HomeMy WebLinkAboutBoard of Adjustment 03-24-11 ST. CROIX COUNTY BOARD OF ADJUSTMENT
Thursday, March24, 2011
8:30 a. m.
Government Center, Hudson, Wisconsin- County Board Room
AGENDA
A. CALL TO ORDER/ ROLL CALL
B. OPEN MEETING LAW STATEMENT
C. ACTION ON PREVIOUS MINUTES
D. DATE OF NEXT MEETINGS: April 28, 2011
E. UNFINISHED BUSINESS
1. Town of Troy— After- the -fact Variance —Tabled 9/23/10 & 10/28/10 & 12/2/10
2. Derivative Developments — After- the -fact Special Exception —Tabled 1/27/11
3. Chris Kath/GB Curly's — Special Exception — Tabled 1/27/11
F. PUBLIC HEARINGS
G NEW BUSINESS
1. Closed session pursuant to Wisconsin Statutes 19.85(1)(g) to confer with legal
counsel concerning strategy to be adopted by the Board with respect to litigation
in which it is involved. Reconvene in open session.
H. ANNOUNCEMENTS AND CORRESPONDENCE
L ADJOURNMENT
(Agenda not necessarily presented in this order.)
SUBMITTED BY: St. Croix County Planning and Zoning Department
DATE: March 3, 2011
COPIES TO: County Board Office County Clerk
Board Members News Media/Notice Board
* CANCELLATIONS /CHANGE S /ADDITIONS
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, March 24, 2011, at 8:30 a.m.
at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following request under the St.
Croix County Zoning Ordinance. The Board will view the site in question, after which the Board will deliberate and
vote on the request.
SPECIAL EXCEPTION
1. APPLICANT: Mathy Construction
LOCATION: Section 11, T3 IN, R17W, Town of Stanton
ADDRESS: 1829 CTH H
REQUEST: Special exception for renewal of a non - metallic mining permit pursuant to Section 17.145 (6)
(e) of the St. Croix County Zoning Ordinance.
2. APPLICANT: Sheree Koehler & Michael Peters - ** *POSTPONED * **
LOCATION: NW 1 /4 of the NE 1 /4 of Section 19, T29N, RI 8W, Town of Warren
ADDRESS: 943 Highway 12
REQUEST: Special exception to exceed animal units per acre in the Ag- Residential District pursuant to
Section 17.15 (6) (u) of the St. Croix County Zoning Ordinance.
3. APPLICANT: Gillen Lime Quarry & Trucking, Inc.
LOCATION: NE 1 /4 of the NW 1/4, SE 1 /4 of the NW 1 /4, and the SW 1 /4 of the NE 1 /4, of Section 10, T3 ON,
R17W, Town of Erin Prairie
ADDRESS: 1889 170' Avenue
REQUEST: Special exception for renewal of a non - metallic mining permit pursuant to Section 17.15 (6)
(g) of the St. Croix County Zoning Ordinance.
VARIANCE
4. APPLICANT: Keith & Jennifer Willard
LOCATION: Gov't Lot 2, Section 26, T28N, R20W, Town of Troy
ADDRESS: 171 Glenmont Road
REQUEST: Item #1 : Variance for expansion of a legal nonconforming principal structure (roof) in the
Riverway District pursuant to Section 17.36.1.2.e.1)i)i of the St. Croix County Zoning
Ordinance.
Item #2: Variance for expansion of a legal nonconforming principal structure (roof) in the
Riverway District pursuant to Section 17.36.1.2.e.1)j 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.
Clarence W. Malick, Chairperson
St. Croix County Board of Adjustment
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
March 24, 2011
The meeting was called to order by Chairperson Clarence "Buck" Malick at 8:32 a.m. A
roll call was made. Joe Hurtgen and David Peterson were present. Sue Nelson and Jerry
McAllister were absent. Staff included: Kevin Grabau, Code Administrator; David
Fodroczi, Planning and Zoning Director; Alex Blackburn, Zoning Specialist; Pam Quinn,
Zoning Specialist; Steve Olson, St. Croix County Land and Water Conservation
Department and Becky Eggen, Recorder.
Staff confirmed to the Board that this was a properly noticed meeting.
The next meeting for the Board is scheduled for Thursday, April 28, 2011 at 8:30 a.m. in
the County Board Room of the Government Center in Hudson.
New Business
Application #1: Milestone Materials/Mathy Construction — Special Exception
The applicant requested a renewal of a special exception permit that was issued in
February 2006 to operate sand and gravel pit in the Town of Stanton.
