HomeMy WebLinkAboutBoard of Adjustment 06-23-05 w
ST. CROIX OUNTY
NOTICE OF CO TTEE MEETING
TO: Clarence Malick, Ch ' an
St. Croix County Board
FROM: Julie Speer, Chairman
COMMITTEE TITLE: St. Croix County B and of Adjustment
DATE: Thursday, June 23, 2005
TIME: 8:30 a.m.
LOCATION: Government Center, ludson, Wisconsin
CALL TO ORDER:
ROLL CALL:
ADOPTION OF AGENDA:
ELECTION OF OFFICERS:
ACTION ON PREVIOUS MINUTES:
DATE OF NEXT MEETING:
UNFINISHED BUSINESS:
OTHER BUSINESS:
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: June 15, 2005
COPIES TO: County Board Office County Clerk
Committee Members News Media/Notice Board
*CANCELLATIONS /CHANGES /ADDITIONS
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ENDED
PUBLIC ftARING NOTICE
The St. Croix County Board of Adjustment has sch duled a public hearing for Thursday, June 23, 2005 at 8:30
a.m. at the Government Center, 1101 Carmichael Ro , 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: * CANCELED: Variance re uest to the 15 -foot height requirements
of an accessory structure in e Ag/Residential District pursuant to
Section 17.12(5). The reque t is to construct a pole building on the
property to house a motor h me.
APPELLANT: Roger and Jeanne Laliberty
LOCATION: The NE 1 /4 of the SE 1 /4, Sect on 4, T28N -R19W, Town of Troy
ADDRESS: 588 Tower Road, Hudson, 54016
2. ARTICLE: Variance request to the 15 -f of height requirements of an accessory
structure in the Ag/Residen al District pursuant to Section 17.12(5).
The request is for an aft e the fact one -foot variance to allow an existing garage to
remain on the property.
APPELLANT: Robert S. Marson
LOCATION: The NW 1 /4 of the NE 1 /4,S tion 29, T31N -R18W, Town of Star
Prairie
ADDRESS: 984198 Avenue, Star Pr ' 'e, WI 54026
3.. ARTICLE: Renewal of a Special Exc tion Permit issued on February 22, 2001
pursuant to Condition #12 n the approval granted on February 22,
2001.
APPELLANT: Emerald Dairy
LOCATION: The NE /4 of the NE 1 /4, Sec 'on 22, T30 -R16W, Town of Emerald
ADDRESS: 2487 County Road G, Em e ald, WI 54012
4. ARTICLE: Request is for a change to he original Special Exception Permit dated April 22, 1998
to add a digester and lago manure storage pursuant to Condition #6 of the original
permit.
APPELLANT: Baldwin Dairy, Inc.
LOCATION: Part of the SE 1 /4 of the S 1 /4, Section 12 and part of the NW 1 /4 of
the NW 1 /4, Section 13, an part of the S 1 /z of the SE 1 /4, of Section
11, all in T29N -RI 7W, To of Hammond.
ADDRESS: 2487 County Road G, Em ald, WI 54013
5. ARTICLE: Special Exception request o exceed the number of animal units per
acre pursuant to Section 1 .15(6)(o). Request is to allow the
applicant's horses to rem ' on their property.
APPELLANT: Thomas J. and Kathleen E O'Leary
LOCATION: The NW 1 /4 of the NE 1 /4, S lion 18, T28N -R19W, Town of Troy
ADDRESS: 389 County Road F, Huds n, WI 54016
6. ARTICLE: Special exception request or filling and grading, on 12% slope in the
St. Croix Riverway pursu t to Section 17.36(5)(1). and for filling
and grading and rip rap fo Shoreland protection pursuant to Section
17.36(6)(3).
APPELLANT: Allen and Judith Taylor
LOCATION: Located in part of Government Lot 2 of Section 36, T28N -R20W,
Town of Troy
ADDRESS: 212 N. Ilwaco Road, River Fols, WI 54022
7. ARTICLE: Special Exception request fol an existing non - metallic mining
operation pursuant to Section 17.15(6)(g) and subject to the provisions in Chapter 14,
and a Variance request to mine through the 100 -foot setback of an adjoining property
pursuant to Section 14.2(A)7 a.
APPELLANT: Russell Utecht, owner/ Ce Corporation, agent
LOCATION: The NE 1 /4 of the SE 1 /4 and the E 1 /z of the NE 1 /4, Section 21, T30N -R18W, Town of
Richmond
ADDRESS: County Road G and 120 St. , New Richmond, WI 54017
8. ARTICLE: Special exception request for a slaughterhouse in the Ag/Residential
District and for a variance to e 700 -foot property line setback
requirement pursuant to Sec on 17.15(6)(h).
APPELLANT: Michael and Sandra Kessler
LOCATION: The NW 1 /4 of the NW 1 /4, Section 3, T29N -R15W, Town of
Springfield.
ADDRESS: 1181 Highway 128, Glenwood City, WI 54013
9. ARTICLE: Special Exception permit for a land division in the St. Croix
Riverway District pursuant to Section 17.36(6)(a)(1).
APPELLANT: Bruce Lenzen
LOCATION: Lot 4, Lot 5 and Outlot 1 in Gov. Lot 2, Section 12, T28N -R19W, Town of Troy.
ADDRESS: Brugler Court, Hudson, WI 5 016
10. ARTICLE: Special exception request for a permit for filling and grading on
20% slopes in the Ag/Reside tial District pursuant to Section
17.15(6)(t). The request is to allow the applicant to construct a
shared driveway on the property.
APPELLANT: Leonard and Margaret Ann PesLauriers, owners/ Troy Dev. Corp.,
agents
LOCATION: The NE i / 4 of the NE 14/, Section 10, T28N -R1 9W, Town of
Troy
ADDRESS: 706 Coulee Trail, Hudson,VVI 54016
All interested persons are invited to attend said he ' g and be heard. Additional information may be obtained
from the St. Croix County Planning and Zoning O ce, Hudson, Wisconsin at (715) 386 -4680.
