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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, March 25, 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: Update regarding Alternates for the Board of Adjustments
OLD BUSINESS: Update on tabled special exception request for Wildwood View, Inc/ Spring Valley Mini Storage
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: March 25, 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, March 25, 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: Item #1: 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.
Item #2: Variance request to the Class "D" Highway requirements
pursuant to Section 17.64(1)(d)2. The request is for a variance from the 100 -foot road
right -of -way setback to 24 Street to construct an accessory structure on the property.
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 for a permit to construct a mechanical lift
and stairway on the property to allow access to the St. Croix River
pursuant to Section 17.36(6)(a)4.
APPELLANT: John Johnson
LOCATION: The NE ' / 4 of the SW '/4, Section 1, T29N -R20W, Town of St.
Joseph
ADDRESS: 227 Cedar DriveW, Hudson, WI 54016
3. ARTICLE: Special Exception request for filling and grading on slopes in excess of 20% pursuant to Section
17.15(6)(t). The request is for a special exception permit to allow the property owner to
construct an access driveway on the property.
APPELLANT: Chris and Dianna Kusilek
LOCATION: The SE '/4 of the SW '/4 and the NE '/a of the SW '/4, all in Section
33, T28N -R19W, Town of Troy
ADDRESS: Off of County Road M, River Falls, WI 54022
4. ARTICLE: Item #1: An after - the -fact Special Exception request for a permit to
disturb slopes greater than 20% per Section I 7.15(6)(t)
Item #2: An after - the -fact Variance request to grade on slopes in excess of 12% in the St.
Croix Riverway District pursuant to Section 17.36(5)(1)(1)b. The two requests are to allow a
driveway to remain in its current location on the property.
APPELLANT: Blake and Doris Mintz
LOCATION: The NE V4 of the SE 1 /4, Section 35, T30N -R20W, Town of St.
Joseph
ADDRESS: 178 Riverview Acres Road, Hudson, WI 54016
5. ARTICLE: Special Exception permit request for the temporary establishment and operation of a portable
ready -mix concrete plant in the Ag/Residential District pursuant to Section 17.15(6)(v). The
request is to allow a temporary ready -mix plant to be used primarily for State Highway 64
project in St. Croix County.
APPELLANT: Rivard Family Trust, owners / The Kraemer Co., LLC, agent
LOCATION: The SE 1 /4 of the NE 1 /4, Section 12, T30N -R20W, Town of Somerset
ADDRESS: Located in the Rivard Quarry, Anderson Scout Camp Road, Somerset, 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
March 25, 2004
(This hearing recorded by Northwestern Court Reporters)
The meeting was called to order by Chairperson .1 Lille 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: Rod Eslinger, Interim Zoning Director, and Deb
Zimmermann, Paralegal /Office Manager, Steve Olson, Land and Water Conservation
Dept. Chairperson. Speer believes this to be a properly noticed meeting.
Motion was made by Peterson, seconded by Golz to adopt the agenda. Motion carried.
The Board set the next meeting date as April 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 Krueger, seconded by Golz to adopt the minutes from the February 26, 2004
hearing. 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,
March 25, 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: Item #1: 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.
Item #2: Variance request to the Class "D" Highway requirements
pursuant to Section 17.64(1)(d)2. The request is for a variance from
the 100 -foot road right -of -way setback to 24 Street to construct an
accessory structure on the property.
APPELLANT: Christopher Marshall
LOCATION: The NE' /4 of the NW 1 /4, Section 24, T30N -R20W, Town of St.
Joseph
ADDRESS: 1483 24 t11 Street, Houlton, WI
2. ARTICLE: Special Exception request for a permit to construct a mechanical lift
and stairway on the property to allow access to the St. Croix River
pursuant to Section 17.36(6)(a)4.
APPELLANT: John Johnson
LOCATION: The NE' /4 of the SW 1 /4, Section 1, T29N -R20W, Town of St.
Joseph
ADDRESS: 227 Cedar DriveW, Hudson, WI 54016
3. ARTICLE: Special Exception request for filling and grading on slopes in excess
of 20% pursuant to Section 17.15(6)(t). The request is for a special
exception permit to allow the property owner to construct an access
driveway on the property.
APPELLANT: Chris and Dianna Kusilek
LOCATION: The SE' /4 of the SW 1 /4 and the NE' /4 of the SW '/4, all in Section
33, T28N -R19W, Town of Troy
ADDRESS: Off of County Road M, River Falls, WI 54022
4. ARTICLE: Item #1: An after- the -fact Special Exception request for a permit to
disturb slopes greater than 20% per Section 17.15(6)(t)
Item #2: An after - the -fact Variance request to grade on slopes in
excess of 12% in the St. Croix Riverway District pursuant to
Section 17.36(5)(1)(1)b. The two requests are to allow a driveway
to remain in its current location on the property.
