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HomeMy WebLinkAboutBoard of Adjustment 08-25-05 i ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday August 25, 2005 00 a.m. Government Center, Hudson, Wisconsin A GENDA A. CALL TO ORDER/ ROLL CAL B. OPEN MEETING LAW STATE ENT C. ACTION ON PREVIOUS MINUTES D. DATE OF NEXT MEETING: September 22, 2005 E. HEARINGS 1) See attached Public Hearing Notice F. UNFINISHED BUSINESS G. NEW BUSINESS 8:00 a.m. to 8:30 a.m. • New Lower St. Croix Rive ay Ordinance Training Session 1) Select final dates for Nonmetallic Mining Training Session and Special Meeting 2) Schedule December BOA Hearing date 3) Policy Recommendations to the Planning and Zoning Committee 4) Date for BOA Workshop H ANNOUNCEMENTS AND CO SPONDENCE I. ADJOURNMENT (Agenda not necessarily presented in this order.) SUBMITTED BY: St. Croix County Planning and Zoning Department DATE: August 17, 2005 COPIES TO: County Board Office County Clerk Board Members News Media/Notice Board * CANCELLATIONS /CHANGES /ADDITIONS ` OFFICIAL BOARD OF ADJUSTMENT M ETING AND HEARING MINUTES Augu t 25, 2005 (This hearing recor ed 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 Nelso , Buck Malick and Linda Luckey were present. Staff included: Bob Bezek, Code Admini trator, Jenny Shillcox, Zoning Specialist,David Fodroczi, Planning and Zoning Director, enn Emmerich, Zoning Specialist, Steve Olson, Land and Water Conservation Department d Debbie Murphy, recorder. NEW LOWER ST CROIX RIVERWAY RDINANCE TRAINING SESSION (8:00 am to 8:30 am) Shillcox went over the new Ordinance with the Board, highlighting the changes between the old ordinance and the n w. The meeting of the Board of Adjustment wa called to order. Chairperson Speer believes this to be a properly noticed meeting, and the age a was adopted. The next meeting for the Board will be Sep mber 22, 2005. The meeting will be held in the County Board Room at the Government Cen er. The starting time will be 8:30 a.m. MINUTES Motion by Malick, seconded by Jensen to adept the minutes from the July 28, 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 in a tendance 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 ARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, August 25, 2005 at 8:30 a.m. at the Government Cente , 1 101 Carmichael Road, Hudson, Wisconsin, to consider the following requests under the St. C oix County Zoning Ordinance. The Board will view each site in question, after which the Boa d will deliberate and vote on the requests. VARIANCES 1. APPLICANT: Roger and Jeanne LaL berty, owner LOCATION: The NE' /4 of the SE 1 /4 Section 4, T28N -R19W, Town of Troy ADDRESS: 588 Tower Road, Huds n, WI 54016 REQUEST: Variance request to the 15 -foot height requirements of an accessory structu a in the Ag/Residential District pursuant to Section 17.12(5). The equest is to construct a pole building on the property to house a mo or home. 2. APPLICANT: Richard Hinquist, own rs LOCATION: Gov. Lot 1 in Section 2 , T28N -R20W, Town of Troy ADDRESS: 120A Black Bass Road River Falls, WI REQUEST: Variance request to t e 15 -foot height requirements of an accessory structure in the Ag/Res dential District pursuant to Section 17.12(5) and � 9 i Section 17.36G.4'a.3 !of the St. Croix Riverway District, a variance request to the sideyar4 setback of a neighboring property line in the St. Croix Riverway District pursuant to Section 17.36 G.5.c.3., and a variance to a Class t Highway setback pursuant to 17.64(e)2. The request is to constrL ct a pole building on the property to house recreational vehicles/e uipment. 3. APPLICANT: John and Cathy Gunther, owners LOCATION: Gov. Lot 1 in Section '4 and 15, T30N -R20W, Town of Somerset. ADDRESS: 1488 Twin Springs Ro d REQUEST: Variance request to 1he 15 -foot height requirements of an accessory structure in the Ag/Re idential District pursuant to Section 17.12(5), and a variance request tote OHWM and bluffline setback of the St. Croix River pursuant to Section 17.36(5)(c) of the St. Croix Riverway District. The request is to consbuct a gazebo and a deck on the existing lot. SPECIAL EXCEPTIONS 4. APPLICANT: Pa Yang Moua and a Yang, owners LOCATION: The NE %4 of the NE 1 /, Section 15, T29N- R.1 8W, Town of Warren ADDRESS: 966 Highway 65, Roberts, WI REQUEST: Special exception request for a major home occupation pursuant to Section 17.155(6). ThT request is to allow the applicant to make traditional Hmong win. 5. APPLICANT: CANCELED: Tom Rose, et al., owner LOCATION: The NE 1 /4 of the SW 1 4 and the NW 1 /4 of the SE '/4, Section 36, T30N- R20W, Town of St. Jo 3eph. ADDRESS: Off of 125 Avenue Hudson, WI REQUEST: Special Exception reqt est for filling and grading on slopes of 20% or more in the Ag/Reside itial District pursuant to Section 17.15(6)(t). Request is to create bu lding pads and driveways for two single family lots. All interested persons are invited to attend sa d hearing and be heard. Additional information may be obtained from the St. Croix County Panning and Zoning Department, Hudson, Wisconsin at (715) 386 -4680. Julie Speer, Chairperson St. Croix County Board of Adjustment The Board recessed from 10:10 a.m. to 1:50 �.m. to view the sites. NEW BUSINESS DECISIONS: After hearing testimony on the requested variance and special exception requests, reviewing the material in the record, and conducting a site visit, the Board rendered the following decisions: 2 Article #1: Roger and Jeanne LaLiberty Motion by Nelson, seconded by Jensen to approve the variance request to the 15 -foot height requirement for an accessory structure in the Ag/Residential District based on the following findings: 1. The applicants are Roger and Jeanne taliberty, property owners, 588 Tower Road, Hudson, WI 54016. 