Staff presented the application and staff report. St. Croix County Highway Department
had no objections to the operation and recommended approval. The Town of Stanton
recommended approval of the request. St. Croix County Land and Water Conservation
Department reviewed the application and recommended the applicants submit a new
estimate for the cost of reclamation and once the estimate is reviewed the amount of
financial assurance will need to be adjusted. Wisconsin Department of Natural
Resources renewed the storm water permit for the property. Staff recommended approval
based on 12 findings of fact and conclusions of law with 14 conditions for consideration.
Candy Anderson, geologist for Milestone Materials, signed an oath and spoke in favor of
the request. She was available for any questions.
No one spoke in opposition.
Application #2: Gillen Lime Quarry and Trucking, Inc. — Special Exception
The applicant requested a renewal of a special exception permit to continue to operate
and expand an existing lime quarry in the town of Erin Prairie.
Staff presented the application and staff report. Town of Erin Prairie recommended
approval of the request. St. Croix County Land and Water Conservation Department
reviewed the application and had no concerns. Wisconsin Department of Natural
Resources was sent a copy of the application and no comments were received. Staff
recommended approval based on 12 findings of fact and conclusions of law with 13
conditions.
Representation for the lime quarry had no comments and no one spoke in opposition.
Application #3: Keith and Jennifer Willard -- Variances
The applicants requested a variance for expansion of a legal nonconforming principal
structure (roof) and an addendum to variance for expansion of a legal nonconforming
principal structure (roof) in the Lower St. Croix Riverway Overlay District in the Town
of Troy.
Staff presented the application and staff report. The Town of Troy told the applicant the
following items needed to be submitted for their Riverway Permit and a variance:
1. A scale drawing showing the OHWM and 200 foot setback, the square footage of
the existing house, deck and square footage of what is proposed.
2. Photos of the existing vegetation and topography and a statement that it will not
be disturbed.
3. An erosion control plan or statement that no earth will be disturbed, the location
of any silt fencing.
4. A schedule of a reseeding if necessary.
5. Verification that the existing wastewater treatment system meets Department of
Commerce Chapter 83 specifications.
St. Croix County Land and Water Conservation Department reviewed the application and
stated no erosion control plan would be required since the plans showed no filling and
grading needed. A stormwater management plan would be needed for additional
impervious coverage with the enclosure of a portion of the deck and the plan must be
consistent with 17.36 H.7. If the portion of the deck proposed to be enclosed is already
roofed or of an impervious nature then the stormwater plan would not be needed.
Wisconsin Department of Natural Resources reviewed the application and commented
they believe there is a clear approach available in the St. Croix County Zoning Ordinance
to allow for the replacement of the roof. Section 1.2.d of Subchapte' )r III.V Section 17.
allows for reconstruction of the nonconforming structure as a special exception, but this
allows the reconstruction of the same style of roof — no greater pitch than the 3:12 that
currently exists. The proposed greater pitch and cupola do not meet the requirements of
the section. Neither does the enclosing of the deck. The roof on the structure is certainly
not "flat". While there are no specific definitions listed, Sec. Comm 21.27(1)(b) implies
that 3:12 is sloped, thus not flat. Note, according to the ordinance additional
requirements must be met, including submittal of a mitigation plan, and provide
assurance the private on-site wastewater treatment system is in compliance with the St.
Croix County Sanitary Ordinance. Adjacent landowners, Lee and Kathy Halberg, sent an
e-mail in support of the proposed project. Staff offered 13 findings of fact and
conclusions of law with nine conditions for consideration if the variances were granted.
Keith Willard signed an oath and spoke in favor of the request. He testified his home was
a pre-fabricated home built in 1974. He stated he wants to make his home look more like
a cottage rather than a double wide trailer home. He said he would like to make his home
fully functional.
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Jennifer Willard signed an oath and spoke in favor of the request. She testified the
cupola's main function is to provide more natural light in their home. She stated there
are many mature trees around the home and they plan to keep them there. She said the
roof coloring will be very similar to earth tones as it will be a rust color.
Tony Bauer, applicants' architect, signed an oath and spoke in favor of the request. He
testified he took ideas from the historic area and incorporated them into his plans for this
project. He stated the applicants did not want to increase the foot print size. He
discussed the details of the structure and the reasoning of his plans. He said the cupola is
mainly for more natural light into the home due to the positioning of the home on the
slope.