Julie Speer, Chairperson
St. Croix County Board of Adjustment
OF ICIAL
BOARD OF ADJUSTMENT M ETING AND HEARING MINUTES
Jun 23, 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 Nelso , Buck Malick and Linda Luckey were present.
Staff included: Bob Bezek, Code Admini trator, Jenny Shillcox, Zoning Specialist, and
David Fodroczi, Planning and Zoning Di ector, Debbie Murphy, recorder, Steve Olson,
Land and Water Conservation Departm nt. Chairperson Speer believes this to be a
properly noticed meeting, and the agenda as adopted.
The next meeting for the Board will be my 28, 2005. The meeting will be held in the
County Board Room at the Government C nter. The starting time will be 8:30 a.m.
MINUTES
Motion by Jensen, seconded by Nelson to dopt the minutes from the June 23, 2005
hearing, with changes noted. Motion c ed.
The hearing was opened and testimony t en and recorded by a court reporter. The
Board recessed from 11:30 a.m. to 3:50p. to view the sites.
NEW BUSINESS
Chairperson Speer welcomed everyone i 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:
ENDED
PUBLIC H ARING NOTICE
The St. Croix County Board of Adjustme t has scheduled a public hearing for Thursday,
June 23, 2005 at 8:30 a.m. at the Gove ent Center, 1101 Carmichael Road, Hudson,
Wisconsin, to consider the following app als to the St. Croix County Zoning Ordinance.
The Board will view each site in question, fter which the Board will deliberate and vote on
the appeals.
1. ARTICLE: * CANCELED: V 'ance request to the 15 -foot height requirements
of an accessory st cture in the Ag/Residential District pursuant to
Section 17.12(5). a request is to construct a pole building on the
property to house a motor home.
APPELLANT: Roger and Jeanne aliberty
LOCATION: The NE 1 /4 of the S 1 /4, Section 4, T28N- •R19W, Town of Troy
ADDRESS: 588 Tower Road, udson, WI 54016
2. ARTICLE: Variance request to the 15 -foot height requirements of an accessory
structure in the A esidential District pursuant to Section 17.12(5).
The request is for an after -the fact one -foot variance to allow an
existing garage to r main on the property.
APPELLANT: Robert S. Marson
LOCATION: The NW 1 /4 of the 1 /4, Section 29, T31.N -R18W, Town of Star
Prairie
ADDRESS: 984 198 Avenue, tar Prairie, WI 54026
3.. ARTICLE: Renewal of a Spec al Exception Permit issued on February 22, 2001 _ S
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pursuant to Conditio #12 on the approval granted on February 22,
2001.
APPELLANT: Emerald Dairy
LOCATION: The NE' /4 of the NE 1' /4, Section 22, T30- R.16W, Town of Emerald
ADDRESS: 2487 County Road , Emerald, WI 54012
4. ARTICLE: Request is for a change to the original Special Exception Permit
dated April 22, 1998 to add a digester and lagoon manure storage
pursuant to Conditi n #6 of the original permit.
APPELLANT: Baldwin Dairy, Inc.
LOCATION: Part of the SE' /4 of the SW '/4, Section 12 and part of the NW '/4 of
the NW 1 /4, Section 13, and part of the S �i of the SE 1 /4, of Section
11, all in T29N -R17 , Town of Hammond.
ADDRESS: 2487 County Road G, Emerald, WI 54013
5. ARTICLE: Special Exception request to exceed the number of animal units per
acre pursuant to Se ion 17.15(6)(0). Request is to allow the
applicant's horses to remain on their property.
APPELLANT: Thomas J. and Kattleen E. O'Leary
LOCATION: The NW 1 /4 of the NE 1 /4, Section 18, T28N -Rl9W, Town of Troy
ADDRESS: 389 County Road F Hudson, WI 54016
6. ARTICLE: Special exception request for filling and grading on 12% slope in the
St. Croix Riverway pursuant to Section 17.36(5)(1). and for filling
and grading and rip rap for Shoreland protection pursuant to Section
17.36(6)(3).
APPELLANT: Allen and Judith Taylor
LOCATION: Located in part of Government Lot 2 of Section 36, T28N -R20W,
Town of Troy
ADDRESS: 212 N. Ilwaco Road, River Falls, WI 54022
7. ARTICLE: Special Exception r quest for an existing non - metallic mining
operation pursuani to Section 17.15(6)(g) and subject to the
provisions in Chap er 14, and a Variance request to mine through
the 100 -foot setba k of an adjoining property pursuant to Section
14.2(A)7.a.
APPELLANT: Russell Utecht, owner/ Cedar Corporation, agent
LOCATION: The NE 1 /4 of the S 1 /4 and the E %2 of the NE 1 /4, Section 21, T30N-
R18W, Town of Ri hmond
ADDRESS: County Road G and 120 St., New Richmond, WI 54017
8. ARTICLE: Special exception r quest for a slaughterhouse in the Ag/Residential
District and for a variance to the 700 -foot property line setback
requirement pursuant to Section 17.15(6)(h).
APPELLANT: Michael and Sandra Kessler
LOCATION: The NW 1 /4 of the PRV 1 /4, Section 3, T29N -Rl5W, Town of
Springfield.
ADDRESS: 1181 Highway 128 Glenwood City, WI 54013
9. ARTICLE: Special Exception permit for a land division in the St. Croix
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Riverway District p�rsuant to Section 17.36(6)(a)(1).
APPELLANT: Bruce Lenzen
LOCATION: Lot 4, Lot 5 and O�tlot 1 in Gov. Lot 2, Section 12, T28N -R19W,
Town of Troy.
ADDRESS: Brugler Court, Hud n, WI 54016
10. ARTICLE: Special exception request for a permit for filling and grading on
20% slopes in the A esidential District pursuant to Section
17.15(6)(t). The req est is to allow the applicant to construct a
shared driveway on he property.