2. The site is located in the NE %4 of the E %a, Section 4, T28N -R19W, Town of Troy, St. Croix County, WI. 3. The applicants filed an application wit the Board of Adjustment for a variance for a pole barn to exceed the maximum height o an accessory structure pursuant to Section 17.12(5) of the St. Croix County Zoning Ordinance. 4. The proposed pole barn meets all other dimensional standards and required rear and side yard setbacks. 5. Accessory structures are permitted uses in the Ag Residential District. 6. The request is not contrary to the public interest as it will allow for the indoor storage of large vehicles and equipment, will be screened from adjoining properties by pines and hardwoods, and will not cause an increase in surface runoff on existing properties. 7. Literal enforcement of the provisions of the ordinance would not allow for the indoor storage of large -sized modern vehicles and equipment. 8. In granting this variance, the spirit of tie Ordinance shall be observed and substantial justice done by allowing the applicantE to store large vehicles and equipment inside rather than outside where it can negatil rely impact neighboring properties. 9. The Town of Troy has recommended pproval of this request. 10. There has been no public opposition tc the request. I With the following conditions: 1. This variance allows the applicants to a pole barn at a height not to exceed 19 feet at the midpoint between the eaves and the peak as indi on the plans submitted July 15 2005. A roval of this variance does not includ any additional filling and gr ading, structures or appurtenances rot indicated in the pl ans. 2. Prior to commencing construction, the applicants shall be responsible for securing a building permit from the Town of Tr y and obtaining any other required local, State, or Federal permits and approvals. 3. Prior to commencing construction, th applicants shall install erosion control measures according to the Wisconsin Construct ion Site Best Management Practice Handbook. The applicants shall establish permanent groundcover on all disturbed areas immediately upon completion of con truction. 4. Within six months of coMpleting completing cons ruction of the pole barn the applicants shall plant the trees and install the storm water rc tention measures ind icated in the plans submitted on July 15 2005. When com let d the a licants shall submit to the Zonin Administrator photos of the landsca i g and storm water ret ention measures. 5. The applicants shall have one (1) year from the approval of this variance to commence the construction of the pole barn. Prior to the end of the one -year time limit, the applicants may request an extension f rom 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 the lans presented shall require review and approval by the Zoning Administrator prior to inaking the addition or change. Any major addition or change to the originally approved variance will have to go through the variance process. 3 I 7. Accepting this decision means that t e applicants have read, understand, and agree to all conditions of this decision. By ac epting this approval the owner(s) are ultimately responsible for compliance with the onditions of this approval. The following vote was taken to approve: N�lson, yes; Malick, yes; Luckey, yes; Jensen, yes; Chairperson Speer, yes. Motion carried unan mously. Article #2: Richard Hinquist Motion by Malick, seconded by Jensen to pprove all three variance requests based on the following findings: 1. The applicant is Richard Hinquist, pr�perty owner, 120A Black Bass Road, River Falls, WI 54022. 2. The site is located in Gov. Lot 1 all in Section 25, T28N, R20W, Town of Troy, St. Croix County, WI 3. Accessory structures are permitted us s in the Lower St. Croix Riverway District. 4. The Wisconsin Department of Natur I Resources does not object to these requests. 5. The Land & Water Conservation Dep artment does not object to these requests. 6. There has been no public opposition to these requests. 7. In granting this variance, the spirit of the Ordinance shall be observed and substantial justice done by allowing the applican s to have a permitted use on their property while maintaining the scenic beauty of the I tiverway. Item #1, Height Variance Request: ! Staff offers the following findings and conclusions of law pertinent to Item #1 for the Board's consideration: 1. The applicants filed an application wit the Board of Adjustment for a variance for a storage garage to exceed the maximum height of an accessory structure pursuant to Sections 17.12(5) and 17.36G.4.a.3. of the St. Croix County Zoning Ordinance. 