HomeMy WebLinkAboutBoard of Adjustment 07-28-05 i
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ST. CROIX COUNTY BOARD OF ADJUSTMENT
Thursday, July 28, 2005
:30 a.m.
Government Center, Hudson, Wisconsin
GENDA
A. CALL TO ORDER/ ROLL CAL
B. OPEN MEETING LAW STATEMENT
C. ACTION ON PREVIOUS MIND ES
D. DATE OF NEXT MEETING: August 25, 2005
E. HEARINGS
1) See attached Public Hearing Notice
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1)Nonmetallic Mining Special Exc tion Renewal Update:
• Update on letters and resf onses
• Set November 10 for BOA site visits
• Reschedule hearin from I lecember 1 to mid -January
2)Schedule BOA training meeting for:
• New Riverway Ordinance:
• Existing Nonmetallic Mirdng Ordinance
• Land Use Decision-Making Training
3) Schedule November/ December earing dates
4) Update on revisions to BOA applications, agendas, notice, staff reports
H. ANNOUNCEMENTS AND CORRESPONDENCE
I. ADJOURNMENT
(Agenda not necessarily presented in this order.)
SUBMITTED BY: St. Croix County Planning ard Zoning Department.
DATE: July 8, 2005
COPIES TO: County Board Office County Clerk
Board Members News Media/Notice Board
*CANCELLATIONS /CHANGES /ADDITIONS
PUBLIC HEARING NOTICE ,
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, July 28, 2005 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.
VARIANCES
1. APPLICANT: Roger Lindquist, owner
LOCATION: The NE 1 /4 of the NW 1 /4, Section 13, T28N -R17W, Town of Rush River.
ADDRESS: Off of County Road N, Baldwin, WI
REQUEST: Variance to the 35 -foot height requirement for a residential structure pursuant to Section
17.14(3).
2. APPLICANT: Brian and Ann Hon, owners
LOCATION: Part of the NW 1 /4 of the SE %4 and in part of the NE 1 /4 of the SW 1 /4, all in Section 6,
T29N -R19W, Town of St. Joseph
ADDRESS: 367 River Road, Hudson, WI
REQUEST: Variance request to the 15 -foot height requirements of an accessory structure in the
Ag/Residential District pursuant to Section 17.12(5). The request is to construct a pole
building on the property to house recreational vehicles /equipment.
SPECIAL EXCEPTIONS
3. APPLICANT: Tom and Jane Berg, owners
LOCATION: The NE 1 /4 of the SW 1 /4, Section 36, T30N -R19W, Town of St. Joseph
ADDRESS: 852 Willow River Drive, Hudson, WI
REQUEST: Special exception request for a permit for filling and grading on 12 -20% slopes in the
Shoreland District pursuant to Sectionl7.29(2)(c)2. The request is to allow the applicant
to install an in -ground swimming pool on the property.
4. APPLICANT: Bomaz, Inc., owner
LOCATION: The SE % of the SE 1 /4 of the SW 1 /4, Section 8, T28N -R17W, Town of Pleasant Valley
ADDRESS: 426 165' Street, Hammond, WI
REQUEST: Request is for an amendment to the original Special Exception Permit dated August
21, 1996 to increase the number of animal units per acre and to construct an additional
building pursuant to Section 17.14(6)(i).
5. APPLICANT: Star Prairie Land Preservation Trust, owner/ Peter Kling, agent
LOCATION: The NE 1 /4 of the SW 1 /4, Section 3, T31N -R18W, Town of Star Prairie
ADDRESS: County Road H, Star Prairie, WI
REQUEST: Special Exception request for filling and grading in excess of 2,000 square feet in the
Shoreland District of Cedar Lake pursuant to Section 17.29(2)(c)3. Request is to
construct a parking lot and walking trail on the southwest side of Cedar Lake.
6. APPLICANT: Christopher Marshall, owner
LOCATION: The NE 1 /4 of the NW 1 /4, Section 24, T30N -R20W, Town of St. Joseph
ADDRESS: 1483 24 Street, Houlton, WI
REQUEST: Special Exception request for a contractor's storage yard pursuant to Section 17.15(6)(d).
