 64 REQUEST: Request for an amendment to an existing special exception permit issued May 26, 1981 to add four signs. 3. APPLICANT: Scott & Tracey Simon, owners/ Milestone Materials, agent LOCATION: The NE' /4 of the SE' /4 and the SE' /4 of the SE 1 /4, Section 1, T29N- R15W, Town of Springfield ADDRESS: Off of County Road W REQUEST: Request is for a renewal of an existing special exception permit to continue operation of the Downing limestone quarry pursuant to Section 17.15(6)(g) of the St. Croix County Zoning Ordinance and subject to the provisions in Chapter 14 — Non - Metallic Mining Ordinance. 4. APPLICANT: Mike Rivard - Rivard Stone, owner LOCATION: The SW %4 of the SW '/4, Section 7, T30N -R1 9W, Town of Somerset ADDRESS: Adjacent to 318 Hwy 35 & 64, Houlton, WI REQUEST: Request is for a special exception permit to expand an existing stone sales business in the Commercial District pursuant to Section 17.18 of the St. Croix County Zoning Ordinance. 5. APPLICANT: Elaine Jacklin, owner LOCATION: The NE' /4 of the SE %4, Section 8, T31N -R18W, Town of Star Prairie ADDRESS: 2236 100 St., Somerset, WI REQUEST: Request is for a special exception permit for filling and grading to construct a home, garage and driveway in the Shoreland district of Squaw Lake pursuant to Section 17.29(2)(c)3.of the St. Croix County Zoning Ordinance. 6. APPLICANT: David McMahon, owner LOCATION: The SE %4 of the SE %4, Section 24, T30N -R20W, Town of St. Joseph ADDRESS: 1412 County Road V, Houlton, WI REQUEST: Request is for an after- the -fact special exception permit to operate an auto salvage yard pursuant to Section 17.15(6)(i) of the St. Croix County Zoning Ordinance. SPECIAL EXCEPTION AND VARIANCE 7. APPLICANT: R & M Engelhart Limited Family Partnership, owners LOCATION: Part of Gov. Lot 1, Section 26, T30N -R19W, Town of St. Joseph ADDRESS: 132 Avenue, Hudson, WI REQUEST: Item #1: Request for a special exception permit for filling and grading to re- position a driveway near a homesite in the Shoreland District of Bass Lake, and an unnamed pond pursuant to Section 17.29(2)(c) 1 -3 of the St. Croix County Zoning Ordinance. Item #2: Request for a special exception permit for filling and grading to create a new driveway access off of a cul -de -sac in the Shoreland District of Bass Lake pursuant to Section 17.29(2)(c) 1 -3 of the St. Croix County Zoning Ordinance. Item #3: Request for a special exception permit to remove trees exceeding 30 -feet within the 35 -foot Shoreland buffer area of an unnamed pond pursuant to Section 17.28(4) a -c of the St. Croix County Zoning Ordinance. Item #4: Variance to reposition a driveway within the 75 -foot setback of an unnamed pond pursuant to Section 17.31(2)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 2 Ann Burton Variance request to the setback and vision triangle requirements of a road or highway to locate a home on an existing parcel in the Ag/Residential District and Variance request to the driveway separation from an intersection. Staff presented the request to the Board through a PowerPoint® presentation and went over the staff report, explaining that this is a very small lot in Cylon, with low traffic on the road. In order to locate a small home on the site the variances are needed. A mound sanitary system will be needed for the site. The staff has recommended approval with conditions. Ann Burton, sworn in, is the applicant. She agrees with the staff presentation, and added that she was not aware of the setbacks when she purchased the lot. There was no one that testified in opposition. Alice Inc. / Rivers Edge Request for an amendment to an existing special exception permit issued May 26, 1981 to add four signs in the Town of Star Prairie. Staff presented the request to the Board through a PowerPoint® presentation and went over the staff report. The signs are needed due to the realignment of Highway 35/64. There is now a new entrance to the facility, and signage is needed for the public. Staff went over the site plan, pointing out that the proposed size of the signs does not meet the spirit and intent of the ordinance. Staff agrees that signs are needed, but that they could be much smaller is size. The signs would all be located on land owned by the applicants. Matt Biegert, attorney for the applicants, and William J. Raleigh, President and General Manager of the business, were sworn in. Testimony given by Raleigh and Biegert pointed out that this business has been there since the 1940`s and with the realignment of the highway, it has caused a major problem for clients trying to find the business, and they have received many complaints about this. A diagram of the River's Edge property with the new highway alignment was entered as Exhibit 7. A second drawing showing another diagram of the roads was labeled as Exhibit 8. They have hired a traffic engineer to help with the plans. Pictures of other large signs in St. Croix County were labeled as Exhibit 9. The signs would not be visible to other residences in the area. The Town Plan Commission has approved of the request. Kenneth Anderson, sworn in, is the engineer working on the project. He believes proper signage is needed for public safety purposes and added that he believes that the size of the signs proposed by staff would not be adequate. Biegert added that they have talked with the State and the State is reluctant to do anything about signage as this is a private business. It is not likely that they would get any signs from the State. Tom Beer, sworn in, is a sign professional with Graphic House, Inc., and has been working with the Raleighs on their signage. He agrees with Anderson that large signs are needed for readability by the public when they are going 70 miles an hour. The following exhibits were entered: Exhibit 10: Colored photos 3 Exhibit 11: Vision Guidelines (Federal Government) Exhibit 12: Vision Guidelines (Cone vision) Exhibit 13: Read into record Exhibit 14: Single pull design picture Exhibit 15: Book with old signage Exhibit: 16: Book from engineer Linda Lu Jensen, sworn in, is a neighbor to the Raleighs, and spoke in favor of the signs for the business. There was no opposition to the request. Scott and Tracey Simons/ Milestone Materials Request is for a renewal of an existing special exception permit to continue operation of the Downing limestone quarry in the Town of Springfield. Staff presented the request to the Board through a PowerPoint® presentation and went over the staff report, explaining that this is a request for a renewal of an existing mine. The Town has approved of the request and the LWCD and DNR have no concerns with the request. The staff has recommended approval with conditions. Candy Anderson, sworn, is a Geologist with Milestone Materials. She agreed with the staff report and further explained that the crushing lasts about 4 -6 weeks, and would like to extend hours of operation to 10:00 p.m. if possible. There was no opposition to the request. Mike Rivard - Rivard Stone, owner Request is for a special exception permit to expand an existing stone sales business in the Commercial District. Staff presented the request to the Board through a PowerPoint® presentation and went over the staff report, explaining that this is a request for an expansion of an existing stone business. There have been no complaints from anyone regarding this business. The Town has approved of the request. The staff has recommended approval with conditions. Mike Rivard, sworn in, agrees with the staff report, and asked for hours of operation to allow them to be open 7 -days a week. They would like to be open on Sundays from 10:00 a.m. until 3:00 or 4:00 p.m. He added that the neighbors have asked that no trees be planted between the properties. There was no