APPELLANT: Leonard and Marg et Ann DesLauriers, owners/ Troy Dev. Corp.,
agents
LOCATION: The NE' /4 of the NE 14/, Section 10, T28N -R19W, Town of
Troy
ADDRESS: 706 Coulee Trail, Budson, WI 54016
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
After hearing testimony on the above artic reviewing the material in the record, and
conducting a site visit, the Board rendere I the following decisions:
Article #1: Roger and Jeanne LaLiberj (Canceled)
Article #2: Robert S. Marson
Motion by Malick, seconded by Jensen to approve the after -the -fact variance request for
an existing garage to exceed the maximum 15 -foot height requirement of an accessory
structure in the Ag/Residential District and allow the one -foot variance based on the
following findings:
1. The applicant is Robert Marson, pr perry owner, 2008 100' Street, Somerset, WI,
54025.
2. The site is located in the NW 1 /4 of the NE 1 /4 of Section 29, T3 IN, RI 8W, Town of
Star Prairie, St. Croix County, Wisconsin.
3. The applicant filed an application 'th the Planning and Zoning Department for a
variance for a recently constructed arage to exceed the maximum height of an
accessory structure pursuant to Section 17.12(5) of the St. Croix County Zoning
Ordinance.
4. The Board of Adjustment finds that all requirements have been met to grant the
variance pursuant to Section 17.70(5)(c)3 of the St. Croix: County Zoning Ordinance
and Wisconsin State Statutes §59.694(7)(c).
5. The Board of Adjustment finds that the error in height was due to the Town building
inspector's oversight and was not a self - created hardship by the applicant.
6. The Town of Star Prairie has recommended approval of this request.
7. The garage meets all other dimensional standards and required setbacks.
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8. The increased height of the garage will not negatively impact the character of the
area, or the health, safety, and welfare of citizens.
9. There was no public opposition to toe request.
10. The request is not contrary to the pudic interest.
11. The spirit and intent of the Ordinan4e would be met by granting this request for a
variance, and substantial justice woi ild be done.
The following vote was taken to approve: Nelson, yes; Jensen, yes; Malick, yes; Luckey,
yes; Chairperson Speer, yes. Motion carried unanimously.
Article #3: Emerald Dairy
Motion by Malick, seconded by Nelson to approve the request to renew a special
exception permit approved by the Board o F Adjustment on February 22, 2001 based on the
following findings:
1. The applicant is John Vrieze, EmeraI4 Dairy, 2487 County Road G, Emerald, WI
54013.
2. The site is located in the NE 1 /4, NE 1 /4, Section 22, T30N -R16W, Town of Emerald,
St. Croix County, Wisconsin.
3. The applicant requested to renew a sp ecial exception permit per Condition #12 of the
approval granted by the Board on Fe ruary 22, 2001 and pursuant to Section
17.14(6)(i) of the Ordinance.
4. The applicant has renewed his WPD S permit in 2005 consistent with Condition
#12.
5. The applicant has no history of violations and is in compliance with all other
conditions of his existing special exception permit approved on February 22, 2001.
6. The financial assurance in place pert the Corporation Counsel's request will continue
as needed.
7. The Land and Water Conservation D partment has been working closely with the
applicant and recommended approval of this renewal.
8. The Wisconsin Department of Natural Resources did not object to this renewal.
9. There was no public opposition to thi 3 renewal.
10. The spirit and intent of the Ordinance would be met by granting this request for
renewal, and substantial justice would be done.
With the following conditions:
1. This special exception renewal allovys the applicant to continue housing 3400 cows
at Emerald Dairy and to complete construction of all proposed buildings and manure
storage lagoons as indicated in the pl ins submitted on May 12, 2005. Approval does
not include any construction or operations not shown in those plans.
2. Prior to construction of the manure 1 goon, the applicant shall submit to the Zoning
Administrator and have approved by he Land and Water Conservation Department a
full set of construction plans to ens are compliance with NRCS 313 standards for
waste storage.
3. Within 60 days of completing construction of the barns and manure 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.
4. The applicant shall be responsible for obtaining all other necessary local, State, and
federal permits and approvals, inc uding but not limited to necessary building
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permits from the Town of Emerald aqd approval for the manure storage lagoon from
the Department of Natural Resources.]
5. Condition #12 of the February 22, 12001 Board of Adjustment decision shall be
removed and shall no longer apply t� this applicant. All remaining conditions shall
remain in full effect.
6. This request is approved unless the Town of Emerald requests a reconsideration
based on new information no later than July 15, 2005.
The following vote was taken to approve: Nelson, yes; Luckey, yes; Chairperson Speer,
yes; Jensen, yes; Malick, yes. Motion passed unanimously.
Article #4: Baldwin Dairy
Motion by Nelson, seconded by Speer to pprove the request for a change to the original
special exception permit dated April 22, 1998 to add a digester and lagoon manure
storage pursuant to Condition #6 of the original permit, based on the following findings:
1. The applicant is John Vrieze, Baldwin Dairy, Inc. 2046 County Road E, Baldwin,
WI 54002.
2. The site is located in part of Section 12, T29N -R17W, Town of Hammond, St. Croix
County, Wisconsin.
3. The applicant requested to amend a s ecial exception permit approved by the Board
on March 26, 1998 and pursuant to Section 17.14(6)(i) of the Ordinance for the
purpose of adding a nutrient digester and back -up manure storage lagoon.
4. The applicant has renewed his WPD S permit in 2005.
5. The applicant has no history of violations and is in compliance with the conditions of
his existing special exception permit approved on March 26, 1998.
6. The Town of Hammond Town Board has recommended approval of this
amendment.
7. The Land and Water Conservation D partment has been working closely with the
applicant and supports the amendment.
8. The Wisconsin Department of Natura 1 Resources has not objected to this
amendment.
