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HomeMy WebLinkAboutBoard of Adjustment 10-21-04 X AGENDA 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, October 21, 2004 TIME: 8:30 a.m. LOCATION: Community Room, Lower Level Government Center, Hudson, Wisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: OTHER BUSINESS: Lawrence and Laurie Winkler: Withdrawal of variance request for second driveway on the property. 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: October 15, 2004 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *CANCELLATIONS /CHANGES /ADDITIONS PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, October 21, 2004 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: Special Exception request for a permit to operate a major home occupation in the Ag/Residential District pursuant to Section 17.70(5) subject of the provisions of 17.155. The applicant is requesting to operate River Falls Fireplace and Feed in an accessory structure on the property. APPELLANT: Gerald Emholtz LOCATION: The SW ' / 4 of the NE '/4, Section 15, T28N -R18W, Town of Kinnickinnic ADDRESS: 1250 County Road J, River Falls, WI 54022 2. ARTICLE: Special Exception request to permit a light commercial business in the Commercial District pursuant to Section 17.18(l)(a -f). Request is to operate a small business known as Doerfler Manufacturing in the existing commercial building. APPELLANT: David Ihle, owner/ Doerfler Manufacturing & Sales, agent LOCATION: Part of Gov. Lot 2 of Section 27, T30N -R20W, Town of St. Joseph ADDRESS: 30 Hilltop Road, Houlton, WI 54082 3. ARTICLE: Special Exception request for an after -the -fact permit for filling, grading and rock riprapping for shoreline protection in the St. Croix Riverway District pursuant to Section 17.36(6)3. APPELLANT: Joe Merchak LOCATION: The SW ' / 4 of the NW ' / 4, Section 36, T28N -R20W, Town of Troy. ADDRESS: 210 North Ilwaco Road, River Falls, WI 54022 4. ARTICLE: Special Exception request for a major home occupation in the Ag/Residential District pursuant to Section 17.155(6) APPELLANT: Loren and Marilyn Smeester LOCATION: The SE %4 of the SW 1 /4, and the SW '/4 of the SE '/4, Section 2, T28N -R17W, Town of Rush River. ADDRESS: 1954 50thAvenue, Baldwin, WI 54002 5. ARTICLE: Variance request to the highway setback requirements of a Class B Highway pursuant to Section 17.64(1)b. The applicant is requesting to construct a home within the 100 - foot road right -of -way setback of State Trunk Highway 35. APPELLANT: Anne Rolland, owner/ Eric Rolland, agent LOCATION: Government lot 2, Section 35, T30N -R20W, Town of St. Joseph ADDRESS: Off of Highway 35, Hudson, WI 54016 6. ARTICLE: Variance request to the highway setback requirements of a Class C road pursuant to Section 17.64(1)(c). The applicant is requesting to deviate from the recorded plat of the Birch Park subdivision to allow the location of the home and driveway to be constructed in a different area on Lot 5, than shown on the plat. APPELLANT: Michael O'Sullivan and Catherine O'Sullivan, owners LOCATION: The S ' / 4 of Section 25, T30N -R20W, Town of St. Joseph ADDRESS: Lot 5, Birch Park Subdivision, Hudson, WI 54016 i All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Director, Hudson, Wisconsin at (715) 386 -4680. Julie Speer, Chairperson St. Croix County Board of Adjustment I OFFICIAL BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES October 21, 2004 (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, Linda Luckey and Stan Krueger were present. Sue Nelson was absent and excused. Staff included: Pete Kling, Land and Water Conservation Dept., David Fodroczi, Planning and Zoning Director, Jenny Shillcox, Zoning Specialist and Deb Zimmermann, Paralegal /Office Manager. Chairperson Speer believes this to be a properly noticed meeting. Motion was made by Luckey, seconded by Jensen to adopt the agenda. Motion carried. The next two meetings for the Board will be November 18 and December 16 The meetings will be held in the Community Room on the lower level of the Government Center. The starting time will be 8:30 a.m. MINUTES Motion by Jensen, seconded by Speer and carried to adopt the September 23, 2004 minutes as corrected. 