HomeMy WebLinkAboutBoard of Adjustment 04-22-04 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, April 22, 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 on alternates for 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: April 13, 2004
COPIES TO: County Board Office County Clerk
Committee Members News Media/Notice Board
* CANCELLATIONS /CHANGES /ADDITIONS
AMENDED
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, April 22, 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 commercial business pursuant to Section 17.18(1)(a).
Request is to allow the expansion of a commercial use. Phase 1 of the expansion
would be for a 275,000 bushel grain storage bin. Phase 2 would include another
equally sized bin and associated equipment.
APPELLANT: Agriliance, owner/ Goldstar Cooperative, agent
LOCATION: The NW '/4 of the SW 1 /4, Section 32, T31N -R16W, Town of Cylon
ADDRESS: 2116 County Road S, New Richmond, WI
2. ARTICLE: Special Exception request for a permit to construct a multi family
dwelling in the Ag/Residential District pursuant to Section
17.15(6)(a). Request is to construct one two - family structure on lots 12 -16 located in the
Whitetail Meadows Subdivision
APPELLANT: Dal Stock, Inc., owner/ JEO Consulting, agent
LOCATION: The SWl /4 of the NW' /4,Section 23,T30N- R18W,Town of Richmond
ADDRESS: Lots 12 -16, Whitetail Meadows, 146 Avenue, New Richmond, WI
3. ARTICLE: Iteml : Special Exception request for a non - metallic mining operation
pursuant to Section 17.15(6)(g) of the St. Croix County Zoning
Ordinance and Chapter 14 Non - metallic Mining Ordinance
Item 2: Variance request to the 100 -foot setback pursuant to Section
226(89)F.3. The request is for a variance from the 100 -foot setback requirement to allow
the applicant to mine within the 100 -foot property line setback.
Item 3: Variance request to mine within the road right -of -way of State Highway 64.
APPELLANT: P &P Properties, owner and Wisconsin Dept. of Transportation,
owner of State Highway 64 road right -of way/
The Kraemer Co., LLC, agent.
LOCATION: The NW 1 /4 of the NW 1 /4, Section 2, and the NE 1 /a of the NE 1 /4,
Section 3, all in T30N -R19W, Town of Somerset.
ADDRESS: Off of State Highway 64, Somerset, Wisconsin
4. ARTICLE: Item #1 and #2 of this Article have been CANCELED
Item 1: Special Exception request for a major home occupation in the Ag/Residential
District pursuant to Section 17.15(6)(s) subject to the provisions of 17.155(6). Request is
to operate River Bend Framing & Fine Art, LLC, in an accessory structure on the
property.
Item 2: Special Exception request for an off - premise sign pursuant to Section 17.65(3).
The request is for a sign to be located at the corner of County Road C and 100' Street
APPELLANT: Wendy DeGear, owner
LOCATION: The SE 1 /4 of the SE 1 /4, Section 20, T3 IN-RI 8W, Town of Star
Prairie
ADDRESS: 2008 100' Street, Somerset, WI 54025
5. ARTICLE: Variance request to the 200 -foot driveway separation standards pursuant to Section
17.64(5)(a)3.
APPELLANT: Lee Bjorgan
LOCATION: The SE' /4 of the NW' /4, Section 12, T30N -R19W, Town of Somerset
ADDRESS: 1680 85"' Street, New Richmond, WI 54017
6. ARTICLE: Special Exception permit request for a telecommunications tower pursuant to Chapter
17.85(2)(b)2. Request is to locate a 195 -foot monopole telecommunications tower in the
Ag/Residential District.
APPELLANT: Gary M. and Arleen L. Halleen, owners/ Selective Site Consultants, Inc., agent for
Halleens and Voice Stream Minneapolis Inc., d/b /a T- Mobile
LOCATION: The W %2 of the SW 1 /4, Section 18, T31N -R16W, Town of Cylon
ADDRESS: Off of 200 Street
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
April 22, 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, 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, noting that Article
#4 has been canceled. Motion carried.
The Board set the next meeting date as May 27, 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 Golz, seconded by Krueger to adopt the minutes from the March 25, 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:
AMENDED
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday,
April 22, 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 commercial business pursuant to
Section 17.18(1)(a). Request is to allow the expansion of a
commercial use. Phase 1 of the expansion would be for a 275,000 -
bushel grain storage bin. Phase 2 would include another equally
sized bin and associated equipment.