opposition to the request. The Board recessed from 10;45 a.m. to 11:00 a.m. Elaine Jacklin Request is for a special exception permit for filling and grading to construct a home, garage and driveway in the Shoreland district of Squaw Lake. Staff presented the request to the Board through a PowerPoint® presentation and went over the 4 staff report, explaining that this is a request for filling and grading on Squaw Lake to construct a home. There have been no objections from any agencies. The Town will hear the request on May 2 The staff has recommended approval with conditions. Elaine Jacklin, sworn in, agrees with the staff report, and has worked with the staff to get to this point. Troy Nemmers, Humphrey Engineering, was sworn in and is the engineer on the project. He addressed stonnwater pond questions, stating that the infiltration pond being proposed is being designed to catch up to 100% of a 5 -year event and 80 -90% of a 10 year event. There was no opposition. David McMahon Request is for an after - the -fact special exception permit to operate an auto salvage yard. Staff presented the request to the Board through a PowerPoint® presentation and went over the staff report, explaining that this is a request for Shalee Auto to continue operation as a salvage yard in the Town of St. Joseph. The business is located on 16.6- acres. The staff has recommended approval with conditions. The applicant will be submitting a variance application to the height requirements for the pole building next month. David McMahon, sworn in, agrees with the staff report, and explained the business to the Board. All of the work that is done on the vehicles is inside. The work is done on the vehicles he buys and then re -sells 90% of the vehicles off the premises at auctions, and a few are sold over the internet. This is a very small operation and he did not realize he needed a special exception to operate it. There have never been any complaints about the business until this application. He will comply with whatever requirements are necessary to continue the business, and believes that all environmental concerns have been addressed. Annette Peters, sworn in, spoke in favor of the request, adding that McMahon runs an immaculate operation and is very environmentally conscious. Theresa Johnson, Chairperson for the Town of St. Joseph, was sworn in. She commented on the town's concerns and added that the town is not in favor of this request. Rick Spoo and Ross Coerber, sworn in, spoke in opposition of the request, stating groundwater concerns and negative impact to neighborhood. Staff noted that this operation has been in existence for three years, and up until the past couple of weeks, there have been no complaints about this business. It was brought to the staff's attention when the owner attempted to get a dealership license. Engelhart Limited Family Partnership Item #1: Request for a special exception permit for filling and grading to re- position a driveway near a homesite in the Shoreland District of Bass Lake, and an unnamed pond; tem #2: Request for a special exception permit for filling and grading to create a new driveway access off of a cul -de -sac in the Shoreland District of Bass Lake; #3: Request for a special exception permit to remove trees exceeding 30 -feet within the 35 -foot Shoreland buffer area of an unnamed pond. #4: Variance to reposition a driveway within the 75 -foot setback of an 5 unnamed pond. Staff presented the request to the Board through a PowerPoint® presentation and went over the staff report, explaining the various requests. The applicants and the staff have worked very hard to try to come up with a driveway that will work best for this property. The town has agreed to one driveway plan (March plan), and the county to another plan (plan #2). The staff has proposed a third plan that they believe may meet the requirements of all parties involved. This property is located off of 132 Avenue, which is in the process of being vacated by the Town of St. Joseph, pending a legal agreement between the applicants and the town. The applicants have agreed to reconfigure their driveway accesses to comply with the Town driveway standards. Steve Englehart, sworn in, is one of the applicants. He reiterated that they have spent a great deal of time on this project, working with the county and town. They prefer the first plan (March). Theresa Johnson, previously sworn, thinks the town driveway ordinance is the one that needs to be met, not the county. Believes the March plan is the best one for the site. The town engineer has approved of this plan. James Englehart, sworn in, is one of the applicants. He pointed out the different features of the pond. He asked the Board to listen to those most familiar with the site. Eunice Post, DNR, sworn in, has concerns with the March plan and would like to review the proposed third plan as she thinks it has merit. Louie Filkins, Ogden Engineering, sworn in. He has worked on these plans and feels he can work with the staff and the town on the proposed third plan. There was no opposition to the request. The hearing was closed at 1:45 p.m. for the Board to view the sites. The Board will reconvene on Friday, April 28 at 8:30 a.m. for Decisions. DECISIONS: After hearing testimony on the requested special exception and variance applications, reviewing the material in the record, and conducting a site visit, the Board rendered the following decisions: Ann Burton Motion by Malick, second by Nelson to approve the Variance request to the setback and vision triangle requirements of a road or highway in the Ag/Residential District and the Variance request to the driveway separation from an intersection based on the following findings: 1. The applicant is Ann Burton, E1340 1205 Avenue, Downing, WI 54734. 2. The site is located in the SE' /4 of the SW '/4, all in Section 33, T3 1N, R1 6W, Town of Cylon, St. Croix County, WI 3. There has been no public opposition to these requests. 4. In granting this variance, the spirit of the Ordinance shall be observed and substantial justice done by allowing the applicant to have a permitted use on her property. 6 Item #1 Variance request to encroach within the Subcollector Hi way setback: Having heard all the testimony, considered the entire record herein, and reviewed the site the Board finds the following facts: 5. The applicant filed an application with the Board of Adjustment for a variance to encroach upon the Access Road setback pursuant to 17.60 6.a. of the St. Croix County Zoning Ordinance. 6. Single family residences are permitted uses in the Ag Residential District. 7. The structure will meet all other dimensional standards of the Ordinance. 8. The encroachment of the principle dwelling will not be contrary to the public interest. The primary public purposes of the road setback requirements are to preserve the public safety of the people traveling on the road. 182 " Street is a lightly traveled Access Road that services a small number of lots and has a low speed limit. 9. Literal enforcement of the provisions of the Ordinance would create an unnecessary hardship for the property owners due to the configuration of the lots and the necessity of the placement of the sanitary system that result in their having no compliant building location. These site limitations are not self - created by any actions of the landowner. Item #2 Variance request to the drivewaspacing requirements: Having heard all the testimony, considered the entire record herein, and reviewed the site the Board finds the following facts: 10. The applicant filed an application with the Board of Adjustment for a variance to the driveway spacing requirements pursuant to 17.60 7.d.4) of the St. Croix County Zoning Ordinance. 