HomeMy WebLinkAboutBoard of Adjustment 05-27-04 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, May 27, 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: Wildwood View/ Spring Valley Mini Storage — tabled on October 23, 2003
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: May 19, 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, May 27, 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: 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
Item 3: Variance request to the 500 -foot setback requirement for a major home
occupation pursuant to Section 17.155(6)(d)2. Request is for an 80 -foot variance to
the neighboring property owners home.
APPELLANT: Wendy DeGear, owner
LOCATION: The SE %4 of the SE 1 /4, Section 20, T3 IN-RI 8W, Town of Star
Prairie
ADDRESS: 2008 100 Street, Somerset, WI 54025
2. ARTICLE: Special Exception permit request to allow filling and grading on slopes in excess of
20% in the Ag/Residential District and the Shoreland District pursuant to Section
17.15(6)(t) and Section 17.29(2)(c)l. The applicant is requesting to establish a
residential building site on this property.
APPELLANT: Daniel J. Casey, owner/ Daniel J. Fedderly, applicant
LOCATION: The NE /4 of the SW /4, Section 2, T3 IN-RI 8W, Town of Star
Prairie
ADDRESS: County Road H, Star Prairie, WI
3. ARTICLE: Special Exception permit request to expand an existing mini- storage facility in the
Commercial District pursuant to Section 17.18(1)(a). Request is to construct two
additional mini- storage facilities.
APPELLANT: SAL Properties, owner
LOCATION: The SW 1 /4 of the NW 1 /4 and the SE 1 /4 of the NW 1 /4, all in Section 21, T31N -R18W,
Town of Star Prairie
ADDRESS: 2052 County Road C, Somerset, WI 54025
4. ARTICLE: Variance request to the ordinary high water mark setback requirements of the St. Croix
Riverway District pursuant to Section 17.36(5)( c) 1. Request is for a 104 -foot
variance
from the 200 -foot setback requirements of the OHWM of the St. Croix River to
construct a garage onto the existing non - conforming dwelling.
APELLANT: Keith and Sandra Kettering
LOCATION: The E 1 /2 of the SE 1 /4 of Section 23, T28N -R20W, Town of Troy
ADDRESS: 153 Glenmont Road, River Falls, WI
5. ARTICLE: Special Exception request for a permit for filling and grading in the
St. Croix Riverway District pursuant to Section 17.36(6)(a)3.
Request is for a permit to improve an existing boat launch.
APPELLANT: Town of Troy, owner
LOCATION: SE 1 /4 of the SW 1 /4, Section 13, T28N -R20W, Town of Troy
ADDRESS: South Cove Boat Landing, Town of Troy
6. ARTICLE: Special Exception request for a permit to construct a church in the
Ag/Residential District pursuant to Section 17.15(6)(u) of the St.
Croix County Zoning. The permit would be to locate a church,
parking lot, and improvements on the site for Teens for Christ.
APPELLANT: Todd Bjerstedt, owner
LOCATION: The NE' /4 of the S '/4, Section 4, T28N -R19W, Town of Troy
ADDRESS: Tower Road, Hwy 35, Hudson, WI
7. ARTICLE: Special Exception permit request to expand an existing commercial business, known as
Kuryakyn Holdings, Inc. in the Commercial District pursuant to Section 17.18(1)(a).
Request is to construct a warehouse addition to the existing building.
APPELLANT: Kuryakyn Holdings, Inc., owner / Architectural Design Group, Inc. /Agent
LOCATION: The SE %4 of the NW '/4, Section 5, T30N -R19W, Town of Somerset
ADDRESS: 454 Highway, Somerset, WI 54025
8. ARTICLE: Special Exception permit request for renewal of a non - metallic mining permit pursuant
to Chapter 14.3(A)(6). Request is to allow Milestone Materials to continue operation of
an existing non - metallic mining operation in the Ag/Residential District.
