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HomeMy WebLinkAboutBoard of Adjustment 06-26-03 K ✓ AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Clarence Malick, Chairman St. Croix County Board FROM: Julie Speer, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, June 26, 2003 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 Paul Paulson/Mann Valley Contracting Special Exception Permit OLD BUSINESS: NEW BUSINESS: See attached ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT: (agenda not necessarily presented in this order) SUBMITTED BY: St. Croix County Zoning Office DATE: June 18, 2003 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, June 26, 2003 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 to locate a third residence on property zoned Agricultural pursuant to Section 17.14(6)(a). The request is to allow an additional residence to construct a home for a family member engaged in the farming operation on the property. APPELLANT: Dennis and Grace Emmert LOCATION: The SE t /4 of the NE 1 /4, Section 22, T30N -R17W, Town of Erin Prairie. ADDRESS: 190 Avenue, New Richmond, WI 54017 1 2. ARTICLE: Special Exception request for a commercial business in a Commercial District pursuant to Section 17.18(1)(a). Request is to operate a commercial business known as " Hetchler I Electric ". APPELLANT: David Ihle, Owner and Clinton Hetchler, Agent LOCATION: Part of Government Lot 2 of Section 27, T30N -r20W, Town of St. Joseph ADDRESS: 30 Hillton Road, Houlton, WI 54082 3. ARTICLE: Item #1: Variance request to the ordinary high water mark and bluffline setback requirements of the St. Croix Riverway District pursuant to Section 17.36(5) (c)l. Item #2: 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. Item #3: Special Exception request for rock riprapping for shoreline protection pursuant to Section 17.36(6)(a)(3). Item #4: Special Exception request for a permit to construct a stairway on the property to allow access to the St. Croix River pursuant to Section 17.36(6)(a)4. Item #5: Special Exception request for filling and grading in the Shoreland area of the St. Croix River pursuant to Section 17.29(2)(c). APELLANT: Geraldine Swenson, owner/ Bruce Lenzen, agent LOCATION: Located in Government Lot 1, Section 24, T28N -R20W, Town of Troy ADDRESS: Off of Cove Road, Hudson, 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 X OFFICIAL BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES June 26, 2003 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, Stan Krueger and Richard (Buzz) Marzolf were present. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, and Deb Zimmermann, Administrative Assistant. Chairperson Speer believes this to be a properly noticed meeting. Motion was made by Peterson, seconded by Golz to adopt the agenda noting that Article Number 1 and 5 are canceled for today, and will be placed on a future agenda. Motion carried. The Board set the next meeting date as July 24, 2003 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 Marzolf, seconded by Krueger to adopt the minutes from the May 22, 2003 hearing with a correction to spelling of a word on page 6 and page 8. Motion carried. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available today if needed. OTHER BUSINESS Eslinger informed the Board that staff has been working with Paul Paulson on several outstanding conditions that were placed on his special exception permit. A $250 fine was issued to him. Staff will continue to work with Paulson, and will keep the Board updated on this. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public hearing notice was published correctly and was read into the record as follows: PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, June 26, 2003 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 to locate a third residence on property zoned Agricultural pursuant to Section 17.14(6)(a). The request is to allow an additional residence to construct a home for a family member engaged in the farming operation on the property. APPELLANT: Dennis and Grace Emmert LOCATION: The SE' /4 of the NE 1 /4, Section 22, T30N -R17W, Town of Erin Prairie. ADDRESS: 190"' Avenue, New Richmond, WI 54017 2. ARTICLE: Special Exception request for a commercial business in a Commercial District pursuant to Section 17.18(1)(a). Request is to operate a commercial business known as "Hetchler Electric ". APPELLANT: David Ihle, Owner and Clinton Hetchler, Agent LOCATION: Part of Government Lot 2 of Section 27, T30N -r20W, Town of St. Joseph ADDRESS: 30 Hilltop Road, Houlton, WI 54082 3. ARTICLE: Item #1: Variance request to the ordinary high water mark and bluffline setback requirements of the St. Croix Riverway District pursuant to Section 17.36(5)( c)l. Item #2: 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. Item #3: Special Exception request for rock riprapping for shoreline protection pursuant to Section 17.36(6)(a)(3). Item #4: Special Exception request for a permit to construct a stairway on the property to allow access to the St. Croix River pursuant to Section 17.36(6)(a)4. Item #5: Special Exception request for filling and grading in the Shoreland area of the St. Croix River