11. Residential land use lots are permitted to have one driveway access with a maximum width of 24'. 12. Literal enforcement of the provisions of the Ordinance would create an unnecessary hardship for the property owners due to the size of the lot resulting in their having no compliant driveway location. These site limitations are not self - created by any actions of the landowner. 13. The encroachment of the driveway to the intersection of an Access Road and Subcollector will not be contrary to the public interest. The primary public purposes of the driveway separation requirements are to preserve the public safety of the people traveling on the road. 182" Street is a lightly traveled Access Road that services a small number of lots and County Highway O is a Subcollector with a low speed limit. With the following conditions: 1. These variances allow the property owner to place the proposed structure on the lot and construct a driveway in accordance with the site plan submitted on March 24, 2006. Approval of these variances does not include any additional encroachment upon the 182 Street setback or the intersection of 182 Street and County Highway O. 2. Prior to commencing construction of the driveway or the permanent placement of the structure, the applicant shall secure a building permit from the Town of Cylon and obtain any other required local, State, or Federal permits and approvals. 3. Prior to commencing construction, the applicant shall install erosion control measures according to the Wisconsin Construction Site Best Management Practice Handbook. The applicant shall establish permanent groundcover on all disturbed areas immediately upon completion of construction. 7 4. Prior to commencing construction of the driveway or the permanent placement of the structure, the applicant shall schedule an on -site pre - construction meeting with the Zoning Administrator to: • Provide a construction timeline and contact information for the contractors and/or landscapers in charge of the site improvements; • To ensure that all pre - construction conditions have been met; and • To ensure that the property owners and any contractors involved are aware of their roles and responsibilities. 5. Within 30 days of completing construction, the applicant shall submit to the Planning and Zoning Department an as -built drawing of the structure and driveway and photographs of the completed construction. 6. Any minor change or addition to the project, including but not limited to design of the project, shall require review and approval by the Zoning Administrator prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the variance approval process. 7. The applicant shall have one (1) year from the issuance of this variance to commence construction. Failure to do so shall result in expiration of the variance. If the variance expires before construction commences, the applicant will be required to secure a new variance before starting or completing the project. 8. 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. 9. Accepting this decision means that the applicant has read, understand, and agree to all conditions of this decision. The following vote was taken to approve: Nelson, yes; Malick, no; Jensen, yes; Luckey, no; Chairperson Speer, yes. Motion carried on a 3 -2 vote. Alice Inc.,/ River's Edge Request for an amendment to an existing special exception permit issued May 26, 1981 to add four signs. Motion by Malick, second by Speer to approve one of the signs (indicated as Sign #1 in the staff report) with conditions and tabled their decision on the other three proposed signs (indicated as Signs #2, #3 and #4 in the staff report) to request additional information pursuant to Section 17.70(7)(d)l of the Ordinance. Specifically, the Board requests the applicant to provide evidence indicating that other options for off - premises directional signs from the Wisconsin Department of Transportation have been exhausted. The Board feels that this information is necessary before it can determine the appropriate size and number of directional signs needed on- premises to guide travelers to the River's Edge facilities. The Board approves Sign #1 based on the following facts and conclusions: 1. The applicants are Alice, Inc. and John, Robert, and William Raleigh, property owners. 2. The site is located north of Highway 35/64 in Section 31, T3 IN-RI 8W, Town of Star Prairie, St. Croix County, Wisconsin. 3. The applicant filed with the Planning and Zoning Department an application for an amendment to their special exception permit in order to construct four signs along Highway 35/64. 4. The Wisconsin Department of Transportation does not object provided that all signs shall be located within 50 feet of the advertised activity and in compliance with the standards for on- premises signs in Wisconsin Administrative Code Trans 201. 8 5. The directional sign that is most important for directing travelers to the new entrance to the River's Edge facilities is Sign #1, located at the intersection of Raleigh Road and Highway 35/64, which is needed in time for the upcoming busy season. 6. The appropriate size and number of any additional on- premises directional signs will depend on whether or not the applicants can obtain approval for off - premises directional signs within the right -of -way of Highway 35/64 (including green and white or blue and white highway business signs) from the Wisconsin Department of Transportation. The applicants have not exhausted their options for these off - premises signs. 7. Based on reasons provided in the staff report, a 144 -foot sign would better meet the spirit and intent of the Ordinance, be effective in directing travelers to the River's Edge facilities, and address the safety of travelers on Highway 35/64. With the following conditions (Note: The Board tabled its decision on proposed Signs #2, #3, and #4 to request additional information on options for off-premises signs through the Wisconsin Department of Transportation): 1. This special exception approval is for one 144 - square foot directional sign (Sign #1) located at the intersection of Raleigh Road and Highway 35/64. Approval for this special exception permit does not include any additional signs or sign components; colors or design; facility expansions; or other structures, uses or activities not shown or indicated in the plans submitted. 2. Prior to commencing construction, the applicant shall secure all necessary local, State, and federal permits and approvals, including but not limited to Town Building Permit and approval from the Wisconsin Department of Transportation. 3. This request is approved with conditions unless the Town of Star Prairie requests a reconsideration based on new information from the Town Board within 15 days of the next Board of Adjustment meeting. 4. The approved sign shall be no larger than 144 square feet in size consistent with the median size of existing directional signs on other major freeways in St. Croix County, shall not contain any electrical components, and shall be consistent with general sign provisions in the St. Croix County Zoning Ordinance and the provisions for on -site signs in Wisconsin Administrative Code Trans 201.19. 5. The sign shall be located a minimum of 10 feet from all property lines and must be located 500 feet from adjacent agricultural or residential properties. All illuminated signs shall be designed with shielded light sources so as not to produce glare onto adjacent properties. Any change in the design or placement this sign requires prior approval by the Zoning Administrator, who may determine that approval from the Board of Adjustment is needed. 6. Within six months of completing installation of the sign, the applicants shall submit to the Zoning Administrator photos of the sign and associated lighting to ensure that it has been constructed as approved. 