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HomeMy WebLinkAboutBoard of Adjustment 03-27-03 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, March 27, 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: March 20, 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, March 27, 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 for governmental use per Section 17.15(6)(u). The request is for a permit for the Town of Troy to construct a town hall and maintenance building in the Ag/Residential District APPELLANT: Town of Troy LOCATION: The SW '/4 of the NE' /4 and the SE '/4 of the NW '/4, Section 15, T28N -R19W, Town of Troy ADDRESS: 654 Glover Road, Hudson, WI 2. ARTICLE: item #1: Special Exception request for a permit to disturb slopes greater than 20% per Section 1 7.15(6)(t) Rem #2: Special Exception request permit for filling and grading in the Shoreland area per Section 17.29(2). The request is to allow the applicant to construct a home and driveway on the site. APPELLANT: James Traeger LOCATION: The SE 1 /4 of the SW '/4, Section 28, T30N -R19W, Town of St. Joseph ADDRESS: Off of Perch Lake Road, Hudson, WI 3. ARTICLE: * Ai.i. ITEMS iN ARTiCLE, #2 CANCEIND Item #1: Variance request to the ordinary high water mark setback requirements of the St. Croix Riverway District pursuant to Section 17.36(5)( c) 1. Rem #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. Rem #'t: 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 4. ARTICLE: Special Exception request for a permit to dredge an unnamed pond pursuant to Section 17.29(3). The request will allow the applicant to improve shoreline habitat for wildlife. APPELLANT: Patricia and Phillip LaVenture LOCATION: The NE' /4 of the SE' /4, Section 11, T30N -R1 8W, Town of Richmond ADDRESS: Off of 157' Avenue, New Richmond, WI 5. ARTICLE: CANCELED Special Exception request for a permit for a commercial use in the Commercial District pursuant to Section 17.18(1) and a permit for an industrial use in the Industrial District pursuant to Section 17.19(1). The request will bring the property into compliance with the conditions of a previously approved Special Exception Use Permit. APPELLANT: Sonnentag Family Ltd. Partnership/ County Materials Corp. LOCATION: The NW '/4 of the NW ' / 4, Section 34, T29N -Rl 8W, Town of Warren ADDRESS: 1203 70 Avenue, Roberts, 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 UNOFFICIAL BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES March 27, 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 Peterson to adopt the agenda noting that Article Number 3 and 5 are canceled for today, and will be placed on a future agenda. Motion carried. The Board set the next meeting date as April 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 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, March 27, 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 for governmental use per Section 17.15(6)(u). The request is for a permit for the Town of Troy to construct a town hall and maintenance building in the Ag/Residential District APPELLANT: Town of Troy LOCATION: The SW ' / 4 of the NE' /4 and the SE '/4 of the NW '/4, Section 15, T28N- R19W, Town of Troy ADDRESS: 654 Glover Road, Hudson, WI 2. ARTICLE: Item #1: Special Exception request for a permit to disturb slopes greater than 20% per Section 1 7.15(6)(t) Item #2: Special Exception request permit for filling and grading in the Shoreland area per Section 17.29(2). The request is to allow the applicant to construct a home and driveway on the site. APPELLANT: James Traeger LOCATION: The SE' /4 of the SW '/4, Section 28, T30N -R19W, Town of St. Joseph ADDRESS: Off of Perch Lake Road, Hudson, WI 3. ARTICLE: * ALL ITEMS IN ARTICLE #2 CANCELED Item #1: Variance request to the ordinary high water mark setback requirements of the St. Croix Riverway District pursuant to Section 17.36(5)(c)1. 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 4. ARTICLE: Special Exception request for a permit to dredge an unnamed pond pursuant to Section 17.29(3). The request will allow the applicant to improve shoreline habitat for wildlife. APPELLANT: Patricia and Phillip LaVenture LOCATION: The NE' /4 of the SE' /4, Section 11, T30N -R1 8W, Town of Richmond ADDRESS: Off of 157" Avenue, New Richmond, WI 5. ARTICLE: CANCELED* Special Exception request for a permit for a commercial use in the Commercial District pursuant to Section 17.18(1) and a permit for an industrial use in the Industrial District pursuant to Section 17.19(1). The request will bring the property into compliance with the conditions of a previously approved Special Exception Use Permit. APPELLANT: Sonnentag Family Ltd. Partnership/ County Materials Corp. LOCATION: The NW ' / 4 of the NW ' / 4, Section 34, T29N -R1 8W, Town of Warren ADDRESS: 1203 70' Roberts, 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: Town of Troy Eslinger explained that this request is by the Town of Troy to construct a town hall and maintenance shop. The current town hall and maintenance building are no longer large enough to accommodate the needs in the Town of Troy. Eslinger went over the staff report with the Board, pointing out that the Land and Water Conservation Department has approved of all of the plans, and this use is permitted in the Ag/Residential District with a Special Exception Permit. The following exhibits were introduced: 1. Staff Report 2. Application 3. Site location map 4. Letter from the LWCD dated March 10, 2003 2 John Ruemmele, being duly sworn, is the Chairman for the Town of Troy. The Town purchased the land for this request in 1999. The existing site is too