2. The height of the storage garage will not be contrary to the public interest. The primary public purpose of the height restriction in the Riverway is to preserve and maintain the exceptional and natural characteristics of the Lower St. Croix River Valley. The site is heavily vegetated and the structure wil 1 be visually inconspicuous; thus, the public purpose will not be undermined with t ie approval of this variance. 3. Literal enforcement of the provisions f the Ordinance would not allow for the indoor storage of large -sized modern vehicles and equipment. Item #2 Side Yard Setback Variance Re est: Staff offers the following findings and conchisions of law pertinent to Item #2 for the Board's consideration: 1. The applicants filed an application with the Board of Adjustment for a variance to encroach upon the side yard setback cf a neighboring property line in the St. Croix Riverway District pursuant to Section 17.36 G.5.c.3. of the St. Croix County Zoning Ordinance. 2. The encroachment of the proposed storage garage will not be contrary to the public interest. The primary public purposes c f the sideyard setback: requirements in the Riverway are to preserve the low-density development and preserve and maintain the exceptional scenic and natural charact 'stics of the Lower St. Croix River Valley. Dense pine trees will help to screen th storage garage from the adjacent property to the south and from the river. �4 3. Literal enforcement of the provisions f the Ordinance would create an unnecessary hardship for the property owners duet unique characteristics of their site that result in their having no compliant building loc4tion. These site limitations are not self - created by any actions of the landowner. Item #3, Road Setback Variance Request: Staff offers the following findings and concl sions of law pertinent to Item #3 for the Board's consideration: 1. The applicants filed an application wit, the Board of Adjustment for a variance to encroach upon the road setback of Bla k Bass Road, a Class E Highway, in the St. Croix Riverway District pursuant to Section 17.64(e)2. of the St. Croix County Zoning Ordinance. 2. The encroachment of the proposed storage garage will not be contrary to the public interest. The primary public purposes of the road setback requirements in the Riverway are to preserve the public safety of the people traveling on the road and maintain the exceptional scenic and natural characteristics of the Lower St. Croix River Valley. Black Bass Road is a lightly traveled private I Laccess road that services a small number of lots and has a low speed limit. 3. Literal enforcement of the provisions of the Ordinance would create an unnecessary hardship for the property owners due to unique characteristics of their site that result in their having no compliant building location. These site limitations are not self - created by any actions of the landowner. With the following conditions: 1. These variances allow the applicant to construct a storage garage within the side yard and road setbacks of St. Croix River md up to a total height of 17 feet as measured to the midpoint of the roof in accordance with the plans submitted on July 15, 2005. Approval of these variances does not include any additional grading and filling, structures, or impervious coverage n t shown or indicated in those plans. 2. Prior to commencing construction of the storage garage, the applicants shall secure a building permit from the Town of Troy and obtain any other required local, State, or Federal permits and approvals. 3. Prior to commencing construction of he storage garage, the applicants shall submit to and have approved by the Zoning Achninistrator a storm water management plan and erosion and sediment control plan ptusuant to Section 17.36 H.7. of the Ordinance. The plans shall be designed to retain storm water and sediments on site, and shall include measures for protecting the a isting trees on the site during construction. 4. Prior to commencing construction of he storage garage, the applicants shall schedule an on -site pre - construction meeting ith the Zoning Administrator to: • provide a construction timelin and contact information for the contractors and/or landscapers in charge ef the site improvements; • to ensure that all pre-construcl ion conditions have been met; and • to ensure that the property owners and any contractors involved are aware of their roles and responsibilities' 5. Within 30 days of completing construction, the applicants shall submit to the Zoning Administrator record drawings prepared by a registered surveyor and photographs of the property as viewed from Black Bass Road and from the St. Croix River. i I5 i 6. The applicant shall be responsible fo maintaining and enhancing the current level of tree cover on the site to ensure long -trm screening of the structure from the St. Croix River and from adjacent properties. 7. Any minor change or addition to the project, including but, not limited to design of the project, shall require review and app oval by the Zoning Administrator prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the variance approval process. 