7. Any changes or expansions to the design or use of the existing facilities at River's Edge shall require prior approval by the Zoning Administrator, who may determine that approval from the Board of Adjustment is necessary. 8. The applicants shall have one (1) year from the approval of this special exception amendment to commence construction of the sign and two (2) years to substantially complete the construction. If the approval expires within this timeframe, the applicant will be required to secure a new special exception approval. 9. 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 9 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. 10. 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/ table as indicated: Malick, yes; Jensen, yes; Luckey, yes; Nelson, yes; Chairperson Speer, yes. Motion carried unanimously. Scott and Tracey Simons/ Milestone Materials Motion by Nelson, second by Jensen to approve the request is for a renewal of an existing special exception permit to continue operation of the Downing limestone quarry in the Town of Springfield based on the following findings: 1. The applicants are Scott Simons, Tracey Simons, and Teresa Simons -Myer, property owners, and Mathy Construction, the operator. 2. The site is located on Highway W in Section 1, T29N, R15W, Town of Springfield, St. Croix County, Wisconsin. 3. The applicants 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 applicants have complied with the conditions of the special exception permit approved on March 22, 2001, and have no violations on record with the County. 5. The applicants have complied with annual reporting requirements and have 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 with existing trees and temporary berms that will be constructed as needed to reduce noise and dust and to screen the mine from adjacent properties. The mine operators are also working to keep dust at allowable levels in accordance with MSHA standards. 7. The existing mine and proposed operation and reclamation plans will not be contrary to the public health, safety, or general welfare or be substantially adverse to property values in the surrounding neighborhood since the mine will be internally drained, adequately buffered and screened from adjacent residences, and the mine operators are actively working to ensure that storm water and ground water contamination do not occur on the site. The site will be restored to conditions similar to the surrounding area. 8. This request does not violate the spirit or general intent of the Ordinance since nonmetallic mining is a permitted use in the Ag Residential District and is an industry that contributes to the County's economic well being. 9. This request complies with the provisions of Chapter 14, the St. Croix County Nonmetallic Mining Ordinance. 10. The Town of Springfield recommends approval of this special exception request. 11. The Land and Water Conservation Department supports the reclamation plan and has no objections to this request. 12. The Wisconsin Department of Natural Resources has made no objections to this request. With the following conditions: 10 1. This special exception permit allows nonmetallic mining to proceed according to the plans dated February 6, 2006 and submitted on February 17, 2006. Approval does not include any expansion in area or operations not indicated in those plans. 2. The applicants must continue to meet the conditions of the March 22, 2001 special exception decision, unless stated otherwise in conditions that are a part of this approval. 3. This permit is valid for a period of five years and expires April 27, 2011, after which time it must be renewed pursuant to Section 14.3 A.6.a -b of the Nonmetallic Mining Ordinance. 4. Upon any change in ownership or operation of the mine, the applicants 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 in the nonmetallic mining and reclamation standards in Chapter 14 — Nonmetallic Mining Ordinance (unless varied per conditions). 5. Hours of operation shall not extend beyond 6 AM — 9 PM Monday through Friday. The mine operator may submit a written request for occasional/limited extended hours to the Zoning Administrator for review and approval ahead of time. 6. The operators shall continue to abate dust and noise and protect surface and groundwater in accordance with the plans dated February 6, 2006 and submitted on February 17, 2006. Absorbent pads, designed to accept petroleum products, must be located at refueling sites in accordance with State and federal OSHA standards. 7. The applicants shall be responsible for adhering to all local, state, and federal rules, regulations, and permits during the life of the operation. 8. Upon complaints of loud noise, the applicants 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. 9. Site reclamation to grasslands, pastures, and woodlands shall proceed according to the Reclamation Plan. Due to the biological diversity in the existing wooded areas of the site, the applicants or operators shall submit a vegetation management plan to restore native shrubs and trees in the wooded areas similar to the conditions that currently exist on the site. The plan shall include the species listed in Section 1.7 (Biology) of the application. The applicant must file with the Zoning Administrator financial assurance in the amount of $119,870 for site reclamation pursuant to Chapter 14.7(A)1 prior to commencing any future excavating. 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 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; Luckey, yes; Chairperson Speer, yes. Motion carried unanimously. Mike Rivard - Rivard Stone, owner Motion by Jensen, second by Luckey to approve the request is for a special exception permit to 11 expand an existing stone sales business in the Commercial District based on the following findings: 1. The applicant is Mike Rivard, Rivard Stone, Inc, property owner. 2. The site is located off of Highway 35/64 at the end of Old Scout Camp Road in the SW '/4 of the SW %4 of Section 7, T30N, R19W, Town of Somerset, St. Croix County, Wisconsin. 3. The applicant filed with the Planning and Zoning Department an application for a special exception permit to expand an existing stone sales business, Rivard Stone, Inc., in the Commercial District pursuant to Section 17.18 of the St. Croix County Zoning Ordinance. 4. This request is consistent with the findings in Rezoning Resolution 720 (2006). 5. With conditions to provide seven additional paved parking stalls plus spaces for employees and equipment at the existing office, all conditions for the special exception permits approved by the Board of Adjustment on August 22, 1996 and August 26, 1999 will be met. 6. This request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that a stone sales business is a reasonable and appropriate use in the Commercial District, which the property is currently zoned. Its location adjacent to Highway 35/64 and close proximity to the Rivard Quarry make the site ideal for the expansion of this type of operation. 7. The proposed expansion of the stone sales business meets several goals and objectives of the St. Croix County Development Management Plan by diversifying the economy and serving nearby rural development. 8. With conditions for storm water management, erosion control, landscaping, and lighting, this request would not negatively impact the public health, safety, or welfare of the public, nor would it be substantially adverse to property values for nearby residences. The business has existed on the site for many years without complaints from neighbors, and existing residents in the area support the expansion of the business. 