HomeMy WebLinkAboutBoard of Adjustment 06-24-04 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, June 24, 2004
TIME: 8:30 a.m.
LOCATION: Government Center, Hudson, Wisconsin
CALL TO ORDER:
ROLL CALL:
ADOPTION OF AGENDA:
ACTION ON PREVIOUS MINUTES:
DATE OF NEXT MEETING:
UNFINISHED BUSINESS:
OTHER BUSINESS:
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, 2004
COPIES TO: County Board Office County Clerk
Committee Members News Media/Notice Board
* CANCELLATIONS /CHANGE S /ADDITIONS
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OFFICIAL
BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES
June 24, 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, Sue Nelson, Linda Luckey and Stan Krueger were
present. Staff included: Rod Eslinger, Interim Zoning Director, and Deb Zimmermann,
Paralegal/Office Manager. Chairperson Speer believes this to be a properly noticed
meeting.
Motion was made by Nelson, seconded by Jensen to adopt the agenda. Motion carried.
The Board set the next meeting date as July 22, 2004 and will be held in the County
Board Room, at the Government Center. The starting time will be 8:30 a.m.
MINUTES
Motion by Luckey, seconded by Nelson to adopt the minutes from the May 27, 2004
hearing, with changes noted. Motion carried.
ELECTION OF OFFICERS
Stan Krueger opened nominations for election of officers for the Board of Adjustments.
Nelson nominated Speer for Chairperson. Motion by Jensen, seconded by Nelson and
carried to close nominations. Unanimous vote was cast for Julie Speer to serve as
Chairperson.
Chairperson Speer opened nominations for Vice Chairman. Speer nominated Stan
Krueger for Vice Chairperson. Motion by Jensen to close nominations and cast a
unanimous vote for Stan Krueger to serve as Vice - Chairperson. Motion carried.
Chairperson Speer opened nominations for Secretary. Krueger nominated Sue Nelson for
Secretary. Motion by Jensen to close the nominations and cast a unanimous vote for Sue
Nelson to serve as Secretary. Motion carried.
NEW BUSINESS
Chairperson Speer welcomed everyone in attendance and gave a brief overview of how
the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public
hearing notice was published correctly and was read into the record as follows:
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday,
June 24, 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 construct a stairway on the
property to allow access to the St. Croix River pursuant to Section
17.36(6)(a)4. The request is to install a stairway to access the beach
on the bank of the St. Croix River.
APPELLANT: Geraldine Bodmer Trust, owner/ Wichser & Herreld Architects,
Inc., applicant
LOCATION: The Gov. Lot 2, Section 13, T28N -R20W, Town of Troy
ADDRESS: Off of Salishan Road
2. ARTICLE: Special Exception request to permit a commercial business in the
Commercial District pursuant to Section 17.18(1)(a). Request is to
house a regional office for Valvoline Instant Oil Change for
management training, storage of dry materials, parts and accessories,
and equipment cleaning/repair in an existing building.
APPELLANT: David Ihle, owner/ Joe Ryan/Valvoline Instant Oil Change, Agents
LOCATION: Part of Government Lot "2" of Section 27, T30N -R20W, Town of
St. Joseph
ADDRESS: 30 Hilltop Road, Houlton, WI 54082
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 9:20 a.m. to 10:55 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:
Article #1: Geraldine Bodmer
Motion by Nelson, seconded by Krueger to approve the applicant's request for a special
exception permit to construct a stairway to gain access to the St. Croix River based on the
following findings:
I. The Board of Adjustment finds that the requirements have been met to grant the
special exception request pursuant to Section 17.36(6)(a)4 of the St. Croix County
Zoning Ordinance.
2. The request is a permitted use with a special exception permit.
3. There was no opposition to the request.
4. The plans for the project were designed by a licensed architect.
5. There were no objections from the Department of Natural Resources.
6. The concerns of the St. Croix County Land and Water Conservation Department
have been satisfied.
7. The stairway will be located in an area that will be inconspicuous from the St.
Croix River.
8. The Board finds that by granting the request, the spirit and intent of the ordinance
will be met.
With the following conditions:
1. The applicant is to obtain approval in writing from the Town of Troy and submit
that approval to the Zoning Department.
2. The applicant shall install the stairway as designed by the licensed engineer.
3. The applicant shall have the engineer submit proof that the plans were installed as
approved. This document can be submitted in the form of an as -built or other
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document that county staff can review to ensure the plans were installed in
accordance with the original design.
4. All vegetative removal is to be kept to a minimum.
5. The applicant shall submit photos of stairway upon the completion of the project
to the Zoning Office.
6. The applicant shall comply with the provisions of 17.36 (5) 0) stairways.
7. The applicant shall submit a planting plan depicting how the stairway will be
effectively screened with native vegetation within 5 -years of the date of this
permit. [17.36 (5) (k)]
8. The applicant is to submit a construction schedule to the Zoning Office 3 days
prior to commencing this project.