9. There was no public opposition to this amendment.
10. The proposed nutrient digester and back-up manure storage lagoon will improve the
existing situation by further reducing smell and surface water pollution, and using
the nutrients on site.
11. The spirit and intent of the Ordinance would be met by granting this request for an
amendment, and substantial justice would be done.
With the following conditions:
1. This special exception permit amen ent allows the applicant to construct a back -up
manure storage lagoon and nutrient digester as indicated in the narrative submitted
on May 12, 2005 and the construction plans submitted on June 15, 2005. This
approval does not include any constniction or activities not indicated in those plans.
2. Prior to commencing construction of the back -up manure storage lagoon, the
applicant shall submit to the Zoning Administrator and have approved by the Land
and Water Conservation Department a revised construction plan showing the
maximum operating level marker and the transfer line detail and specification.
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3. Prior to commencing construction of the nutrient digester, the applicant shall submit
to the Zoning Administrator and have approved by the Land and Water Conservation
Department a full set of construction Olans to verify NRCS 313 for waste storage.
4. Within 60 days of completing construction of the nutrient digester and manure
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.
5. The applicant shall be responsible for obtaining all other necessary local, State, and
federal permits and approvals, including but not limited to necessary building
permits from the Town of Hammond and Department of Natural Resources approval
for the manure storage lagoon.
6. All conditions of the March 26, 1998 Board of Adjustment approval shall remain in
full effect.
7. The applicant shall have two (2) years from the issuance of the special exception
permit to commence construction of a manure storage lagoon and nutrient digester.
Failure to do so shall result in expi ation of the special exception permit. If the
special exception permit expires before construction commences, the applicant will
be required to secure a new special exception permit before starting or completing
construction on the project.
The following vote was taken to approve: Nelson, yes; Luckey, yes; Chairperson Speer,
yes; Jensen, yes; Malick, yes. Motion passed unanimously.
Article #5: Thomas J. and Kathleen E. O'Lea
Motion by Malick, seconded by Jensen to approve the request for a special exception
permit to exceed the number of animal units per acre on an existing parcel based on the
following findings:
1. The applicants are Thomas and Kathle n O'Leary, 389 County Road F, Hudson, WI
54016.
2. The site is located in part of Section 18, T28N -RI 9W, Town of Troy, St. Croix County,
Wisconsin.
3. The applicants requested a special exc tion pen to exceed the number of animal
units on their lot in the Town of Troy pursuant to Section 17.15(6)(0) of the Ordinance
in order to keep three horses on the lot
4. The applicants own a 3.53 -acre lot and lease an adjoining 434 -acre lot, providing them
with a total of 7.87 acres, 6.50 acres o which are compatible for pasturing. The Land
and Water Conservation Department has determined that this acreage is suitable for
adequately handling the waste generated by three horses and supports approval if the
property is managed properly.
5. There was no public opposition to this request.
6. The spirit and intent of the Ordinance would be met by granting this request for
renewal, and substantial justice would be done.
With the following conditions:
1. This special exception permit allows the applicants to keep three horses on their lot
and the adjacent outlot owned by En lish Estates Homeowner's Association as
indicated in the plans submitted on May 16, 2005. Approval of this special
exception permit does not include any additional horses, structures, services, or
activities not indicated in the plans.
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2. This request is approved unless the Town of Troy requests a reconsideration based
on new information no later than July! 18, 2005.
3. Within six months of this approval, th applicants shall complete the installation of
the fence around all pasture areas indicated in the site plan submitted on May 16,
2005.
4. The applicants shall be responsible fo implementing the management plan
developed by the Land and Water Co nervation Department and for maintaining the
vegetative cover on the pastures.
5. The applicants shall be responsible fo contacting the Zoning Administrator to
review this special exception permit in two years from the approval date for
compliance (June 2007).
6. Any change (or addition) in use, ore pansion of the operation, including the
addition of animal units (whether tem orary or permanent), shall require review and
approval by the Zoning Administratoi and in some circumstances through the special
exception approval process, where ap licable, as stated in the Ordinance.
7. These conditions may be amended or additional conditions added if unanticipated
conditions arise that would affect the health and/or safety of citizens or degrade the
natural resources of the County. Con fitions will not be amended or added without
notice and an opportunity for a hearing.
8. Accepting this decision means that th applicants have read, understand, and agree to
all conditions of this decision.
9. Within 60 days of this approval, one of the four horses currently on the premises
shall be removed.
The following vote was taken to approve: Nelson, yes; Luckey, yes; Chairperson Speer,
yes; Jensen, yes; Malick, yes. Motion pasE ed unanimously.
The Board recessed at 4:55 p.m. and reconvened at 8:30 a.m. on Friday, June 24 to
continue deliberations.
Article #6: Allen and Judith Taylor
Motion by Jensen, seconded by Malick to approve the special exception requests for
filling and grading on 12% slopes in the St. Croix Riverway District and for filling and
grading and rip rap for Shoreland protection in the St. Croix Riverway District based on
the following findings:
1. The applicants are Allen and Judith T ylor, 212 N Ilwaco Road, River Falls, WI 54022.
2. The site is located in the SW '/4 of the t /4 of Section 36, T28N, R20W, Town of
Troy, St. Croix County, Wisconsin.
3. The applicants requested special excel tion permits for the following three items:
Item #1: After - the -fact special exception request for filling and grading to install rock
riprap for shoreline protection within the Lower St. Croix Riverway District pursuant
to Section 17.36(6)(a)3.
Item #2: After- the -fact special exce ion request for filling and grading to replace an
old timber retaining wall and stairway with landscaping rock within the Lower St.
Croix Riverway District pursuant to Section 17.36(5)(1).
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Item #3: Special exception permit for filling and grading to replace a rotten
retaining wall and install rock for slor a protection within the Lower St. Croix
Riverway District pursuant to Section 17.36(5)(1).
4. The Land and Water Conservation De "artment did not object to the approval of these
special exception requests.