APPELLANT: Melvin and Laura Simonson, owners/ Milestone Materials, agent
LOCATION: The E%2 of the SW '/4, Section 33, T31N -R15W, Town of Forest
ADDRESS: Off of County Road S, Glenwood City, WI 54013
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
May 27, 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, Sue Nelson, Linda Luckey 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 Golz, seconded by Krueger to adopt the agenda. Motion carried.
The Board set the next meeting date as June 24, 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 April 22, 2004
hearing, with one minor change. 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,
May 27, 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: 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
Item 3: Variance request to the 500 -foot setback requirement for a
major home occupation pursuant to Section 17.155(6)(d)2.
Request is for an 80 -foot variance to the neighboring property
owners home.
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
2. ARTICLE: Special Exception permit request to allow filling and grading on
slopes in excess of 20% in the Ag/Residential District and the
Shoreland District pursuant to Section 17.15(6)(t) and Section
17.29(2)(c)l. The applicant is requesting to establish a residential
building site on this property.
APPELLANT: Daniel J. Casey, owner/ Daniel J. Fedderly, applicant
LOCATION: The NEl /4 of the SW' /4, Section 2, T31N -R18W, Town of Star
Prairie
ADDRESS: County Road H, Star Prairie, WI
3. ARTICLE: Special Exception permit request to expand an existing mini - storage
facility in the Commercial District pursuant to Section 17.18(1)(a).
Request is to construct two additional mini- storage facilities.
APPELLANT: SAL Properties, owner
LOCATION: The SW 1 /4 of the NW 1 /4 and the SE 1 /4 of the NW '/4, all in Section
21, T31N -R18W, Town of Star Prairie
ADDRESS: 2052 County Road C, Somerset, WI 54025
4. ARTICLE: Variance request to the ordinary high water mark setback
requirements of the St. Croix Riverway District pursuant to
Section 17.36(5)( c)1. Request is for a 104 -foot variance
from the 200 -foot setback requirements of the OHWM of the St.
Croix River to construct a garage onto the existing non - conforming
dwelling.
APELLANT: Keith and Sandra Kettering
LOCATION: The E 1 /2 of the SE 1 /4 of Section 23, T28N -R20W, Town of Troy
ADDRESS: 153 Glenmont Road, River Falls, WI
5. ARTICLE: Special Exception request for a permit for filling and grading in the
St. Croix Riverway District pursuant to Section 17.36(6)(a)3.
Request is for a permit to improve an existing boat launch.
APPELLANT: Town of Troy, owner
LOCATION: SE 1 /4 of the SW 1 /4, Section 13, T28N -R20W, Town of Troy
ADDRESS: South Cove Boat Landing, Town of Troy
6. ARTICLE: Special Exception request for a permit to construct a church in the
Ag/Residential District pursuant to Section 17.15(6)(u) of the St.
Croix County Zoning. The permit would be to locate a church,
parking lot, and improvements on the site for Teens for Christ.
APPELLANT: Todd Bjerstedt, owner
LOCATION: The NE' /4 of the S 1 /4, Section 4, T28N -R19W, Town of Troy
ADDRESS: Tower Road, Hwy 35, Hudson, WI
7. ARTICLE: Special Exception permit request to expand an existing commercial
business, known as Kuryakyn Holdings, Inc. in the Commercial
District pursuant to Section 17.18(1)(a). Request is to construct a
warehouse addition to the existing building.
APPELLANT: Kuryakyn Holdings, Inc., owner / Architectural Design Group,
Inc. /Agent
LOCATION: The SE 1 /4 of the NW 1 /4, Section 5, T30N -R19W, Town of Somerset
ADDRESS: 454 Highway, Somerset, WI 54025
8. ARTICLE: Special Exception permit request for renewal of a non- metallic
mining permit pursuant to Chapter 14.3(A)(6). Request is to allow
Milestone Materials to continue operation of an existing non-
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metallic mining operation in the Ag/Residential District.
