HomeMy WebLinkAboutBoard of Adjustment 02-24-05 ST. CROIX COUNTY
NOTICE OF COMMITTEE MEETING
TO: Clarence Malick, Chairman
St. Croix County Board
FROM: Julie Speer, Chairman
COMMITTEE TITLE: St. Croix County Board of Adjustment
DATE: Thursday, February 24, 2005
TIME: 8:30 a.m.
LOCATION: Government Center, 4udson, 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: February 16, 2005
COPIES TO: County Board Office County Clerk
Committee Members News Media/Notice Board
* CANCELLATIONS /CHANGES /ADDITIONS
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PUBLIC H + ARING NOTICE
The S Croix County Board of Adjustment has scheduled a public hearing for Thursday, February 24, 2005 at
8:30 a.m. at the Government 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, after which the
Board will deliberate and vote on the appeals.
1. ARTICLE: Variance request to constru an attached garage onto an existing home that would
encroach within the OHWM setback of Bass Lake pursuant to Section 17.31(2) of the
St. Croix County Zoning Ordinance.
APPELLANT: John Reiling
LOCATION: Part of Gov. Lot 6, Section 2 , T30N -R19W, Town of St. Joseph
ADDRESS: 757 West Shore Drive, Hudson, WI 54016
2. ARTICLE: Reconsideration of a decision dated December 16, 2004 for an after- the -fact variance
to the OHWM setback and loodway of the St Croix River pursuant to Section
17.36(5)(c)l and 17.43(3)(a)2 of the St. Croix County Zoning Ordinance. The Board
will reconsider this decision pursuant to the Board of Adjustment Bylaws, Article VIII,
Section 5 and 6.
APPELLANT: Wally McCarthy
LOCATION: Gov. Lot 1, Section 24, T28 -R20W, Town of Troy
ADDRESS: Cover Road, Town of Troy
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
OFFICIAL
BOARD OF ADJUSTMENTS MEETING AND HEA MINUTES
February 24, 2005
(This hearing recorded by Northwestern Court Reporters)
The meeting was called to order by Chai erson Julie Speer at 8:30 a.m. A roll call NN as
made. Julie Speer, Art Jensen, Sue Nelson and Linda Luckey were present. Stan Krueger
was absent and excused. Staff included: Bob Bezek, Code Administrator, Jenny Shillcox,
Zoning Specialist and Debbie Murphy, Paralegal /Office Manager. Chairperson Speer
believes this to be a properly noticed mee 'ng.
Motion was made by Jensen, seconded by Nelson to adopt the agenda. Motion carried.
The next meetings for the Board will be March 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 Speer an carried to adopt the January 27, 2005 minutes
with one correction to add the presentation from the Land and Water Conservation Dept.
on the new Livestock Siting Legislation being proposed. Motion carried.
ANNOUNCEMENTS AND CORRESPONDENCE
Shillcox told the Board that they have set a letter to Ryan Flattum reminding him of the
conditions placed on his special except on for a major home occupation. The staff
requested that Flattum send a letter to the Zoning Office stating the number of vehicles
that he owns, and the number that he nom. ally services. Staff is awaiting a response.
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 an was read into the record as follows:
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustin t has scheduled a public hearing for Thursday,
February 24, 2005 at 8:30 a.m. at the Gove ent 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, after which the Board will deliberate and vote on
the appeals.
1. ARTICLE: Variance request to construct an attached garage onto an existing
home that would encroach within the OHWM setback of Bass
Lake pursuant to Section 17.31(2) of the St. Croix County Zoning
Ordinance.
APPELLANT: John Reiling
LOCATION: Part of Gov. Lot 6, Section 23, T30N -R19W, Town of St. Joseph
ADDRESS: 757 West Shore Drive, Hudson, WI 54016
2. ARTICLE: Reconsideration of a decision dated December 16, 2004 for an
after - the -fact variance to the OHWM setback and floodway of the
St Croix River pursuant to Section 17.36(5)(c)l and 17.43(3)(a)2
of the St. Croix County Zoning Ordinance. The Board will
reconsider this de ision pursuant to the Board of Adjustment
Bylaws, Article VII , Section 5 and 6.