5. The Wisconsin Department of Natural Resources (DNR) did not object to the approval
of these special exception requests and has confirmed that the applicants are working
with the DNR to meet their recommendations.
6. There was no public opposition to the special exception requests.
7. The spirit and intent of the Ordinance would be met by granting these special exception
requests, and substantial justice would be done.
With the following conditions:
Item #1:
1. This after - the -fact special exception p rmit allows the applicant to keep rock riprap
along the shoreline of the St. Croix River as installed and as indicated as "Project A"
in the plans submitted on May 16, 2005. Approval of this after- the -fact special
exception permit does not include an additional rock riprap, filling and grading, or
other structures not indicated in the plans.
2. The applicant shall allow native vegetation to reestablish itself on the rock riprap to
retain the natural appearance and function of the shoreline.
Item #2:
3. This after - the -fact special exception permit allows the applicant to keep landscape
rock, stairs, and timber retaining wall segment along the lower driveway as installed
and as indicated as "Project B" in the plans submitted on May 16, 2005. Approval
of this after - the -fact special exception permit does not include any additional
landscaping rock, filling and grading, or other structures not indicated in the plans.
4. Within six months of this approval, the applicant shall remove the carport overhang.
Within the six- month timeframe, the applicant shall remove from the property all
materials resulting from the demolitio of overhang. These materials shall be
disposed of in accordance with all local, State, and federal regulations. The area shall
also be restored as near and practicable to the original conditions.
5. Within six months of approval, the applicant shall screen the wall with native vines
and plantings to make it visually inconspicuous.
Item #3:
6. This special exception permit allows I he applicant to replace rotten timber retaining
wall segments and conduct filling and grading with rock along the upper driveway as
indicated as "Project D" in the plans submitted on May 16, 2005. Approval of this
special exception permit does not inc l de any additional rock riprap, filling and
grading, or other structures not indica - .ed in the plans.
7. The applicant shall be responsible for implementing best management practices for
erosion control during the filling and grading activities, and shall re- establish native
groundcover immediately upon completion of the project.
8. The applicant shall have one (1) year from the issuance of the special exception
permit to commence the project. If the special exception permit expires before
construction commences, the applicant may request a time extension from the
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Zoning Administrator ahead of time dr will be required to secure a new special
exception permit before starting or completing construction on the project.
9. The applicant shall notify the Zoning (Administrator at the start and the finish of the
proj ect.
Conditions Applicable to Items #1 -3:
1. Any minor change or addition to the project, including but not limited to design of
the project, shall require review and approval by the Planning and Zoning
Department and the Land and Water Conservation 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 a ception approval process.
2. These conditions may be amended o 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 S t. Croix County. Conditions will not be
amended or added without notice to he applicant and an opportunity for a hearing.
3. Accepting this decision means that t e applicant has read, understands, and agrees
to all conditions of this decision.
4. These requests are approved unless t e Town of Troy requests a reconsideration
based on new information no later than July 18, 2005.
The following vote was taken to approve all three special exception permits: Nelson, yes;
Luckey, yes; Chairperson Speer, yes; Jensen, yes; Malick, yes. Motions passed
unanimously.
Article #7: Russell Utecht
Motion by Malick, seconded by Speer to approve the special exception permit request for
a non - metallic mining operation and fora variance to the 100 -foot buffer zone based on
the following findings:
1. The applicant is Russell Utecht, 1454 20' Street, New Ricli mond, WI 54017.
2. The site is located in the NE' /4 of the E I/4 and the E %2 of the NE' /4 of Section 21,
T30N, R18 W, Town of Richmond, St Croix County, Wisconsin.
3. The applicant requested a special exc tion permit to continue and expand an existing
nonmetallic mining operation pursuant to Section 17.15(6)(8) and subject to the
provisions of Chapter 14 of the St. Croix County Zoning Ordinance. As part of this
request, the applicant also requested a ariance to the 100 -foot buffer zone pursuant to
Section 14.2(A)7.a.
4. The applicant has no history of violations on the existing nonmetallic mining operation.
5. The special exception request is consistent with the provisions of Chapter 14 of the St.
Croix County Zoning Ordinance.
6. The Land and Water Conservation D artment supports the reclamation plan for the
special exception request.
7. Granting the variance to the 100 -foot t uffer zone does not violate the spirit and intent
of the Ordinance since both the applicant and adjacent property owner will benefit from
being able to mine within the buffer.
8. The physical characteristics of the site d the presence of aggregate materials within
the buffer are unique to the property d conducive to nonmetallic mining uses within
the 100- buffer zone.
9. The Town of Richmond Town Board iecommended approval of the special exception
and variance requests.
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10. There was no public opposition to the special exception and variance requests.
11. The spirit and intent of the Ordinance ould be met by granting the special exception
and variance requests, and substantial justice would be done„
With the following conditions:
Item #1 approved conditions:
1. This special exception permit allows n Drunetallic mining to proceed according to the
plans submitted on May 13, 2005 and odified and re- submitted on June 22, 2005.
Approval does not include any expansion in area or operations not indicated in those
plans.
2. Prior to commencing site preparation d mining operations for each phase, the
applicant shall be responsible for installing all berms and erosion control devices as
approved by the LWCD and DNR. Th berm along the south boundary of the active
mining operation shall be no less than 20 feet in height as operations expand. Berm
height and location may be reviewed d revised to address future development at the
time this permit is renewed per Condi ion #4.
3. The berm along the southeast propert line adjacent to property currently owned by
Thomas Nelson shall be setback 200 et from the centerline of 120 Street and 200
feet from the centerline of Mr. Nelson s driveway to maintain a vision triangle for the
driveway and to address surface drainage issues.
4. This permit is valid for a period of fivc years and expires June 23, 2010, after which
time it must be renewed pursuant to Section 14.3(A)6.a -b of the Ordinance.