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: I PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, October 21, 2004 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: Special Exception request for a permit to operate a major home occupation in the Ag/Residential District pursuant to Section 17.70(5) subject of the provisions of 17.155. The applicant is requesting to operate River Falls Fireplace and Feed in an accessory structure on the property. APPELLANT: Gerald Emholtz LOCATION: The SW 1 /4 of the NE t /4, Section 15, T28N -R18W, Town of Kinnickinnic ADDRESS: 1250 County Road J, River Falls, W154022 2. ARTICLE: Special Exception request to permit a light commercial business in the Commercial District pursuant to Section 17.18(1)(a -0. Request is to operate a small business known as Doerfler Manufacturing in the existing commercial building. APPELLANT: David Ihle, owner/ Doerfler Manufacturing & Sales, agent LOCATION: Part of Gov. Lot 2 of Section 27, T30N -R20W, Town of St. Joseph ADDRESS: 30 Hilltop Road, Houlton, WI 54082 3. ARTICLE: *Canceled: Special Exception request for an after- the -fact permit for filling, grading and rock riprapping for shoreline protection in the St. Croix Riverway District pursuant to Section 17.36(6)3. APPELLANT: Joe Merchak LOCATION: The SW 1 /4 of the NW 1 /4, Section 36, T28N -R20W, Town of Troy. ADDRESS: 210 North Ilwaco Road, River Falls, WI 54022 4. ARTICLE: Special Exception request for a major home occupation in the Ag/Residential District pursuant to Section 17.155(6) APPELLANT: Loren and Marilyn Smeester LOCATION: The SE 1 /4 of the SW 1 /4, and the SW 1 /4 of the SE 1 /4, Section 2, T28N -R17W, Town of Rush River. ADDRESS: 1954 50thAvenue, Baldwin, WI 54002 5. ARTICLE: Variance request to the highway setback requirements of a Class B Highway pursuant to Section 17.64(1)b. The applicant is requesting to construct a home within the 100 -foot road right -of- way setback of State Trunk Highway 35. APPELLANT: Anne Rolland, owner/ Eric Rolland, agent LOCATION: Government lot 2, Section 35, T30N -R20W, Town of St. Joseph ADDRESS: Off of Highway 35, Hudson, WI 54016 6. ARTICLE: Variance request to the highway setback requirements of a Class C road pursuant to Section 17.64(l)(c). The applicant is requesting to deviate from the recorded plat of the Birch Park subdivision to allow the location of the home and driveway to be constructed in a different area on Lot 5, than shown on the plat. APPELLANT: Michael O'Sullivan and Catherine O'Sullivan, owners LOCATION: The S 1 /4 of Section 25, T30N -R20W, Town of St. Joseph ADDRESS: Lot 5, Birch Park Subdivision, Hudson, WI 54016 All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Director, 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 from 10:05 a.m. to 1:35 p.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: Old Business: Lawrence and Laurie Winkler Motion by Speer, seconded by Luckey to accept the withdrawal of the variance request for a second driveway on the property. The motion carried on a unanimous vote. 2 New Business: Gerald Emholtz Motion by Speer, seconded by Krueger to approve the request for a special exception permit to operate a major home occupation in the Ag/Residential District based on the following findings: 1. The applicant is Gerald Emholtz, the owner of the property. 2. The site is located on County Road J at the SW %4 of the NE' /4 of Section 15, T28N- R18W, Town of Kinnickinnic, St. Croix County, Wisconsin. 3. The applicant filed with the Zoning Office an application for a special exception request to operate River Falls Fireplace and Feed as a major home occupation. 4. The requirements have been met to grant the special exception permit for a major home occupation pursuant to Section 17.155 (4) and Section 17.155 (6) of the St. Croix County Zoning Ordinance. 5. The business will generate minimal traffic with sufficient area for parking, will not keep goods in stock but rather will order them as needed through internet and phone sales, and will not change the residential and agricultural character of the area. 6. No citizens or property owners opposed the request, with the exception of one adjacent property owner whose concerns were met with the conditions attached to the permit. 7. The Town of Kinnickinnic has recommended approval of the request. 8. The Board finds that the spirit and intent of the ordinance would be met by granting this request. With the following conditions: 1. This permit allows the applicant to operate a major home occupation for the sale of fireplaces and animal feed in accordance with Section 17.155(6) (a -f). All activities associated with the business shall not extend beyond the specified 1000 sf room in the accessory barn. 2. Any minor addition or change in operation, circumstance, and /or scope of the major home occupation shall require review by the County and Town of Kinnickinnic and approval by the County Planning and Zoning Department prior to making the addition or change. Any major addition or change to the originally approved permit will have to go through the special exception approval process. 3. The outward appearance of the accessory barn shall not be altered or the occupation within the barn be conducted in such a manner which would cause the premises to differ from its residential and agricultural character by either the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises, odors, or vibrations. 