APPELLANT: Agriliance, owner/ Goldstar Cooperative, agent
LOCATION: The NW '/4 of the SW ' / 4, Section 32, T31N -R16W, Town of Cylon
ADDRESS: 2116 County Road S, New Richmond, WI
2. ARTICLE: Special Exception request for a permit to construct a multi family
dwelling in the Ag/Residential District pursuant to Section
17.15(6)(a). Request is to construct one two - family structure on lots
12 -16 located in the Whitetail Meadows Subdivision
APPELLANT: Dal Stock, Inc., owner/ JEO Consulting, agent
LOCATION: The SWl /4 of the NW' /4,Section 23,T30N- R18W,Town of Richmond
ADDRESS: Lots 12 -16, Whitetail Meadows, 146 Avenue, New Richmond, WI
3. ARTICLE: Item I: Special Exception request for a non - metallic mining operation
pursuant to Section 17.15(6)(g) of the St. Croix County Zoning
Ordinance and Chapter 14 Non - metallic Mining Ordinance
Item 2: Variance request to the 100 -foot setback pursuant to Section
226(89)F.3. The request is for a variance from the 100 -foot setback
requirement to allow the applicant to mine within the 100 -foot
property line setback.
Item 3: Variance request to mine within the road right -of -way of
State Highway 64.
APPELLANT: P &P Properties, owner and Wisconsin Dept. of Transportation,
owner of State Highway 64 road right -of way/
The Kraemer Co., LLC, agent.
LOCATION: The NW' /4 of the NW 1 /4, Section 2, and the NE' /4 of the NE 1 /4,
Section 3, all in T30N -R19W, Town of Somerset.
ADDRESS: Off of State Highway 64, Somerset, Wisconsin
4. ARTICLE: Item #1 and #2 of this Article have been CANCELED
Item 1: Special Exception request for a major home occupation in
the Ag/Residential District pursuant to Section 17.15(6)(s) subject to
the provisions of 17.155(6). Request is to operate River Bend
Framing & Fine Art, LLC, in an accessory structure on the property.
Item 2: Special Exception request for an off - premise sign pursuant
to Section 17.65(3). The request is for a sign to be located at the
corner of County Road C and 100 Street
APPELLANT: Wendy DeGear, owner
LOCATION: The SE %4 of the SE 1 /4, Section 20, T31N -R18W, Town of Star
Prairie
ADDRESS: 2008 100 Street, Somerset, WI 54025
5. ARTICLE: Variance request to the 200 -foot driveway separation standards
pursuant to Section 17.64(5)(a)3.
APPELLANT: Lee Bjorgan
LOCATION: The SE /4 of the NW /4, Section 12, T30N -R19W, Town of Somerset
ADDRESS: 1680 85 Street, New Richmond, WI 54017
6. ARTICLE: Special Exception permit request for a telecommunications tower
pursuant to Chapter 17.85(2)(b)2. Request is to locate a 195 -foot
monopole telecommunications tower in the Ag/Residential District.
APPELLANT: Gary M. and Arleen L. Halleen, owners/ Selective Site Consultants,
Inc., agent for Halleens and Voice Stream Minneapolis Inc., d/b /a T-
Mobile
LOCATION: The W 1 /2 of the SW 1 /4, Section 18, T3 IN-RI 6W, Town of Cylon
ADDRESS: Off of 200 Street
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
2
The hearing was opened at 8:30 a.m. and recessed from 11:40 a.m. to 2:35 p.m to view
the sites. 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: Agriliance/ Goldstar Cooperative
Motion by Peterson, seconded by Krueger to approve the request for a special exception
use permit to expand and existing commercial use, 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 Cylon has recommended approval of the request.
3. The Land and Water Conservation Department has approved of the request.
4. The Highway Department and the DOT have approved of the request, with
suggested recommendations.
5. The Board finds that this business is a benefit to area grain farmers.
6. The request is for the expansion of an existing commercial business in the
commercial district.
7. The plans for the project have been designed by a professional engineer.
S. There was no opposition to the request.
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. Before this permit is valid the applicant shall submit the following to the
Zoning Office for review and approval.
a. A parking plan. The plan shall provide at least one parking space for
each 2 employees on the premises at any one time, plus at least one
additional space for each vehicle operated in connection with such use for
which parking on the premises is required.
b. The applicant shall address the LWCD concerns listed in an email dated
April 17, 2004.