The request is to allow the applicant to operate Apostle Septic Service on the site and to
store vehicles and equipment related to the business.
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
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OF ICIAL
BOARD OF ADJUSTMENT M ETING AND HEARING MINUTES
July, 28, 2005
(This hearing recorded by a Court Reporter)
The meeting was called to order by Chai erson Julie Speer at 8:30 a.m. A roll call was
made. Julie Speer, Art Jensen, Sue Nelson, Buck Malick and Linda Luckey were present.
Staff included: Bob Bezek, Code Administrator, Jenny Shillcox, Zoning Specialist,David
Fodroczi, Planning and Zoning Director, Jenn Emmerich, Zoning Specialist, Steve
Olson, Land and Water Conservation Department and Debbie Murphy, recorder.
Chairperson Speer believes this to be a roperly noticed meeting, and the agenda was
adopted. 7
The next meeting for the Board will be August 25, 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 Nelson, seconded by Jensen to adopt the minutes from the June 23, 2005
hearing, with changes noted. Motion carried.
The hearing was opened and testimony taken and recorded by a court reporter.
NEW BUSINESS
Chairperson Speer welcomed everyone it attendance and gave a brief overview of how
the Board of Adjustment meeting is cond cted. Chairperson Speer stated that the public
hearing notice was published correctly an was read into the record as follows:
PUBLIC HE ARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public; hearing for Thursday,
July 28, 2005 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.
VARIANCES
1. APPLICANT: Roger Lindquist, owner
LOCATION: The NE' /4 of the NW '/4, Section 13, T28N -Rl7W, Town of Rush
River.
ADDRESS: Off of County Road N, Baldwin, WI
REQUEST: Variance to the 35-foot height requirement for a residential structure
pursuant to Section 7.14(3).
2. APPLICANT: Brian and Ann Hon, owners
LOCATION: Part of the NW 1 /4 o the SE' /4 and in part of the NE 1 /4 of the SW '/4,
all in Section 6, T29 -R19W, Town of St. Joseph
ADDRESS: 367 River Road, Hudson, WI
REQUEST: Variance request to fhe 15 -foot height requirements of an
accessory structure i� the Ag/Residential District pursuant to
Section 17.12(5). T e request is to construct a pole building on the
property to house recreational vehicles /equipment.
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SPECIAL EXCEPTIONS
3. APPLICANT: Tom and Jane Berg, ,owners
LOCATION: The NE' /4 of the SW %4, Section 36, T30N -R19W, Town of St.
Joseph
ADDRESS: 852 Willow River Dive, Hudson, WI
REQUEST: Special exception re uest for a permit for filling and grading on 12-
20% slopes in the SlIoreland District pursuant to
Section 17.29,2)(c)2. The request is to allow the applicant to install
an in- ground swi ng pool on the property.
4. APPLICANT: Bomaz, Inc., owner
LOCATION: The SE %2 of the SE %4 of the SW '/ Section 8, T28N -R17W,
Town of Pleasant V lley
ADDRESS: 426 165 Street, H ond, WI
REQUEST: Request is for an a endment to the original Special Exception
Permit dated Au 21, 1996 to increase the number of animal
units per acre and t construct an additional building pursuant to
Section 17.14(6)(i),
5. APPLICANT: Star Prairie Land P nervation Trust, owner/ Peter Kling, agent
LOCATION: The NE %4 of the S 1 / 4, Section 3, T31N -R18W, Town of Star
Prairie
ADDRESS: County Road H, St� Prairie, WI
REQUEST: Special Exception r =land est for filling and grading in excess of 2,000
square feet in the S District of Cedar Lake pursuant to
Section 17.29(2)(c) 3. Request is to construct a parking lot and
walking trail on the southwest side of Cedar Lake.
6. APPLICANT: Christopher Marsha 1, owner
LOCATION: The NE' /4 of the t/4, Section 24, T30N -R20W, Town of St.
Joseph
ADDRESS: 1483 24 Street, H ulton, WI
REQUEST: Special Exception r quest for a contractor's storage yard pursuant to
Section 17.15(6)(d) ' The request is to allow the applicant to operate
Apostle Septic Servce on the site and to store vehicles and
equipment related t the business.