pursuant to Section I 7.29(2)(c). APELLANT: Geraldine Swenson, owner/ Bruce Lenzen, agent LOCATION: Located in Government Lot 1, Section 24, T28N -R20W, Town of Troy ADDRESS: Off of Cove Road, Hudson, 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 Article One: Dennis and Grace Emmert Eslinger explained that this request is for a special exception permit to allow a third residence on a property zoned Agriculture. The ordinance allows this, with approval from the Board of Adjustments. The applicants are asking for this permit to construct a new home so that their son may move into the existing farmhouse. Eslinger went over the staff report, stating that the farm is sufficient in size to allow this additional residence, and everyone living on this farm makes their income from farming. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Application for special exception with narrative Exhibit 3: Location map Dennis and Grace Emmert, being duly sworn, reiterated that they would like to build a new home on the property for them to retire in. Their son will move to the home they are 2 now in. They do not have any plans for their home drawn up yet, and asked the Board to consider a 2 -year timeframe for them to start their home, if they get approval for this request. Fisher added that the Board has the right to allow the permit to be good for two years if they so choose. There was no opposition to the request. The Board will view the site. Article Two: David Ihle/ Clint Hetchler Eslinger explained that this request is for a special exception permit to operate a business known as "Hetchler Electric" on a commercial site in Houlton. The business is currently located in Hudson, but has outgrown its current facility and would like to locate to this site in Houlton. Eslinger went over the proposed conditions with the Board. This particular site has had some screening conditions placed on it from a recent rezoning, as Ag/Residential property abuts this commercial site. Eslinger encouraged the Board to review the site plan that was included in the information they received from the applicant and to determine if they believe the screening of the property is sufficient. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Application for special exception with narrative Exhibit 3: Photos of the site Exhibit 4: Location map Exhibit 5: Rezoning Ordinance 629 (2003) Joe Ryan and Clint Hetchler were sworn in. Ryan is the attorney for the owner, David Thle, and Hetchler is the owner of "Hetchler Electric ". Ryan explained that the site is very well maintained and there is a buffer of pine trees on the west side. The septic has been built to commercial standards, but will have a licensed plumber verify that it is sized properly for the use. Ryan said that the employees do not stay at the site, but just come and go as the work is done off -site. The well on the property has been capped, and the applicants will see to it that it has been properly abandoned. There was no opposition to the request. The Board will view the site. The Board recessed from 9:10 a.m. to 9:20 a.m. Article Three: Geraldine Swenson/ Bruce Lenzen Eslinger explained that this request was originally heard in front of this Board on June 27, 2002 and was tabled for more information, as there were several outstanding concerns with the application at that time. The applicant has been working with staff and other governmental agencies to take care of these concerns. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Application for variance and special exception Exhibit 3: Revised plans and house drawings dated March 17, 2003 Exhibit 4: Stipulated Dismissal of Appeal Exhibit 5: Department of Justice letter dated October 29, 2002 3 Exhibit 6: Town approval dated June 24, 2002 Exhibit 7: Photos Exhibit 8: Zoning Map Exhibit 9: Letter from Bruce Lenzen to the DNR date May 30, 2003 Exhibit 10: Letter from the DNR to Zoning dated June 4, 2003 Exhibit 11: Letter from the DNR to the Board of Adjustment dated June 12, 2003 Exhibit 12: Letter from the DNR dated June 24, 2003 Exhibit 13: Letter from Bruce Lenzen to Zoning dated June 23, 2003 Eslinger went over the staff report with the Board pointing out that this request is for three special exceptions and two variances. The property was made part of the Cove Subdivision in 1957, in the Lower St. Croix Riverway District, and is currently a non- conforming lot that has never been built on. The applicant has been working on this application for over one year. The Land and Water Conservation Department has reviewed the plans and all concerns have been addressed and satisfactorily resolved. In a letter dated October 29, 2002, the Department of Justice stated that they would not object to the application if the six points listed in their letter were addressed. The applicant has worked diligently with the Zoning, Land and Water Conservation, the DNR and the State on this application to comply with what is requested by each agency. Eslinger pointed out that the DNR has asked for certain conditions to be placed on this request in order for them not to object. Staff believes it is appropriate for the DNR to monitor these conditions, if the