8. The applicant shall have one (1) year from the issuance of these variances to commence construction. Failure to d so shall result in expiration of the variances. If the variances expire before construction commences, the applicant will be required to secure new variances before starting or completing the project. 9. These conditions may be amended or additional conditions may be added if unanticipated conditions arise that w uld 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 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 #3: John and Kathy Gunther Motion by Malick, seconded by Luckey tot le the request for a Variance for an existing deck and gazebo to encroach within the bluffline an I OHWM setbacks and for a variance to the height limit for accessory structures. The Board has 'quested additional information and detailed plans on how the applicant is going to address the e sion and runoff problems identified on the property, and to also hear the variance request to the road setback that is being heard at September hearing. The following vote was taken to table: Nels n, yes; Jensen, yes; Luckey, yes; Malick, yes; Chairperson Speer, yes. Motion carried unanimously. Article #4: Pa Yang Moua/ Khue Yang Motion by Malick, seconded by Jensen to approve the request for a special exception permit for a major home occupation to make traditional Hmong wine based on the following findings: 1. The applicants are Pa Yang Moua, pr perty owner, and Khue Yang, prospective property owner, 966 Highway 65, Roberts, WI 54023. 2. The site is located in NE' /a of the NE 1 /4, Section 15, T29N -R18W, Town of Warren, St. Croix County, WI. 3. The applicants filed an application with the Board of Adjustment for a special exception permit for a major home occupation to make traditional Hmong wine pursuant to Section 17.155(6) of the t. Croix County Zoning Ordinance. 4. This request does not violate the spiri or general intent of the St. Croix County Zoning Ordinance in that major home occupations are allowed in the Ag Residential district, and the proposed operation meets all of the general standards for home occupations, as well as all of the standards specific to major home occupations. 5. With adequate screening of parking al and assurance from the fire department that no aspects of the operation will pose fire hazard, this request would not negatively 6 impact the public health, safety or ge eral welfare of the public, nor would it be substantially adverse to property val es in the neighborhood. The residential character of the property will be maintained. 6. This request does not constitute a nuioance by reason of noise, dust, smoke, odor or other similar factors as no services of, operations will occur outside of the accessory barn other than deliveries and pick-ups. 7. The Town of Warren has recommenc ed approval of this request with conditions. 8. There has been no public opposition o the request. 9. The square footage of the pole barn Was estimated by staff to be over 1,000 square feet in area, not 800 square feet as indicat d in the plans submitted on June 15, 2005. With the following conditions: 1. This special exception permit allows he applicant, Khue Yang and his fianc6e, Sarah Fang, to make traditional Hmong wine out of an accessory storage barn on the property they are about to purchase as indicated in the plans submitted on June 15, 2005, except where those plans are inconsistent with the conditions of this permit. Approval for this special exception permit does not include any additional structures, services, production, or operations n t indicated in the plans as part of the proposed major home occupation. 2. Prior to commencing the major home occupation, the applicant shall obtain any other required local, State, or Federal permits, licenses, and approvals. 3. Prior to commencing the major home occupation, the applicant shall provide to the Zoning Administrator a written statement from the local fire department that all heating and electrical sources in the am will not pose a fire hazard. 4. All parked vehicles and delivery areas shall be fully screened from adjacent properties and public roads with wood fencing cr shrubs and trees. It shall be the applicant's responsibility to maintain and replace trees and shrubs surrounding all outside parking areas as needed to ensure proper sere Wing. 5. Hours of operation shall not extend beyond 8:00 AM and 10:00 PM. 6. The applicant shall have no more than two employees in addition to himself and his fianc6e, Sarah Fang. 7. The applicant shall be responsible for keeping the property in a neat and orderly manner. No materials or equipment hall be stored outside or be allowed to accumulate on the property. 8. No hazardous materials shall be stored on the site. Storage of propane and any other petroleum products shall comply with State and Federal regulations. 9. All lighting associated with the busin ss shall be illuminated downward and shielded away from neighboring properties to minimize glare. 10. No onsite retail sales shall be allowed, including no resale or consignment of goods, no selling of wine or other related stocks of merchandise or products for purchase by the general public. 11. The applicant shall be responsible for contacting the Zoning Administrator to review this special exception permit in two y ars from the approval date for compliance (August 2007). 