Miles Cross, Cross Construction, signed an oath and spoke in favor of the request. He
testified the home was a 1974 Wausau Home and that the structure is under code for
today's standards. He stated there are ice dams building up on the roof and the deck was
never built to standard code. He said the material for the project is very earth tone. He
provided a picture of the colors which the Cor-Ten roof material will be
htto://www,reelametals.com/index.ph roofinglbare_skin/galle /) (Exhibit 8).
He verified there are not currently any footings to use on the current deck structure. He
stated they want to make a deck that is structurally sound.
Lee Halberg, property owner across Glenmont Road, signed an oath and spoke in favor of
the request. He testified he manages the 50 acres across Glenmont Road. He stated the
roof could not be a better choice for blending with the earth tone colors. He stated this
project is very essential for the Willards. He said he would rather see the repairs that are
needed happen rather than seeing the property abandoned and run down. He stated he
feels this is a great improvement to the property.
Mike Wenholz, Wisconsin Department of Natural Resources, signed an oath and spoke in
regard to the request. He clarified there was not going to be living space in the expansion
of the roof. He expressed concern with where the hardship was in replacing the deck.
There was discussion about the intention for enclosing and rebuilding the deck and the
right to add footprint. Motion by Hurtgen, second by Peterson to table the application
until we know exactly what the request is that is being made.
Motion carried unanimously.
The Board recessed for a break at 10:10 a.m.
The Board reconvened at 10:27 a.m.
Decisions
After reviewing the material in the record, the Board rendered the following decisions:
Application #I: Milestone Materials/Mathy Construction — Special Exception
Motion by Hurtgen, second by Peterson to approve the renewal of the special exception
for non-metallic mining operation in the Town of Stanton as recommended by the
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Planning and Zoning staff, based on the following findings of fact and conclusions of
law:
1. The applicant is Milestone Materials a division of Mathy Construction, property
owner. Candy Anderson is the agent for Mathy Construction.
2. The site is located at 1829 County Highway H, in section 11, T3 I N, RI 7W, Town
of Stanton.
3. The applicants filed with the Board of Adjustment an application to renew a
special exception permit for a non-metallic mining operation pursuant to Section
17.145(6)(e) of the St. Croix County Zoning Ordinance and subject to Section 14.3
A.I.d. and the other provisions of the St. Croix County Nonmetallic Mining
Ordinance. The applicants request to remove approximately 30,000 tons of sand
and gravel annually.
4. This request would not violate the spirit or general intent of the Ordinance since
nonmetallic mining is a permitted use in the Agricultural 2 District and is an
industry that contributes to the County's economic well being. This mine site will
be planted as prairie during the reclamation process.
5. No mining is proposed below the groundwater table. All storm water will be
managed on site. There are approximate 15 foot high begins on each side of the
entrance. There will be a 100 foot buffer maintained to the property to the north,
east and west. This site will be returned to prairie upon reclamation. With
conditions restricting any mining below the groundwater elevation, managing
storm water runoff, maintaining the 15-foot high berms, and 100 foot buffers,
limiting hours of operation and implementing the reclamation plan. This request
for continued mining operation would not be contrary to the public health, safety,
or general welfare or be substantially adverse to property values in the
surrounding neighborhood.
6. There are15-foot high berms on each side of the entrance. There will be a 100
foot buffer maintained to the property to the north, east and west. Dust control
measures will be implemented. There is no smoke or odors generated. With
conditions to maintain the 15 foot berms and the 100 foot buffers along with
implementing dust control measures. This request for continued mining operation
would not constitute a nuisance by reason of noise, dust, smoke or odor.
7. Extended hours of operation have been approved in the past with no complaints.
8. The proposed operation and reclamation plans comply with the provisions of
Chapter 14, the St. Croix County Nonmetallic Mining Ordinance.
9. The Town of Stanton has recommended approval of this request.
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10. The LWCD has reviewed this application and recommends that the applicants
submit a new estimate for the cost of reclamation. Once this estimate is reviewed
and approved the amount of the financial assurance will need to be adjusted.
11. The Wisconsin Department of Natural Resources has renewed the stormwater
permit.
12. A performance bond for reclamation of the site for $20,000.00 has been on file
since March of 2005.
With the following conditions:
1. This special exception approval allows applicants to mine approximately 30,000
0,000
tons of sand and gravel annually. Approval does not include any change or
expansion in area or operations. This approval is valid for a period of five years
and expires in February 2016, after which time it must be renewed pursuant to
Section 14.3 A.6.a-b of the St. Croix County Nonmetallic Mining Ordinance.