APPELLANT: Melvin and Laura Simonson, owners/ Milestone Materials, agent
LOCATION: The E' /2 of the SW 1 /4, Section 33, T31N -R15W, Town of Forest
ADDRESS: Off of County Road S, Glenwood City, WI 54013
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 from 12:55 p.m. to 5:30 p.m to view
the sites. The Board reconvened on Friday, May 28 at 8:35 a.m. 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: Wildwood View, Inc./ Spring Valley Mini Storage
Motion by Golz, seconded by Krueger to approve the request for a special exception use
permit to expand an existing commercial use for two additional mini storage units 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)(e) of the St. Croix County Zoning
Ordinance.
2. The Board tabled the request at a hearing on October 23, 2003. The Board finds
that the applicant has addressed and met all of the concerns of the Board that were
outlined at the original hearing in October of 2003.
3. The Town of Eau Galle has recommended approval of the request.
4. The stormwater plans for the project have been designed by a professional engineer.
5. The request is for the expansion of an existing commercial business in the
commercial district.
6. There was no opposition to the request.
7. The Board finds that the request is not contrary to the public interest.
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 special exception permit is an after - the -fact approval for the expansion of the
mini - storage commercial use on this property, which occurred in 2001.
2. 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, lighting, landscaping, paving 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
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• 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).
3. 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 final grading. 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.
4. Prior to beginning the work on the storm water containment and drainage
channels, 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.
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. Outdoor storage is not permitted.
7. Renting moving vans or trucks from the site is not permitted.
8. No retailing or operating a business from a storage unit is allowed onsite.
9. The applicant shall provide a hard surface (asphalt/concrete) on all interior
driving areas within six months of this approval.
10. 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.]
11. The property shall be kept in a neat and orderly manner.
12. The applicant shall provide screening on the SE corner of the property, outside of
the road right -of -way. The screening shall consist of two rows of evergreens
(five total), 4 to 6 foot in height, 15 foot on center.
13. 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 Signage
Ordinance.
14. This approval does not include storage of hazardous materials onsite.
15. 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)
16. 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
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some circumstances through the Special Exception approval process, where
applicable, as stated in the ordinance.
17. The applicant shall have one (1) year from the issuance of the special exception
permit to commence the construction activities. Failure to do so shall result in
revocation of the special exception permit. If the special exception permit expires
before construction commences, the applicant will be required to secure a new
special exception permit before starting or completing the project.
18. 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.
19. 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; Krueger, yes; Golz,
yes; Chairperson Speer, yes. Motion carried.
Article #1: Wendy DeGear
Motion by Nelson, seconded by Krueger to approve the applicant's request for an 80 -foot
variance to the 500 -foot setback requirements from a residence for a major home
occupation 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
variance pursuant to Section 17.55(6)d of the St. Croix County Zoning Ordinance.
2. The Town of Star Prairie had no objections to the business being located on the
property.
3. The variance being requested is minimal. There will still be 420 -feet between the
building and the neighboring residence.
4. The building being used for the home occupation is an existing building, and
small in size (900 square feet).
5. There was no opposition to the request
6. There will be very minimal traffic associated with this business, and adequate
parking is being provided.
7. The Board finds that not granting the variance would cause an unnecessary
hardship. The request is reasonable and granting this variance will not cause any
negative impact on the neighboring property owners.
8. The Board finds that by granting the variance, the spirit and intent of the
ordinance will be met.
The following vote was taken to approve: Golz, yes; Luckey, yes; Krueger, yes; Nelson,
yes; Chairperson Speer, yes. Motion carried.
Motion by Nelson, seconded by Krueger to approve the special exception request for a
major home occupation in the Ag /Residential District and for a 24 -foot off - premise sign
stating directions to the property, based on the following findings:
1. The Board of Adjustment finds that the requirements have been met to grant the
special exception request for a home occupation pursuant to Section 17.15(6)s and
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17.155, and the for special exception request for an off - premise sign pursuant to
Section 17.65(3) of the St. Croix County Zoning Ordinance.
2. The Town of Star Prairie had no objections to the request.
3. There were no objections to the request, and the applicant had signed statements
from adjoining property owners stating they had no objections.