2. This permit allows Agriliance (Goldstar Cooperative) to construct a 275,000 -
bushel bin, receiving pit, leg and rail load out of phase one of the project, phase
two another 275,000- bushel bin, grain dryer and wet holding bin in Phase II, and
to construct the storm water retention basin.
3. The applicant shall work with the Wisconsin Department of Transportation and
the St. Croix County Highway Department on suggested recommendations per
letters dated March 9 1h and March 3 respectively (attached).
4. 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 may 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
i
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 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).
5. The applicant must record a storm water management plan and a drainage
easement for the permanent storm water control structures against the deed for the
property. The applicant is responsible to provide a recorded copy to the Zoning
Office within 60 days of the completion of the project. The intent is to make the
current and future owners aware 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 the plan. Permanent vegetation shall remain below
overflow weir of the retention pond.
6. 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/or 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.
7. 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.
8. The applicant must secure a township building permit before commencing
construction.
9. Applicant to maintain proper state licensing to operate the business.
10. The property shall be kept in a neat and orderly manner.
11. The applicant shall provide a hard surface (asphalt/concrete) on all interior
driving areas within one year of the completion of such buildings (Grain storage
facility).
12. The cumulative onsite signage advertising the business shall not to 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 Sign
Ordinance.
13. All utilities, including electric, cable television, telephone, gas, water, storm and
sanitary sewers, except electric power lines exceeding 1200 volts, shall be
underground [sec. 17.18 (1)(f) 4.]
14. Security lighting to be installed. Lighting must be illuminated downward and is
to be shielded away from neighboring properties. (A light plan may be required,
if warranted).
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.
4
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. 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: Peterson, yes; Marzolf, yes; Krueger, yes; Golz,
yes; Chairperson Speer, yes. Motion carried.
Article #2: Dal Stock, Inc.
Motion by Krueger, seconded by Marzolf to approve the applicant's request for a special
exception permit for a two family dwelling 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)(a) of the St. Croix County Zoning
Ordinance.
2. The Town of Richmond has recommended approval of the request.
3. There was no opposition to 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 with
recommendations stated in the conditions.
6. The Board finds that the location chosen in the subdivision is an appropriate place
7. for proposed twin homes to be constructed.
8. The Board finds that the twin homes will provide affordable housing to the
residents of St. Croix County.
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. This permit allows the applicant to construct one twinhome (two family dwelling)
on lots 12 -16 of the Whitetail Meadows Subdivision. For any other use, the
dwelling would have to fully comply with the provisions of the St. Croix County
Land Use Regulations.
2. The applicant shall demonstrate to the Zoning Office that each lot has an area
sufficient to accommodate for the Private Onsite Wastewater Treatment Systems
(POWTS) serving the structures before this permit is valid.
3. Applicant shall secure a sanitary permit for each structure from the Zoning Office
and a building permit prior to commencing construction.
5
4. The best management practices (silt fence) must be installed before commencing
grading activity (site preparation) for the project per recommendation from the
Land and Water Conservation Department,
5. In an e -mail dated April 5, 2004 from Pete Kling, the LWCD has reviewed and
approved the request with three comments. The applicant shall comply with the
following recommendations made by the Land and Water Conservation
Department: 1) Constructing the driveways all the way to the building pad would
be ideal and provide an even better construction entrance for the twinhome
construction; 2)Require twinhome construction to adhere to the Uniform
Dwelling Code erosion control procedures identified in Comm.. 21.125; 3)
Additional erosion control maintenance. In addition to the silt fence around the
existing wetland, require twinhome builder to accept the responsibility of
maintaining and repairing existing erosion control practices (erosion mat and
temporary ditch checks) in the west road ditch from station 2 +00 to 11 +00.
6. Applicant to maintain at least 1 %Z off street parking spaces for each family for
which accommodations are provided in the building plus one more space per
building per section 17.57 (2).
7. The property shall be kept in a neat and orderly manner. All outside storage of
garbage containers shall be screened and protected from rodents. No junk, junk
cars or garbage shall 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.
8. All driving and parking areas must be provided with a dust free surface
(asphalt /concrete /road millings, etc...). The applicant must submit a paving plan
to the Zoning Office prior to commencing this project.
9. Any proposed lighting is to be directed away from neighboring properties.
10. The Zoning office is to be notified at the start and the finish of the project.
11. The applicant must allow free and unlimited access to the project site at any
reasonable time to any Zoning Office employee to inspect the property for
compliance with these conditions.
12. 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.