2. The mining operation shall not extend into the groundwater
3. Storm water shall be managed on-site.
4. The 100 foot buffer on the north, east and west of the mined area shall be
maintained. The 15 foot high berms on each side of the entrance shall be
maintained.
5. Hours of operation shall be 6:00 am to 6:00 pm Monday through Friday. Any
request to extend hours of operation must be submitted in writing and approved
by the Zoning Administrator.
6. Reclamation plans shall be followed to reclaim areas once mining operations are
complete.
7. Dust control measures shall be implemented.
8. The applicants shall submit a new estimate for the cost of reclamation. Once this
estimate is reviewed and approved by the LWCD, the amount of the financial
assurance will need to be adjusted.
9.Upon complaints of regularly occurring, excessively loud noise or complaints of
dust at any time, the applicants shall work with the Zoning Administrator to abate
the problem. In the event that the matter cannot be resolved administratively, the
matter shall be taken before the Board of Adjustment at a public hearing.
10. The applicants shall be responsible for adhering to all local, state, and federal
rules, regulations, and permits during the life of the operation.
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11. 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).
12. Any minor change (or addition) in area or use beyond what is shown or indicated
in the plans shall require prior 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 circumstances 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 and all property owners have
read, understand, and agree to all conditions of this decision.
Motion carried unanimously.
Application #2: Gillen Lime Quarry and Trucking, Inc. — Special Exception
Motion by Peterson, second by Hurtgen to approve the renewal of the special exception
for non-metallic mining operation in the Town of Erin Prairie based on the following
findings of fact and conclusions of law:
1. The applicant is Gillen Lime Quarry and Trucking Inc., property owner.
2. The agents are Rita Maloney and Mark Iverson.
3. The site is located on 170"' Street in Section 10, T30N, R I 7W, Town of Erin
Prairie, St. Croix County, Wisconsin.
4. The applicant filed with the Planning and Zoning Department an application for a
special exception renewal for an existing non-metallic mining operation pursuant
to Section 17.15(6)(g) and subject to provisions of Chapter 14, Nonmetallic Mining
Ordinance.
5. The only change in the renewal is the amount of material mined on an annual basis.
The application from 2005 indicated that there would be 35,000 tons mined per
year and the mine would be depleted in 129 years. The renewal is for mining
25,000 tons per year and the mine will be in operation for 172 years.
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6. 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.
7. By following the existing storm water pollution prevention plan, maintaining the
100 foot buffer, implementation of the reclamation plan, using a seismograph to
monitor blasting vibrations and limiting hours of operation this mining operation
will not be contrary to the public health, safety, or general welfare or be
substantially adverse to property values in the surrounding neighborhood.
8. There will be no smoke or odors generated and the dust and noise will be
controlled because the active mining operation is on the quarry floor which is 50
to 90 feet below the ground surface. There is also a 60 foot wide, six to ten foot
high berm around the existing mining operation and dust control measures will be
implemented when necessary.
9. The following findings are in reference to the requirements of Chapter 14,
Nonmetallic Mining:
• When the vertical extent of the deposit has been reached it will be necessary
to expand horizontally and at this point the reclamation plan will be
implemented. Reclamation will need to start before 20 acres of active mine
area is reached or the applicants must submit a long range comprehensive plan
for review and approval.
• There are no mapped wetlands in the area.
• A 100 foot buffer will be maintained.
• There will be no mining into the groundwater. A five foot separation will be
maintained.
• Topsoil is being stockpiled for reclamation.
• A letter of credit is on file for $237,520.
10. The Town of Erin Prairie recommends approval of this application.
11. The Land and Water Conservation Department has no concerns with this
application.
12. The Wisconsin Department of Natural Resources had no comments.
With the following conditions:
1. This special exception permit and variance allows nonmetallic mining to continue
in its present location and proceed according to the plans and revisions submitted
in 2005 along with the changes to the operation plan in the renewal application
submitted February 7, 2011. Approval does not include any expansion or
operations not indicated in those plans.
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2. The applicant shall be responsible for securing all other necessary local, state, and
federal pen and approvals throughout the duration of the mining operation.
3. This permit is valid for a period of five years and expires March 24, 2016 after
which time it must be renewed pursuant to Section 14.3 A.6.a-b of the Ordinance.
4. Upon any change in ownership or operation of the mine, the applicant shall
submit to the Planning and Zoning Department the name and contact information
of the owner and primary mine operator. The operator shall comply with all of the
general requirements and conditions listed in the nonmetallic mining and
reclamation standards in Chapter 14 — Nonmetallic Mining Ordinance.