All interested persons are invited to atten said hearing and be heard. Additional
information may be obtained from the St. Croix County Planning and Zoning
Department, Hudson, Wisconsin at (715) 86 -4680.
Juli Speer, Chairperson
St. roix County Board of Adjustment
The Board recessed from 9:45 a.m. to 1:0 p.m. to view the sites.
NEW BUSINESS
1) Nonmetallic Mining S ecial Exce ion Renewal Update
Shillcox updated the Board on the status f the Nonmetallic Mines in St. Croix County
stating that there are approximately 30 in es in the county. Letters have been sent out to
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all of them about updating their files. The e has been a response from about one -half of
the letters sent. There are about nine mine that need to renew their special exception
permits. Staff asked that the Board consider holding a special meeting in mid - January to
have hearings on these nine mines. Discussion held. This date will be set at a later time.
The Board will view the existing mines upj for renewal on November 9 at 8:30 a.m. The
Board will meet at the Government Center
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2) Schedule BOA training meetings
The staff suggested a training session for e board on the new Riverway Ordinance, and
a refresher on the Non - metallic Mining O inance. The Board will meet at 8:00 a.m. on
August 25 prior to the start of the next oard of Adjustment hearing, to go over the
revisions to the Lower St. Croix Riverwa Ordinance. The staff will look at putting
together a training session on Land Use, t ough UW Extension, sometime in October.
The Non - metallic Mining training will t place closer to the hearing date for the mines,
yet to be determined.
3 Schedule November /December heari LY dates
The Board set the November meeting dato for December 1, 2005, due to the
Thanksgiving Holiday. The December d e will be set at a later time.
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4 Update on revisions to BOA applicaions, a endas notice, staff reports
Staff asked for feedback from the Board n the new format being used for the Board of
Adjustment hearings. The Board was in �avor of the new format.
DECISIONS:
After hearing testimony on the requested ariance and special exception requests,
reviewing the material in the record, and onducting a site visit, the Board rendered the
following decisions:
Article #1: Roger Lindquist
Motion by Nelson, seconded by Speer to approve the variance request to the 35 -foot
height requirement for a residential s cture in the Ag/Residential District. Motion
amended by Malick, seconded by Nelso to adopt the following findings:
1. The applicant is Roger Lindquist, pro erty owner, 1652 Highway 12, Hammond, WI
54016.
2. The site is located in the NE' /4 of the t/4 of Section 13, T28N, R17W, Town of
Rush River, St. Croix County, WI.
3. The applicant filed an application wi the Board of Adjustment for a variance for a
residential structure to exceed the m imum height of 35 feet pursuant to Section
17.13(3)(a) of the St. Croix County ning Ordinance. The: structure is currently a
church that will be moved to the appl cant's property and be converted to a residence.
4. The final structure will meet all othe dimensional standards and required yard setbacks.
5. One single - family residence is an all wed use in the Ag Residential District. Other
potential future uses will require sep ate special exception. permits in the Ag
Residential District.
6. The church structure is in the Wisco sin Historical Society's Architecture and History
Inventory.
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7. The request will not negatively impact Oe character of the area; in fact, it will help to
preserve it. The church has existed sinco 1888 and serves as a local landmark that
contributes to the identity of area.
8. The request will not negatively impact the health, safety, and welfare of citizens.
9. The request is not contrary to the public interest.
10. The Town of Rush River has recomme ded approval of this request.
11. There has been no public opposition to the request.
12. Literal enforcement of the provisions o the Ordinance would not allow for the
preservation of a local landmark and re ult in a loss to the local community.
13. A steeple is an essential feature of a ch ch structure from 1888. This is not accounted
for in the current standards of the Or ' ance.
14. Elevation of the church foundation at a existing site is 40 feet higher than the
foundation at the new proposed site.
15. In granting this variance, the spirit of e Ordinance shall be observed and substantial
justice done by preserving a local Ian ark of cultural, architectural, historic, and
aesthetic significance to the communit . Height restrictions are intended to reduce
adverse effects of tall structures; a ch ch steeple from 1888 does not adversely impact
the community.
