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HomeMy WebLinkAboutBoard of Adjustment 04-24-03 AGF,NDA 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 24, 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: 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 17, 2003 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board * CANCELLATIONS /CHANGES /ADDITIONS PUBLIC'. 14 ARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, April 24, 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: CANCELED Special Exception request for a 5 -year renewal for an existing non- metallic mining operation pursuant to Section 17.15(6)(g) and Ordinance 226(89)F.2. The request is for a permit to continue operation of a non - metallic mining operation in the Town of Emerald. APPELLANT: Lowell Bliss & William Potts and Mathy Construction Co., owners/ Milestone Materials, agent LOCATION: The E 1 /2 of the NW ' / 4 and the NE '/4 of the SE '/4, Section 9, and the W %2 of the SW 1 /4 of Section 10, all in T30N -RI 6W, Town of Emerald. ADDRESS: 160 and 240 Glenwood City, WI 2. ARTICLE: Variance request to the 75 -foot water setback requirements pursuant to Section 17.31(2). The request is for a 34 -foot variance from the 75 -foot ordinary high water setback requirements to allow an existing pole shed to remain in its present location. APPELLANT: Steve Frisinger LOCATION: The NW '/4 of the NWl /4, Section 28 T31N -R18W, Town of Star Prairie ADDRESS: 1968104 th Street, New Richmond, WI 3. ARTICLE: Variance request to the Class "D" Highway requirements pursuant to Section 17.64(1)(d)2. The request is for a 24 -foot variance from the 133 -foot centerline setback to expand a non - conforming dwelling. APPELLANT: Mary McComb LOCATION: The NW 1 /4 of the NW 1 /4, Section 29, T31N -R18W, Town of Star Prairie ADDRESS: 198493 rd Street, Somerset, WI 4. ARTICLE: Variance request to exceed the height requirements of an accessory structure pursuant to Section 17.12(5). Request is for a four -foot variance to the 15 -foot accessory structure height requirements. APPELLANT: Dale F. Colburn LOCATION: The SE 1 /4 of the NE 1 /4, Section 23, T31N -R19W, Town of Somerset ADDRESS: 692207 th Avenue, Somerset, Wisconsin 5. ARTICLE: Request for the expansion of an existing Special Exception permit pursuant to Section 17.18(1)(e). Applicant is requesting to update the equipment list of an existing commercial business known as River City Disposal, Inc. APPELLANT: Harold Morrow, owner/ Mark Rasmussen, agent LOCATION: The SE 1 /4 of the SE 1 /4, Section 15, T28N -R19W, Town of Troy ADDRESS: 314 State Road 35, River Falls, WI 6. 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 %2 of the SE 1 /4 of Section 23, T28N -R20W, Town of Troy ADDRESS: 153 Glenmont Road, Hudson, WI 7. ARTICLE: Item 1 : Variance request to grade on slopes greater than 12% in the Lower St. Croix Riverway District pursuant to Section 17.36(5)(1)(1)b. Applicant is requesting to stabilize slope failure. Item : Special Exception for filling and grading in the Lower St. Croix Riverway District pursuant to Section 17.36(6)(a)3. Item 3 : Special Exception request to replace a stairway on the bluff face pursuant to Section 17.36(6)(a)4. Item 4. Special Exception request for filling and grading in the Shoreland area of the St. Croix River pursuant to Section 17.29(2)(c). APPELLANT: Tom Rose LOCATION: Lot 20 and 21 of the St. Croix Cove, Section 24, T28N -R20W, Town of Troy ADDRESS: 270 Cove Road, Hudson, Wisconsin 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 �I X OFFICIAL BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES April 24, 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 Tom Rose 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 Golz seconded by Rose to adopt the agenda noting that Article Number 1 and 6 are canceled for today, and will be placed on a future agenda. Motion carried. The Board set the next meeting date as May 22, 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 Rose, seconded by Golz to adopt the minutes from the February 27, 2003 hearing as written. Motion carried. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available today if needed. 