9. With conditions for shielding light sources, planting additional trees and shrubs to screen the parking areas, and limiting the hours of operation, this request would not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors. 10. The standards have been met to grant the special exception permit for expansion of the stone sales business pursuant to Section 17.18(1)(a -f) of the St. Croix County Zoning Ordinance. 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 existing and proposed buildings meet required road setbacks from Highway 35/64 and Old Scout Camp Road pursuant to Section 17.60 6.a. of the St. Croix County Zoning Ordinance. 13. The proposed signs meet the setback requirements and other general standards for signs pursuant to Section 17.65(2) of the St. Croix County Zoning Ordinance. 14. The Town of Somerset has recommended approval of this request. 15. The St. Croix County Highway Department does not object to the approval of this request. 16. The St. Croix County Land and Water Conservation Department does not object to the approval of this request with conditions that a fore bay be installed to collect sediment from the gravel lot before reaching the storm water pond, and that a storm water operation and maintenance plan be recorded against the property. 17. The Wisconsin Department of Transportation does not object to the special exception 12 request. 18. 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. With the following conditions: 11. This special exception permit is for Mike Rivard, Rivard Stone, Inc., property owner, to expand an existing stone sales business in the Commercial District by adding a showroom and providing additional outdoor stone display and storage areas. Approval for this special exception permit does not include any additional grading and filling, structures, impervious coverage, or uses not shown or indicated in the plans submitted on March 6, 2006. 12. Prior to commencing construction of the showroom and new parking areas, the applicant shall secure all necessary local, State, and federal permits and approvals, including but not limited to a Town Building Permit, County Sanitary Permit, and a Chapter 216 Permit from the Wisconsin Department of Natural Resources (if required). 13. Prior to commencing construction, the applicants must submit to and have approved by the Zoning Administrator a revised storm water management plan showing a fore bay as recommended by the Land and Water Conservation Department. 14. Prior to commencing construction, the applicants must submit a financial guarantee equal to 120% of approved construction estimates in favor of St. Croix County, to be held by the Planning and Zoning Department, for the paved parking lot for the showroom; required landscaping; required paved parking for the office and driving surfaces per Conditions #3 and #4 of the August 26, 1999 special exception decision; and the storm water management plan submitted and approved as part of this application 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 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 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 #11). • 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. 15. Within 60 days of completing construction, the applicant must record: 1) the revised storm water management plan, 2) permanent drainage easements for all storm water management facilities and retention areas, and 3) an operation and maintenance agreement against the property, and provide a recorded copy to the Zoning 13 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. 16. The property owner shall maintain a minimum of 22 paved parking spaces for the showroom, plus seven paved parking spaces plus spaces for employees and equipment for the office, 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. 17. All signs must be located a minimum of 10 feet from all property lines. Any 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. 18. All lights on the site and on buildings must be downward directed and shielded away from neighboring properties to reduce glare, and photo cells and/or timers set to the hours of the businesses. 19. Hours of operation shall not extend beyond 5:30 AM — 6 PM M- Saturday and 10 AM — 4 PM on Sundays, with occasional extended hours. 20. The property shall be maintained in a neat and orderly manner. 21. 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, and landscaping to ensure that everything has been constructed as designed and approved. 22. The applicant shall contact the Planning and Zoning Department to review this special exception permit in two years from the approval date (April 2008) for compliance with the conditions of this approval. 23. Any change in ownership of the buildings or businesses, use of the buildings or type of businesses, or project details — including but not limited to building additions, 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. 24. The applicant shall have one (1) year from the issuance of the special exception permit to commence construction of the showroom and two (2) years to substantially complete the project. Failure to do so shall result in expiration of the special exception permit. If the special exception permit expires within this timeframe, the applicant will be required to secure a new special exception permit. 25. 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. 26. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. 27. The landscaping plan shall be implemented with the exception of the western portion of the property adjacent to the Jacobs residence. This portion shall be landscaped upon request of any future owners of the Jacobs property, in accordance with the requirements of the Commercial District. The following vote was taken to approve: Nelson, yes; Malick, yes; Luckey, yes; Jensen, yes; Chairperson Speer, yes. Motion carried unanimously. 14 Elaine Jacklin Motion by Jensen, second by Malick to approve the request is for a special exception permit for filling and grading to construct a home, garage and driveway in the Shoreland district of Squaw Lake based on the following findings: 1. The applicant is Elaine Jacklin, property owner, 2236 100 Street, Somerset, WI 54025. 2. The site is located in the NE' /4 of the SE' /4 of Section 8, T3 IN, R18W, Town of Star Prairie, St. Croix County, WI. 3. The applicant filed an application with the Board of Adjustment for a special exception permit for existing and proposed filling and grading in the Shoreland District of Squaw Lake pursuant to Sections 17.29(2)(c) 1 -3 of the St. Croix County Zoning Ordinance. 4. All structures meet the setback and height requirements in the St. Croix County Zoning Ordinance. 5. 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 to maintain the 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. 6. With conditions for managing storm water runoff and preserving shoreline habitat, 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. 7. This request does not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors. 8. With conditions for restoring the native vegetation on the disturbed areas, controlling erosion, managing storm water from all impervious coverage, and preserving the shoreline habitat, this request will comply with the requirements of Section 17.70 (7)(b) 2, 3 and 5 and will be consistent with the provisions of Sections 17.70(7)(d) and (f) of the Ordinance. 