With the following conditions:
1. This variance allows the armlicant t move an existing c hurch structure onto to his
p rop erty and to retain the ste 1 that will be at a total finished hei t of
M roximately 82 feet. Aporoval of 1his variance does not include any additional uses,
structures or appurtenances not indic ted in the plans subm on June 13, 2005.
2. Prior to commencing construction, t e applicant shall be responsible for securing a
building permit from the Town of R sh River and obtaining any other required local,
State, or Federal permits and approv ls, including County approval of the rezoning
request.
3. Prior to commencing construction, t e applicant shall install erosion control
measures according to the Wisconsi Construction Site Best Management Practice
Handbook. The applicants shall esta lish permanent groundcover on all disturbed
areas immediately upon completion of construction.
4. The applicant shall have one (1) ye from the approval of this variance to
commence the construction of the alkout foundation and the placement of the
church structure on the new foundaf on. Prior to the end of the one -year time limit,
the applicant may request an extens on from the Planning and Zoning Department of
up to six months. Failure to do so s all result in expiration of the variance.
5. Any minor addition or change in th plans presented shall require review and
approval by the Planning and Zoni g Department prior to making the addition or
change. Any major addition or ch ge to the originally approved variance will have
to go through the variance process.
6. Accepting this decision means that�he applicant has read, understands, and agrees to
all conditions of this decision. By ccepting this approval the owner(s) are
ultimately responsible for compliance with the conditions of this approval.
The following vote was taken to approv : Nelson, yes; Malick, yes; Luckey, yes;
Chairperson Speer, yes. Motion carried -0. Jensen abstained from discussion and vote
due to conflict of interest as a member f the church congregation.
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Article #2: Brian and Ann Hon
Motion by Jensen, seconded by Malick t approve the variance request to the 15 -foot
height requirements of an accessory structure in the Ag/Residential District based on the
following findings:
1. The applicants are Brian and Elizab4th Ann Hon, property owners, 367 River Road,
Hudson, WI 54016.
2. The site is located in the NW 1 /4 of the SE' /4 and in part of the NE' /4 of the SW 1 /4,
all in Section 6, T29N -R19W, Town of St. Joseph, St. Croix County, WI.
3. The applicants filed an application with the Board of Adjustment for a variance for a
garage to exceed the maximum height of an accessory structure pursuant to Section
17.12(5) of the St. Croix County Zoning Ordinance.
4. The proposed garage meets all other dimensional standards and required rear and
side yard setbacks.
5. Accessory structures are allowed uses in the Ag Residential District.
6. The proposed garage will not negati ely impact the character of the area as it will be
located at a lower elevation relative o the surrounding landscape and will be
screened from adjoining properties by mature evergreen trees.
7. The request will not negatively impact the health, safety, and welfare of citizens.
8. The request is not contrary to the pu lic interest.
9. The Town of St. Joseph has recommended approval of this request.
10. There has been no public opposition to the request; in fact, all of the applicants' four
adjoining neighbors submitted signed letters in support of the variance.
11. Literal enforcement of the provisions of the ordinance would not allow for the
indoor storage of large -sized modeni vehicles and equipment.
12. In granting this variance, the spirit of the Ordinance shall be observed and
substantial justice done by allowing the applicants to store large vehicles and
equipment inside rather than outside where it can impact neighboring properties.
With the following conditions:
1. This variance allows the applicants to construct a garage at a height not to exceed
20' 3" at the midpoint between the eaves and the peak as indicated on the plans
submitted June 13 2005. A roval of this variance does not include any additional
structures or appurtenances not indicated in the plans.
2. Prior to commencing construction, the applicants shall be responsible for securing a
building permit from the Town of St. Joseph and obtaining any other required local,
State, or Federal permits and approvals.
3. Prior to commencing construction, the applicants 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.
4. The applicants shall be responsible for maintaining the current level of vegetative
screening of the ara e rovided by mature pine trees along adjoining propert y
lines as existed in the July 12 2005 photographs of the pr operty.
5. The applicants shall have one (1) y ar from the approval of this variance to
commence the construction. Prior t the end of the one -,year time limit, the
applicants may request an extension from the Zoning Administrator of up to six
months. Failure to do so shall result in expiration of the variance.