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, April 24, 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. I 1. ARTICLE: CANCELED: Special Exception request for a 5 -year renewal for an Existing non - metallic mining operation pursuant to Section 17.15(6)(g) and Ordinance 226(89)F.2. The request is for a permit to continue operation of a non - metallic mining operation in the Town of Emerald. APPELLANT: Lowell Bliss & William Potts and Mathy Construction Co., owners/ Milestone Materials, agent LOCATION: The E 1 /2 of the NW 1 /4 and the NE '/4 of the SE 1 /4, Section 9, and the W 1 /z of the SW 1 /4 of Section 10, all in T30N -R16W, Town of Emerald. ADDRESS: 160 and 240 Glenwood City, WI 2. ARTICLE: Variance request to the 75 -foot water setback requirements pursuant to Section 17.31(2). The request is for a 34 -foot variance from the 75 -foot ordinary high water setback requirements to allow an existing pole shed to remain in its present location. APPELLANT: Steve Frisinger LOCATION: The NW '/4 of the NW' /4, Section 28 T3 IN-RI 8W, Town of Star Prairie ADDRESS: 1968 104 Street, New Richmond, WI 3. ARTICLE: Variance request to the Class "D" Highway requirements pursuant to Section 17.64(1)(d)2. The request is for a 24 -foot variance from the 133 -foot centerline setback to expand a non - conforming dwelling. APPELLANT: Mary McComb LOCATION: The NW '/4 of the NW t /4, Section 29, T31N -R18W, Town of Star Prairie ADDRESS: 1984 93 Street, Somerset, WI 4. ARTICLE: Variance request to exceed the height requirements of an accessory structure pursuant to Section 17.12(5). Request is for a four -foot variance to the 15 -foot accessory structure height requirements. APPELLANT: Dale F. Colburn LOCATION: The SE ' / 4 of the NE t /4, Section 23, T31N -R19W, Town of Somerset ADDRESS: 692 207 Avenue, Somerset, Wisconsin 5. ARTICLE: Request for the expansion of an existing Special Exception permit pursuant to Section 17.18(l)(e). Applicant is requesting to update the equipment list of an existing commercial business known as River City Disposal, Inc. APPELLANT: Harold Morrow, owner/ Mark Rasmussen, agent LOCATION: The SE / of the SE 1 /4, Section 15, T28N -R19W, Town of Troy ADDRESS: 314 State Road 35, River Falls, WI 6. ARTICLE: CANCELED: Variance request to the ordinary high water mark setback requirements of the St. Croix Riverway District pursuant to Section 17.36(5)( c)l. 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' /z of the SE' /4 of Section 23, T28N -R20W, Town of Troy ADDRESS: 153 Glenmont Road, Hudson, WI 7. ARTICLE: Item 1 : Variance request to grade on slopes greater than 12% in the Lower St. Croix Riverway District pursuant to Section 17.36(5)(1)(1)b. Applicant is requesting to stabilize slope failure. Item 2 : Special Exception for filling and grading in the Lower St. Croix Riverway District pursuant to Section 17.36(6)(a)3. Item 3 : Special Exception request to replace a stairway on the bluff face pursuant to Section 17.36(6)(a)4. 2 Item 4: Special Exception request for filling and grading in the Shoreland area of the St. Croix River pursuant to Section 17.29(2)(c). APPELLANT: Tom Rose LOCATION: Lot 20 and 21 of the St. Croix Cove, Section 24, T28N -R20W, Town of Troy ADDRESS: 270 Cove Road, Hudson, Wisconsin 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: Bliss, Potts, Mathy Construction Co., and Milestone Materials Canceled Article Two: Steve Frisinger Eslinger explained that this request is for a 34 -foot variance from the 75 -foot ordinary high water mark of a navigable wetland to allow an existing pole shed to remain in its present location. The following exhibits were introduced: 1. Staff Report 2. Variance application 3. Photos 4. Site location map 5. Letter from the DNR dated 4/17/03 Eslinger went over the staff report with the Board. This was brought to the zoning department as a complaint, which prompted the need for a variance. The property is zoned Ag /Residential. The applicant received a building permit for the pole shed from the Town, as no one was aware of the navigability issue with the wetland. The DNR has recommended denial of the request. The Land and Water Conservation Department has recommended an erosion control plan be submitted to protect the area. The Town of Star Prairie has recommended approval of the request. Steve Frisinger, being duly sworn, is the owner of the property. He presented photos of the property, labeled as Exihibit 6, and reviewed with the Board. He went on to explain what steps he took before constructing the shed, stating that he went to the Town and also researched the covenants to make sure he was doing everything appropriately. Frisinger explained that he placed the pole shed on the property in an area that he felt was the best aesthetically for the neighborhood, and is screened by trees. He was unaware of the navigability issues with the wetland, and when he received his building permit, the Town knew where he was placing the building, and was unaware of the wetland issues, as well. According to the covenants of the subdivision, the pole building is within the size and color scheme that is allowed. 