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HomeMy WebLinkAboutBoard of Adjustment 02-26-04 + I 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, February 26, 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: Discussion of Alternates for the Board of Adjustments 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: February 19, 2004 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board * CANCELLATIONS /CHANGES /ADDITIONS 4 f PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, February 26, 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: CANCELED: Variance request to exceed the height standards of an accessory building pursuant to Section 17.12(5). The applicant requests a variance to the 15 -foot accessory structure height requirements. APPELLANT: Christopher Marshall LOCATION: The NE %4 of the NW %4, Section 24, T30N -R20W, Town of St. Joseph ADDRESS: 1483 24 Street, Houlton, WI 2. ARTICLE: Special Exception request to locate a temporary asphalt plant in the Ag/Residential District pursuant to Section 17.15(6)(n). The request is to allow a temporary asphalt plant to be used primarily for state, county and township road projects. APPELLANT: Scott Simons, Tracey Simons, Teri Simons - Myers, owners / Monarch Paving Company, agent LOCATION: The NE %4 of the SE 1 /4, Section 1, T29N -Rl5W, Town of Springfield ADDRESS: 1131 County Highway W, Downing, WI 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 OFFICIAL BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES February 26, 2004 The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was made. Julie Speer, Nick Golz, Rich Peterson, Richard (Buzz) Marzolf and Stan Krueger were present. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, and Deb Zimmermann, Administrative Assistant. Chairperson. Speer believes this to be a properly noticed meeting. Motion was made by Peterson, seconded by Golz to adopt the agenda noting that Article Number One is canceled for today. Motion carried. The Board set the next meeting date as March 25, 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 Peterson, seconded by Golz to adopt the minutes from the January 22, 2004 hearing. Motion carried. ANNOUNCEMENTS Fisher informed the committee that he is resigning as Zoning Director and his last day will be March 24, 2004. 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, February 26, 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: CANCELED: Variance request to exceed the height standards of an accessory building pursuant to Section 17.12(5). The applicant requests a variance to the 15 -foot accessory structure height requirements. APPELLANT: Christopher Marshall LOCATION: The NE %4 of the NW 1 /4, Section 24, T30N -R20W, Town of St. Joseph ADDRESS: 1483 24 Street, Houlton, WI 2. ARTICLE: Special Exception request to locate a temporary asphalt plant in the Ag/Residential District pursuant to Section 17.15(6)(n). The request is to allow a temporary asphalt plant to be used primarily for state, county and township road projects. APPELLANT: Scott Simons, Tracey Simons, Teri Simons- Myers, owners / Monarch Paving Company, agent LOCATION: The NE' /4 of the SE 1 /4, Section 1, T29N -R15W, Town of Springfield ADDRESS: 1131 County Highway W, Downing, WI 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 recessed at 9:10 a.m to view the site. After hearing testimony on the above article, reviewing the material in the record, and conducting a site visit, the Board rendered the following decision: Scott Simons, Tracey Simons, Teri Simons - Myers/ Monarch Paving Co. Motion by Golz, seconded by Krueger to approve the request for a temporary asphalt plant to be located in the Ag/Residential District, based on the following findings: 1. The Board of Adjustment finds that the requirements have been met to grant a special exception permit to locate a temporary asphalt plant at this location according to Section 17.15(6) of the St. Croix County Zoning Ordinance. 2. The Board finds that the concerns of the adjoining property owner have been met. 3. The Board finds that this plant will serve a public need as the asphalt will be used primarily for the Wisconsin Department of Transportation resurfacing project on State Highway 170 and for projects for local counties and municipalities. 4. The permit will be temporary in nature and is a use that is permitted with a special exception permit. 5. The Town of Springfield has recommended approval of the request. 6. The Board finds that the plant will be located in an ongoing non - metallic mining area and the use is established. The Monarch Paving Company has proven to be a good company to work with, and no complaints have been submitted to the county during the time of the mining operation. 7. The Board finds that there are no issues with the safety, health or welfare of the St. Croix County citizens by issuing this permit. 8. The Board finds that the natural berm surrounding the property is adequate for the site. 9. The Board finds that the applicant has taken all precautions to ensure that dust, odor and noise is controlled. 10. The Board finds that the spirit and intent of the ordinance would be met by granting this request, and substantial justice would be done. With the following conditions: 1. Applicant is to notify the Zoning Department in writing (within 30 days of the public hearing) to confirm the date the hot mix plant will begin its operation. The plant shall not exceed 120 days in operations from day the plant begins operation. Permit includes operation of hot mix plant and hauling material on and off the site. 2. Applicant shall follow all state and federal operating guidelines, including keeping daily inspection logs. 3. Applicant is responsible to clean up any spillage of asphalt product on all haul roads. 2 t 4. Applicant shall submit the erosion control plan that is recommended by the St. Croix County USDA Soil Conservation Service office prior to set up of the temporary asphalt plant. 5. Applicant must access the site from County Highway W. 6. Applicant must notify the zoning office upon completion of the project. 7. Applicant is responsible for onsite dust abatement during the duration of the permit. 8. This permit includes temporary equipment placement related to the operation of the asphalt plant. 9. The operator shall provide at least two onsite sanitary satellites for the onsite employees. The sanitary satellites shall be serviced and cleaned once a week by a licensed septage hauler. 10. The property shall be kept in a neat and orderly matter. 11. The entrance of the facility must have a locking steel pole type construction (cattle) gate. The applicant shall submit a gate plan for zoning review and approval before the temporary hot mix plant maybe placed onsite. Gate must be locked during non- operating hours. 12. Hours of operation shall not exceed 5:00 a.m. — 10:00 p.m., Monday — Saturday. 13. Applicant must contact Jack Colvard, Emergency Government Director at (715) 386- 4719, if a spill occurs at the site. The applicant will submit a Spill Prevention Plan to the Zoning Office. 14. Monarch Paving Company shall reclaim the site back to the conditions that existed prior to the placement of the temporary asphalt plant and related equipment. 15. Any change in the original request of the project 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. 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: Peterson, yes; Marzolf, yes; Krueger, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Discussion of Alternates for Board of Adjustments Fisher handed out wording from the State Statutes regarding alternates. Discussion held. Motion by Speer, seconded by Krueger and unanimously carried to have two alternates appointed to the Board of Adjustments, and to modify the County Board By -Laws, Section C(2) to include alternate language consistent with State Statute Chapter 59.694(2)(bm). The Board suggested that one supervisor and one citizen be chosen for the two alternates. Board of Adjustment minute criteria Fisher informed the Board that it is Corporation Counsel's opinion that there is no need to have a detailed record of the hearing, as it is recorded by a court reporter. The Board should make a record of the findings and conditions of the hearing and eliminate the details. Discussion held. The Board members agree with Corporation Counsel's opinion and the meeting minutes from now on will have a brief summary of the meeting and the findings and conditions of the decisions only. 3 Motion by Peterson, seconded by Golz to adjourn the hearing at 11:25 a.m. Motion carried. Respectfully submitted: Richard Peterson, Secretary Debbie Zimmermann, Recording Secretary 4