4. The Board finds that both requests are reasonable and will not cause any negative
impact on the neighboring property owners.
5. The Board finds that by granting the requests, the spirit and intent of the
ordinance will be met.
The following vote was taken to approve: Golz, yes; Luckey, yes; Krueger, yes; Nelson,
yes; Chairperson Speer, yes. Motion carried.
Article #2: Daniel I Casey
Motion by Golz, seconded by Speer to table the request for a special exception permit to
grade on slopes 20% and greater based on the following findings:
1. Provide detailed information as identified in the email dated May 21, 2004 from
the Land and Water Conservation Department (LWCD) and Department of
Agricultural, Trade and Consumer Protection Agency (DATCP). The Board
requests that the proposal comply with the concerns raised by the LWCD and
DATCP.
2. Submit a detailed site plan of the parcel showing the following existing
conditions: contours, soil types, Cedar Lake Ordinary high water mark, vegetative
cover (include a tree inventory with species type and diameter at breast height),
location of existing buildings, parking areas, access driveways, walkways, piers,
and open spaces.
3. Submit a detailed plan of the parcel showing the following proposed site
conditions: final contours, the location of the proposed building (residence),
private onsite wastewater treatment system (POWTS) location and water supply
system.
4. Submit the building plans for the residence.
5. Submit a detailed re- vegetation plan with an operation and maintenance plan.
6. Specifications for areas of proposed topsoil stockpiling including how it will be
accomplished while minimizing tree removal.
7. On a scaled map, show all driveways which access on to County Road H within
300 feet of the applicant's proposed access site (haul road).
8. Provide a copy of the driveway permit from the County Highway Department for
the applicant's access/haul road onto County Road H.
9. One access is allowed per parcel by zoning ordinance section 17.64 (5) (c) 2. The
testimony given at the hearing indicates that the property is currently served by an
easement from the adjoining property. Using the easement would minimize the
grading required to establish a reasonable building site on the property. Please
explain why the current easement is not considered as an option to access the site.
10. The testimony given at the hearing indicates that 30,000 cubic yards of materials
may be removed from the site over an unspecified time period. This means that
there is a potential for 2000, fifteen cubic yard dump trucks hauling material
from the site. Provide a dust abatement plan and indicate what safety measures
will be in place to minimize the truck traffic impacts onto County Road H.
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The following vote was taken to approve: Golz, yes; Luckey, yes; Krueger, yes; Nelson,
yes; Chairperson Speer, yes. Motion carried.
Article #3: SAL Properties
Motion by Golz, seconded by Nelson to approve the special exception request to expand
an existing mini storage facility in the Commercial 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 17.18(1)(e) of the St. Croix County Zoning
Ordinance.
2. The Town of Star Prairie has recommended approval of the request.
3. The plans for the project have been designed by a professional engineer.
4. The request is for the expansion of an existing commercial business in the
commercial district.
5. There was no opposition to the request.
6. The Board finds that the request is not contrary to the public interest.
7. 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 2 new commercial mini storage
facilities; one at 20' by 140' and one at 40' by 140' for SAL Properties at 2052
CTH C, Somerset, WI.
2. The applicant shall address the LWCD concerns before this permit is valid.
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, landscaping 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.
4. Written estimates must be submitted to the Zoning office for review and approval.
5. No construction, including earth moving, shall take place prior to approval of the
financial guarantees
6. 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.
7. 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.
8. 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).
9. 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 final grading. The intent is to
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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.
10. 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.
11. 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.
12. The applicant shall receive approval for the building plans from the Wisconsin
Department of Commerce. Applicant shall submit a copy of the state approved
building plans to the Zoning Office prior to commencing construction.
13. The applicant must secure a township building permit before commencing
construction.
14. Outdoor storage is not permitted.
15. Renting moving vans or trucks from the site is not permitted.
16. No retailing or operating a business from a storage unit is allowed onsite.
17. The applicant shall provide a hard surface (asphalt/concrete) on all interior
driving areas within six months of the completion of such buildings (Mini- storage
facility). Each building requires hard surfacing around the perimeter within 6
months of completion.