5. The applicant shall supply the Planni g and Zoning Department with the name and
contact information of the primary mine operator. The operator shall comply with all
of the general requirements and condil ions listed in the nonmetallic mining and
reclamation standards in Chapter 14 — Nonmetallic Mining Ordinance (unless varied
per conditions).
6. Immediately upon completion of the etland delineation, the applicant shall submit a
copy to the Zoning Administrator to b kept on file. The applicant shall also stake the
exterior boundaries of the 50 -foot setback from the wetland and shall maintain the
stakes throughout the operation of the mine.
7. Site reclamation to a native prairie grassland shall proceed according to the
Reclamation Plan. The applicant must file with the Zoning Administrator financial
assurance for site reclamation pursuant to Chapter 14.7(A)]I prior to commencing any
mining activities. The LWCD shall review the financial assurance amount prior to its
acceptance by the Zoning Administra or to ensure that it is within industry standards.
8. By June 30, 2005, the applicant shall pay to the Zoning Administrator annual
nonmetallic mining reclamation fees f br 2005 and 2006 pursuant to Section
14.8(A)2.a -f of the Ordinance.
9. Immediately upon completion of the ew petroleum storage tank installation, the
applicant shall submit to the Zoning Administrator a copy of the certification from a
certified tank installer along with photo documentation of the completed tank
installation. The applicant shall be responsible for the proper disposal of the existing
four above -ground petroleum tanks upon installation of the new tank. All petroleum
products kept onsite and related to the sand and gravel operation shall be stored in
State approved fuel storage containers and shall be in accordance with federal
standards.
10. Absorbent pads, designed to accept p troleum products, must be located at the
refueling site in accordance with Stat and federal OSHA standards.
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11. The applicant shall be responsible for oise abatement, including but not limited to
the continued use of liners on chutes d hoppers, and dust abatement in accordance
with NR 415.
12. Hours of operation shall not exceed 6:00 a.m. — 10:00 p.m., Monday — Saturday. The
operator may submit a written request for (occasional/limited) extended hours to the
Zoning Administrator for review and zpproval ahead of time.
13. The applicant shall be responsible for adhering to all regulations relating to local,
State, and federal rules during the life of the operation.
14. Any minor change (or addition) in area or use beyond what is shown in the plans shall
require review and approval by the Zoning Administrator. Major changes shall
require the special exception approval process, as stated in the Ordinance.
The following vote was taken to approve: Nelson, yes; Luckey, yes; Chairperson Speer,
yes; Jensen, yes; Malick, yes. Motion pas I ed unanimously.
Item #2 approval and conditions: Motion by Nelson, seconded by Jensen to approve
the variance request to mine within the 100 foot buffer zone, with the following conditions:
15. This variance allows the applicant to mine within the 100 -foot buffer zone of adjacent
property lines shared with Cemstone d Utecht family members as indicated in the
plans submitted May 13, 2005.
16. Within 60 days, the applicant shall submit to the Zoning Administrator a letter signed
by him and his wife supporting the va 'ance along the adjacent property that they
own.
The following vote was taken to approve: Nelson, yes; Luckey, yes; Chairperson Speer,
yes; Jensen, yes; Malick, yes. Motion passed unanimously.
Additionally, the Board unanimously approved the following conditions applicable to
both the special exception permit and the ariance:
17. 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.
18. Accepting this decision means that the applicant has read, understands, and agrees to
all conditions of this decision.
Article #8: Michael and Sandra Kesslei.
Motion by Speer, seconded by Nelson to approve the special exception permit request for
a slaughterhouse and a motion was made by Nelson, seconded by Malick to approve the
variance request to the 700 -foot setback requirement for a slaughterhouse based on the
following findings:
1. The applicants are Michael and Sandr Kessler, 1181 Highway 128, Glenwood City,
WI 54013.
2. The site is located in part of Section 3, T29N, R15W, Town of Springfield, St. Croix
County, Wisconsin.
3. The applicants requested a special exception permit for a slaughterhouse pursuant to
Section 17.15(6)(h) of the St. Croix County Zoning Ordinance. As part of this request,
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the applicant also requested a variance to the 700 -foot setback requirement pursuant to
Section 17.15(6)(h) of the St Croix County Zoning Ordinance.
4. There will be no odors or loud noises From the slaughterhouse operation as it will
feature indoor storage and is on the sage property as the applicants' home.
5. Granting the variance to the 700 -foot setback does not violate the spirit and intent of the
Ordinance since there will be no killing or keeping of live animals for slaughter on the
property, and the property is well screened from adjacent residences.
6. The physical dimensions and characte 'stics of the property limit where the
slaughterhouse building can be moved to meet the 700 -foot setback.
7. The Town of Springfield Town Board recommended approval of the special exception
and variance requests.
8. There was no public opposition to the pecial exception and variance requests.
9. The spirit and intent of the Ordinance would be met by granting the special exception
and variance requests, and substantial justice would be done„
With the following conditions:
1. This special exception permit and vatliance allows the applicant to operate a
slaughterhouse within 700 feet of any lot line shared with property upon which a
dwelling may be located as indicated in the plans submitted on May 16, 2005.
Approval of this special exception permit and variance does not include any
additional structures, services, or ope ations not indicated in the plans as part of the
proposed operation.
2. There shall be no keeping or killing o f live animals, or eviscerating animals on the
site as part of this approved operation
3. Prior to commencing the processing operation, the applicant shall provide to the
Zoning Administrator a written agreement with a landfill or rendering facility for the
transport and disposal of solid waste ff site.
4. Prior to commencing the processing operation, the applicant shall provide to the
Zoning Administrator a copy of the wastewater holding tank approval form from the
Wisconsin Department of Natural Ressources, as well as a plan and supporting
documentation for the long -term disp sal of wastewater from the holding tank.
5. Prior to commencing the processing operation, the applicant shall be responsible for
obtaining any local, state, or federal permits, licenses, or approvals as necessary.
6. The applicant shall have no more than one six - square foot sign subject to sign
provisions in Section 17.65 of the Ordinance.