3 Shaun Bird, being duly sworn, is an adjoining property owner. He stated that the shed is not an eye -sore, but is opposed to the building, as it takes away from the aesthetics of his property. He built a deck on his home that had a nice view at one time, and now faces the shed. He believed when his home was built that no one could build in that area of the property, due to the wetland, and would like to see the shed removed. Bird went over the map of the property with the Board, showing them where his home is in relation to the applicant's property. The Board will view the site. Article Three: Mary McComb Eslinger explained this request is for a 24 -foot variance to the 133 -foot setback requirement from the centerline of a Class D Highway. The following exhibits were introduced: 1. Staff Report 2. Application for variance 3. Location map 4. Photos Eslinger told the Board that the property is located in the Shoreland District of the Apple River. In 1999, the Board approved a variance for a replacement structure on this property. Due to the narrowness of the lot, it cannot meet the setback from the road and the Apple River. The request is to expand the existing structure with a 16 x 28 foot addition. The addition will be no closer to the road, and will not encroach on the 75 -foot setback from the river. The Town of Star Prairie recommends approval of the request. Mary McComb, being duly sworn, explained that the addition is for bedrooms for their children. She reiterated that the addition would be no closer to the road, or the river, and due to the layout and narrowness of the lot, a variance is needed for any addition to the home. There was no opposition to the request. The Board will view the site. Article Four: Dale Colburn Eslinger went over the staff report stating that this request is for a four -foot variance to the 15 -foot height restriction on an accessory structure. The following exhibits were introduced: 1. Staff Report 2. Application 3. Site location map 4. Photos Eslinger explained how the height is determined for the structure, and explained that the additional height is needed to allow the applicant to store a recreation vehicle in the building. The Town of Somerset has recommended approval of the request. 4 Dale Colburn, being duly sworn, told the Board that in order to store his recreational vehicle inside the structure, he needs a 14 -foot door. The structure has to be 19 -feet high in order to have a door that size installed. His camper is very expensive, and he does not want to have it stored outside, and believes that aesthetically, it would be better for the surrounding neighbors to have a building on the property for storage, rather than having the vehicle, and other personal items, stored outside. The building will be the same color as the home. There was no opposition to the request. The Board will view the site. Article Five: Harold D. Morrow, owner/ Mark Rasmussen, agent Eslinger explained that this request is for the expansion of a commercial business, River City Disposal, in the Town of Troy. They would like to add the storage of front load garbage trucks, rear load garbage trucks, recycling trucks and curbside collection vehicles on this property. The previous approval was for a permit to operate a truck repair and roll -off dumpster business. The applicant is compliant will all of the conditions of the original permit. The water /soils on the property are being tested for contaminates, per the original permit. Eslinger suggested to the Board that if no contaminates are found, they may want to have the water tested every 5 years, rather than every 2 years, due to the expense of this test.The Town of Troy has recommended approval of the expansion. The following exhibits were introduced: 1. Staff Report 2. Application 3. Board of Adjustment Decision Dated 3/28/01 4. Zoning Map Eslinger added that staff has received two letters from neighbors, stating concerns. The letters were from Dean and Phyllis Albert, and Wayne Albert. The concerns had to do with having a public drop off site for garbage, trash accumulation, increased traffic, odors, contaminates and loss of value of their properties. Concerns were read into the record. Mark Rasmussen, being duly sworn, told the Board that they are no longer interested in having a public drop -off for garbage on the property, due to concerns of the neighbors and the Town, but would like approval for the remainder of the request. The water test and soil sampling on the property was conducted three weeks ago, and they are waiting for the results. Rasmussen went on to explain that the vehicles stored on the property are empty. He stores most of them inside the building. He would be willing to add more screening and landscaping if necessary. The maximum number of vehicles that he would foresee on the property would be approximately 10, outside of the roll -off dumpster business. There was no one in opposition at the hearing. The Board will view the site. 5 The Board recessed from 9:45 a.m. to 9:55 a.m. Article Six: Keith and Sandra Kettering Canceled Article Seven: Tom and Claudia Rose Board member Tom Rose, recused himself from this hearing. Eslinger explained that this request is rather complicated. He went over