18. 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.]
19. The property shall be kept in a neat and orderly manner.
20. 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. The Board suggested a row of arborvitae trees, four -
foot on center. The staff will work with the applicant on the screening issue.
21. 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 Signage
Ordinance.
22. This approval does not include storage of hazardous materials onsite.
23. Security lighting to be installed. Lighting must be illuminated downward and is
to be shielded away from neighboring properties. (Staff shall verify light fixture
detail before the permit is valid.)
24. 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.
25. The applicant shall have one (1) year from the issuance of the special exception
permit to commence the construction activities. Failure to do so shall result in
revocation of the special exception permit. If the special exception permit expires
before construction commences, the applicant will be required to secure a new
special exception permit before starting or completing the project.
26. These conditions may be amended or additional conditions may be added if
unanticipated conditions arise, that would affect the health and/or safety of
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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.
27. 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: Luckey, yes; Krueger, yes; Nelson, yes; Golz,
yes; Chairperson Speer, yes. Motion carried.
Article #4: Keith and Sandra Kettering
Motion by Krueger, seconded by Golz to approve the 104 -foot variance request from the
200 -foot Ordinary High Water setback requirements of the St. Croix River, based on the
following findings:
1. The Board finds that the requirements have been met to grant the variance pursuant
to Section 17.36(5)(c)1 of the St. Croix County Zoning Ordinance.
2. The Department of Natural Resources has stated in a letter dated May 25, 2004, that
they have no objection to the request
3. The Town of Troy has no objection to the request.
4. The Land and Water Conservation Department has reviewed the plans and has
approved of the request.
5. The lot and the structure were in place prior to the enactment of the Lower St. Croix
Riverway Ordinance.
6. The Board finds that the hardship is unique to the property, as the topography of
the lot does not allow for the proposed garage to be placed anywhere else on the
site.
7. The Board finds that by placing the proposed addition further away from the
OHWM than the existing structure, the non - conformity will not be increased and
will be visually inconspicuous from the St. Croix River.
8. There will be minimal land disturbance for the construction of the proposed garage.
9. There was no opposition to the request.
10. The Board finds that the request is not contrary to the public interest.
11. The Board finds that the spirit and intent of the ordinance would be met by granting
this request
The following vote was taken to approve: Nelson, yes; Luckey, yes; Golz, yes; Krueger,
yes; Chairperson Speer, yes. Motion Carried.
Article #5: Town of Troy
Motion by Nelson, seconded by Krueger to approve the applicant's request for a special
exception permit for filling and grading in the St. Croix Riverway District to improve an
existing boat launch on South Cove Road based on the following findings:
1. The Board finds that the requirements have been met to grant the special exception
request pursuant to Section 17.36(6)(a)3 of the St. Croix County Zoning Ordinance.
2. The Board finds that concerns of the neighboring property owners have been
addressed with professionally designed plans.
3. All permits for the project have been obtained through the appropriate agencies.
4. The Board finds that the request is to improve an existing situation and are in the
best interest of the public. The improvements for the project include:
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• Improve the parking conditions.
• Minimize erosion by providing an asphalt surface.
• Eliminating vegetation at the intersection of East Cove Road and South
Cove Road.
• Provide a safe and usable boat launch for all people.
• Promote safe and organized traffic flow into and out of the boat launch area.
5. This project is partially being funded with a DNR grant and partially with park fees.
The Town of Troy has worked with Cedar Corporation to design a plan for the
facilities.
6. The Board finds that the spirit and intent of the ordinance would be met by granting
this request
With the following conditions:
1. This approval allows the Town of Troy to fill and grade in the Riverway District
to improve an existing boat launch off of South Cove Road.
2. The applicant shall follow the plans as approved by the St. Croix County Land
and Water Conservation Department.
3. The applicant must install the best management practices (BMP's) prior to
commencing the site preparation activities. The BMP's shall remain in place until
the site is completely established.