6. Any minor addition or change in t e plans presented shall require review and
approval by the Zoning Administr It or prior to making the addition or change.
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Any major addition or change to th� originally approved variance will have to go
through the variance process.
7. Accepting this decision means that the applicants have read, understand, and
agree to all conditions of this decision. By accepting this approval the owner(s)
are ultimately responsible for compliance with the conditions of this approval.
The following vote was taken to approve: Nelson, yes; Malick, yes; Luckey, yes; Jensen,
yes; Chairperson Speer, yes. Motion carried unanimously.
Article #3: Tom and Jane Berg
Motion by Nelson, seconded by Jensen to approve the special exception request for a
permit for filling and grading on 12 -20% slopes in the Shoreland District based on the
following findings:
1. The applicants are Tom and Jane B rg, property owners, 852 Willow River Drive,
Hudson, WI 54016.
2. The site is located in the NE 1 /4 oft the SW 1 /4, all in Section 36, T30N -R19W,
Town of St. Joseph, St. Croix Courty, WI.
3. The applicants filed an application with the Board of Adjustment for a special
exception permit to fill and grade in excess of 1000 square feet on 12 — 20 percent
slopes in the Shoreland District for a pool, deck and retaining wall pursuant to
Section 17.29(2)(c)(2) of the St. Croix County Zoning Ordinance.
4. This request does not violate the spirit or general intent of the St. Croix County
Zoning Ordinance.
5. This request does not negatively impact the public health, safety or general
welfare of the public, nor would it e substantially adverse to property values in
the neighborhood.
6. This request does not constitute a n isance by reason of noise, dust, smoke, odor
or other similar factors.
7. The proposed pool location is the oly suitable location on the property due to an
existing drainage swale, house, utility lines, driveway, septic system, and steep
vegetated slopes. 1
8. With the proper erosion control, this request will not increase water pollution
including sedimentation, nor will it lead to increased erosion or drainage issues.
9. With the reestablishment of native egetative cover upon completion of the
project, the natural characteristics c f the site will be maintained.
10. The proposed pool location is outsi ie of the floodplain of the Willow River.
11. The Town of St. Joseph has recommended approval of this request with a
condition to add two layers of silt f nce on the north end to tie into the house.
12. The St. Croix County Land and W ter Conservation Department supports
approval of the request with condit ons for erosion control and storm water
management.
13. The Wisconsin Department of Natural Resources has no objections to this request.
14. There has been no public opposition to the request.
15. The request is not contrary to the public interest.
With the following conditions:
1. This special exception permit allo s the applicants to disturb 12 — 20 percent
slopes in the shoreland area to construct a pool, deck and retaining wall.
Approval for this special exception permit does not include any additional grading
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and filling, structures, or impervious coverage not shown or indicated in the plans
submitted June 15, 2005.
2. Prior to commencing construction, the applicants shall secure a town building
permit from the Town of St. Joseph and obtain any other required local, State, or
Federal permits and approvals.
3. Prior to commencing construction, tie applicants shall submit to and have approved
by the Planning and Zoning Departn ient a detailed erosion and sediment control
plan consistent with the Land and ater Conservation Department's Land and
Water Resource Management Plan and the Wisconsin Construction Site Best
Management Practice Handbook. r he plan shall include two rows of silt fence as
recommended by the Town of St. J seph.
4. Prior to commencing construction, the applicants must submit to the Planning and
Zoning Department a construction imeline and contact information for the
contractor and/or landscaper in charge of excavation on the site.
5. Prior to beginning any work, the ar plicants must schedule an on -site pre -
construction meeting that includes he landowner, contractor and/or landscaper,
and St. Croix County Planning and Zoning and Land and Water Conservation
Department staff members. Items I o be discussed include but are not limited to
coordinating installation of BMPs, construction timelines, roles and
responsibilities of owner, engineer, architect, and contractor.
6. During construction, the smallest ount of bare ground shall be exposed for as
short a time as possible. Temporary ground cover such as mulch shall be used
and permanent cover such as sod or a native seed mix shall be planted.
7. All water discharged from the pool including storm water or seasonal drainage,
shall be discharged at the toe of the slope and allowed to infiltrate to prevent a
potential for erosion on the existing steep bank.