APPELLANT: Wally McCarthy
LOCATION: Gov. Lot 1, Section 24, T28N -R20W, Town of Troy
ADDRESS: Cover Road, Town f Troy
All interested persons are invited to attend said hearing and be heard. Additional
information may be obtained from the t. Croix County Planning and Zoning Office,
Hudson, Wisconsin at (715) 386 -4680.
Julie Speer, Chairperson
St. Croix County Board of Adjustment
The hearing was opened at 8:30 a.m. and testimony taken and recorded by Northwestern
Court Reporters. The Board recessed f om 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
John and Judith Reiling
Motion by Nelson, seconded by Speer to approve the request for a variance to construct
an attached garage onto an existing nonc nforming structure within the OHWM setback
of Bass Lake based on the following findings:
1. The applicants are John and Juditl Reding, 2245 Stanford Ct., St. Paul, MN 55105.
2. The site is located at Lot 6, Sectio 123, T30N, R1 9W, Town of St. Joseph, St.
Croix County, Wisconsin.
3. The applicants filed an application with the Planning and Zoning Department for
a variance to construct an attached garage within the OHWM setback of a pond
adjacent to Bass Lake. As part of the application, the applicants also proposed
constructing a second -story addition within the footprint of their existing home.
4. The Board of Adjustment finds that the requirements have been met to grant a
variance for the garage pursuant to Section 17.70(5)(c)3 of the St. Croix County
Zoning Ordinance.
5. The Board finds that the strict application of the Ordinance would create an
unnecessary hardship due to the f ct that the property is surrounded by water on
three sides, which severely limits 1he net buildable area on the site. The hardship is
not self - created. The only other al emative building site would require the removal
of mature trees and an existing P WTS.
6. The Town of St. Joseph Planning ommission has recommended approval of this
request.
7. The Bass Lake Rehabilitation District has recommended approval of this request.
8. The Wisconsin Department of Nat ral Resources has recommended approval of
this request.
9. The applicants are working with the Land and Water Conservation Department and
Planning and Zoning Department to address concerns with stonnwater
management and erosion control.
10. There was no public opposition to the request.
11. The Board finds that the request is not contrary to the public interest.
12. The Board finds that the spirit and intent of the ordinance would be met by granting
the request for the variances, and ubstantial justice would be done.
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With the following conditions:
1. This variance allows John and Ju ith Reiling to construct an attached garage that
encroaches up to 35 feet within the OHWM setback of the pond on their
property, and construct a second-story addition within the footprint of their
existing home as shown in the plans submitted to the Planning and Zoning
Department on November 29, 20C4. This variance does; not include additional
decks, patios, porches, walkways, or any other accessory structures or impervious
coverage not shown on the plans.
2. No native trees or shrubs shall be removed as part of the construction. The
applicants shall be responsible for protecting all existing native trees and shrubs
on the site from damage during cc nstruction with snow fencing or some other
type of temporary fencing installe around the drip lines of the trees. The garage
shall either be reduced in size or moved to the north as necessary to save two red
oak trees located at the southwest corner of the garage.
3. Approval of this variance is contingent upon no objection from the Town of St.
Joseph Town Board.
4. The applicants must secure a building permit from the Town of St. Joseph before
commencing construction.
5. Prior to beginning construction, the applicants shall be responsible for submitting
and implementing erosion control grading, and permanent stormwater
management plans as recommended and approved by the Land and Water
Conservation Department.
6. The home and garage must be earth-tone in color to blend in with the natural
surroundings on the site.