APPELLANT: Blake and Doris Mintz
LOCATION: The NE 1 /4 of the SE 1 /4, Section 35, T30N -R20W, Town of St.
Joseph
ADDRESS: 178 Riverview Acres Road, Hudson, WI 54016
5. ARTICLE: Special Exception permit request for the temporary establishment
and operation of a portable ready -mix concrete plant in the
Ag/Residential District pursuant to Section 17.15(6)(v). The request
is to allow a temporary ready -mix plant to be used primarily for
State Highway 64 project in St. Croix County.
APPELLANT: Rivard Family Trust, owners/ The Kraemer Co., LLC, agent
LOCATION: The SE 1 /4 of the NE 1 /4, Section 12, T30N -R20W, Town of
Somerset
ADDRESS: Located in the Rivard Quarry, Anderson Scout Camp Road,
Somerset, 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 11:30 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:
Article #1: Christopher Marshall
Motion by Krueger, seconded by Golz to approve the request for a 73 -foot variance from
the right -of -way of 24 Street and a four -foot variance from the 15 -foot accessory
building height requirements to construct a 19 -foot accessory structure to store personal
belongings 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
variance to Sections 17.64(l)(d)2 and 17.12(5) of the St. Croix County Zoning
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Ordinance.
2. The Board finds that a literal enforcement of the ordinance would cause an
unnecessary hardship. The setback variance should be granted, as the hardship was
created when the State redesigned 24 I Street, after the owner had purchased the
property.
3. The placement of the accessory structure will not interfere with the vision triangle
of the road.
4. The Board finds that the four -foot variance request is minimal and will allow the
applicant an adequate size structure for the personal items to be stored.
5. The Town of St. Joseph has recommended approval of both variances.
6. There was no public opposition to the request.
7. The Board finds that the request is not contrary to the public interest, and will have
no impact on the public health, safety or welfare of the public.
8. The Board finds that the spirit and intent of the ordinance would be met by granting
this request, and substantial justice would be done.
The following vote was taken to approve: Peterson, yes; Marzolf, yes; Krueger, yes; Golz,
yes; Chairperson Speer, yes. Motion carried.
Article #2: John Johnson
Motion by Golz, seconded by Speer to approve the applicant's request for a special
exception permit for a mechanical lift and stairway in the St Croix Riverway District 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 17.36(6) of the St. Croix County Zoning
Ordinance.
2. The Board finds that the concerns of the adjacent property owners have been
addressed.
3. The Town of St. Joseph has recommended approval of the request.
4. The plans for the project have been designed by a professional company and will be
professionally installed.
5. The Land and Water Conservation Department has approved of the request.
6. The placement of the tram will be in an area that will be the least visually
inconspicuous from the St. Croix River.
7. The Department of Natural Resources stated they had no objection to the request.
8. The Board finds that this is a common use on the St. Croix River and is needed to
access the river on the property.
9. The Board finds that the request is not contrary to the public interest.
10. The Board finds that the spirit and intent of the ordinance would be met by granting
this request.
With the following conditions:
1. The applicant shall install the lift and stairway as designed by the licensed
engineer.
2. 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
document that county staff can review to ensure the plans were installed in
accordance with the original design.
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3. The applicant shall submit photos of the lift and stairway upon the completion of
the project to the Zoning Office.
4. The applicant shall comply with the provisions of 17.36 (5)(i) lifts and 17.36 (5)
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5. No reflective glass to be on the lift.
6. The applicant shall submit an erosion control plan (plan to be approved by the
zoning office) before commencing construction.
7. The applicant shall submit a planting plan depicting how the site will be re-
established with vegetation.
8. Applicant to have the lift installed by professional contractors familiar with this
type of installation. Applicant to submit as -built certification demonstrating that
the lift was constructed as proposed.
9. The applicant is to submit a construction schedule to the Zoning Office 3 days
prior to commencing this project.
10. Comply with all DNR requirements and obtain any permits necessary.
11. The applicant shall work with the St. Croix Beach Landowners Association to
ensure the tram and stairway will not limit access to the beach area.
12. 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
mechanical lift can be constructed.
13. 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.
14. 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.
15. 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.
Article #3: Chris and Dianna Kusilek
Motion by Krueger, seconded by Peterson to approve the applicant's request for a special
exception permit for disturbance of slopes greater than 20% and has been approved 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 17.14(6)(m) of the St. Croix County Zoning
Ordinance.
2. The Town of Troy has recommended approval of the request.
3. The plans for the project have been designed by a professional company and will be
professionally installed.
4. The Land and Water Conservation Department has approved of the request.
5. The applicant has testified that the driveway will be constructed to town and county
standards.
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6. The access is needed to allow farm machinery to enter in and out of the parcel.
