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HomeMy WebLinkAboutBoard of Adjustment 03-24-05 ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Clarence Malick, Chaiirman St. Croix County Bo*d FROM: Julie Speer, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, March 24, 2005 TIME: 8:30 a.m. LOCATION: Government Center, Hudson, Wisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: OTHER BUSINESS: OLD BUSINESS: NEW BUSINESS: * See attached ANNOUNCEMENTS AND CORRESPONDENCE: Flattum letter POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT: (agenda not necessarily presented in this order) SUBMITTED BY: St. Croix County Zoning Office DATE: March 16, 2005 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board * CANCELLATIONS /CHANGES /ADDITIONS! i i I e PUBLIC H ARING NOTICE The St. Croix County Board of Adjustment has sche uled a public hearing for Thursday, March 24, 2005 at 8:30 a.m. at the Government Center, 1101 Carmichael Ro d, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. The Board will view each site in question, after which the Board will deliberate and vote on the appeals. 1. ARTICLE: Special Exception request for a permit to construct a mechanical lift on the property to allow access to the St. Croix River pursuant to Section 17.36(6)(a)4. APPELLANT: Eric Sullivan LOCATION: Government Lot 2, Section 2 , T28N -R20W, Town of Troy ADDRESS: 177A Glenmont Road, River Falls, WI 54022 2. ARTICLE: Amend Condition #10 of the Jon -De Farm, Inc Board of Adjustment Decision dated May 10, 2000 pursuant to Section 17.70(7)(g). The request is to change the application rate of manure on the property. APPELLANT: Jon -De Farm, Inc. LOCATION: The NW 1 /4 of the NE %4, Section 24, T28N- R17W Town of Rush River ADDRESS: 2061 30 Avenue, Baldwin, 54002 3. ARTICLE: Variance request for an after-the-fact permit to allow an existing structure, that encroaches 19 -feet within th OHWM setback of Bass Lake, to remain on the property pursuant to Section 17.31(2) APPELLANT: Steven J. and Pamela K. Hirsch LOCATION: Part of the SW 1 /4 of the NW 1 /4, the NW 1 /4 of the SW 1 /4 and Gov. Lots 6 and 7 of Section 26, T ON -R19W, Town of St. Joseph ADDRESS: 1349 Awatukee Trail, Hudson, WI 54016 All interested persons are invited to attend said heafing and be heard. Additional information may be obtained from the St. Croix County Planning and Zoning Off, ce, Hudson, Wisconsin at (715) 386 -4680. Julie Speer, Chairperson St. Croix County Board of Adjustment OFFICIAL BOARD OF ADJUSTMENTS M ETING AND HEA MINUTES Marc 124, 2005 (This hearing recorc ed 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, Sue Nelson, Stan Krueger and Linda Luckey were present. Staff included: Bob Bezek, Code Administrator, Jenny Shillcox, Zoning Specialist, David Fodroczi, Planning and Zoning Director and Debbie Murphy, Paralegal/Office Manager. Chairperson Speer believes this to be a properly noticed meeting. Motion was made by Jensen, seconded by 'Krueger to adopt the agenda. Motion carried. The next meeting for the Board will be ril 28, 2005. 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 Luckey, seconded by Jensen and carried to adopt the February 24, 2005 minutes with corrections. Motion carried. A motion was made by Krueger, seconded by Nelson and carried acknowledging that at the December 2004 Board of Adjustment meeting member Luckey was absent and excused. ANNOUNCEMENTS AND CORRESPONDENCE Shillcox told the Board that they have received a letter from Ryan Flattum regarding his special exception permit for a major home occupation. If necessary, this will be placed on the next meeting agenda. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public hearing notice was published correctly and was read into the record as follows: PUBLIC H&UZING NOTICE The St. Croix County Board of Adjustmen has scheduled a public hearing for Thursday, March 24, 2005 at 8:30 a.m. at the Goverr ment Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appe Is to the St. Croix County Zoning Ordinance. The Board will view each site in question, a ler which the Board will deliberate and vote on the appeals. 