7. Within 60 days of completing con truction, the applicants shall record the
stormwater management plan against the deed for the property. The applicants
shall provide an as -built drawing showing the final location of the garage and all
permanent structures and drainage ways on the site, along with a maintenance
schedule and a recorded copy of t e deed to the Planning and Zoning
Department. The intent is to make the current and future owners aware of the
responsibilities associated with the plan as well as the limitations incurred as a
result of the plan.
8. Within 60 days of completing con truction, the applicants shall submit to the
Planning and Zoning Department hotographs of the home and landscaping as
viewed from —200 feet offshore o Bass Lake.
9. The applicants shall plant additio al trees and shrubs as necessary to screen the
second -story addition as viewed fi m the lake during summer, leaf -on conditions.
10. These conditions may be amended or additional conditions may be added if
unanticipated issues 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 o the applicant and an opportunity for a
hearing.
11. Any change or addition in use or t e 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.
12. The applicant shall have one (1) year from the issuance of the variance to
commence construction. Failure to do so shall result in the variance being null
and void, unless the applicant requests and receives a tirne extension from the
Planning and Zoning Department.
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13. 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; Jensen, yes; Luckey, yes;
Chairperson Speer, yes. Motion carried unanimously.
Wally McCarthy
The Board deliberated and made the following findings/ decisions on this reconsideration
request:
1. The applicant is Wally McCarthy, X325 Prior Avenue N, Roseville, MN 5-5113,
with James Filkins of Ogden Engineering acting as his agent.
2. The site is located off of Cove Road, Section 24, T28N- F.20W, Town of Troy, St.
Croix County, Wisconsin.
3. The applicant requested reconsideration of the Board of Adjustment's December
16, 2004 decisions. The Board reconsidered and took action on the following
items:
Item 1: Denial of an after—the-fact variance for a detached deck located within
the OHWM setback of the St. Croix River and located on 12 percent
slopes within the Riverway pursuant to Sections 17.36(5)(c)1 and
17.36(5)(d), respectively.
Action: Motion by Jensen, econded by Lucky to reaffirm its original
decision and findings of December 16, 2004 based on the finding that the
applicant has provided no new evidence or information to overturn the
denial of the after-the-fact variance request. The Board did, however, on a
motion by Speer, second b Nelson and carried, to modify Condition #1 to
specify timeframes and procedures for removing the deck. The following
roll call vote was taken on this action: Nelson, yes; Jensen, yes; Luckey,
yes; Chairperson Speer, yes. Motion carried unanimously.
Item 2: Conditions #2, 3 and 4 on trie approval of an amendment to Condition #8 of
the Special Exception Pe it issued to you on December 22, 1988 for the
existing house.
Action: Motion by Jensen, econded by Luckey to amend Conditions #2, 3
and 4 based on the finding that sufficient new evidence was provided by the
applicant and feedback was provided from the Department of Natural
Resources, the Land and Water Conservation Department, and the Planning
and Zoning Department to warrant the amendments. All findings of the
December 16, 2004 decision were reaffirmed. The following roll call vote
was taken on this action: Nelson, yes; Jensen, yes; Luckey, yes; Chairperson
Speer, yes. Motion carried unanimously.
Item 3: Denial of an after - the -fact variance for a patio .addition located within the
OHWM setback and flood ay of the St. Croix River pursuant to Sections
17.36(5)(c)1 and 17.43(3)(a)2, respectively.
Action: Motion by Jense , seconded by Speer to reaffirm its original
decision and findings of D cember 16, 2004 based on the finding that the
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• information presented by the applicant was not compelling enough to
overturn the decision to de y the after - the -fact variance request. The Board
made an additional finding that other alternatives are available for
protecting the existing patio. The Board did, however, modify Condition #1
to specify timeframes and procedures for removing the patio addition, and
measures to be taken if rei forcement of the existing patio is proposed. The
following roll call vote was taken on this action: Nelson, yes; Jensen, yes;
Luckey, yes; Chairperson Speer, yes. Motion carried unanimously.