Board approves of them, not the County, since the conditions are being requested by DNR. Mike Waterman, attorney for Geraldine Swenson, Bruce Lenzen, applicant, and Louie Filkins, engineer with Ogden Engineering, were sworn in. Waterman gave an overview of the project, reiterating that the applicant has been working with many agencies to get to this point. He further stated that this request meets the "hardship criteria ", as this is a unique lot and without a variance it would have "no use ", and that is not legal. They meet the setbacks from the road and from the side yard. The variance requests are for the setback from the Ordinary High Water Mark and for filling and grading in excess of 12 %. He referred to Exhibit 12, stating that he has worked with the DNR attorney and has come to an agreement for a deed restriction on this property. He believes the request for a home on this property is a reasonable use and the spirit and intent of the ordinance would be met by granting a variance in this case. Louie Filkins, engineer for the project, went over the site plan with the Board. He stated that all of the plans being presented have been approved by the various government agencies that have been involved in this project. Lenzen went over the plans for the home with the Board. There is more than adequate screening on the property, and only three trees will be removed in constructing the home. All government agencies have seen the plans for the home and have agreed to the size of the home. Mary Hense, Dave Hense, Robert Fleming and Ken Tilson, were sworn in. They are adjoining landowners and are opposed to this request. Their concerns were: run -off and erosion, extra traffic, size of the home for the lot too large, filling and grading on the slopes, quality of well water, protecting beauty of the St. Croix River, and believe there is 4 not a hardship. Dave Hense handed out two articles to the Board dated August 2001 and June 2003 on recent court cases regarding variances in the state. These were labeled as Exhibit 14. Eunice Post, being duly sworn, is representing the DNR. She told the Board that the DNR has not had a chance to respond to Lenzen's letter of June 23, 2003 and would like that opportunity. If the Board chooses to approve this request, it should be contingent on DNR review of this letter. The DNR has met with the applicant and reviewed all of the plans for the project, including the size of the home, and have agreed to the plans, with conditions. Lenzen added that he believes the home is generally consistent in size with the surrounding homes. The Board will view the site. The Board recessed to view properties at 10:40 a.m. and reconvened at 2:00 p.m. DECISIONS: Article One: Dennis and Grace Emmert Motion by Golz, seconded by Krueger to approve the request for a special exception for a third residence on property zoned agricultural based on the following findings: 1. The Town of Erin Prairie has approved of the request. 2. There was no opposition to the request. 3. All criteria have been met to allow this home to be constructed in an Agricultural District. 4. The Board finds that the request is not contrary to the public interest. 5. 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 is for third single - family residence on the agriculture parcel for the farm operators. Any other use the residence would have to fully comply with the provisions of the St. Croix County Land Use Regulations. 2. Applicant shall secure a sanitary permit from the Zoning Office. 3. Applicant must secure a town - building permit prior to commencing construction. 4. Applicant must obtain a driveway permit from the town prior to commencing construction. 5. The property shall be kept in a neat and orderly matter. 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. 6. The Zoning Office is to be notified at the start and the finish of the project. 7. 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. 5 8. Any change (or addition) in use, or expansion of the project shall require review and approval by the zoning administrator and in some circumstances through the Special Exception approval process, where applicable, as stated in the ordinance. 9. The applicant shall have two (2) years 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 construction commences, the applicant will be required to secure a new special exception permit before starting or completing the project. 10. 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. 11. 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: Krueger, yes; Marzolf, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Article Two: David Ihle/ Clinton Hetchler Motion by Krueger, seconded by Golz to approve the request for a special exception permit to allow a commercial business "Hetchler Electric" in the Commercial District based on the following findings: 1. The Town of St. Joseph has approved of the request. 2. There was no opposition to the request. 3. The property is an exiting commercial site and has been well maintained. 