the staff report with the Board. The application is made up of several requests: a special exception permit for construction of a stairway to allow access to the St. Croix River, a permit for filling and grading and a variance request to grade on slopes in excess of 12 %. The following exhibits were introduced: 1. Staff Report 2. Application for special exception and variance 3. Correspondence 4. Photos 5. Location Map 6. Letters from Attorney Phil Steans, on behalf of George and Joan Bond, neighbors of the Rose property 7. Letter from the DNR, withdrawing their previous objection. The Board reviewed the photos of the property, showing the failure of the slopes in the year 2000. Eslinger explained that the applicant has been working with an engineer on the project, and has revised the earlier application to meet the earlier concerns raised by several agencies. The plans have been reviewed and approved by zoning staff, the land and water conservation department, the DNR and the Department of Agricultural Trade and Consumer Protection (DATCP). Claudia Rose, being duly sworn, owns the property with her husband. She explained to the Board the long process that has taken place to get to this point. There was a landslide on their property in 2000 that occurred and damaged the hillside toward the St. Croix River. The edge of the hill is now only about 5 or 6 feet away from their home, and they are concerned about the safety of the home. Something needs to be done as soon as possible to stabilize the slope. They have been working for 3 years with government agencies and engineers to come up with a "state of the art" plan to remedy this problem. They have hired Gale -Tec Engineering, Inc. to work with them. This company specializes in erosion control and is experienced in matters such as this. Rose explained that there have been objections expressed by the Bonds, who are adjoining property owners, and she addressed the concerns in the Bond's letter. She believes that they have adequately addressed the concerns of the Bonds by working with several engineers, and all of the government agencies involved, to come up with a plan that will stabilize the slopes. They have received approval for the plans from all agencies involved. The project will end 30 -feet from the Bond property. Phil Steans, being duly sworn, is an attorney representing George and Joan Bond. He entered the following exhibits: 6 8. Letter from the DNR dated August 15, 2002. 9. Letter to Town of Troy from Steans dated August 7, 2002. 10. Letter from Gale -Tec dated April 25, 2002 to Rose 11. Letter from DNR to St. Croix County dated March 27, 2002 12. Letter from Steans to the Town of Troy dated April 3, 2002 13. Letter from Braun Intertec to Rose dated May 22, 2002 14. Letter from SEH to Bond dated October 15, 2001 15. Photos taken by Bond April 17, 2000 16. Photos taken by Bond April 17, 2000 17. Photos taken by Bond April 17, 2000 The Bonds are asking from some kind of protection for their property. He went over the photos (Exhibit 15 -17) with the Board. The Bonds are concerned that the plans submitted do not fully address their concerns. Christopher Boldt, being duly sworn, is the engineer hired by the Bonds. The new plan submitted does address some of the Bonds concerns, and believes it is important that the Bond's property is protected. If the project is not done properly, it could cause a safety issue to the Bond property. There is a "scarp" area on the property, on the north property line, that needs to be addressed, as is a crucial area. The Bonds would like to see a performance bond put into place that would protect their property, as well as the Rose property. The main concern of the Bonds is that this project is done properly to avoid further problems in this area. Dan Cole, being duly sworn, is the attorney for the Rose's. He stated that he understands that a performance bond is needed, and they will do that for the Rose property. He reiterated that the new plan, presented today, adequately addresses the Bond's concerns, and the Roses have received approvals from all agencies involved, and are working with very knowledgeable engineers. He believes the Roses should be allowed to move forward with their project. Steve Gale, being duly sworn, is the president of Gale -Tec Engineering, an international company. He has worked in St. Croix County on several issues like this one and has been successful. He went over the photos of the property with the Board, explaining the procedure that will be put into place for erosion for the Rose and Bond properties. He firmly believes the plans presented are adequate and reasonable for this project. The Board will view the site. Announcements James Traeger: Eslinger updated the Board on the Traeger matter, from last month's Board of Adjustments hearing. The Zoning Administrator and the applicant