4. The applicant must address all of the LWCD comments identified in the letter
dated May 14, 2004 before this permit is valid.
5. The Zoning office is to be notified at the start and the finish of the project.
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 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
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: Luckey; yes; Golz, yes; Krueger, yes; Nelson,
yes; Chairperson Speer, yes. Motion carried.
Article #6: Todd Bierstedt
Motion by Luckey, seconded by Speer to approve the request for a special exception permit
to construct a church 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)(u) of the St. Croix County Zoning
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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.
3. The Board finds that the church has been designed by professional engineers and
the request complies with the county ordinance requirements.
4. There was no opposition to the request.
5. The Town of Troy has recommended approval of the request.
6. The Land and Water Conservation Department has no objections to the request.
7. The Board finds that the request is not contrary to the public interest.
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 special exception is for the construction of the church, parking lot and related
storm water management, erosion control and landscaping for the Teens for Christ
church.
2. The applicant shall address the LWCD concerns before this permit is valid.
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, landscaping 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 the entire
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. Security lighting to be installed. Lighting must be illuminated downward and is
to be shielded away from neighboring properties.
5. Before commencing site preparation and construction, the applicant must secure a
sanitary permit from the Zoning Office (state approval is required for the septic
design).
6. The applicant shall secure all necessary town approvals, including compliance
with any building code issues.
7. The applicant shall receive approval for the building plans from the Wisconsin
Department of Commerce. Applicant shall submit a copy of the state approval
letter to the Zoning Office prior to commencing construction.
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8. The applicant shall provide a hard surface (asphalt /concrete) on all interior
driving areas within six months of the completion of the church.
9. One (1) sign is allowed with total signage area not to exceed 32 square feet. This
sign must be located a minimum of 10 feet 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. The zoning staff will work with the
applicant on signage for the site.
10. Applicant to maintain at least of one parking space for each seven seats. The
church will have seating capacity for 275. By ordinance, a minimum of 39
parking spaces is required. The applicant has shown 129 parking stalls with 5
handicap parking spaces.
11. The applicant shall allow free and unlimited access to the project site at any
reasonable time to any Zoning Office employee, who is overseeing the project
construction, operation, or maintenance.
12. The Zoning Office is to be notified at the start and the finish of the project.
13. The applicant shall have one (1) year from the issuance of the Special Exception
permit to act on the Special Exception permit. Failure to commence business
operation in this period 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 commencing the business
operation.
14. Any minor changes (or additions) in expansion of the project, including the
facility plan, signage, lighting, grading, and parking, 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.
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: Golz, yes; Krueger, yes; Nelson, yes; Luckey,
yes; Chairperson Speer, yes. Motion carried.
Article #7: Kurvakyn Holdings
Motion by Krueger, seconded by Luckey to table the request to have the applicant work
with the neighboring property owner to correct the access problem to the adjoining
property. Motion failed on a 1 -4 vote. Motion by Speer, seconded by Golz to approve of
the request for a special exception permit to expand an existing business in the Commercial
District pursuant to Section 17.18(1), however, the Board is aware of an undesirable access
to the adjoining property owners and would like to see Kuryakyn work with the
homeowners to come up with a new access. The approval was 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) of the St. Croix County Zoning
Ordinance.
2. The plans for the expansion have been professionally designed.
3. The Land and Water Conservation Department has reviewed the designs and has
approved of the request asking that the two areas of concerns be addressed in the
conditions.
4. The request is for an expansion of an existing commercial business.
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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:
1. This special exception allows Kuryakyn Holdings to expand its current facility to
include a larger warehouse /office and parking lot.
2. 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, landscaping 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 the entire
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).
3. 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 final grading. 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.
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.
5. 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.
6. The applicant shall address the LWCD concerns before this permit is valid.
Those concerns are: Provide a stamped and signed copy of the as -built from the
2001 stormwater construction and the riprapped outfall must fully extend to the
bottom of the new proposed stormwater pond.