7. The applicant shall be responsible for maintaining vegetative screening surrounding
the property as it existed in the photographs taken May 15, 2005.
8. The applicant shall be responsible for keeping the property in a neat and orderly
manner. No animal parts or equipme t shall be stored outside or be allowed to
accumulate on the property that may attract rodents or pose: a threat to the health,
safety and welfare of those citizens of St. Croix County.
9. Hours of operation shall not extend beyond 8:00 AM —10:00 PM Sunday - Saturday.
10. The applicant shall have no more than two employees in addition to himself or other
residents of the principal dwelling on his property.
11. No onsite retail sales shall be allowed (no resale or consignment of goods, no selling
of stocks of merchandise or products f br purchase by the general public).
12. No hazardous materials shall be store inside the buildings or on the site.
13. All exterior lighting associated with tI e operation shall be illuminated downward
and shielded away from neighboring properties.
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14. 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
(June 2007).
15. Any change (or addition) in use, or a pansion of the operation, including building,
signage, or services, shall require rev ew and approval by the Zoning Administrator
and in some circumstances through tI e special exception approval process, where
applicable, as stated in the Ordinance
16. 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 and an opportunity for a hearing.
17. 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 Ihe special exception and variance: Nelson, yes;
Luckey, yes; Chairperson Speer, yes; Jen en, yes; Malick, yes. Motion passed
unanimously.
Article #9: Bruce Lenzen
Motion by Nelson, seconded by Speer to approve the special exception permit request for
a land division in the Lower St. Croix Ri erway District based on the following findings:
1. The applicant is Bruce Lenzen, property owner of Lot 4, Brugler Court, 502 2 nd Street,
#204, Hudson, WI, and acting on beh if of Wayne Mann, property owner of Lot 5 and
Outlot 1, Brugler Court, PO Box 9396, Minneapolis, MN 55440.
2. The project site includes Lots 4 and 5 and Outlot 1 of Brugler Court Subdivision,
located in Government Lot 2, Section 12, T28N, R20W, Town of Troy, St. Croix
County, Wisconsin.
3. The applicant filed an application wi the Planning and Zoning Department for a
special exception permit for a land di ision in the Lower St. Croix Riverway District
pursuant to Section 17.36(6)(a)(1) of the St. Croix County Zoning Ordinance.
4. The Board of Adjustment finds that all requirements have been met to grant the special
exception permit pursuant to Sections 17.36(6)(d) and 17.70(7)(a) of the St. Croix
County Zoning Ordinance.
5. The Town of Troy has recommended approval of this request with the condition that
the applicant place a restrictive coven int on the new lots that does not allow them to be
further subdivided in the future.
6. The Planning and Zoning Committee pproved a variance to the 3:1 depth to width
ratio in the subdivision design standar is for this request.
7. The Land and Water Conservation Dc partment has no objections to this request.
8. There was no public opposition to thi request.
9. The spirit and intent of the Ordinance would be met by granting this request for a
special exception permit, and substan ial justice would be done.
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With the following conditions:
1. This special exception permit allows he applicant to divide Outlot 1 between Lots 4
and 5 as indicated in the plan submitt�d on May 16, 2005. Approval of this special
exception permit does not include an additional changes not indicated in the plan.
2. The applicant shall be responsible for placing a restrictive covenant on the deeds for
the newly configured lots limiting vegetation removal and filling and grading
activities to the home construction sits only as originally approved for Lots 4 and 5
in 2002 and as amended by the affida it of correction on setbacks on the CSM, and
as stipulated in Condition #2 of the May 28, 2002 Board of Adjustment decision
letter. Additionally, the restrictive covenants shall not allow any vegetation removal,
filling and grading (including the creation of a beach area)„ or structures within the
area of the originally approved Outlo 1 except as needed for installation of a lift or
stairway and dock to provide access to the river. Within 60 days of approval of the
minor subdivision, the applicant shall provide a copy of the signed and recorded
restrictive covenants to the Zoning Administrator.
3. The applicant shall be responsible forl ensuring that future property owners submit
and have approved by the Zoning Administrator an erosion control plan for each lot
prior to the issuance of any sanitary p crmits as stipulated Condition #4 of the March
28, 2002 Board of Adjustment decision letter:
• The plan shall include grading limits, construction timeline, building and
driveway locations, and pre and ost- development drainage.
• Please include species and seeding and/or planting rates. Native plants should
be incorporated into the final re- egetation plan wherever possible.
• The storm water management plan shall identify how the increased runoff due
to development will be directed way from the bluff and not allowed to flow
down the steep banks, which would cause erosion and bank instability.
• The plan shall identify the person or persons responsible for installation and
maintenance of practices on each lot.
4. The applicant shall be responsible for complying with all other standards of the St.
Croix County Zoning Ordinance, particularly those in Section 17.36 and Chapter 18
as part of the minor subdivision review process, and shall obtain any other necessary
local, State, and federal permits and approvals.
5. The applicant shall be responsible for placing a restrictive covenant on the deeds for
the newly configured lots not allowin the lots to be re- subdivided in the future as
recommended by the Town of Troy. he applicant shall provide a copy of the signed
and recorded restrictive covenants to he Zoning Administrator.
6. Any minor change (or addition) in the approved plan shall require review and
approval by the Zoning Administrator. Any major change and/or addition to the
approved plan will go through the special exception approval process, where
applicable, as stated in the Ordinance
7. These conditions may be amended or additional conditions may be added if
unanticipated conditions arise that w Id 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 applicarit and an opportunity for a hearing.
8. 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; Malick, no; Luckey,
yes; Chairperson Speer, yes. Motion passe i on a 4 -1 vote.
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Article #10: Leonard and Margaret De Lauriers/ Troy Development Corp.