1. ARTICLE: Special Exception re uest for a permit to construct a mechanical lift on the property to all w access to the St. Croix River pursuant to Section 17.36(6)(a)4 APPELLANT: Eric Sullivan LOCATION: Government Lot 2, Section 26, T28N -R20W, Town of Troy ADDRESS: 177A Glenmont Roa , River Falls, WI 54022 2. ARTICLE: Amend Condition #10 of the Jon -De Farm, Inc Board of Adjustment Decisio dated May 10, 2000 pursuant to Section 17.70(7)(g). The request is to change the application rate of manure on the property. APPELLANT: Jon -De Farm, Inc. LOCATION: The NW 1 /4 of the NEI %a, Section 24, T28N -RI 7W, Town of Rush River ADDRESS: 2061 30 Avenue, Baldwin, WI 54002 3. ARTICLE: Variance request for an after - the -fact permit to allow an existing structure, that encroaches 19 -feet within the OHWM setback of Bass Lake, to remain on the property pursuant to Section 17.31(2). APPELLANT: Steven J. and Pamela K. Hirsch LOCATION: Part of the SW 1 /4of the NW '/4, the NW 1 /4 of the SW 1 /a and Gov. Lots 6 and 7 of Secti n 26, T30N -R19W, 'Town of St. Joseph ADDRESS: 1349 Awatukee Trai , Hudson, WI 54016 All interested persons are invited to att nd said hearing and be heard. Additional information may be obtained from the St. Croix County Planning and Zoning Office, Hudson, Wisconsin at (715) 386 -4680. Julie Speer, Chairperson St. C oix County Board of Adjustment The hearing was opened at 8:30 a.m. and testimony taken and recorded by a court reporter. The Board recessed from 9:40 a. . to 11:30 a.m. to view the sites. After hearing testimony on the above articles, reviewing the material in the record, and conducting a site visit, the Board rendered the following decisions: NEW BUSINESS Eric Sullivan Motion by Krueger, seconded by Jensen to approve the request i:or a special exception to construct a mechanical lift on the bluff fac of the St. Croix River based on the following findings: 1. The applicant is Eric Sullivan, property owner, 177A Glenmont Road, River Falls, WI 54022. 2. The site is located Section 26, T2 N, R20W, Town of Troy, St. Croix County, Wisconsin. 3. The applicant filed an application with the Planning and Zoning Department for a special exception permit to install a lift in the Lower. St. Croix River Valley District pursuant to Section 17.36(6)(a)4 of the St. Croix County Zoning Ordinance. 4. The Board of Adjustment finds th t all requirements have been met to grant the special exception permit pursuant o Sections 17.70(7)(a) and 17.36(5)(1) of the St. Croix County Zoning Ordinance. 5. The company installing the lift, Ac ess Lifts, Inc., is a reputable company with a good history of installing lifts in this area. 6. The Town of Troy has recommended approval of this request. 7. The Land and Water Conservation Department has recommended approval of this request. 8. The Wisconsin Department of Nat iral Resources has recommended approval of this request. 9. There was no public opposition to the request. 10. The request is not contrary to the public interest. 2 11. The spirit and intent of the Ordin ce would be met by granting this request for a special exception permit, and subst tial justice would be done. With the following conditions: 1. Within 60 days of this approval, the applicant shall obtain and submit to the Planning and Zoning Department certification from a. professional engineer or architect registered in the State of isconsin ensuring that the lift components are securely anchored to prevent the from shifting and from causing accelerated erosion. 2. This special exception permit allo s the applicant to install a mechanical lift as indicated in plans submitted to th Planning and Zoning Department on February 3, 2005, and March 3, 2005, d as stipulated in Section 17.36(5)(1) of the Ordinance. Approval for this sp cial exception permit does not include any structures not shown or indicated i the plans. 3. Prior to commencing construction, the applicant shall submit to and have approved by the Planning and Zoning D artment and Land and Water Conservation Department a detailed vegetati n management plan showing existing and proposed native trees, shrubs, nd ground cover to make the lift visually inconspicuous from the river in ve years, and to stabilize and protect the bluff from further erosion. The plan ust indicate size, species, and location of all vegetation. The plan shall show t e establishment of a, native vegetative buffer — including a mix of native trees, hrubs, and groundcover - extending three feet along the top of the bluff from the lift platform to the stairs. 4. The applicant shall implement t e erosion control plan submitted on March 3, 2005. 5. The lift shall not be constructed o or have affixed to it any reflective materials. 6. The lift shall only be used for the ransportation of persons up and down the slope face. 7. The applicant shall have one (1) ear from the issuance of the special exception permit to commence constructio ' If the special exception permit expires, the applicant will be required to sec re a new Special Exception permit before the mechanical lift can be constructe . 