5. The applicant shall continue to follow the storm water pollution prevention plan,
maintain the 100 foot buffer, and use a seismograph to monitor blasting
vibrations.
6. Hours of operation shall be 7:00 AM to 7:00 PM Monday-Friday except for rock
crushing and blasting, which shall occur not more than four weeks per year, six
days per week and which shall not extend beyond 7 PM. The operator may
submit a written request for (occasional/limited) extended hours to the Zoning
Administrator for review and approval.
7. Reclamation shall commence before the mine reaches 20 acres and shall continue
to keep the active mining area at 20 acres or less. Or a long range comprehensive
plan shall be submitted for review and approval.
8. Dust control measures shall be implemented when the mine is operating.
9. The applicant shall maintain a 100-foot setback and 60-foot wide, six to ten foot
high berms along the entire perimeter of the mine throughout the duration of the
mining operation in accordance with the revised plans submitted on October 17,
2005.
10. There shall be no mining into the ground water.
11. 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.
12. 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.
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13. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
Motion carried unanimously.
Unfinished Business
GB Curlfs/Kath Properties — Special Excetion — Tabled 1127111
Motion by Hurtgen, second by Peterson to approve the special exception for a
convenience store/gas station in the Commercial District in the Town of St. Joseph based
on the following finings of fact and conclusions of law:
1. The original applicant was GB Curley's Inc. with their agent, Christopher Kath.
As of January 26, 2011 the ownership of the property was transferred to Kath
Properties LLC, who will lease the proposed gas station to Bob and Steve's BP
for day-to-day operation and management.
2. The site is located at 1103 County Highway A in the SW 1 /4 of the SE 1 /4 of
Section 3 and NW 1 /4 of the NE' /4 of Section 10, T29N, R19W, all in the Town of
St. Joseph, St. Croix County, Wisconsin.
3. The applicant filed with the Planning and Zoning Department an application for a
special exception permit to remodel an existing bar/restaurant for a gas
station/convenience store in the Commercial District pursuant to Section 17.18(1)
of the St. Croix County Zoning Ordinance.
4. The proposed change in use will not violate the spirit and intent of the St. Croix
County Zoning Ordinance or the Commercial District, which the property is
currently zoned. Burkhardt is a small commercial center that features a mix of
high-density residential and commercial uses, including a gas station/convenience
store to the west and a bar/restaurant to the north, which is owned by the
applicant's agent.
5. Neighboring property owners have submitted letters and expressed their concerns
regarding the potential negative aspects of the proposed gas station/convenience
store on current traffic patterns as well as public safety, economic impacts, and
aesthetics that may affect residential property owners in Burkhardt. The letters
requested that, in the event the Board approves this special exception, detailed,
comprehensive conditions be applied to minimize impacts on residents of
Burkhardt.
6. The applicant's site plans indicate that the existing 1976-vintage sanitary system
will be removed as part of the proposed change in use and other site
improvements. The design for a replacement POWTS will have to be submitted
to the Wisconsin Department of Commerce for review and approval prior to
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applying for the necessary sanitary permit. With conditions that the POWTS will
be replaced with a code-compliant wastewater treatment system, this request will
meet the standards listed in Section 17.18(2)d.
7. Revised site plans were submitted by Len Schreiber, engineer for Cedar Corp.
during the January 27, 2011 hearing and further revisions of the stonnwater
management plan, grading plan, and details were included in the Water Resources
Application packet (Exhibit 3). The plans indicate that the parking and driveway
will be modified in response to Hwy. Dept. comments. Grading within the road
right of way for stormwater structures will require a county permit. With
conditions for adequately managing storm water runoff, replacing the POWTS to
meet current code, obtaining permit approval for the grading within county road
right-of-way, and providing a landscaping plan, this request would not negatively
impact the health, safety, or welfare of the public, nor would it be substantially
adverse to property values for nearby residences or businesses.
8. With conditions for shielding light sources so as not to produce glare onto
adjacent properties, providing screening from adjacent residential properties, and
limiting noise on the site, this request would not constitute a nuisance by reason
of noise, dust, smoke, odor, or other similar factors.
9. With conditions for paving all driving and parking surfaces, providing vegetative
screening of the site, and updating the wastewater and water systems to service
the proposed use, the standards would be met to grant the special exception permit
for the proposed gas station/convenience store pursuant to Section 17.18(2)(a-m)
of the St. Croix County Zoning Ordinance.