9. According to the Wisconsin Department of Natural Resources report titled, Designation of Sensitive Areas — Squaw Lake, St. Croix County, Squaw Lake is a hypereutrophic lake that is vulnerable to sediment and nutrient loading, and the applicant's shoreline is within a fish spawning protection area. 10. The St. Croix County Land and Water Conservation Department does not object to the storm water management and erosion control plan with conditions for performing a soil boring for the storm water pond, installing a double row of silt fencing, and submitting an operation and maintenance agreement for the infiltration basins and recording it against the property. 11. The Wisconsin Department of Natural Resources does not object to this request with conditions for compliance with the recommendations for Designated Sensitive Area #6a in the publication, Designation of Sensitive Areas of Squaw Lake, St. Croix County, to protect the spawning grounds of fish, and for a soil boring to be done for the storm water pond, with minor modifications to the design of the storm water pond. 12. The Squaw Lake District has not objected to this request. With the following conditions: 1. This special exception permit provides after - the -fact approval for excavating that has already been done on the site for the driveway, and allows the applicant to disturb a total of 14,000 square feet of land in the Shoreland District of Squaw Lake to construct a 15 house and garage as indicated in the plans submitted on March 27 and March 29', 2006. Approval for this special exception permit does not include any additional grading and filling, structures, or impervious coverage (other than the driveway) not shown or indicated in the plans. 2. Prior to commencing construction, the applicant shall be responsible for securing any additional pen from the Town of Star Prairie and obtaining any other required local, State, or Federal permits and approvals, including but not limited to a County Sanitary Permit and a Chapter 30 Permit from the Wisconsin Department of Natural Resources. 3. This request is approved unless the Town of Star Prairie requests a reconsideration based on new information from the Town Board meeting no later than May 3, 2006. 4. Prior to commencing construction, the applicant shall submit to and have approved by the Zoning Administrator a soil boring report for the location of the proposed stone water pond. Upon approval by the Zoning Administrator, the applicant shall submit a revised stone water management plan that incorporates the changes suggested by the Wisconsin Department of Natural Resources and that accounts for the impervious coverage of the driveway. 5. Prior to commencing construction, the applicant shall submit to and have approved by the Zoning Administrator a vegetation management/landscaping plan for the proposed rain gardens, the shoreline buffer area within 35 feet of the OHWM of Squaw Lake, and the disturbed area. The plan shall incorporate permanent native grasses, shrubs, and trees into these areas to stabilize steep slopes (particularly along the driveway), substantially screen all structures from the lake during summer leaf -on conditions, and provide native cover similar to what exists on the undisturbed areas of the site. 6. Prior to commencing construction, a double row of silt fence shall be installed around the perimeter of the construction site. During 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. 7. During and after construction, the applicant shall follow the recommendations for Designated Sensitive Area #6a in the Wisconsin Department of Natural Resources report titled, Designation of Sensitive Areas of Squaw Lake, St. Croix County. 8. 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 erosion control measures; landscaping for the rain gardens, 35 -foot buffer area, and disturbed slopes; storm water pond 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 #10). • 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. 16 • 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. 9. Within 60 days of this approval, the applicants shall execute and record affidavits against the property describing the following items: • the storm water management plan with an operation plan and maintenance agreement, and • the vegetation management/landscaping plan for the rain gardens, 35 -foot buffer area, and disturbed area. The applicant 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. 10. Within 60 days of completing construction, the applicant shall submit to the Zoning Administrator certification or record drawings prepared by the project engineer or registered landscape architect ensuring that all construction, final grading, and storm water management measures have been installed as indicated in the plans, and photographs of the property as viewed from all angles, including from the lake. 11. The applicant shall not use phosphorous fertilizers on the site, unless a soil test confirms that phosphorous is needed. 12. 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. 13. The applicant 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. 14. 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. 15. Accepting this decision means that the applicant has read, understands, and agrees to all of these conditions. The following vote was taken to approve: Nelson, yes; Malick, yes; Jensen, yes; Luckey, yes; Chairperson Speer, yes. Motion carried unanimously. David McMahon Motion by Malick, second by Luckey to table the request for an after -the -fact special exception permit to operate an auto salvage yard until the Board hears the variance request to the height requirement for an accessory structure at their meeting next month. They also requested that the staff look into ways to monitor the Shalee Auto business to insure compliance. The following vote was taken to table: Nelson, yes; Jensen, yes; Luckey, yes; Malick, yes; Chairperson Speer, yes. Motion carried on a unanimous vote. 17 EnLyelhart Limited Family Partnership Motion by Nelson, second by Jensen to approve the following requests: Item #1: Request for a special exception permit for filling and grading to re- position a driveway near a homesite in the Shoreland District of Bass Lake, and an unnamed pond; I tem #2: Request for a special exception permit for filling and grading to create a new driveway access off of a cul -de -sac in the Shoreland District of Bass Lake; #3: Request for a special exception permit to remove trees exceeding 30 -feet within the 35 -foot Shoreland buffer area of an unnamed pond. #4: Variance to reposition a driveway within the 75 -foot setback of an unnamed pond, based on the following findings: General Findings: The Board made the following general findings pertinent to Items #1 - #4: 1. The applicants are Steve and Lynn Engelhart, Engelhart Limited Family Partnership, property owners, 16816 Jackpine Way, Lakeville, MN 55044. 2. The address of the site is 769 132" Avenue, Hudson, WI 54016 3. The site is located in part of Government Lot 1, Section 26,T30N -R19W, Town of St. Joseph, St. Croix County, WI. Item #1 (Special Exception for Filling and Grading to Reconfigure Driveway) Findings and Conclusions: The Board made the following findings of fact and conclusions of law pertinent to Item #1: 4. The applicants filed an application with the Board of Adjustment for a special exception permit for filling and grading to reconfigure a driveway near an existing cabin in the Shoreland District of Bass Lake and an unnamed pond. 5. With conditions for controlling erosion; managing storm water runoff to minimize the risk of water pollution and sedimentation into the pond and Bass Lake; preserving and restoring the native groundcover, trees, and shrubs within the 35 -foot buffer area of the pond and the lake; and reconfiguring the driveway to a location that best meets the concerns of all reviewing agencies, 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. 