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HomeMy WebLinkAboutBoard of Adjustment 01-27-05 I ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Clarence Malick, Ch irman St. Croix County Board FROM: Julie Speer, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, January �7, 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: 1) Request for reconsideration of Wally McCartlhy decision of December 16, 2004 2) Request to withdraw Leverty application tabled at the December 16, 2004 hearing 3) Presentation on new livestock siting legislation (Steve Olson, Bob Heise LWCD) OLD BUSINESS: NEW BUSINESS: * See attached ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT: (agenda not necessarily presented in this order) SUBMITTED BY: St. Croix County Zoning Office DATE: January 18, 2005 COPIES TO: County Board Office County Clerk Committee Members i News Media/Notice Board * CANCELLATIONS /CHANGES /ADDITIONS I PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scl. eduled a public hearing for Thursday, January 27, 2005 at 8:30 a.m. at the Government Center, 1101 Carmi ael Road, 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: 1) Special exception permit request to operate an existing commercial business known as Somerset Auto Salvage in the Commercial District pursuant to Section 17.18(1). 2) Special exception permit request to continue operation of an existing junk and salvage yard on lands currently zoned Ag/Residential pursuant to Section 17.15(1)(i). APPELLANT: Edward Sampair/ Somerset Auto Salvage LOCATION: The SE 1 /4 of the SE '/a and the NE '/a of the SE 1 /4, all in Section 26, T31N -R19W, Town of Somerset ADDRESS: 1920 Highway 35, Somerset, WI 54025 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 Office, Hudson, Wisconsin at (715) 386 -4680. Julie Speer, Chairperson St. Croix County Board of Adjustment X OFFICIAL BOARD OF ADJUSTMENTS M EETING AND HEARING MINUTES Janua 27, 2005 (This hearing recorded by Northwestern Court Reporters) The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was made. Julie Speer, Art Jensen, Stan Krueger and Linda Luckey were present. Sue Nelson was absent and excused. Staff included: David Fodroczi, Planning and Zoning Director, Bob Bezek, Code Administrator, Jenny Shillcox, Zoning Specialist and Deb Zimmermann, Paralegal/Office Manager. Chairperson Speer believes this to be a properly noticed meeting. Motion was made by Krueger, seconded by Jensen to adopt the agenda. Motion carried. The next meetings for the Board will be February 24, 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 Jensen, seconded by Krueger and carried to adopt the December 16, 2004 minutes with one correction. OTHER BUSINESS McCarthy Reconsideration: Wally McCarthy is requesting a reconsideration of his decision rendered by the Board on December 16, 2004. Shillcox went over the report, explaining this process. Wally McCarthy addressed the Board tating that he would appreciate the Board reconsidering their decision on his variance and special exception requests relating to his home on the St. Croix River. If the reconsideration is granted, he will have additional information for the Board to review. Motion by Speer, seconded by Krueger to reconsider the decision and place on the February 22, 2005 agenda for another hearng. The following vote was taken to reconsider: Speer, yes; Krueger, yes; Jensen, no. Luckey abstained from voting as she was not present at the hearing in December. Leverty withdrawal: Shillcox explaine to the Board that the Leverty application, tabled at the December 16, 2004 hearing, has been withdrawn. Motion by Krueger, seconded by Jensen to accept the withdrawal of the Leverty application. Motion passed on a unanimous vote. 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 HE NG NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, January 27, 2005 at 8:30 a.m. at the Goven iment Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals 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: 1) Special exception permit request to operate an existing commercial busines known as Somerset Auto Salvage in the Commercial Distric pursuant to Section 17.18(1). 