Item 4: Condition #4 on the approval of an after - the -fact variance for retaining
walls surrounding trees located within the OHWM setback and floodway
of the St. Croix River pursuant to Sections 17.36(5)(c)1 and 17.43(3)(a)2,
respectively.
Action: Motion by Jensen, seconded by Nelson to amend Condition #4
based on the finding that sufficient new evidence was provided by the
applicant and feedback was provided from the Department of Natural
Resources, the Land and Water Conservation Department, and the
Planning and Zoning Departments to warrant the amendment. All findings
of the December 16, 2004 decision were reaffrrrned. The following roll
call vote was taken on this action: Nelson, yes; Jensen, yes; Luckey, yes;
Chairperson Speer, no. Motion carried on a 3 -1 vote.
With the following amended conditions:
1. Within six months of this approv 1, the applicant shall remove the deck (Item 1)
and the patio addition (Item 3). Within the six month timeframe, the applicant
shall remove from the property al materials resulting from the demolition of the
deck and patio addition. These materials shall be disposed of in accordance with
all local, state, and federal regulations. The areas shall also be restored as near and
practicable to the original conditions. Any needed reinforcement measures to
protect the existing patio (Item 2) shall be designed and certified by a professional
engineer and copies of the plans shall be submitted to and approved by the
Planning and Zoning Department.
2. Within six months of this approval, the applicant shall retrofit the planter
surrounding the concrete patio surface (Item 2) by planting it with permanent,
year -round native vegetation in accordance with Condition #4 below. The planter
shall serve as a stormwater retention device for the patio surface and the
vegetation in the planter shall provide screening of the patio and everything on it
to better meet the spirit and inte t of the Ordinance. Within six months of this
approval, the applicant shall also submit stormwater calculations certified by a
professional engineer for the entim property. The calculations shall show that all
impervious coverage on the site can be retained on site without the need for
additional stormwater management measures (based on a 2 year, 24 hour Type II
storm event). If the calculations show that the runoff cannot be retained on site,
then the applicant shall submit a stormwater management plan as originally
required in the decision letter on D cember 27, 2004.
3. Within 60 days of completing the retrofit to the planter as stipulated in Conditions
42 and #4, the applicant shall submit to the Planning and Zoning Department a
maintenance plan for the planter to serve as a permanent stormwater retention device
and to provide permanent screening. The applicant must record the maintenance
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• plan against the deed for the prop rty and provide a recorded copy to the Planning
` and Zoning Department. The i tent is to make future owners aware of the
responsibilities associated with t e planter as well as the limitations incurred in
maintaining it for stormwater in agement and screening.
4. Within six months of this approva , the applicant shall submit to and have approved
by the St. Croix County Land an Water Conservation Department a landscaping
plan that includes a mix of pe anent, year -round native shrubs, vines, and
perennial groundcover to be plant d so as to make the retaining walls surrounding
the trees (Item 4), patio (Item 2) and all structures on or accessory to the patio
visually inconspicuous as viewed from the river in all directions during summer,
leaf -on conditions. The plan sh 11 show the species, size, and location of all
proposed vegetation, as well as a chedule for planting and installation, and should
take into consideration the specie suggested by Eunice Post in her e -mail dated
February 17, 2005. It is recommen ed that additional native vegetation be planted in
front of the patio and retaining w is to further screen these structures and enhance
wildlife habitat and the natural ap earance of the shoreline. Upon completion of the
planting, the applicant shall submi to the Planning and Zoning Department photos
of the home and shore as viewed fr in the river during summer, leaf -on conditions.
5. These conditions may be amende or additional conditions may be added by the
County if unanticipated condition arise that would affect the health and /or safety
of citizens or degrade the natural esources of St. Croix County. Conditions will
not be amended or added without notice to the applicant and an opportunity for a
hearing.
6. Accepting this decision means tha the applicant has read, understands, and agrees
to all conditions of this decision.
Meeting was declared adjourned at 1:50 p.
Respectfully submitted:
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Sue Nelson, Secretary Deb a Murphy, Recording creta