small for an expansion, and there is no land available to purchase in this area. The Town is ready to go ahead with the building at this time. Ruemmele noted that there is sufficient land available if parking needs to be expanded. Eslinger told the Board that plans have been provided for runoff from the parking lot, screening and landscaping, and a lighting plan. All of these plans meet county requirements There was no opposition to the request. The Board will view the site. Article Two: James Traeger Eslinger told the Board that this request is for a special exception permit for filling and grading in the Shoreland area of Perch Lake and to disturb slopes greater than 20% to construct a driveway and a new residence. The following exhibits were introduced: 1. Staff Report 2. Application 3. Location map 4. Photos 5. CSM with easements 6. LWCD letter dated March 10, 2003 Eslinger explained that this lot was approved with a conservation easement placed on the lot, so there are some restrictions. Staff has worked with the applicant and his engineer to meet the requirements of the conservation easement, as some of the conditions on the property were violated. The county staff is confident that corrective action is being taken to remedy these violations, and the Land and Water Conservation Department has approved of the plans designed for the project, and will be monitoring the project until completion. Eslinger added that the Board may want to consider asking for financial guarantees for the project. Fisher added that the 120% of the construction estimates for financial guarantees has proven to be adequate for projects like this. Jim Traeger, being duly sworn, is the owner of the property. He explained that this is a very tough lot to build on, and has hired an engineer to help him with it. He has spoken with many people, including the town and county, as well as all the engineers that are involved, on the placement of the driveway. Everyone agrees that the place that has been chosen is the best driveway location for the lot. The trees that were removed were all birch or poplar, and he was careful with the cutting to make sure there was minimal impact to the neighboring properties. Jeff McCallum, being duly sworn, is the builder for Traeger. He explained that the house is designed to fit the contour of the lot and is asking to grade into the 20% slopes to utilize the natural walkout area. He further stated that by using the natural contours of the land, it will minimize the run -off, erosion and visual impact. Kling added that they will not be doing any grading within the bluffline setback, and they satisfy the easement requirements. The Board reviewed the staff report, going over the pictures of the site. 3 Traeger said that a permit from the DNR is not required, and he has been trying to get a letter from the DNR stating this, but so far that has not happened. He will continue to contact them until he can get something in writing documenting that a permit is not needed from them for this project. Dwight (Ike) and Lori Austin, being duly sworn, stated their concerns about the request. They are adjoining property owners, and share a driveway easement with Traeger. They listed some of their concerns with run -off, impact to their property if a home goes in, location of the driveway and re- vegetation of the property where trees were removed. Kling stated that one of his main concerns on this project is that run -off does not impact the neighboring property. He has been to the property and believes that there are measures in place to take care of any run -off, and there should not be any impact to the Austin property. Kling further stated that his concerns have been met and he is satisfied with the erosion control and storm water management plans. The Board will view the site. Article Three: Geraldine Swenson/ Bruce Lenzen: Canceled Article Four: Patricia and Philip LaVenture Eslinger told the Board that the applicant is requesting a special exception permit to dredge an unnamed pond to restore the pond to its historic levels and to improve the wildlife habitat in the area. The applicant has been working with Kyle Kulow of the Land and Water Conservation Department on this project, and Kulow will be overseeing the project. The Town of Richmond has recommended approval of the project. The DNR has issued a dredging permit for the project. The following exhibits were introduced: 1. Staff Report 2. Application 3. Site location map 4. Photos Pete Kling has spoken with Kulow of the LWCD, reiterating that Kulow will oversee the project and that he helped to draw up the plans for the project. There will be 2800 cubic yards of dredging done, which Kling stated is very minimal. Paul Casey, being duly sworn, stated that it is important that this is done carefully so that the pond does not dry up. He does not want to see the pond ruined. Kling answered by saying that the dredging will be very minimal, so there should not be any problems. The Board will view the site. Article Five: Sonnentn Family Ltd Partnership /County Materials Corp.: Canceled The Board recessed from 9:55 a.m. to 11:25 a.m. to view the properties. 4 DECISIONS: Article One: Town of Troy Motion by Rose, seconded by Krueger to approve the special exception request to construct a town hall and maintenance shop in the Ag/Residential District based on the following findings: 1. The Town of Troy has approved of the request. 2. The plans have been designed by a professional engineer, and approved by the Land and Water Conservation Dept. 3. The request serves a public need and will be an improvement to the current situation. 