2) Special exception permit request to continue operation of an existing junk and sa [vage yard on lands currently zoned Ag/Residential purl ant to Section 17.15(1)(i). APPELLANT: Edward Sampair/ Somerset Auto Salvage LOCATION: The SE 1 /4 of the SE /4 and the NE 1 /4 of the SE 1 /4, all in Section 26, T3 IN-RI 9W, Town of Somerset ADDRESS: 1920 Highway 35, Somerset, WI 54025 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 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 t stimony taken and recorded by Northwestern Court Reporters. Following the hearing, Bob Heise and Steve Olson of the Land and Water Conservation Department, gave a presentation to the Board on the new Livestock Siting Legislation being proposed at the state level. The Board recessed from 9:20 a.m. to 11:25 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: Edward Sam air/ Somerset Auto Salva e Motion by Krueger, seconded by Jensen to approve the request for a special exception permit to operate an existing business known as Somerset Auto Salvage, and for a special exception permit to continue operation of an existing junk and salvage yard in the Ag/Residential District based on the follo ing findings. 1. The applicants are Edward Sampai , property owner and owner of Somerset Auto Salvage, 1920 Hwy 35, Somerset, NVI 54025; and Mark Lewis, agent, Cedar Falls Building Systems, Inc., 5455 Freita Drive, Menomonie, WI 54715. 2. The site is located at the SE %4 of the SE 1 /4 and the NE %i of the SE 1 /4 of Section 26, T3 IN, R1 9W, Town of Somerset, St. Croix County., Wisconsin. 3. The applicants filed an application with the Planning and Zoning Department for the following items: Item 1: Special exception request to operate an existing commercial business known as Somerset Auto Salvage in the Commercial District pursuant to Section 17.18(1 )(a -f). 2 Item 2: Special exception r quest to continue operation of an existing junk and salvage yard in the Ag esidential district pursuant to Section 17.15(1)(i). 4. The Board of Adjustment finds th t the requirements have been met to grant the special exception permits pursuan to Sections 17.18(1)(a -f), 17.15(1)(i), and 17.70 (7)(a) of the St. Croix Coun y Zoning Ordinance. 5. The applicants have worked with t e Land and Water Conservation Department to address their concerns regarding a sion control and stoimwater management. 6. The Town of Somerset has approv d the rezoning request for the 5 -acre Commercial lot, which had as a co dition of the approval that these special exception permits be obtained. 7. There was no public opposition to a request. 8. The requests are not contrary to the public interest. 9. The requests will bring an existing onconforming use into conformance with the Ordinance. 10. The spirit and intent of the Ordina e would be met by granting the requests for the special exception permits, and sub tantial justice would be done due to the fact that the permits will improve the appe ance of the property for surrounding land uses, increase the efficiency of the oper tion, and address environmental concerns. With the following conditions: 1. These special exception permits all w the property owner of Somerset Auto Salvage to operate an auto repair, p s sales, and vehicle processing business on the 5 -acre Commercial lot, and a v hicle salvage yard on. the 94.31 -acre Ag Residential parcel as outlined in th application. 2. The property owner must obtain ap roval from the Town of Somerset Town Board for the proposed use on the Comm rcial lot before this permit is valid. 3. Within 60 days of approval, the pr perty owner shall submit to and have approved by the Planning and Zoning Dep ent the following items: a. Site plan for the 94.31 -ac e parcel in the Ag Residential district, drawn to scale, showing all require setbacks; vehicle and auto parts storage areas; the driveway access fro Dale Street, internal roads, and parking areas; slopes greater than 20 ercent, streams, wetland, and other sensitive environmental features; a d all buildings, structures. b. Master plan for signage, ith cumulative on -site signage advertising the business not to exceed 1 0 square feet in area and a maximum height of 35 feet. All signs must be located a minimum of 10 feet from all property lines and must strictly ad ere to the St. Croix County Signage Ordinance. c. Revised site plan for the 5 acre Commercial lot, showing a minimum of 18 paved off - street parkin spaces (3 spaces/ vehicle repair stall, 1 space /every two emplo ees, and 1 space /work vehicle used for conducting business). dditional paved parking spaces should be provided as needed to commodate all vehicles used directly in the conduct of the business ursuant to Sections 17.57(12) and (15) of the Ordinance. Each parking pace shall be a minimum of 200 square feet. d. Revised landscaping pl for the 5 -acre Commercial lot showing additional trees and shru s to be planted within the highway setback to the east, and within th rear and sideyard setbacks of neighboring residential property lines to the south and west as needed to fully screen 3 and buffer the new buildin j,, outside storage areas, and parking areas from all adjacent residential areas pursuant to Section 17.18(f)(5) of the Ordinance. e. Revised erosion control and stormwater plans showing all of the changes and additions approved by Pete Kling, LWCD, in his e -mail dated January 26, 2005 (Exhibit 1 . 