10. The proposed change in use from a bar/restaurant to a gas station/convenience
store would meet goals and objectives of the St. Croix County Development
Management Plan including locating commercial development where suitable
conditions exist and promoting the growth of an existing business.
ll. The proposed plans include 35 5 parking stalls for customers to the retail gas
station/convenience store, which will provide sufficient off-street parking to
accommodate all existing and proposed uses on the site pursuant to Sections
17.57(5) and (12) of the St. Croix County Zoning Ordinance.
12. New signage proposed for the site will require a separate permit for an on-premise
sign in the Commercial district.
13. The Town of St. Joseph previously recommended approval of this request with
conditions for:
• Driveway to Scott Road should be asphalt and meet the Town's approved
driveway standards and requires a Town driveway permit;
• All lighting will have down lights so as not to impact the adjoining residents
and areas;
• No addition to the footprint of the building;
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• Request that the county complete a 48 hour observation for traffic patterns in
the area and limit access to a single driveway off Cty. Rd. A;
• Landscaping of a 4' berry, larger trees and vegetation along the west and
south property lines to protect the residences and shield them from this
property. Make every effort to preserve the existing trees. Vegetation plan
includes berm along the property line, a fence to shield, and include
vegetation along fence or berm;
• Limit Hours of operation to 5:00 AM — 10:00 PM and restrict deliveries to
between 8:00 AM and 5:00 PM;
• Control all run off and water onsite through on site stormwater measures and
prevent impact to the Willow River and groundwater, and include
appropriate plantings for the detention pond;
• No outside music or audio advertisements;
• Acquire all necessary county, state and federal permits
• Request that security be in place and adhere to county, state and federal
standards
14. The St. Croix County Land and Water Conservation Department staff, Steve
Olson, commented that "After multiple revisions and reviews the Land and Water
Conservation Department has found the stormwater and erosion control plans for
the Kath/GB Curly's BOA special exception pen application are complete. The
revisions marked final dated 3/18 meet the standards found in NRI 5 1 ."
15. The St. Croix County Highway Department has reviewed the January site plan
revision and commented regarding the need for a permit to excavate within the
county road right-of-way. With conditions that the applicant obtains approval
from the St. Croix County Highway Department for the excavation to install
stormwater basins, the request will comply with Section 17.60 of the ordinance.
With the following conditions:
1. This special exception permit allows the applicant to remodel an existing
bar/restaurant into a gas station/convenience store, to replace an existing POWTS,
and to fill and grade as necessary to install underground fuel tanks, create
driveway accesses, and stormwater management structures as shown on the
submitted site plans. Approval for this special exception permit does not include
any additional uses, structures, or other activities.
2. Prior to commencing construction, the applicant shall be responsible for securing
all other necessary local, state, and federal pen and approvals, including but
not limited to any permits and licenses from the Wisconsin Department of
Commerce, Wisconsin DNR, and driveway permits from the St. Croix County
Highway Department and/or the Town of St. Joseph.
3. Prior to commencing construction of the stormwater basin(s) and/or the POWTS,
the applicant shall schedule an on-site pre-construction meeting that includes the
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property owner, general contractor, excavator, St. Croix County Planning &
Zoning, and Land and Water Conservation Department staff members. Items to
be discussed include, but are not limited to, coordinating installation of erosion
control, construction timelines, compliance with all other pre-construction
conditions, and roles and responsibilities of all parties.
4. Prior to commencing construction, the applicant shall submit to and have
approved by the Zoning Administrator the following items:
• A landscaping plan that includes a 4' berm, larger trees, and vegetation along
the west and south property lines to fully screen and buffer adjacent residential
properties from noise and any outside activities. The plan should include the
species, size, and location of all trees, shrubs, and groundcover to be planted on
the site, as well as a timeline for the plantings and a maintenance agreement to
ensure that all vegetation establishes successfully.
• A long-term maintenance agreement included in the Water Resources
Application, along with a site plan to document the stonnwater structures, shall
be referenced in an affidavit that is recorded against the property. The applicant
shall submit a recorded copy of this document to the Zoning Administrator at
this time. The intent is to make certain that property owners remain aware of the
responsibilities and limitations associated with infiltration structure(s) and to
ensure the structures will continue to perform as designed.
• A cash compliance deposit of $5000.00 to be held by the Zoning
Administrator until the parking lot, paving, landscaping, and storm water
management measures have been completed and approved to be in
compliance with the conditions of this permit and all applicable provisions of
the Ordinance, at which time the deposit will be refunded in full.