Motion by Malick, seconded by Jensen to pprove the special exception permit request
for filling and grading on 20% slopes in ft Ag Residential District to construct a shared
driveway on the property based on the foll1owing findings:
1. The applicants are Leonard and Margaret Ann DeLauriers, 706 Coulee Trail, Hudson,
WI, with Charles Cook, Troy Development Corporation, and James Filkins, Ogden
Engineering, acting as their agents.
2. The site is located in the NE' /4 of the NE '/4 of Section 10, 728N, R19W, Town of
Troy, St. Croix County, Wisconsin.
3. The applicants filed an application with the Planning and Zoning Department for a
special exception permit for filling and grading on 20 percent slopes to install a shared
driveway access as part of the proposed Hills of Troy Subdivision pursuant to Section
17.15(6)(t) of the St. Croix County Zo 'ng Ordinance.
4. The Board of Adjustment finds that all requirements have been met to grant the special
exception permit pursuant to Section 1'7.70(7)(a) of the St. Croix County Zoning
Ordinance.
5. The Planning and Zoning Committee recommended that the special exception permit
be obtained as part of its conceptual review of the proposed Hills of Troy Subdivision.
6. The applicants have worked with the L d and Water Conservation Department to
address storm water management and erosion and sediment control with professionally
engineered plans.
7. Troy Development Corporation has a good track record for being responsible
developers and will be coordinating the filling and grading project as part of the Hills of
Troy phased development plan.
8. The proposed erosion and sediment control plan and storm water management
measures will improve ongoing erosion problems on the site.
9. There was no public opposition to this request.
10. The spirit and intent of the Ordinance would be met by granting this request for a
special exception permit, and substantid justice would be done.
With the following conditions:
1. This special exception permit allows t e applicants to disturb slopes greater than 20
percent to construct a shared driveway access for Lots 120 and 121 in the proposed
Hills of Troy subdivision. Approval o this special exception permit does not include
any additional grading and filling not indicated in the plans submitted May 16, 2005.
2. Prior to commencing construction, the applicants shall obtain any other required
local, State, or federal permits and ap rovals.
3. Prior to commencing construction, the applicants shall submit to the Zoning
Administrator and have approved by t e Land and Water Conservation Department a
final storm water management plan sh wing that all runoff currently draining to the
ravine can be retained based on a 2 ye , 24 hour Type 11 storm event.
4. Prior to beginning any work, the applicants must submit a financial guarantee equal
to 120% of approved installation estimates in favor of St. Croix County, to be held
by the Planning and Zoning Departme t for grading activities, erosion control, and
storm water management measures (tc ensure proper construction). The initial
financial guarantee period shall be for a minimum of five years (see Condition #10)
and shall automatically renew until the: county releases any or all of the financial
guarantees:
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• Written estimates must be submitt d to the Zoning Administrator for review and
approval.
• No construction, including earth moving, shall take place prior to approval of the
financial guarantees
• The applicant shall have the engm e submit proof that the plans were installed as
approved. This document can be ubmitted in the form of an as -built or other
document that county staff can re iew to ensure the plans were installed in
accordance with the original desi .
• Upon substantial completion of al required improvements, the applicant shall
notify the Zoning Administrator o the completion of the improvements in
writing. The Zoning Administrat r, in consultation with appropriate experts, shall
inspect the improvements.
• The County may retain a portion f the guarantee, for a. period not to exceed two
years after final acceptance of an improvement to ensure the project has been
stabilized, this amount is not to a ceed 15% of the cost of the improvement.
5. Prior to beginning any work, the pplicants must schedule an on -site pre -
construction meeting that include the landowner, contractor, engineer, architect,
and staff from the County Planni g and Zoning and Land and Water Conservation
Departments. Items to be discuss d include but are not limited to installation of
BMPs, construction timelines, an roles and responsibilities of owner, engineer,
and contractors.
6. During construction, the smallest number of mature trees shall be removed and
the smallest amount of bare gro d shall be exposed for as short a time as
possible. Temporary ground cov r such as mulch shall be used and permanent
cover including a native seed mi and native trees and shrubs shall be planted.
7. Within 30 days of completing co struction, the applicants shall record the storm
water management plan and any ainage easements for permanent storm water
control structures against the dee for the property. The applicant is responsible
to provide a recorded copy to the Zoning Administrator. The intent is to make
the current and future owners aw e of the responsibilities associated with the
storm water management plan as well as the limitations (filling, grading, etc.) the
landowner incurs as a result of th plan.
8. Within 30 days of completing co struction, the applicants shall submit record
drawings prepared by the project engineer and photographs of Lots 120 and 121
to the Zoning Administrator.
9. Any minor change or addition to the project, including but not limited to design of
the lots or the project, shall requi e review and approval by the Zoning
Administrator prior to making th change or addition. Any major change or
addition to the originally approv d plan will have to go through the special
exception approval process.
10. The applicant shall have five (5) years from the issuance of the special exception
permit to commence constructio in accordance with the planned phases for
construction of the Hills of Troy Subdivision and the construction of Kilkenny
Lane. Failure to do so shall resu t in expiration of the special exception permit,
unless an extension of up to six onths is requested by the applicants and granted
by the Zoning Administrator. If the special exception permit expires before
construction commences, the ap licant will be required to secure a new special
exception permit before starting r completing construction on the project.
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11. These conditions may be amended or additional conditions may be added if
unanticipated conditions arise that ould affect the health and/or safety of citizens
or degrade the natural resources o St. Croix County. Conditions will not be
amended or added without notice t the applicant and an opportunity for a
hearing.
12. Accepting this decision means tha the applicants have read, understand, and
agree to all conditions of this decision.
13. This request is approved unless th Town of Troy requests a reconsideration
based on new information no later an July 18, 2005.
The following vote was taken to approve: Nelson, yes; Jensen, yes; Malick, yes; Luckey,
yes; Chairperson Speer, yes. Motion passe unanimously.
The meeting declared adjourned at 11:10 m.
Respectfully submitted:
Sue Nelson, Secretary Debr i Murphy, Recording Secretary
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