4. There were no objections to the request. 5. 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 construct a town hall, parking lot and maintenance shop. 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 is to submit a revised landscaping plan showing two rows of staggered seedlings around the perimeter of the property. Additional group plantings are to be placed on each side of the driveway and adjacent to the parking lot. These groupings are to replicate what has been designed for the berm, on the original landscaping plans. 5. Any proposed lighting is to be illuminated downward to eliminate light pollution onto neighboring properties. Box lighting is preferred. 6. The Zoning office is to be notified at the start and the finish of the project. 7. Any minor change or addition to the project, including but not limited to design of the project, shall require review and approval by the Zoning Administrator and the Land and Water Conservation Department prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 8. 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. 9. 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. 10. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. 5 The following vote was taken to approve: Peterson, yes; Golz, yes; Rose, yes; Krueger, yes; Chairperson Speer, yes. Motion carried. Article Two: James Traeger Motion by Golz, seconded by Krueger to approve the request for a special exception permit to disturb slopes greater than 20% and for filling and grading in a Shoreland area to construct a home and driveway based on the following findings: 1. The Town of St. Joseph has recommended approval of the request. 2. The plans have been designed by a professional engineer, and approved by the Land and Water Conservation Dept. 3. The applicant has worked with, and received approval from, the appropriate agencies involved. 4. The spirit and intent of the ordinance would be met by granting this request. With the following conditions: 1. This permit allows the applicant to disturb slopes greater than 20% to construct a driveway and house in the shoreland area of Perch Lake. 2. Financial guarantees equal to 120% of approved construction estimates must be submitted for the erosion control and grading activities. Written estimates must be submitted to the Zoning office for review and approval. • 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. 3. The applicant must sign and record a storm water management, maintenance, and monitoring agreement against the deed for the property. The applicant is responsible to provide a recorded copy to the Zoning Office. 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 (best management practices), 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. 7. No structures shall be allowed within 25 feet of any 20 percent slope facing the lake. (See conditions of the conservation easement) This is a requirement of the recorded Conservation Easement for this property. All conditions of the conservation easement remain in effect as recorded. 8. The applicant shall obtain all necessary approvals from the Wisconsin Department of Natural Resources, or a letter from the DNR stating that no permits are required. 6 9. The applicant shall follow the plans as approved by the St. Croix County Land and Water Conservation Department. 10. The applicant must secure a township building permit before commencing construction. 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 project, shall require review and approval by the Zoning Administrator and the Land and Water Conservation Department prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 13. 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: Rose, yes; Peterson, yes; Golz, yes; Krueger, yes; Chairperson Speer, yes. Motion carried. *Note: The Board recommended that a forfeiture be placed on Traeger for violating the Conservation Easement Agreement. The Zoning Administrator will speak with the applicant about the recommendation and then make a decision on an appropriate course of action. Article Three: Canceled Article Four: Patricia and Philip LaVenture Motion by Peterson, seconded by Speer to approve the request for a special exception permit to dredge an unnamed pond to based on the following findings: 1. The Town of Richmond has recommended approval of the request. 2. The plans have been designed and approved by the Land and Water Conservation Dept. 3. The DNR has approved of the project. 4. There were no objections to the request. 5. The project will be an improvement to the pond area and for the wildlife habitat. 6. The spirit and intent of the ordinance would be met by granting this request. With the following conditions: 1. The applicant must install the best management practices (BMP's) prior to commencing the dredging activities. The BMP's shall remain in place until the site is completely established. 2. The applicant shall follow the plans as approved by the St. Croix County Land and Water Conservation Department. 3. The applicant shall obtain all necessary approvals from the Wisconsin Department of Natural Resources. This includes all renewals. 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. 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 and the Land and Water Conservation Department prior to making the change or 7 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: Peterson, yes; Krueger, yes; Rose, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Article Five: Canceled Motion by Peterson, seconded by Golz to adjourn meeting at 12:15 p.m. Respectfully submitted: Richard Peterson, Secretary Debbie Zimmermann, Recording Secretary 8