7. The applicant shall continue to comply with the terms of the previous special
exception decision dated August 1, 1995 and September 13, 2001.
8. Outdoor storage is not permitted.
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9. Any proposed lighting is to be illuminated downward to eliminate light pollution
onto neighboring properties.
10. 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.]
11. The Board should determine if additional screening is necessary.
12. The all disturbed areas shall be seeded, and mulched per approved plan by
September 15, 2004.
13. The applicant shall provide a hard surface (asphalt /concrete) on all interior
driving areas within six months of the completion of the project.
14. One (1) sign is allowed with total signage area not to exceed 100 square feet.
This sign must be located a minimum of 10 feet 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.
15. Applicant to maintain a minimum of one parking space for each two employees
and one parking space for each 200 square feet of retail ground floor area plus at
least one additional parking space for each 500 square feet of upper floor area.
16. The property shall be kept in a neat and orderly manner.
17. The applicant shall secure all necessary town approvals, including compliance
with any building code issues.
18. The applicant shall receive approval for the building plans from the Wisconsin
Department of Commerce. Applicant shall submit a copy of the state approved
building plans to the Zoning Office prior to commencing construction.
19. The applicant shall allow free and unlimited access to the project site at any
reasonable time to any Zoning Office employee who is overseeing the project
construction, operation, or maintenance.
20. The Zoning Office is to be notified at the start and the finish of the project.
21. The applicant shall have one (1) year from the issuance of the Special Exception
permit to act on the Special Exception permit. Failure to commence business
operation in this period 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 commencing the business
operation.
22. Any minor changes (or additions) in expansion of the project, including the
facility plan, signage, lighting, grading, and parking, 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.
23. 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; Golz, yes; Luckey, no; Krueger,
yes; Chairperson Speer, yes. Motion carried on a 4 -1 vote.
Article #8: Melvin Simonsin/ Milestone Materials
Motion by Krueger, seconded by Golz to approve of the request for a special exception
permit for a five -year renewal to continue operation of the Simonsin sand and gravel pit in
the Town of Forest, pursuant to the provisions set forth in Chapter 14 of the Nonmetallic
Mining Ordinance, based on the following findings:
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I . The Board of Adjustment finds that the requirements have been met to grant the
special exception pursuant to Chapter 14.3(A)(6). Section 17.18(1) of the St. Croix
County Zoning Ordinance.
2. The request is for a renewal of an existing pit.
3. The use serves a public need as the pit is used for area road projects in St. Croix
County.
4. The site is well buffered from surrounding properties.
5. There was no opposition to the request.
6. There have been no complaints on any of the pits in St. Croix County that are being
operated by Milestone Materials.
7. The Land and Water Conservation Department has reviewed and approved of the
request.
S. 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. The mining project may proceed according to plans presented. Any expansion
beyond this legal boundary shall require a new special exception permit.
2. 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.
3. 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).
4. The applicant must file with the Zoning Office a financial assurance for site
reclamation in the amount of $82,400.00.
5. The boundary of the site shall be staked in accordance with section 14.2 A. 10.
6. If petroleum products are kept onsite, then they will be required to be stored in
State approved fuel storage containers with absorbent pads. Absorbent pads
shall be designed to accept petroleum products and be located at the refueling
site.
7. The applicant is responsible for dust abatement during the duration of the permit.
8. Hours of operation shall not exceed 6:00 a.m. — 10:00 p.m., Monday — Friday. The
applicant may submit a written request for (occasional/limited) extended hours to
the Zoning Administrator for review and approval.
9. Permit includes temporary placement of equipment necessary to conduct the
mining operation.
10. The operator shall provide and 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.
11. Site reclamation shall proceed according to the plan.
12. The application shall adhere to all regulations relating to State and Federal rules
during the life of the operation.
13. 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
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circumstances 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. 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; Krueger, yes; Luckey, yes; Nelson,
yes; Chairperson Speer, yes. Motion carried.
Respectfully submitted:
;Julie Speer, airperson/ Debra Zim rm , Recording Secretary
Acting Secretary
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