13. The applicant shall have one (1) year from the issuance of the special exception
permit to commence the construction. 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.
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.
6
Article #3: P &P Properties of Somerset, Inc./ The Kraemer Co.
Special Exception Request: Motion by Golz, seconded by Peterson to approve the
applicant's request for a special exception permit for a five -year permit to operate a sand and
gravel pit in the Ag/Residential District 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 17.15(6)(g) of the St. Croix County
Nonmetallic Mining Ordinance.
2. The Town of Somerset has recommended approval of the request.
3. The Board finds that the request meets the needs and demands of the residents of
St. Croix County. This operation will assist in the development of highway
improvements in the County.
4. The plans for the project have been designed by a professional engineer.
5. The Land and Water Conservation Department has approved of the request.
6. The traffic and safety concerns have been addressed.
7. The Board finds that the Kraemer Company has operated other nonmetallic mining
operations in the County and has a good record with these operations.
8. There was no opposition to the request.
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. All best management practices as approved shall be installed prior to commencing
site preparation.
2. The applicant must notify the Zoning Office five days prior to commencing site
preparation.
3. The mining project may proceed according to plans presented. Any expansion
beyond this legal boundary shall require a new special exception permit.
4. This permit is valid for a period of 5 years and expires May 2009. Applicant must
either fully reclaim the site in this time frame or reapply for a new operational
plan permit. The applicant is to contact the Zoning Office six (6) months prior to
expiration date, so that reclamation or permit renewal is complete by the
expiration date.
5. Operator /applicant shall comply with all of the general requirements and
conditions listed in the non - metallic mining & reclamation ordinance (Chapter 14
— Nonmetallic Mining Ordinance (unless varied per conditions).
6. The applicant must file with the Zoning Office a financial assurance in the
amount of $46,500.00.
7. The boundary of the site shall be staked in accordance with section 14.2 A. 10.
8. All petroleum products kept onsite and related to the sand and gravel operation
shall be stored in State approved fuel storage containers.
9. Absorbent pads, design to accept petroleum products, must be located at the
refueling site.
10. Applicant is responsible for dust abatement during the duration of the permit.
11. Hours of operation shall not exceed 6:00 a.m. —10:00 p.m., Monday — Saturday.
The applicant may submit a written request for (occasional /limited) extended
hours to the Zoning Administrator for review and approval.
7
12. The applicant must obtain any permits necessary from the DOT for temporary
haul road access off of Highway 64.
13. Permit includes temporary placement of equipment necessary to conduct the
mining operation.
14. The operator shall provide maintain the onsite sanitary satellite for the onsite
employees. The sanitary satellites shall be serviced and cleaned by a licensed
septage hauler. The applicant shall forward the pumping service agreement to the
Zoning Office.
15. Site reclamation will proceed according to the plan.
16. Mining is not allowed within the Shoreland area of the Apple River.
17. The application shall adhere to all regulations relating to State and Federal rules
during the life of the operation.
18. Any change (or addition) in use, or expansion of the non - metallic mining 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.
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 be
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 owner(s) are
ultimately responsible for compliance with the conditions of this approval.
The following vote was taken to approve: Golz; yes Marzolf, yes; Krueger, yes; Peterson,
yes; Chairperson Speer, yes. Motion carried.
Variance Request: Motion by Krueger, seconded by Golz to approve the applicant's request
for a variance to mine through the 100 -foot property line setback and a variance to mine
through the road right -of -way of State Highway 64 and has been approved based on the
following findings:
1. The Board finds that by granting this variance, the use does not change the character
of the neighborhood. The gravel pit is already in existence.
2. The Board finds that not granting the variance would cause an unnecessary
hardship. The request is reasonable and by granting this variance it would allow
the applicant to extract the most gravel out of the site as is possible for the
upcoming DOT projects.
3. The surrounding property is owned by the Plourdes, and no other property owners
will be affected by granting the variance.
4. The Board finds that by granting the variance, the spirit and intent of the
ordinance will be met and substantial justice done.
The following vote was taken to approve: Marzolf, yes; Krueger, yes; Peterson, yes; Golz,
yes; Chairperson Speer, yes. Motion carried.
Article #4: Wendy DeGear — Canceled
8
Article #5: Lee Biman
Motion by Golz, seconded by Krueger to deny the applicant's request for a 149 -foot
variance from the 200 -foot driveway separation distance to allow a driveway to remain in its
current location based on the following findings:
1. In a letter dated April 9, 2004, the Town of Somerset recommended denial of the
request based on the fact that the joint driveway was clearly marked on the plat map
and was installed in a different location.