6. With conditions for controlling erosion; managing storm water runoff to minimize the risk of water pollution and sedimentation into the pond and Bass Lake; preserving and restoring the native groundcover, trees, and shrubs within the 35 -foot buffer area of the pond and the lake; and reconfiguring the driveway to a location that best meets the concerns of all reviewing agencies, 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. 7. This request does not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors. 8. With conditions for controlling erosion; managing storm water runoff to minimize the risk of water pollution and sedimentation into the pond and Bass Lake; preserving and restoring the native groundcover, trees, and shrubs within the 35 -foot buffer area of the pond and the lake; and reconfiguring the driveway to a location that best meets the concerns of all reviewing agencies, this request will comply with the requirements of Section 17.70 (7)(b) 2, 3 and 5 and will be consistent with the provisions of Sections 17.70(7)(d) and (f) of the Ordinance. 9. The Town of St. Joseph recommends approval of this special exception request and prefers the first set of plans dated March 3, 2006 for the proposed driveway location since it will require the removal of fewer mature trees on the site and will have less of an impact on Bass Lake. 18 10. The Land and Water Conservation Department does not object to this request and prefers the proposed driveway location in the plans dated April 6, 2006 as long as there is a net decrease in impervious coverage of asphalt and conditions are m p g p et for re - vegetating the area where asphalt is proposed to be removed; allowing sheet flow from the driveway surface over the existing vegetated area to allow infiltration before reaching the pond; no filling, grading, tree removal, or mowing within the 35 -foot vegetation buffer zone; and installing silt fence around the grading limits. 11. The Wisconsin Department of Natural Resources concurs with Steve Olson's comments. 12. The Bass Lake Rehabilitation District recommends approval of this request with a preference for the driveway location shown in the plans dated March 3, 2006 to save mature trees and reduce the impact to Bass Lake, and recommendations for storm water management and adequate screening with native vegetation. Item #2 (Special Exception for Filling and Grading for New Driveway Accesses) Findings and Conclusions: The Board made the following findings of fact and conclusions of law pertinent to Item #2: 13. The applicants filed an application with the Board of Adjustment for a special exception permit for filling and grading to create new driveway accesses off of a cul- de -sac in the Shoreland District of Bass Lake. 14. The vacation of 132 °a Street and the location of the cul -de -sac will result in two parcels that do not have adequate road frontage and will require three new driveway accesses to meet the Town's spacing requirements. While the grading and filling necessary to meet these requirements is excessive, the Town has indicated that it will not grant a variance to its driveway standards to reduce the number of accesses from the cul -de -sac, and the applicants have signed a legal agreement with the Town to follow its plans. 15. With conditions for controlling erosion; managing storm water runoff to minimize the risk of water pollution and sedimentation into Bass Lake; and restoring native groundcover, trees, and shrubs within the disturbed area, 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. 16. With conditions for controlling erosion; managing storm water runoff to minimize the risk of water pollution and sedimentation into Bass Lake; and restoring native groundcover, trees, and shrubs within the disturbed area, 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. 17. This request does not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors. 18. With conditions for controlling erosion; managing storm water runoff to minimize the risk of water pollution and sedimentation into Bass Lake; and restoring native groundcover, trees, and shrubs within the disturbed area, this request will comply with the requirements of Section 17.70 (7)(b) 2, 3 and 5 and will be consistent with the provisions of Sections 17.70(7)(d) and (f) of the Ordinance. 19. The Town of St. Joseph recommends approval of this special exception request. 20. The Land and Water Conservation Department does not support this proposed grading and filling and has concerns that proposed accesses do not appear to meet the requirements of the Ordinance for the minimum radius of curvature, and that the filling and grading of this proposed area seems excessive to accomplish a safe access that meets all Town and County standards. 19 i 21. It is not known from the plans whether or not the proposed driveway accesses meet the minimum radius of curvature for driveways pursuant to Section 17.60 7.d.(12)(c) of the Ordinance. 22. The Wisconsin Department of Natural Resources concurs with Steve Olson's comments. 23. The Bass Lake Rehabilitation District recommends approval of this request. Item #3 (Special Exception for Tree Removal) Findings and Conclusions: The Board made the following findings of fact and conclusions of law pertinent to Item #3: 24. The applicants filed an application with the Board of Adjustment for a special exception permit to remove trees within the 35 -foot shoreland buffer area of an unnamed pond in excess of the allowed 30 -foot viewing and access corridor. 25. With conditions for submitting a woody vegetation inventory; preserving and restoring the native groundcover, trees, and shrubs within the 35 -foot buffer area of the pond and the lake; and reconfiguring the driveway to a location that best meets the concerns of all reviewing agencies, 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. 26. With conditions for submitting a woody vegetation inventory; preserving and restoring the native groundcover, trees, and shrubs within the 35 -foot buffer area of the pond and the lake; and reconfiguring the driveway to a location that best meets the concerns of all reviewing agencies, 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. 27. This request does not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors. 28. With conditions for submitting a woody vegetation inventory; preserving and restoring the native groundcover, trees, and shrubs within the 35 -foot buffer area of the pond and the lake; and reconfiguring the driveway to a location that best meets the concerns of all reviewing agencies, this request will comply with the requirements of Section 17.70 (7)(b) 2, 3 and 5 and will be consistent with the provisions of Sections 17.70(7)(d) and (f) of the Ordinance. 29. The Town of St. Joseph recommends approval of this special exception request and prefers the first set of plans dated March 3, 2006 for the proposed driveway location since it will require the removal of fewer mature trees on the site and will have less of an impact on Bass Lake. 30. The Land and Water Conservation Department does not object to this request and prefers the proposed driveway location in the plans dated April 6, 2006 as long as conditions are met for re- vegetating the area where asphalt is proposed to be removed; allowing sheet flow from the driveway surface over the existing vegetated area to allow infiltration before reaching the pond; and no filling, grading, tree removal, or mowing within the 35 -foot vegetation buffer zone. 31. The Wisconsin Department of Natural Resources concurs with Steve Olson's comments with added conditions for the silt fencing. 