4. There shall be no additional exterior lighting. 5. Hours of operation shall not extend beyond 10 AM — 5PM Monday — Friday, and 9 AM to 1 PM on Saturdays. 6. The home occupation shall have adequate on -site parking spaces available to compensate for additional parking needs generated. 7. There shall be no exterior storage of business equipment, materials, merchandise, inventory, vehicles, or heavy equipment. 8. The home occupation shall not produce noise or objectionable odors, vibrations, glare, fumes or electrical interference detectable beyond the lot line of the parcel on which it is located. 3 9. The home occupation shall not illegally discharge any materials, fluids, or gases into the on -site sewer treatment system nor discharge such items in violation of ay applicable government code. 10. Before this permit is valid, the applicant shall schedule an inspection and obtain approval from the River Falls Fire Department to ensure that the facilities will not pose a fire hazard. The applicant shall provide one copy of the Fire Chief's report to the County Planning and Zoning Department and the Town of Kinnickinnic. 11. The applicant shall have one (1) year from the issuance of the special exception permit to commence the home occupation. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before the home occupation commences, the applicant will be required to secure a new special exception permit before starting it. 12. 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 amended or added without notice to the applicant and an opportunity for a hearing. 13. This special exception permit shall be temporary in nature and is granted to Gerald Emholtz. It is not transferable from person to person or from address to address except as stated under the provisions of Section 17.155 (7)(b). 14. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. 15. Signage shall be restricted to no more than one, non - illuminated sign not to exceed six square feet. All current signage on the property must be removed to met this standard pursuant to Section 17.155(6)(d)3. 16. The accessory barn must meet all applicable codes by the Town of Kinnickinnic, Wisconsin Department of Commerce, and other agencies. By accepting this approval the owner(s) are ultimately responsible for compliance with the conditions of this approval. The following vote was taken to approve: Jensen, yes; Luckey, no; Krueger, yes; Chairperson Speer, yes. Motion carried on a 3 -1 vote. David Ihle, owner/ Doerfler Manufacturing & Sales, agent Motion by Krueger seconded by Jensen to approve the request for a special exception permit to allow a light commercial business (Doerfler Manufacturing & Sales) in the Commercial District, based on the following findings: 1. The applicant is David Ihle, the owner of the property, with Doerfler Manufacturing & Sales as the agent. 2. The site is located at 30 Hilltop Road, Houlton in Gov. Lot 2, Section 27, T30N- R20W, Town of St Joseph, St. Croix County, Wisconsin. 3. The applicant filed with the Zoning Office an application for a special exception request for Doerfler Manufacturing and Sales to operate a light production business in the Commercial District. 4. The requirements have been met to grant the special exception permit for a light production business pursuant to Section 17.18(1)(a -0 of the St. Croix County Zoning Ordinance. 5. The business will be clean, healthy, and safe, and will generate minimal traffic with sufficient area for parking. 4 6. No citizens or property owners opposed the request. 7. The site is currently zoned Commercial and the building on the site is currently being used for commercial purposes. 8. The Town of St. Joseph has recommended approval of the request. 9. The Board finds that the spirit and intent of the ordinance would be met by granting this request. With the following conditions: 1. This special exception permit is for Doerfler Manufacturing & Sales to produce and package bath and body products as outlined in their application. 2. The property owner must file a CSM to satisfy condition 3 stipulated in Rezoning Resolution 629 (2003) for the property before this permit is valid. 3. The property owner must complete the landscaping necessary to satisfy condition 4 (a -d) for the previous special exception permit for Valvoline stipulated in the Board of Adjustment Official Meeting and Hearing Minutes for June 24, 2004. This landscaping work must be completed by November 15, 2004, after which time the applicant shall be required to post a bond for the landscaping. 