have come to an agreement that the applicant will donate $1,000 towards the Homestead Parklands. The donation will be used to purchase wetland plants for the Restoration Project in the park. The donation shall be paid directly to the St. Croix County Park's Department, with a receipt of this payment to be supplied to the Zoning Department. Payment of the donation is requested within 60 days of the filing date of the Decision. Emerald Dairy: Eslinger told the Board that bonding companies, across the country, are no longer issuing full bonds for these large dairies. However, Emerald Dairies has gotten 7 a bond in place that will take care of dispersal of the manure on the property, if necessary. The Board recessed to view properties. DECISIONS: Article One: Bliss, Potts, Mathy Construction Co., and Milestone Materials Canceled Article Two: Steve Frisinger Motion by Peterson, seconded by Speer to approve the 34 -foot variance request from the 75 -foot ordinary high water mark of a navigable wetland to allow an existing pole shed to remain in its present location based on the following findings: The Town of Star Prairie has recommended approval of the request. The applicant was unaware of the setback from the navigable wetland to the south. After the permit was issued by the Town, and a majority of the pole shed was built, it was then determined that the wetland was navigable and thus required a 75 -foot setback. The Board finds that this does not constitute a self - created hardship, as the applicant acted in good faith by obtaining a building permit from the Town, researching the covenants for what was allowed for building size and color, before starting any building. The Board finds that due to the topography of the site, the location chosen for the building is the best place for the structure. The structure is well screened from neighboring properties. The Board finds that the request is not contrary to the public interest. The Board finds that the spirit and intent of the ordinance would be met by granting this request. With the following condition: 1. The applicant shall submit an erosion control plan that provides protection of the building site until the site is stabilized. The plan should include a BMP (best management plan) for construction of the driveway. This plan will be reviewed by the Zoning staff. The following vote was taken to approve: Krueger, no; Peterson, yes; Golz, no; Rose, yes; Chairperson Speer, yes. Motion carried on a 3 -2 vote. Article Three: Mary McComb Motion by Golz, seconded by Krueger to approve the 24 -foot variance request to construct a 16 x 28 foot addition onto an existing structure based on the following findings: 1. The addition to the home will not be any closer to the road, or the Apple River. 2. Due to the layout of the lot, the place chosen is the only place on the property for the addition. 3. The expansion will not be close to the neighboring property line. 4. The Town of Star Prairie has recommended approval of the request. 5. There were no objections to the request. 6. The Board finds that the request is not contrary to the public interest. 8 7. 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: Rose, yes; Peterson, yes; Golz, yes; Krueger, yes; Chairperson Speer, yes. Motion carried. Article Four: Dale Colburn Motion by Rose, seconded by Krueger to approve the four -foot variance request to allow a 19 -foot accessory structure on the property based on the following findings: 1. The Town of Somerset has approved of the request. 2. There were no objections to the variance. 3. The applicant has demonstrated a need for the variance to allow him to house a recreational vehicle that requires a 14 -foot door for entry into the structure. 4. The color of the structure will be compatible to the existing home. 5. The granting of this variance will not cause harm to the public interest. 6. The spirit and intent of the ordinance would be met by granting this request. With the following condition: 1. The accessory structure shall only be used for the applicant's personal storage. The following vote was taken to approve: Peterson, yes; Krueger, yes; Rose, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Article Five: Harold D. Morrow, owner/ Mark Rasmussen, agent Motion by Golz, seconded by Peterson to approve of the special exception request for the expansion of an existing commercial business in a Commercial District, based on the following findings: 1. The Town of Troy has approved of the request. 2. The Board finds that the concerns of the neighboring property owners have been adequately addressed. 3. This is an expansion of an existing business. The applicant has met all of the conditions of the existing permit. 4. The plans have been reviewed and approved by the Land and Water Conservation Department. 