4. The business being located on the property is an appropriate use for the site. 5. The spirit and intent of the ordinance would be met by granting this request. With the following conditions: 1. This special exception use permit is for Hetchler Electric to operate an electric company from this property. Each commercial use requires a separate special exception. 2. Landscaping/Screening a. The property owner shall maintain a natural buffer area 73 -feet in width along the western boundary of the property to buffer the commercial property from the adjacent ag/residential housing development (see exhibit 4 — attached). No improvement or commercial use may be made of the buffer area (storage, parking, etc...), exception landscaping or screening that may be required as part of this permit. The existing trees along the eastern property line within the setback/buffer shall be protected and maintained. If any existing trees are lost, they must be replaced with 8 ft. minimum height of like tree species within 5 -feet of the original location. b. Additional plantings, two rows of 6 to 8 foot tall evergreens staggered 15 feet on center, to be placed along the north ag/residential north property line. The additional screening shall be completed by October 15, 2003. C. Applicant to submit a bid for the tree plantings, and a Letter of Credit to be submitted to the Zoning Office for 120% of that bid. Plantings must be completed no later than October 15, 2003. This Letter of Credit will be held 6 for one (1) year. d. The applicant must submit a revised site plan showing the 73 -feet natural buffer along the west property line and a planting plan for the north property line with species type and size. e. All existing deciduous trees shall be maintained and protected. 3. The applicant must satisfy conditions 2, 3 and 4 of the rezoning no later than October 15, 2003. (See exhibit 5 - attached). 4. An investigative report from a licensed plumber must be submitted to the zoning office no later than October 15, 2003. The report shall indicate the size of the septic tank, drain field and whether the system is of sufficient size to handle the proposed wastewater flows for this new commercial use. 5. Applicant to maintain a minimum of 1 paved parking space for each 200 -sq. ft. of ground floor area. A minimum of 15 parking spaces must be maintained for this business. Each parking space shall be 200 - square feet. The site plan shall be revised to show the parking spaces per section 17.57 (5). 6. Applicant to maintain proper state licensing to operate the electric business. 7. The property shall be kept in a neat and orderly manner. 8. The cumulative onsite signage advertising the business shall not exceed 100 square feet, and maximum height of 35 ft. This sign must be located a minimum of 10 ft. from all property lines. Any other signage must be approved by the zoning department and must strictly adhere to the St. Croix County Signage Ordinance. 9. This approval does not include storage of hazardous materials onsite. 10. Hours of operation to be from 6:00 am to 6:00 p.m. / Monday — Saturday. 11. Lighting must be illuminated downward and is to be shielded away from neighboring properties. (A light plan may be required, if warranted). 12. The applicant shall have the zoning administrator review this special exception permit in two years from the approval date for compliance with this approval (July 2005). 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. 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. 15. 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. 16. 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: Krueger, yes; Marzolf, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. 7 Article Three: Geraldine Swenson/ Bruce Lenzen Motion by Speer, seconded by Krueger to table the variance and special exception requests for a permit to construct a residence on a non - conforming lot for the following reasons: The Board requires more information and/or clarification regarding the following items: 1. Submit the color chips for the dwelling's exterior and for the stairway. 2. Clarify how the proposed dwelling is of comparable size with the adjacent homes in the neighborhood. 3. Provide more information on the rain gutters and the down spouts with respect to the direction of drainage. 4. Provide the finished living area (in square feet) for each floor of the dwelling, including the basement. 5. Clarification on the dwelling's footprint size (exact dimensions). The letter dated 2/15/03 indicates that the footprint of the dwelling is approximately 1,800 square feet, but this differs from the actual footprint shown on the site plan drawing that was part of the application. 6. Provide more information that reveals the dwelling's roof overhangs and the building's exterior wall. (Be sure to use a different line symbol to represent this on the map.) 7. The Board felt it was necessary to allow the Wisconsin Department of Natural Resources to respond to the letter from Bruce Lenzen dated June 23, 2003. The following vote was taken table: Marzolf, yes; Peterson, yes; Golz, yes; Krueger, yes; Chairperson Speer, yes. Motion carried. Motion by Peterson, seconded by Krueger to adjourn meeting at 3:25 p.m. Respectfully submitted: Ric d Peterson t�ecret 4D615ie W,nAerm 6qRecording Secretary cv{.ce 8