2. The Board concurs with the Town and also finds that the plat map did clearly show
the joint driveway location on the map.
3. The builder made an error in placement of the driveway on the lot.
4. The Board finds that there is no hardship proven by the applicant in this matter.
There is another place on the lot where the driveway can be located that would be
the appropriate distance from the neighboring driveway.
5. The Board finds that by granting the variance the spirit and intent of the ordinance
would not be met.
The following vote was taken to deny: Marzolf; no; Golz, yes; Krueger, yes; Peterson,
yes; Chairperson Speer, no. Motion carried on a 3 -2 vote.
Article #6: Gary and Arleen Halleen/ Selective Site Consultants/ VoiceStream
Minneapolis, Inc.
Motion by Speer, seconded by Golz to approve the request for a special exception use
permit to locate a 195 -foot monopole telecommunications tower 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 17.85(2)(b)2 of the St. Croix County Tower
Ordinance. This request is allowed in the Ag/Residential District with a special
exception permit.
2. The Board finds that by granting this request, it will serve a public need. The
applicant demonstrated the need for the tower to be located in this part of St. Croix
County to cover a gap in service to the public.
3. The Board believes that concerns raised by property owners have been adequately
addressed.
4. The Board finds that the tower has been designed by professional engineers and the
request complies with the county ordinance requirements.
5. Jeff Nelson, tower consultant for the County, has reviewed the application and has
recommended that the tower be approved in this area to improve wireless service to
that company's customer base.
6. The Board finds that the location set aside for the placement of the tower on the site
allows for the owner to make the most use of the land for continued farming on the
property.
7. The proposed tower will provide for co- location for other tower companies.
8. The color of the tower will minimize the visual impact.
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.
9
With the following conditions:
1. A building permit must be obtained from the Town of Cylon prior to construction.
2. Tower to be constructed according to the plans submitted. Applicant to follow all
written stipulations noted in their application.
3. The Zoning Office is to be notified at the start and the finish of the project.
4. Project to meet all requirements of the Wireless Communications Facilities
Ordinance 17.80 (attached).
5. All FAA and FCC approvals/ permits are to be obtained and a copy of these
permits submitted to the zoning office, including all renewals.
6. Applicant to agree to allow collocation of 2 competitors on tower at market rate
consistent with 17.86 (3).
7. The color of the tower is to be light blue. (17.86 (6)).
S. The tower must be removed, and site restored within 12 months of cessation of
operation or use (consistent with 17.83 (6)). If removal and/or restoration is not
completed, the County is authorized to complete the removal and site restoration and
charge the cost to the performance bond.
9. Applicant to submit a detailed screening plan consistent with 17.86 (4), of the
Wireless Communication Facilities Ordinance, to the Zoning Office for review
and approval. The applicant is to landscape with a double row of 6 to 8 foot pine
trees on all sides of the base of the tower. A financial guarantee of 120% of the
estimated cost of the landscaping project is to be submitted to the zoning office
prior to the beginning of the project.
10. Applicant is to submit a revised Affidavit stating the correct number of antennas
to be mounted on the tower as nine, per testimony of Roger Herlihy.
11. The applicant shall submit all revisions to the plan as stated in Jeff Nelson's letter
dated April 20, 2004, and attached to this decision as "Exhibit 5 ".
12. Applicant to submit proof, with scaled site plan and setback distances noted that
they comply with Setbacks and Separation requirements noted in 17.86 (2).
Towers must be setback the tower height from property lines unless an
engineering report is submitted stating that the tower is designed to collapsed
upon failure within the distance from the tower to the property line.
13. 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.
14. Failure to comply with the above conditions shall result in revocation of the
Special Exception Permit.
15. The applicant shall have one (1) year from the issuance of the Special Exception
permit to finish the project. Failure to start the project in this timeframe shall
result in the expiration of this Special Exception permit. If the Special Exception
permit expires, the applicant will be required to secure a new Special Exception
permit before starting or completing construction on the project.
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.
10
The following vote was taken to approve: Marzolf; yes; Golz, yes; Peterson, yes; Krueger,
yes; Chairperson Speer, yes. Motion carried.
Respectfully submitted:
v
I/ ZI%j
Richard Peterson, Secretary Debbie Zimmerm , R cording Secretary
11