4. An investigated report from a licensed plumber must be submitted to the Planning and Zoning Department before this permit is valid. The report shall indicate the size of the septic tank, drain field, and whether the system is of sufficient size to handle the proposed wastewater flows for this new commercial use. 5. The property owner shall maintain a minimum of one paved parking space for each 200 square feet of ground floor area. A minimum of 15 parking spaces must be maintained for this business. Each parking space shall be 200 square feet. The site plan shall be revised to show the parking spaces pursuant to Section 17.57(5). 6. The applicant shall be responsible for obtaining the proper state licensing to operate the business. 7. The property shall be kept in a neat and orderly matter with no outside storage of any packaging or raw materials. 8. This approval does not include the storage of hazardous materials on -site. 9. The cumulative on -site signage advertising the business shall not exceed 100 square feet and a maximum height of 35 feet. Signs must be located a minimum of 10 feet from all property lines. Any other signage must be approved by the Planning and Zoning Department and must strictly adhere to the St. Croix County Signage Ordinance. 10. Hours of operation shall not extend beyond 8 AM — 8 PM Monday - Friday, or 8 AM — 6 PM on Saturday. 11. All lighting must be downward directed and shielded away from neighboring properties. (A lighting plan may be required, if warranted.) 12. The applicant shall have the Planning and Zoning Department review this special exception permit in two years from the approval date (October 2006) for compliance with the conditions of this approval. 13. 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 and in some circumstances through the special exception approval process as stated in the Ordinance. 14. The applicant shall have one (1) year from the issuance of the special exception permit to commence the business. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before the 5 business commences, the applicant will be required to secure a new special exception permit before starting the project. 15. 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 amended or added without notice to the applicant and an opportunity for a hearing. 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: Jensen, yes; Krueger, yes; Luckey, yes, Chairperson Speer, yes. Motion carried on a 3 -1 vote. I Loren and Marilyn Smeester Motion by Jensen, seconded by Krueger to approve the special exception request for a major home occupation in the Ag/Residential District, based on the following findings: 1. The applicants are Loren and Marilyn Smeester, the owners of the property. 2. The site is located at the SE' /4 of the SW 1 /4 and the SW '/4 of the SE 1 /4 of Section 2, T28N -R17W, Town of Rush River, St. Croix County, Wisconsin. 3. The applicant filed an application with the Planning and Zoning Department for a special exception request to operate a farm store to sell bison meats and bison by- products, as well as a wholesale meat operation as a major home occupation. 4. The requirements have been met to grant the special exception permit for the farm store as a major home occupation pursuant to Section 17.155 (4) and Section 17.155 (6) of the St. Croix County Zoning Ordinance. 5. The wholesale meat operation does not need a special exception permit as general farming and livestock raising are permitted uses in the Agricultural District pursuant to Section 17.14 (1)(a). 6. The business will generate minimal traffic with sufficient area for parking and will not change the agricultural character of the area. 7. The business is consistent with policies for protecting agricultural operations in the St. Croix County Development Management Plan 2000 - 2020. 8. No citizens or property owners opposed the request. 9. The Town of Rush River has recommended approval of the request, finding that the business fits within the Town Comprehensive Plan for Ag- related industries. 10. The Board finds that the spirit and intent of the ordinance would be met by granting this request 11. This permit allows the applicant to operate a farm store for selling only bison meat and bison by- products from bison raised on the property. The farm store shall only be operated within the chicken coop as specified in the application as a major home occupation in accordance with Section 17.155(6) (a -f) of the Ordinance. 12. Before this permit is valid, the applicant shall provide to the Planning and Zoning Department a signage plan for the home occupation. All signage must be non- illuminated and meet the provisions of Section 17.155 (6)(d) 3 and 17.30 (3)(a -b) of the Ordinance. 13. Any minor addition or change in operation, circumstance, and/or scope of the major home occupation shall require review and approval by the Zoning prior to making the addition or change. Any major addition or change to the originally approved 6 permit will have to go through the special exception approval process. 