8. Any minor change (or addition) n the project shall require review and approval by the Zoning Administrator. y major change and/or addition to the originally approved plan will go through he special exception approval process, where applicable, as stated in the Ordin ce. 9. These conditions may be amen ed or additional conditions may be added if unanticipated conditions arise th a 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. 10. Accepting this decision means th t the applicant has read, understands, and agrees to all conditions of this decision. The following vote was taken to app ove: Nelson, yes; Jensen, yes; Krueger, yes; Luckey, yes; Chairperson Speer, yes. M tion carried unanimously. 3 Jon- DeFarm, Inc. Motion by Nelson, seconded by Speer to a prove the request to amend Condition #10 of the special exception permit approved by t e Board of Adjustment on March 23, 2000 based on the following findings: 1. The applicant is Jon -De Farm, Inc. 2061 30 Avenue, Baldwin, WI 54002. 2. The site is located in the NW %4, 1 /4, Section 24, T28N -R17W, Town of Rush River, St. Croix County, Wisconsin. 3. The applicant requested an amendment to Condition #10 of the Board of Adjustment's March 23, 2000 decisions to adjust the application rate of liquid manure in accordance with the State of Wisconsin 590 Nutrient Management Plan. 4. The Board finds the proposed amendment will improve the existing situation and will help to keep odor down. 5. The Board finds that the applicant is doing an excellent: job of managing manure properly and safely, and maintaining phosphorous and other nutrients on site. 6. The applicant has been working closely with the Land and Water Conservation Department to meet all other condi ions of the special exception permit approved on March 23, 2000. 7. The Town of Rush River has recommended approval of this amendment. 8. The Land and Water Conservation Department has recommended approval of this amendment. 9. The Wisconsin Department of Natural Resources does not object to this amendment. 10. There was no public opposition to is amendment. 11. The spirit and intent of the Ordinance would be met by granting this request for an amendment, and substantial justice would be done. The Board approved the proposed amendm nt to Condition #10 to read as follows: The applicant shall adjust the application rate for any manures to prevent pooling and runoff, and excess phosphorous in accordance with the requirements of the 590 Nutrient Management Plan. The remaining conditions of the special ex eption permit approved on May 23, 2000 will remain in full effect as approved by the Board. The following vote was taken to approve: Nelson, yes; Luckey, yes; Chairperson Speer, yes; Jensen, yes; Krueger, yes. Motion pas ed unanimously. Steven Hirsch Motion by Jensen, seconded by Krueger to deny the request for an after - the -fact variance for a recently constructed outbuilding located within the OHWM setback of Bass Lake based on the following findings: 1. The applicants are Steven and Pamela Hirsch, 1349 Awatukee Trail, Hudson, WI 54016. 2. The site is located in Section 26, T30N, R19W, Town of St. Joseph, St. Croix County, Wisconsin. 4 3. The applicants filed an application with the Planning and Zoning Department for an after - the -fact variance to reta n a recently constructed outbuilding located within the OHWM setback of Bass Lake. 4. The Board of Adjustment finds that the requirements have not been met to grant a variance for the outbuilding purs ant to Section 17.70(5)(c)3 of the St. Croix County Zoning Ordinance. 5. The Board finds that the strict appli ation of the ordinance did not create an unnecessary hardship due to the fact that the property has ample buildable area and that the outbuilding can easily be moved to a location that meets all required setbacks and other ordinance provisions. 6. The Town of St. Joseph Planning C mmission has recommended disapproval of this request. 7. The Bass Lake Rehabilitation Distr ct has recommended disapproval of this request. 8. The Wisconsin Department of Natural Resources has recommended disapproval of this request. 9. The Board finds that the request is contrary to the public interest. 10. The Board finds that the spirit and i tent of the ordinance would not be met by granting the request, and substantial justice would not be done. The following vote was taken to deny: Nelson, yes; Jensen, yes; Luckey, yes; Chairperson Speer, yes, Krueger, yes. Motion carried unanimously. Flattum Letter Staff informed the Board that there was a response from the Flattums, and if needed, it will be reviewed next month. Meeting was declared adjourned at 12:15 p m. Respectfully submitted: Sue Nelson, Secretary Debra Murphy, Recording Secretary 5