5. Regular hours of operation shall not extend beyond the proposed 5:00 AM —
11:00 Pm.
6. Parking shall be limited the asphalt paved surfaces only.
7. No signs are approved as part of this permit. Any future signage shall require
prior review and approval by the Zoning Administrator as part of obtaining a sign
permit in compliance with requirements in Section 17.65.
8. Any lighting associated with the business must be downward directed and
shielded away from neighboring properties to prevent glare and shall have prior
approval by the Zoning Administrator. Only lights on the building or building
overhangs at a level not to exceed the height of the lowest eaves may be left on
overnight for security purposes.
9. Upon complaints of regularly occurring, excessively loud noise at any time, the
applicant shall work with the Zoning Administrator to abate the noise problem. In
the event that the matter cannot be resolved administratively, the applicant shall
take the matter before the Board of Adjustment at a public hearing.
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10. All buildings and property shall be maintained in a neat and orderly manner.
11. Within 30 days of substantially completing construction and all related paving
and landscaping, the applicant shall submit to the Zoning Administrator photos of
the site and certification from the project engineer or architect that the building
remodeling, paved parking and driving surfaces, landscaping, and stone water
management measures have been constructed and installed as approved.
12. The applicant shall contact the Zoning Administrator to review this special
exception pen in two years from the approval date for compliance with the
conditions of this approval.
13. These conditions may be amended or additional conditions may be added to
address complaints or unanticipated circumstances that would affect the health,
safety, or general welfare of citizens or degrade the natural resources of St. Croix
County. Conditions will not be amended or added without notice to the applicant
and opportunity for a hearing. Such conditions might include revisions to the
access driveways. Notice of such circumstances might come from the County
Highway Department or Sheriff's Department.
14. Any change in ownership or management shall require prior notification to the
Zoning Administrator. Any change in the use of the property, change in the
building or facilities; or changes to the approved project details — including but
not limited to structures, landscaping, signs, lights, parking, or lot/access changes
— shall require prior review and approval by the Zoning Administrator to ensure
that all Ordinance requirements are met. The Zoning Administrator may
determine that special exception approval is necessary.
15. The applicant shall have one (1) year from the approval of this special exception
permit to commence construction and two (2) years from the approval to
substantially complete the construction and all related paving and landscaping.
The replacement sanitary wastewater system, driveways, paving, landscaping, and
underground tanks must be installed prior to the opening of the new gas
station/convenience store. Paving must be completed within two years. Failure to
comply with this timeframe shall result in expiration and/or revocation of the
special exception permit. If the special exception permit expires within this
timeframe, the applicant will be required to secure a new special exception
permit.
16. Accepting this decision means that the applicants have read, understand, and
agree to all conditions of this decision.
Motion carried unanimously.
Town of Troy —After-the Fact Variance — Tabled 9/23/10, 10128110, and 1212/10
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Motion by Hurtgen, second by Peterson to approve the after-the-fact variance for
reduction of road setback based on the following findings of fact and conclusions of law:
1. The applicant is the Town of Troy, property owner.
2. The site is located at 277 Townsvalley Rd. in the NE 1 /4 of the NW 1 /4 of Section
21, T30N, R15W, Town of Troy, St. Croix County, Wisconsin.
3. The Town of Troy is the applicant and Brian Schwab, Supervisor #2, has
represented the Town at hearings to support this request.
4. Land and Water Conservation Department had no comments regarding this
request.
5. The applicant filed an application with the Board of Adjustment for an after-the-
fact variance for a recycling shelter to encroach within the road setback of
Townsvalley Road in the Ag Residential District pursuant to Section 17.60 6.a. of
the St. Croix County Zoning Ordinance.
6. The application was submitted in response to a code enforcement Notice of
Violation regarding complaints received by the Planning and Zoning Department.
The new recycling shelter is located 64 feet from the centerline of Townsvalley
Rd. and encroaches —19 feet within the road setback. It meets all other
dimensional standards and required setbacks of the Ordinance for a detached
accessory building.
7. The applicant constructed its new recycling shelter prior to obtaining variance
approval from the county for its present location.
8. Detached accessory buildings are permitted in the Ag Residential District.
9. The primary public purpose of road setbacks is to protect the health, safety, and
welfare of property owners and citizens traveling on roads in the County. The
Town's road reconstruction project included a planned removal of the old
recycling program building and subsequent construction of a replacement
shelter/office on the north end of the trash compactor. The applicant states that
the change in building location significantly improved sight lines and "vision
triangles" at the roads' intersection. During discussion following the December
2 nd public hearing, the Board determined that the location of the trash compactor
and recycling shelter is not a significant factor in visibility at the intersection.