32. The Bass Lake Rehabilitation District recommends approval of this request with a preference for the driveway location shown in the plans dated March 3, 2006 to save mature trees and reduce the impact to Bass Lake, and recommendations for storm water management and adequate screening with native vegetation. Item #4 (Variance for a Driveway and Retaining Walls within the OHWM Setback) Findings and Conclusions: The Board made the following findings of fact and conclusions of law pertinent to Item #4: 20 r 33. The applicants filed an application with the Board of Adjustment for a variance to reconfigure a driveway and appurtenant retaining walls within the 75 -foot setback of an unnamed pond and Bass Lake. 34. Literal enforcement of the Ordinance would result in unnecessary hardship since there is no location on the property where the applicants could reconfigure their driveway in its entirety and still meet the requirements of the Ordinance. This is due to the fact that applicants' lot narrows between the lake and a pond, which is a unique physical limitation of the property. With a condition for reconfiguring the driveway to a location that best meets the concerns of all reviewing agencies and meets the setback requirements as closely as possible while still providing safe access for emergency vehicles, granting the variance would provide minimal relief to the setback requirements of the Ordinance. 35. While the presence of the existing cabin could be considered a self - created hardship, the cabin has been in its present location for over 40 years, and safe access for emergency vehicles is a serious concern. Removing the cabin so that the reconfigured portion of the driveway could meet the setback requirements would be unnecessarily burdensome. 36. With conditions for controlling erosion; managing storm water runoff to minimize the risk of water pollution and sedimentation into the pond and Bass Lake; preserving and restoring the native groundcover, trees, and shrubs within the 35 -foot buffer area of the pond and the lake; and reconfiguring the driveway to a location that best meets the concerns of all reviewing agencies, granting this variance would meet the spirit and intent of the Ordinance and would be in the public interest since it would allow for the safe access of emergency vehicles while minimizing impacts to the natural appearance and ecology of the pond and Bass Lake. With the following conditions: 1. This approval allows the applicants to do grading and filling and tree removal necessary to construct new driveway accesses from the proposed 132 Avenue cul -de- sac, and reconfigure an asphalt driveway and appurtenant retaining walls within 75 feet of the OHWM in the Shoreland District of Bass Lake and an unnamed pond. 2. Prior to commencing any filling and grading activities, the applicant shall submit to and have approved by the Zoning Administrator a revised site plan showing a driveway location and grading limits that best meet the concerns of all reviewing agencies. The revised design should keep the grading limits and surface area of the driveway out of the 35 -foot vegetation buffer near the western portion of the driveway (nearest the cabin) as indicated in the plans dated April 6, 2006 and should move the bottom edge of the eastern portion of the driveway (where it separates from the existing pavement) up to approximately the mid -line of the driveway depicted in the March 3, 2006 plans in order to keep the driveway as much out of the 35 -foot buffer area of the pond as possible while saving as many mature oak and pine trees as possible. 3. Prior to commencing any filling and grading activities, the applicants shall submit to the Zoning Administrator specifications from the Town's engineer on whether or not the driveway accesses from the cul -de -sac meet the minimum radius of curvature for driveways pursuant to Section 17.60 7.d.(12)(c) of the Ordinance 4. Prior to commencing any filling and grading activities, the applicant shall be responsible for securing any additional permits from the Town of St. Joseph and obtaining any other required local, State, or Federal permits and approvals. 21 i 5. Prior to commencing any filling and grading activities, the applicant shall submit to and have approved by the Zoning Administrator a woody vegetation inventory for the 35 -foot OWHM buffer area around the pond. 6. Prior to commencing any filling and grading activities, a double row of silt fence shall be installed around the perimeter of the construction site in accordance with the recommendations from the Land and Water Conservation Department and the Wisconsin Department of Natural Resources. In addition to the silt fencing, the applicant shall also install construction fencing around the drip lines of trees located outside of the grading limits to protect them from damage during construction. During 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. 7. Prior to beginning any filling and grading activities, the applicants must schedule an on -site pre - construction meeting that includes the landowner, contractor, engineer, architect, and St. Croix County Planning and Zoning and Land and Water Conservation Department staff members. Items to be discussed include but are not limited to coordinating installation of erosion control measures, construction timelines, roles and responsibilities of owner, engineer, and contractors. 8. Within 30 days of this approval, the applicants must submit a financial guarantee equal to 120% of approved construction estimates in favor of St. Croix County, to be held by the Planning and Zoning Department for the proposed grading and filling and storm water pond for the driveway accesses off of the cul -de -sac (Item #2) 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 #11). • 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. 9. Immediately after construction of the driveway and retaining walls is completed, the applicant shall implement the vegetation management plan for the 35 -foot pond buffer and asphalt removal area submitted as part of the application on March 6, 2006. Within 60 days of this approval, the applicants shall execute and record an affidavit against the property describing the vegetation management plan and its importance for screening and filtering storm water runoff from the driveway surface, with the added provision that no mowing is allowed in this area. The applicant shall provide recorded copies to the Zoning Administrator at this time. The intent is to make the current and 22 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. 10. Within 60 days of this approval, the applicants shall execute and record an affidavit against the property for the storm water pond near the driveway access from the cul- de -sac, along with an operation and maintenance agreement for the pond. The applicant 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. 11. Within 60 days of completing construction, the applicant shall submit to the Zoning Administrator certification or record drawings prepared by the project engineer ensuring that all construction, final grading, and storm water management measures, and native vegetation restoration have been installed as indicated in the plans, and photographs of the completed project as viewed from all angles. 12. The applicant shall not use phosphorous fertilizers on the site, unless a soil test confirms that phosphorous is needed. 13. 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 project, including but not limited to future plans to construct a house, will have to go through the special exception approval process. 14. The applicant 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. 15. 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. 16. 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: Malick, yes; Jensen, yes; Luckey, yes; Nelson, yes; Chairperson Speer, yes. Motion carried unanimously. Respectfully submitted, Sue Nelson, Secretary Debra Murphy, Recording Secretary 23