8. Within 30 days of completing construction, the applicants shall submit record
drawings prepared by the project engineer and photographs of the property to the
Planning and Zoning Department.
9. Any minor change or addition to tb a project, including but not limited to design of
the project, shall require review and approval by the Planning and Zoning
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.
10. The applicant shall have one (1) y ar from the issuance of the special exception
permit to commence construction. Failure to do so shall result in expiration of the
special exception permit. If the special exception permit expires before
construction commences, the appli ant will be required to secure a new special
exception permit before starting or completing construction on the project.
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 t the applicant and ail 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; Jensen, yes; Luckey, yes;
Chairperson Speer, yes. Motion carried 4-1). Malick abstained from discussion and vote
due to potential conflict of interest with a client.
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Article #4: Bomaz, Inc.
Motion by Speer, seconded by Nelson to approve the request for an amendment to the
original Special Exception Permit dated A *gust 21, 1996 to increase the number of
animal units per acre and to construct an additional building based on the following
findings:
1. The applicant is Greg Zwald, Born , Inc., 426 165 Street, Hammond, WI
54015.
2. The site is located in the SE %2 of the SE %a of the SW '/a of Section 8, T28N,
R17W, Town of Pleasant Valley, St. Croix County, WI.
3. The applicant filed an application with the Board of Adjustment to amend a
special exception permit approved by the Board on August 21, 1996 and pursuant
to Section 17.14(6)(i) of the Ordinance for the purpose of increasing the number
of cows and young -stock on site and constructing a new building and manure
storage lagoon.
4. This request does not violate the sp rit or general intent of the St. Croix County
Zoning Ordinance in that it is improving an existing situation.
5. This request does not negatively impact the public health, safety or general
welfare of the public, nor would it be substantially adverse to property values in
the neighborhood as it enrolls morc agricultural land in the CREP program to
reduce agricultural runoff into a sensitive stream corridor and brings an existing
farm into compliance with current iules and regulations.
6. This request does not constitute a nuisance by reason of noise, dust, smoke, odor
or other similar factors and will lik ly help to reduce noise and odor.
7. The applicant has no history of violations and is in compliance with the
conditions of his existing special exception permit approved on August 12, 1996.
8. The Town of Pleasant Valley has recommended approval of this amendment.
9. The Land and Water Conservation Department has been working closely with the
applicant and supports the amendment.
10. The Wisconsin Department of Natural Resources has not objected to this
amendment.
11. , There has been no public opposition to this amendment.
With the following conditions:
1. This special exception permit am ndment allows the applicant to increase the
number of cows on his farm to 625 and keep 550 head of young -stock on site, and
to construct a new building and manure storage lagoon as indicated in the plans
submitted on June 15, 2005. This approval does not include any additional animal
units, construction, or activities not indicated in those plans.
2. Prior to commencing construction of the new building and manure storage lagoon,
the applicant shall obtain any necessary local, State., or Federal permits and
approvals, including those requirel from the Wisconsin Department of Natural
Resources.
3. Prior to commencing construction, the applicant shall submit to the Zoning
Administrator final plans for the pro osed manure storage lagoon to be reviewed
and approval by the Land and Watel Conservation Department.
4. Prior to and during construction, th applicant shall follow the Land and Water
Conservation Department's Land d Water Resource Management Plan and
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ensure that all erosion control BM 's are consistent with the Wisconsin
Construction Site Best Management Practice Handbook.
5. Within 60 days of completing construction of the new building and manure
storage lagoon, the applicant shall submit to the Zoning Administrator an as -built
drawing prepared by a registered land surveyor of the entire dairy farm operation.
6. Within 60 days of completing construction of the new manure storage lagoon, the
applicant shall install safety fence around the existing and proposed manure
storage lagoons in accordance with current 313 Waste Storage Standards.
7. The existing and proposed manure storage lagoons shall be maintained and
managed in compliance with State aw.
8. Within one year of approval of this special exception amendment, the applicant
shall submit to the Zoning Admini trator and the Land and Water Conservation
Department a 590 Nutrient Manag ment Plan. In addition, annual updates of the
590 plan and spreading reports sha 1 be submitted to the Land and Water
Conservation Department by June st of each year.