9. The applicant shall have one (1) year from the issuance of the Special Exception
permit to commence construction. If the Special Exception permit expires, the
applicant will be required to secure a new Special Exception permit before the stairs
can be constructed.
10. Any minor change (or addition) in expansion of the project shall require review
and approval by the Zoning Director. Any major change and/or addition to the
originally approved plan will go through the special exception approval process,
where applicable, as stated in the ordinance.
11. 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.
12. 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; Luckey, yes; Krueger, yes; Nelson,
yes; Chairperson Speer, yes. Motion carried.
Article #2: David Ihle
Motion by Krueger, seconded by Speer to approve the request for a special exception
permit to allow Valvoline Instant Oil Change to locate their business on an existing
commercial site based on the following findings:
1. The Board of Adjustment finds that the requirements have been met to grant the
special exception pursuant to Section 17.18(1)(a) of the St. Croix County Zoning
Ordinance.
2. The Town of St. Joseph has recommended approval of the request.
3. This is an existing commercial site with an existing building, therefore, the Board
finds that this is an appropriate use for the site.
4. There was no opposition to the request.
5. The Board finds that the request is not contrary to the public interest.
6. The Board finds that the spirit and intent of the ordinance would be met by granting
this request.
With the following conditions:
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1. This special exception use permit is for Valvoline Instant Oil Change to operate
an office, warehouse storage, parts cleaning and a new - employee training facility
from this property. Each commercial use requires a separate special exception.
2. The floor drain is to be capped, as testified by the applicant.
3. The self - containment berm for spills is to be constructed in the parts /cleaning
equipment area.
4. Landscaping/Screening
a. The property owner shall maintain a natural buffer area 73 -feet in width along the
western boundary of the property to buffer the commercial property from the
adjacent ag/residential housing development (see exhibit 4). No improvement or
commercial use may be made of the buffer area (storage, parking, etc...), except
landscaping or screening that may be required as part of this permit. The existing
trees along the eastern property line within the setback/buffer shall be protected
and maintained. If any existing trees are lost, they must be replace with 8 ft.
minimum height of like tree species within 5 -feet of the original location.
b. The Board shall require additional screening short needle evergreen tree planting,
6 -8 foot tall fence, earthen berm or a combination thereof, along the north
property line to provide for year round screening of the parking area. Pursuant to
17.18 (1) (f) 6. Any commercial lot that abuts or is across from a residential area
shall have perimeter landscape screening that will substantially screen parking
areas and headlights from vehicles. If evergreens are used, the plantings shall be
two rows of 6 -8 foot tall evergreen staggered 15 feet on center. The additional
screening shall be completed by October 2004.
C. The applicant must submit a revised site plan showing the 73 -foot natural buffer
along the west property line and a planting plan for the north property line with
species type and size.
d. A financial guarantee equal to 120% of approved construction estimates must be
submitted in favor of St. Croix County, to be held by the Zoning Office for the
landscaping. The initial financial guarantee period may be for a minimum of one
year and shall automatically renew until the county releases any or all of the
financial guarantee.
5. The applicant must satisfy conditions 2 and 3 of the rezoning before this permit is
valid. (See exhibit 5).
6. An investigative report from a licensed plumber must be submitted to the zoning
office 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.
7. Applicant to maintain a minimum of 1 paved parking space for each 200 -sq. ft. 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. Per section 17.57 (5)
8. Applicant to maintain proper state licensing to operate the business.
9. The property shall be kept in a neat and orderly matter.
10. The cumulative onsite signage advertising the business shall not exceed 100
square feet, and maximum height of 35 ft. This sign must be located a minimum
of 10 ft. from all property lines. Any other signage must be approved by the
zoning department and must strictly adhere to the St. Croix County Signage
Ordinance.
11. This approval does not include storage of hazardous materials onsite.
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12. Hours of operation to be within the hours of 6:00 am to 6:00 p.m. / Monday —
Saturday.
13. Lighting must be illuminated downward and is to be shielded away from
neighboring properties. (A light plan may be required, if warranted).
14. The applicant shall have the zoning administrator review this special exception
permit in two years from the approval date for compliance with this approval
(June 2006).
15. Any change (or addition) in use, or expansion of the project, including building,
signage, shall require review and approval by the zoning administrator and in
some circumstances through the Special Exception approval process, where
applicable, as stated in the ordinance.
16. 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 business
commences, the applicant will be required to secure a new special exception
permit before starting or completing the project.
17. 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.
18. 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; Luckey, yes; Jensen, yes;
Krueger, yes; Chairperson Speer, yes. Motion carried.
The meeting was declared adjourned by Chairperson Speer at 11:25 a.m.
Respectfully submitted:
Sue Nelson, Secretary Debra Zimmermann, Recording Secretary
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