14. he outward appearance of the chicken coop housing the farm store shall not be altered or the occupation within the coop be conducted in such a manner which would cause the premises to differ from its agricultural character by either the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises, odors, or vibrations. 15. Hours of operation for weekly appointments shall not extend earlier than 8:00 AM nor later than 10 :00 PM Monday - Friday. Weekend operation hours shall not extend earlier than 1:00 PM nor later than 5:00 PM. 16. There shall be no exterior storage of business equipment, materials, merchandise, inventory, vehicles, or heavy equipment. 17. The home occupation shall not produce noise or objectionable odors, vibrations, glare, fumes or electrical interference detectable beyond the lot line of the parcel on with the home occupation is located. 18. The home occupation shall not illegally discharge any animal waste, materials, fluids, or gases into the on -site sewer treatment system nor discharge such items in violation of any applicable government code. 19. 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 amended or added without notice to the applicant and an opportunity for a hearing. 20. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. By accepting this approval the owners are ultimately responsible for compliance with the conditions of this approval. The following vote was taken to approve: Jensen, yes; Luckey, yes; Krueger, yes; Chairperson Speer, yes. Motion carried on a 3 -1 vote. Anne Rolland Motion by Krueger, seconded by Jensen to table the applicants request for a variance to the highway setback requirements of a Class B Highway to construct a home within the 100 -foot road right -of -way setback of State Trunk Highway 35 for the following reasons: Due to the limited size and configuration of the proposed building site, the presence of sensitive slopes surrounding the site, and the special requirements of the Lower St. Croix Riverway, the Board requests the following information to determine the site's suitability for construction: 1. A detailed site plan showing more accurate 2 -foot contours and the exact locations and footprints of the proposed home and garage, deck, driveway, and on -site wastewater treatment system. Please mark these boundaries with flags on the site. 2. A grading plan that identifies how the site will be graded with grading limits and a detailed cross section of the fill areas. 3. An erosion control plan for the proposed construction area indicating temporary measures and best management practices to be used during construction, as well as permanent measures to protect and stabilize slopes long -term. Disturbance of 12 percent slopes is not allowed in the Riverway. 4. A stormwater management plan to retain stormwater runoff on -site and divert it away from slopes 12 percent and greater. 5. Detailed elevation drawings for the proposed home. 7 6. A vegetation management plan indicating the number of trees to be removed as part of the construction and describing how vegetative cover will be re- established, at what density and within what time frame upon completion of construction. Please flag all trees to be removed on the site. The following vote was taken to table: Luckey, yes; Krueger, yes; Jensen, yes; Chairperson Speer, yes. Motion carried. Michael O'Sullivan and Catherine O'Sullivan Motion by Speer, seconded by Krueger to table the variance request to the highway setback requirements of a Class C Highway to allow the location of the home and driveway to be constructed in a different area than platted on Lot 5 of the Birch Park subdivision, for the following reasons: Due to the sensitive slopes and soils on the proposed building site, the Board requests the following information to determine the site's suitability for construction: 1. A detailed site plan showing 2 -foot contours, the exact locations and footprints for the proposed home and garage, driveway, and on -site wastewater treatment system. 2. A grading plan that identifies how the site will be graded with grading limits and a detailed cross section of the fill areas. 3. An erosion control plan for the proposed construction area indicating temporary measures and best management practices to be used during construction, as well as permanent measures to protect and stabilize slopes long -term. 4. A stormwater management plan to retain stormwater runoff on -site and divert it away from slopes 20 percent and greater. 5. Detailed elevation drawings for the proposed home. 6. All requested materials must be prepared and certified by a registered engineer or surveyor. The following vote was taken to table: Jensen, yes; Luckey, yes; Krueger, yes; Chairperson Speer, yes. Motion carried. Meeting was declared adjourned at 3:25 p.m. Respectfully submitted: Sue Nelson, Secretary Debra Zimmermann, Recording Secretary 8