9. All conditions of the August 21, 1 96 Board of Adjustment approval shall remain
in full effect.
10. The applicant shall have two (2) years from the issuance of the special exception
permit to commence construction c f the new building and manure storage lagoon.
Failure to do so shall result in expiration of the special. exception permit. If the
special exception permit expires before construction commences, the applicant
will be required to secure a ne special exception :permit before starting or
completing construction on the pro ect.
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 9f St. Croix County. Conditions will not be
amended or added without notic to the applicant and an opportunity for a
hearing.
12. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
The following vote was taken to approve: Nelson, yes; Malick, yes; Luckey, yes; Jensen,
yes; Chairperson Speer, yes. Motion carriei unanimously.
Article #5: Star Prairie Land Preservat on Trust
Motion by Malick, seconded by Jensen to pprove the request for a special exception
permit for filling and grading in excess of ,000 square feet in the Shoreland District of
Cedar Lake based on the following findin s:
1. The applicant is the Star Prairie Lad Preservation Trust, PO Box 155, New
Richmond, WI 54017. 1
2. The site is located in the NE t /4 of the SW '/4 of Section 3, T3 1N, RI 8W, Town of
Star Prairie, St. Croix County, WI.
3. The applicant filed an application with the Board of Adjustment for a special
exception permit to fill and grade in excess of 2,000 square feet on 12 percent
slopes and less in the Shoreland Di trict of Cedar Lake pursuant to Section
17.29(2)(c)(3) of the St. Croix County Zoning Ordinance.
4. This request does not violate the spirit or general intent of the St. Croix County
Zoning Ordinance as it will provide greater access to a public resource and more
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opportunities for low impact recreational activities including fishing and wildlife
watching.
5. This request does not negatively impact the public health, safety or general
welfare of the public, nor would it l e substantially adverse to property values in
the neighborhood.
6. This request does not constitute a n4isance by reason of noise, dust, smoke, odor
or other similar factors.
7. With erosion control and storm water management measures designed by the St.
Croix County Land and Water Con 3ervation Department, this request will not
increase water pollution and sedimentation in Cedar Lake, nor will it negatively
impact the DNR- designated sensiti a area located on the; site.
8. With the preservation of the nears ore marsh area and reestablishment of native
terrestrial vegetative cover upon completion of the project, the natural and
ecological characteristics of this designated sensitive area will be maintained.
9. The Town of Star Prairie has reco ended approval of this request.
10. The St. Croix County Land and Water Conservation Department has designed this
project and will oversee the construction and conduct final inspections.
11. The Wisconsin Department of Na ral Resources does not object to this request.
12. There has been no public oppositioP to this request; in fact, there has been much
public support.
With the following conditions:
1. This special exception permit allows the applicant to disturb 7,000 square feet of
land in the shoreland area of Cedar Lake to install a public summer carry -in boat
access as indicated in the plans submitted on June 15, 2005. Approval for this
special exception permit does not i clude any additional grading and filling,
structures, or impervious coverage of shown or indicated in the plans.
2. Prior to commencing construction, the applicants shall secure necessary permits
from the Town of Star Prairie and c btain any other required local, State, or
Federal permits and approvals including, but not limited to, a Chapter 30 permit
from the Wisconsin Department of Natural Resources.
3. During construction, the smallest a nount of bare ground shall be exposed for as
short a time as possible. Upon con pletion of the construction, temporary ground
cover such as mulch shall be used, end permanent native ground cover, shrubs,
and trees shall be planted to maintain the wildlife habitat on the site.
4. During and after construction, the a plicant shall follow the recommendations for
Sensitive Area CLS3 in the Wiscon in Department of Natural Resources report
titled, Designation of Sensitive Areaq in Cedar Lake, St. Croix County. This report is
available upon request at the PI ' g and Zoning Department.
5. Any signs on the property shall comply with the sign standards pursuant to
Section 17.30 of the Ordinance.
6. Within 60 days of completing consi ruction, the applicant shall submit to the
Zoning Administrator photographs of the completed project.
7. Within 60 days of completing cons ction, the applicant shall submit to the
Zoning Administrator an operation and maintenance agreement for the storm
water pond recorded against the deed for the property.