5. Additional landscaping will improve the aesthetics of the property 6. The spirit and intent of the ordinance would be met by granting this request. With the following conditions: 1. This permit allows River City Disposal, Inc. to store empty roll -off dumpsters onsite, garbage and recycling collection trucks and to include a truck and trailer repair business. Any use beyond those stated herein would require a new Special Exception permit. 2. The results of the soil sampling must be submitted to the zoning office before this permit is valid. 3. This permit does not include use of the site as a Transfer Station. All items associated with the roll -off dumpster business and garbage collection vehicles must be located on the cement area as designated on the site plan. 4. The applicant is allowed a maximum of 14 vehicles on the site associated with the garbage collection and roll -off dumpster business. 9 5. The petroleum tanker truck may not be stored on site. 6. This special exception use permit shall be reviewed by the Board of Adjustment five years from the issuance of the permit to insure all conditions are being met. (April 24, 2008). At that time, soil samples shall be taken in the area of the forebay. Those results must be provided to the Zoning Office to compare results against the baseline data. 7. The applicant must maintain all storm water management practices in accordance with the approved plan. 8. Daily hours of operation as related to the roll -off dumpster business are limited to the hours of 5:00 a.m. to 7:00 p.m. 9. Onsite storage of hazardous waste is prohibited. 10. The site shall remain dust free at all times, and kept in a neat and orderly manner. 11. The applicant is to submit a revised landscaping plan showing two rows of staggered plantings of 6 -foot evergreens, 10 -foot on center, beginning at the driveway and running to the end of the outside yard, just along the road. The planting is to be completed by June 2, 2003. 12. The applicant must maintain proper Wisconsin licensing for the business. 13. The applicant is responsible for obtaining any permit or approval required for the project by the DNR before starting the project. 14. The applicant must provide confirmation that he /she has completed permit process with all other regulatory agencies within six months of approval of this special exception. 15. All proposed lighting is to be illuminated downward, to eliminate light pollution on the site. 16. Parking areas, which serve the public and employees must be hard surfaced or blacktopped. 17. Staff recommends that the applicant maintain a minimum of 6 parking spaces for the public. • an additional space for each 2 employees • adequate parking for vehicles operated in connection with the business • parking spaces must be a minimum of 10 feet by 20 feet (200 square feet) 18. Total of all sign square footage on the property not to exceed 100 square feet. Signs must be located a minimum of 10 feet from all property lines. Only one freestanding sign is allowed on the property. Any other signage related to the business must be approved by the zoning department and must strictly adhere to the St. Croix County Signage Ordinance. 19. The applicant must keep the site free of all vehicles not related to the approved businesses. 20. 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. 21. Any minor change (or addition) in expansion of the project, including building, signage, 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. 22. The applicant shall have one (1) year from the issuance of the Special Exception permit to act on the Special Exception permit. Failure to start the new business in this timeframe shall result in the expiration of this Special Exception. If the Special Exception permit expires, the applicant will be required to secure a new special exception permit before commencing the business operation. 10 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: Krueger, yes; Rose, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Article Six: Keith and Sandra Kettering Canceled Rose removed himself from the room at this time. Article Seven: Tom and Claudia Rose Motion by Krueger, seconded by Peterson to approve the applicants' request for a permit to construct a stairway to allow access to the St. Croix River, a permit for filling and grading in the Lower St. Croix Riverway District and a variance to grade on slopes in excess of 12% in the St. Croix Riverway District based on the following findings: 1. The Town of Troy has approved of the request. 2. The plans have been professionally designed by Gale -Tec Engineering, Inc. (Geo- technical engineers), and reviewed by Braun Intertec Engineering. A topographic survey has been provided by S & N Land Surveying. 3. The Board finds that the damage to the property is severe, and that the problem needs to be remedied immediately. The Board further finds that it is necessary to grant the requests of the applicants to allow them to proceed with repairing the extensive damage to the property. 