12. Any minor change or addition to the riajor home occupation, including but not limited to increased production of wine over 000 one -liter bottles per month, shall require review and approval by the Zoning Ai Iministrator 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. �7 . 13. These conditions may be amended or additional conditions may be added if unanticipated conditions arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant hand an opportunity for a hearing. 14. Accepting this decision means that t applicant has read, understands, and agrees to all conditions of this decision. 15. This special exception permit shall be temporary in nature and shall be granted to Khue Yang. It shall not be transferable from person to person or address to address. 16. All aspects of the major home occup tion shall be conducted within a total area not to exceed 1000 square feet within the principal and accessory buildings on the lot. 17. Within 60 days of this approval, the applicants shall submit to the Zoning Administrator a detailed plan for handling the solid and liquid waste and by- products of the wine production. 18. On December 31 of each year, the a plicant shall submit copies of all quarterly reports required by the Wisconsin manufacturing and bottling permit for that calendar year. 19. There shall be no on -site signage. 20. Deliveries and pickups shall be limit d to no more than 18 times per week during the first year of operation to no more than 60 times per week by the third year. The following vote was taken to approve: N lson, yes; Malick, yes; Luckey, yes; Jensen, yes; Chairperson Speer, yes. Motion carried unanimously. Meeting dates: The Board set the following dates for upcom ng meetings: BOA workshop at the Gov. Center in Hudson: October 28, 2005 November BOA meeting: December 1, 2005 December BOA meeting: January 5, 2006 Non - Metallic Mining permits — special meeting date: February 2006 Policy Recommendations: After some discussion, the Board decided to recommend amending the ordinance to allow the Code A inistrator to grant :height variances up to 20- feet, without going through the hearing process, if the property is located outside of the St. Croix Riverway District and if the adjoining landowners and the town agree in writing. The meeting declared adjourned at 3:15 p.m. Respectfully submitted: Sue Nelson, Secretary Debra Murphy, Recording Secretary i i 8 i PUBLIC HEARING ARING NOTICE The St. Croix County Board of Adjustment has sche uled a public hearing for Thursday, August 25, 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 Ordinan6e. The Board will view each site in question, after which the Board will deliberate and vote on the requests. VARIANCES 1. APPLICANT: Roger and Jeanne LaLibe , owner LOCATION: The NE 1 /4 of the SE 1 /4, Se tion 4, T28N -R19W„ Town of Troy ADDRESS: 588 Tower Road, Hudson, 54016 REQUEST: Variance request to the 154foot height requirements of an accessory structure iii the Ag/Residential District pursuant to Section 17.12(5). The request is to construct a pole building on the property to house a motor,"e. i 2. APPLICANT: Richard Hinquist, owners' LOCATION: Gov. Lot 1 in Section 25,!T28N -R20W, Town of Troy ADDRESS: 120A Black Bass Road, Fiver Falls, WI REQUEST: Variance request to thei 15 -foot height requirements of an accessory structure in the Ag/Residential District Oursuant to Section 17.12(5) and Section 17.36G.4.a.3 of the St. Croix Riverway Distric , a variance request to the sideyard setback of a neighboring property line in the St. qroix Riverway District pursuant to Section 17.36 G.5.c.3., and a variance to a Class E Hi way setback pursuant to 17.64(e)2. The request is to construct a pole building on the p operty to house recreational vehicles /equipment. 3. APPLICANT: John and Cathy Gunthe#, owners LOCATION: Gov. Lot 1 in Section 14 and 15, T30N -R20W, Town of Somerset. ADDRESS: 1488 Twin Springs Ro d REQUEST: Variance request to t e 15 -foot height requirements of an accessory structure in the Ag/Residential Distric pursuant to Section 17.12(5), and a variance request to the OHWM and bluffline �setback of the St. Croix River pursuant to Section 17.36(5)(c) of the St. Croix Riverway District. The request is to construct a gazebo and a deck on the existing lot. [ SPECIAL EXCEPTIONS 4. APPLICANT: Pa Yan Moua and Kh4a Yang, owners LOCATION: The NE %4 of the NE �4, Section 15, T29N -R18W, Town of Warren ADDRESS: 966 Highway 65, Roberts, WI REQUEST: Special exception request for a major home occupation pursuant to Section 17.155(6). The request is to allow the applicant to make traditional Hmong wine. 5. APPLICANT: CANCELED: To Rose, et al., owner LOCATION: The NE 1 /4 of the S 1 /4 and the NW 1 /4 of the SE %4, Section 36, T30N -R20W, Town of St. h. Josep ADDRESS: Off of 125` Avenue Hudson, WI REQUEST: Special Exception r quest for filling and grading on slopes of 20% or more in the Ag/Residential Dist 'ct pursuant to Section 17.15(6)(t). Request is to create building pads and driveways for two single family lots. 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 Counnty Board of Adjustment I I I I I i I I