0 of the staff report). 2. The property owner shall be res onsible for obtaining all .other required local, State, and federal permits and licenses to operate the business, including but not limited to a sanitary permit from St. Croix County, a building permit from the Town of Somerset, NR216 and 151 permits from the Wisconsin DNR, and access permits from the Wisconsi DOT. As part of meeting this condition, the property owner shall satisfy the recommendations made by Jim Devlin, DNR, in his e-mail dated January 20, 200 (Exhibit 6 of the staff report), and by Steve Sydow, DOT, in his e-mail dated January 21, 2005 (Exhibit 9 of the staff report). The Planning and Zoning Department shall supply this information to the property owner. The property owner shall submit to the Planning and Zoning Department copies of all approved local, State, and federal permits to be kept on file. 3. By May 1, 2005, the property owner shall submit to and have approved by the Planning and Zoning Department a containment plan to ensure that all outside draining and storage of fluids from vehicles is done in an area where there is a containment system to prevent h ardous fluids from contaminating the soil and groundwater. The present system ppears to be inadequate. 4. By May 1, 2005, the property owner shall submit to and have approved by the Planning and Zoning Department a containment plan to ensure that all fluids drained and stored from vehicles inside the proposed new building will be contained so as not to contaminate the soil and groundwater. 5. The property owner shall be responsible for demolishing the house on the Commercial lot no later than August 1, 2005. 6. Within six months of this approval, all existing junk items - including but not limited to appliances, furniture, e pty pallets, and trash - shall be removed from the Commercial lot and the Ag Residential parcel. Only items directly related to the vehicle salvage and sales operation shall be stored on the property. The property owner shall maintain the property in a neat and orderly manner with no un- screened, outside storage of an parts. 7. The property owner shall maintain accurate records of waste tire management pursuant to Chapter 44, No. 110(8 ) of the St. Croix County Ordinance. The total volume of waste tires stored on both properties shall not exceed one semi - trailer load at any given time, unless fort er restricted by Wisconsin Statutes. 8. Hours of operation shall not extend beyond 7 AM — 5 13M Monday - Friday, or 8 AM — 3 PM on Saturday. 9. All lighting on both properties must be downward directed and shielded away from neighboring properties to prevent undesirable glare or illumination. 10. The property owner shall contact Ihe Planning and Zoning Department to review both special exception permits in two years from the approval date (January 2007) for compliance with the conditions of this approval and every two years thereafter. 11. These conditions may be amend .-d or additional conditions may be added if unanticipated issues arise that would affect the health and/or safety of citizens or 4 degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a hearing. 12. Any change or addition in use or the expansion of the business — including building, signage, or landscaping shall require review and approval by the Planning and Zoning Department. Significant changes to any approved use will require Board of Adjustment review as a special exception and will require site plans and facility plans as part of the application pursuant to Section 17.18(1)(e) of the Ordinance. 13. The applicant shall have one (1) year from the issuance of the special exception permit to commence the proposed construction and new business. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before tie business commences, the applicant will be required to secure a new special eA ception permit before starting the project. 14. Accepting this decision means triat the applicant has read, understands, and agrees to all conditions of this decision. The following vote was taken to approve: Jensen, yes; Krueger, yes; Luckey, yes; Chairperson Speer, yes. Motion carried unanimously. Meeting was declared adjourned at 12:35 p.m. Respectfully submitted: Sue Nelson, Secretary Debra Murphy, Recording Secretary 5