8. 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 special exception approval process.
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9. The applicant shall have one (1) ye from the issuance of the special exception
permit to commence construction. ailure to do so shall result in expiration of the
special exception permit. If the special exception permit expires before
construction commences, the applicant will be required 1.0 secure a new special
exception permit before starting or Ompleting construction on the project.
10. These conditions may be amended r 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.
11. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
The following vote was taken to approve: Nelson, yes; Malick, yes; Luckey, yes; Jensen,
yes; Chairperson Speer, yes. Motion carried unanimously.
Article #6: Christopher Marshall
Motion by Malick, seconded by Speer to a prove the special exception request for a
contractor's storage yard in the Ag/Reside tial District based on the following findings:
1. The applicant is Christopher Marshall, property owner, 1483 24 Street, Houlton,
WI 54082.
2. The site is located in the NE t /4 of the NW '/4, all in Section 24, T30N -R20W,
Town of St. Joseph, St. Croix County, WI.
3. The applicant filed an application with the Board of Adjustment for a special
exception permit for a contractor's torage yard pursuant to Section 17.15(6)(d)
and 17.70(7)(a) of the St. Croix Co inty Zoning Ordinance.
4. This request does not violate the sprit or general intent of the St. Croix County
Zoning Ordinance in that contracto 's storage yards are allowed in the Ag
Residential district.
5. With adequate screening of outdoor storage areas, this request does not negatively
impact the public health, safety or general welfare of the public, nor would it be
substantially adverse to property vE lues in the neighborhood.
6. This request does not constitute a nuisance by reason of noise, dust, smoke, odor
or other similar factors as no servic s or operations will occur on site, only the
storage of vehicles and equipment.
7. The Town of St. Joseph has recommended approval of this request.
8. There has been no public opposition to the request; however, a complaint on the
outside storage of the portable rest rooms led to this application.
9. The request is not contrary to the public interest.
With the following conditions:
1. This special exception permit allo s the applicant to maintain a contractor's
storage yard to store vehicles and equipment related to Apostle Septic Service as
indicated in the plans submitted on June 15, 2005. Approval for this special
exception permit does not include y additional structures, services, or
operations not indicated in the plan 3 as part of the current business.
2. Within three months of this approval, the applicant shall construct the proposed
berm and plant trees and shrubs according to the plans submitted along the north
and west sides of the property. All arked vehicles shall be fully screened from
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adjacent properties and public road. Portable restrooms shall be stored inside the
building or the lean-to on the side Of the pole shed, which shall be fully enclosed.
It shall be the applicant's responsibility to maintain and replace trees and shrubs
surrounding all outside parking are4s as needed to ensure proper screening.
3. Prior to commencing construction, he applicants shall secure a town building
permit from the Town of St. Joseph. and obtain any other required local, State, or
Federal permits and approvals.
4. General hours of operation shall not extend beyond 8:00 AM and 10:00 PM,
except for emergencies.
5. No onsite retail sales, services, or other operations shall be allowed.
6. No hazardous materials shall be stored inside the buildings or on the site. Storage
of petroleum products shall comply with State and Federal regulations.
7. All lighting associated with the business shall be illuminated downward and
shielded away from neighboring properties to minimize ,glare.
8. The applicant shall be responsible f or contacting the Zoning Administrator to
review this special exception permi in two years from the approval date for
compliance (July 2007).
9. Any minor change or addition to th project, including but not limited to design of
the project, shall require review an approval by the Zoning Administrator prior
to making the change or addition. y major change or addition to the originally
approved plan will have to go thro gh the special exception approval process.
10. These conditions may be amended additional conditions may be added if
unanticipated conditions arise that ould 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.
11. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
12. Signage on site shall be limited tot a existing limestone sign, which shall not be
increased in size or lighted.
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The following vote was taken to approve: Nelson, yes; Malick, yes; Luckey, yes; Jensen,
yes; Chairperson Speer, yes. Motion carried unanimously.
The meeting declared adjourned at 3:15 p.m.
Respectfully submitted:
i
Sue Nelson, Secretary Debr4 Murphy, Recording Secretary
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