7. There was no opposition to the request.
8. The Board finds that the request is not contrary to the public interest.
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 permit allows the applicant to disturb slopes greater than 20% to construct an
access to serve the property.
2. Before this permit is valid, the applicant shall address the concerns raised by the
Land and Water Conservation Department and applicant to submit proof to the
Zoning Department that the Pierce County Highway Department approves of the
access in to the property off of County Road M.
3. 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
erosion control and grading activities (to ensure proper construction). The initial
financial guarantee period shall be for a minimum of one year and shall
automatically renew until the county releases any or all of the financial guarantee
• Written estimates must be submitted to the Zoning office for review and
approval.
• No construction, including earth moving, shall take place prior to approval
of the financial guarantees
• 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 document that county staff can review to ensure the plans
were installed in accordance with the original design.
• Upon substantial completion of all required improvements, the applicant
shall notify the County Zoning Administrator of the completion of the
improvements in writing. The County Zoning Administrator, in
consultation with appropriate experts, shall inspect the improvements.
• The County may retain a portion of 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 exceed 15% of the cost of
the improvement (erosion control and grading activities).
4. Prior to beginning any work, the applicant must schedule an on -site pre -
construction meeting that includes the landowner, contractor, engineer, architect,
and St. Croix County Zoning and LWCD staff members. Items to be discussed
include but are not limited to coordinating installation of BMP's, construction
timelines, roles and responsibilities of owner, engineer, architect, contractor, etc.
5. The applicant shall provide the Zoning Office with the name and phone number
of the person responsible for installing and maintaining the erosion control plan.
6. Any minor change or addition to the project, including but not limited to design of
the project, shall require review and approval by the Zoning Administrator 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 exception approval process.
7. The applicant shall have one (1) year from the issuance of the special exception
permit to commence construction. Failure to do so shall result in revocation of
the special exception permit. If the special exception permit expires before
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construction commences, the applicant will be required to secure a new special
exception permit before starting or completing construction on the project.
8. 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.
9. 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: Golz; yes Marzolf, yes; Krueger, yes; Peterson,
yes; Chairperson Speer, yes. Motion carried.
Article #4: Blake and Doris Mintz
Motion by Krueger, seconded by Peterson to table the applicant's request for a special
exception permit for disturbance of slopes greater than 20% and for a variance to grade on
slopes in excess of 12% in the St. Croix Riverway District based on the following findings:
1. The Board of Adjustment requests that a wetland delineation of the site be
completed to ensure a wetland was not filled in during construction of the
driveway. The report should be submitted for review by the Zoning Department
and the Land and Water Conservation Department.
The following vote was taken to table: Marzolf, yes Golz, yes; Krueger, yes; Peterson,
yes; Chairperson Speer, yes. Motion carried.
Article #5: Lowell and Virginia Rivard Family Trust/ The Kraemer Co., LLC
Note: Stan Krueger recused himself from this article due to a conflict of interest.
Motion by Golz, seconded by Speer to approve the request for a special exception use
permit to locate a temporary ready -mix plant in the Ag/Residential District, 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 17.15(6)(v) of the St. Croix County Zoning
Ordinance.
2. The Town of Somerset has recommended approval of the request.
3. The Board believes that the issues raised by the National Park Service have been
addressed.
4. The ready -mix plant is temporary in nature.
5. The Department of Natural Resources has no objection to the request.
6. The Board finds that by granting this request, it will serve a public need, as the
plant will be primarily used for road projects in St. Croix County.
7. The plant is being located in an existing, operating quarry that has historically been
very well run. By locating the operation in this quarry, it will minimize truck traffic
in the area.
8. The Board finds that the request is not contrary to the public interest.
9. The Board finds that the spirit and intent of the ordinance would be met by granting
this request.
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With the following conditions:
1. This approval allows the Kraemer Company to locate a temporary ready -mix
plant and related equipment and aggregate resources on the Rivard property for up
to two years from the date of the decision (April 2005). This approval allows the
Kraemer Company to sell ready -mix concrete aggregates to Hoffman
Construction Company to be utilized in the construction STH 64.
2. All petroleum products kept onsite and related to the ready mix plant operations
shall be stored in State approved fuel storage containers.
3. Absorbent pads, design to accept petroleum products, must be located at the
refueling site.
4. The applicant shall provide the Zoning Office with the name and phone number
of the person responsible for installing and maintaining the erosion control plan.
S. The applicant is responsible for the dust abatement.
6. The plant operations shall be conducted during the daylight hours.
7. The property shall be kept in a neat and orderly manner.
8. This approval does not include storage of hazardous materials onsite.
9. 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.
10. 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.
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. 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: Marzolf; no; Golz, yes; Peterson, yes;
Chairperson Speer, yes. Motion carried.
Respectfully submitted:
Ric and Peterson, Secretary Debbie Zimme a , Recording Secretary
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