10. Literal enforcement of the provisions of the Ordinance would create an
unnecessary hardship until such time as the Town finalizes acquisition of
additional acreage through a proposed parcel add-on. There is no location on the
existing parcel where an accessory structure can meet all lot line and road setback
requirements. The applicant stated that they "made every effort in the redesigned
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layout to build a much smaller structure farther back from the road". The
applicant also stated they wanted to make sure the recycling structure was placed
on a portion of the property to which the Town of Troy held clear title at the time
of construction.
11. The applicant is requesting minimal relief from the standards in the Ordinance.
The recycling building was constructed to provide shelter for employees and/or
town residents using the facility. As a detached accessory structure it meets the
10' separation from other buildings, height restrictions, side and rear yard
setbacks, and the structure was an improvement over the location of the building
it replaced.
12. The applicant believes substantial justice would be done by allowing the
continued use of the new recycling shelter building in its present location for an
existing recycling program, which has been established as a legal, nonconforming
use on the site. Relocating the recycling shelter 30 feet to the north would meet
50 foot road setback requirements, but would cost between $12,000 and $15,000
and would not change the appearance, function, or operation of the recycling
center.
With the following conditions:
1. This after-the-fact variance allows the applicant to leave an existing recycling
shelter building in a location that encroaches 19 feet within the road setback of
Townsvalley Road in accordance with the plans submitted on November 5, 2010,
and as provided in the conditions below. This approval does not include any
additional structures, impervious coverage, filling and grading, or other activities.
2. The applicants shall obtain any other required local, state, or federal permits and
approvals for the operation of its recycling and solid waste collection program.
3. The only access to the site shall be from the driveways off Chinnock Lane. Cars
queueing for trash and/or recycling drop off shall not block the visibility for
traffic at the intersection of Townsvalley Road and Chinnock Lane.
4. The Town shall add signs for the approaches to the intersection of Chinnock Lane
and Townsvalley Road that the posted speed limit is a maximum of 45 mph to
increase traffic and pedestrian safety.
5. All lights on the site must be downward directed and shielded away from
neighboring properties to prevent glare. Only lights on the building(s) or building
overhangs at a level not to exceed the height of the lowest eaves may be left on
overnight for security purposes. Lights in the parking area shall only be on during
the hours of recycling/trash collections and special events.
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6. Within 60 days of the Board's decision, the applicant shall submit to and have
approved by the Zoning Administrator a plan for a fence along the perimeter of
the recycling area to contain blowing debris and limit unauthorized access.
7. Within 60 days of the Board's decision, the applicant shall submit to and have
approved by the Zoning Administrator a surety in the form of a cash compliance
deposit in the amount of $1,100.00 to be held by the Zoning Administrator until
the fencing specified in Condition 96 and security lighting as specified in
Condition #5 has been completed and demonstrated to provide the intended
elimination of nuisance problems with blowing trash. Upon verification that the
site is in compliance with the conditions of this permit and all applicable
provisions of the Ordinance, the deposit will be refunded in full.
8. Within 60 days of the Board's decision, the applicant shall submit to the Zoning
Administrator a recorded land survey map and documentation that the surveyed
property has been legally transferred to the Town of Troy.
9. Upon complaints of regularly occurring, excessively loud noise at any time, the
applicant shall work with the Zoning Administrator to abate the nuisance
complaint(s). In the event that the matter cannot be resolved administratively, the
matter shall be taken before the Board of Adjustment at a public hearing.
10. The property shall be maintained in a neat and orderly manner as required in state
solid waste facility regulations. Garbage and recyclable items collected and/or
stored for transfer to an approved facility must not create a nuisance or hazard to
public health, safety, or welfare.
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 prior
to making the change or addition. Any major change or addition to the originally
approved plan will have to go through the variance and/or special exception
permit approval process.
12. Failure to comply with the conditions of this approval within the timeframes
stipulated shall be grounds for revocation of the variance.
13. These conditions may be amended or additional conditions may be added if
unanticipated circumstances 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 and all property owners have
read, understand, and agree to all conditions of this decision.
Motion carried 2-1. Malick opposed.
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Minutes
Motion by Peterson, second by Hurtgen to approve the January 27, 2011 minutes.
Motion carried unanimously.
The meeting was adjourned by the Chair at 12:05 p.m.
Respectfully submitted,
C.W. Malick, Chairman Becky Eggen, Recording Secretary
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