4. The Land and Water Conservation Department, with the assistance of Ron Williams, an Engineer with the Department of Ag, Trade and Consumer Protection, has reviewed and approved of the plans designed for the project. 5. The Department of Natural Resources has reviewed the plans designed for the project and have stated in a letter dated April 18, 2003 that they have no objections to the request. 6. The Board finds that the concerns of the neighboring property owners have been addressed adequately. Further, the Board believes that the applicants have proven that they have gone to great lengths to hire professionals to design plans that would not only repair the damage to the slope, but would also stabilize the slope of their property to the best degree that is possible in an area such as this. 7. The Board finds that the spirit and intent of the ordinance would be met by granting these requests. With the following conditions: 1. This permit allows the applicant to grade on slopes 12% and greater to repair a slope failure that occurred in April of 2000 on the property. 2. The applicant shall install the Best Management Practices (BMP's) prior to commencing grading activities. The BMP's shall remain in place until the site is completely established. 3. Financial guarantees equal to 120% of approved construction estimates must be submitted for the erosion control and grading activities on the applicants' property. Written estimates must be submitted to the Zoning office for review and approval 11 • Financial guarantees must be submitted and approved • No construction, including earth moving, shall take place prior to approval of the financial guarantees • Guarantees will not be released until the County is satisfied that the erosion control devices are implemented as planned and until the disturbed areas are proven to be stabilized. 4. Prior to beginning any work, the applicant must schedule an on -site pre - construction meeting that includes the landowner, contractor, engineer, architect, and St. Croix County Zoning and LWCD staff members. Items to be discussed include but are not limited to coordinating installation of BMP's, construction timelines, roles and responsibilities of owner, engineer, architect, contractor, etc. 5. The applicant shall provide the Zoning Office with the name and phone number of the person responsible for installing and maintaining the erosion control plan. 6. 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. The engineering field notes shall be available for review by the County staff at any time. 7. The applicant shall follow the plans as approved by the St. Croix County Land and Water Conservation Department. 8. The applicant shall obtain all necessary approvals from the WDNR. This includes all renewals. 9. Comply with all WDNR and Army Corps of Engineers requirements and obtain any permits necessary. Applicant shall address all of the concerns stated in the WDNR letter dated April 18, 2003 prior to commencing work on the project (attached). 10. The applicant shall provide the Zoning Office with the following information prior to this permit being valid: • Provide information on the experience of the selected contractor • Details of construction equipment to be used • Submit final contractor plans that include proper Professional Engineer (P.E.) certification • Clarify the final sequencing details and identify the staging areas. • Submit plans with regards to the spoil removal including any stock piling and final disposal areas. If this will be off -site, that location should be indicated. • Slope movement monitoring is required during construction as well as long term (including the "scarp" area). This was recommended by the design engineer and is being restated so if needed, some type of emergency slope stability measures could be installed prior to actual failure. Location to be specified by applicants' engineer. 11. The Zoning Office is to be notified at the start and the finish of the project. 12. Any minor change or addition to the project, including but not limited to design of the facility, shall require review and approval by the Zoning Administrator and the Land and Water Conservation Department prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 13. 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 12 construction commences, the applicant will be required to secure a new special exception permit before starting or completing construction on the project. 14. 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; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Motion by Peterson, seconded by Krueger to adjourn meeting at 4:10 p.m. Respectfully submitted: Richard Peterson, Secretary Debbie Zimmermann, cording Secretary 13