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HomeMy WebLinkAboutBoard of Adjustment 02-27-03 X 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, February 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: February 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, February 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: Variance request to the Class "D" Highway requirements pursuant to Section 17.64(1)(d)2. The request is for a 4 -foot variance from the 100 -foot road right-of-way setback to allow the existing home to remain in its present location. APPELLANT: Tony Smith, owner/ Kernon Bast, agent LOCATION: The NW % of the SE %, Section 3 T281`4-R1 9W, Town of Troy ADDRESS: 542 Trillium Lane, Hudson, WI 2. ARTICLE: Special Exception request for a two family dwelling in the Ag /Residential District pursuant to Section 17.15(6)(a). Request is construct a duplex on approximately 8- acres. APPELLANT: Troy Johnson, owner/ Chad Moe, agent LOCATION: The NE % of the NW A Section 7, T28N -R1 7W, Town of Pleasant Valley ADDRESS: Off of County Road J, Roberts, Wisconsin i 3. ARTICLE: Variance request to the 200 -foot driveway separation distance pursuant to Section 17.64(5)(a)3. Request is to allow access for a driveway off of a temporary culde -sac. APPELLANT: Edward O'Kane LOCATION: Located in part of the NW % of the NE %, Section36, T30N -R20W, Town of St. Joseph ADDRESS: Off of 13d"' Street, Hudson, Wisconsin 4. ARTICLE: Variance request to the following County Highway setback requirements to construct a cold storage facility for the existing commercial business: • Class "A" Highway requirements pursuant to Section 17.64(1)(a)2. The request is for a 35 -foot variance from the 50 -foot road right-of-way setback of the realigned State Highway 64 • Class "D" Highway requirements pursuant to Section 17.64(1)(d)2. The request is for a 75 -foot variance from the road right-of -way of 38 street and a 68 -foot variance from the road right-of-way of 169 Avenue. APPELLANT: Russell Rastetter LOCATION: The NE% of the NE %, Section 7, T30N -R19W, Town of Somerset ADDRESS: Traditional Woodworks & Lumber Co., 1679 38 St., Somerset, WI All interested erson p sar e 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) 3864680. Julie Speer, Chairperson St. Croix County Board of Adjustment OFFICIAL BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES February 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, and Tom Rose were present. Stan Krueger was absent and excused. 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 Rose to adopt the agenda. Motion carried. The Board set the next meeting date as March 27, 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 Golz, seconded by Peterson to adopt the minutes from the January 23, 2003 hearing as written. Motion carried. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available today if needed. ANNOUNCEMENTS Eslinger introduced Steve Olson to the Board. Olson has been hired to take David Sander's position at the Land and Water Conservation Department. He will be working with zoning on non - metallic mining issues and large dairy applications. 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, February 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: Variance request to the Class "D" Highway requirements pursuant Section 17.64(1)(d)2. The request is for a 4 -foot variance from the 100 -foot road right -of -way setback to allow the existing home to remain in its present location. APPELLANT: Tony Smith, owner/ Kernon Bast, agent LOCATION: The NW ' / 4 of the SE' /4, Section 3 T28N -R19W, Town of Troy ADDRESS: 542 Trillium Lane, Hudson, WI 2. ARTICLE: Special Exception request for a two family dwelling in the Ag/Residential District pursuant to Section 17.15(6)(a). Request is construct a duplex on approximately 8- acres. APPELLANT: Troy Johnson, owner/ Chad Moe, agent LOCATION: The NE ' / 4 of the NW '/4, Section 7, T28N -R17W, Town of Pleasant Valley ADDRESS: Off of County Road J, Roberts, Wisconsin 3. ARTICLE: Variance request to the 200 -foot driveway separation distance pursuant to Section 17.64(5)(a)3. Request is to allow access for a driveway off of a temporary cul -de -sac. APPELLANT: Edward O'Kane LOCATION: Located in part of the NW' /4 of the NE 1 /4, Section 36, T30N -R20W, Town of St. Joseph ADDRESS: Off of 130 Street, Hudson, Wisconsin 4. ARTICLE: Variance request to the following County Highway setback requirements to construct a cold storage facility for the existing commercial business: • Class "A" Highway requirements pursuant to Section 17.64(l)(a)2. The request is for a 35 -foot variance from the 50 -foot road right -of -way setback of the realigned State Highway 64 • Class "D" Highway requirements pursuant to Section 17.64(1)(d)2. The request is for a 75 -foot variance from the road right -of -way of 38 street and a 68 -foot variance from the road right -of -way of 169 Avenue. APPELLANT: Russell Rastetter LOCATION: The NE' /4 of the NE' /4, Section 7, T30N -R19W, Town of Somerset ADDRESS: Traditional Woodworks & Lumber Co., 1679 38 St., Somerset, 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: Tony Smith Eslinger explained that this request is for a 4 -foot variance from the centerline of a Class D Highway to allow an existing garage to remain within the right -of -way setback. The following exhibits were introduced: 1. Staff Report 2. Application for variance 3. Site location map 4. Guide to considering variance requests 5. Photos 2 Eslinger explained that the variance request is for a new home that was constructed a few years ago. A mortgage survey was recently done on the home, and it was found that the NE corner of the garage was located in the highway setback. The realtor, Kernon Bast, brought this problem to the attention of the Zoning Office. Kernon Bast, being duly sworn, is the agent for the property. He told the Board that there is no good explanation for this happening. The excavator and builder are very reputable, and it was done by mistake. The local building inspector was at the site three times for an inspection, and the discrepancy was not caught. Bast believes it would be a hardship to move the garage 4 -feet on a $300,000 home. He asked that the Board consider approving the variance. They are taking steps to see that this does not happen again. This item will be heard by the Town of Troy at their March meeting. There was no opposition to the request. The Board will view the site. Article Two: Troy Johnson, owner/ Chad Moe, agent Eslinger told the Board that this request is for a special exception permit to construct one duplex on a 7.9 -acre lot in the Ag/Residential District. The following exhibits were introduced: 1. Staff Report 2. Application for special exception with narrative 3. Location map 4. Photos 5. Letter from adjoining property owner objecting to the request. Eslinger explained that the Town of Pleasant Valley has recommended approval of the request with a suggested condition that the duplex be allowed only one owner. Discussion held. Fisher told the Board that he believes it is not appropriate to regulate the ownership of the property. Two - family dwellings (duplexes) are allowed per our ordinance with a special exception permit. The Town of Pleasant Valley has a minimum lot size of 5- acres, so this property would not be able to be subdivided. Chad Moe, being duly sworn, is the agent for the request. He explained that he does not currently own the property, and is in the process of buying it. He addressed the concerns of the objecting neighbor, stating that they plan to have a nice home on the lot, and he and the other owner plan to live in the home. He explained that there will be a single driveway with a turn - around area that will be put in place to accommodate the cars. The Board reviewed the site plan and'the plans for the duplex. Karry Kizlik, being duly sworn, stated her opposition to the request. She was not aware that Moe does not currently own the property. She explained that they have had numerous problems with rental property in the area and is concerned that this may become another problem. Eslinger stated that if there are any issues with previous special exceptions, the county has a violations officer that may be contacted to help resolve these matters. The Board will view the site. 3 Article Three: Edward O'Kane Eslinger told the Board that the applicant is requesting a variance from the driveway separation standard to construct a temporary driveway to a lot off a temporary cul -de -sac located at the end of 25 Street in the Birch Park Subdivision. The proposed driveway would serve the new lot until 25 Street is extended, at which time the driveway would be relocated to comply with the ordinance standards. The following exhibits were introduced: 1. Staff Report 2. Application for variance 3. Site location map 4. Guide to considering variance requests 5. Photos The staff went over the maps of the site with the Board, pointing out that the applicant does not have access to this property without the variance. Fisher drew a diagram on the board, explaining that this is a complicated matter, and at the time the roads were designed in Birch Park, they tried to accommodate all of the owners (O'Kane and Dahlke) for future accesses to their properties. Fisher reiterated that this would be a temporary variance until the time that the road is extended. Pat Schultz, being duly sworn, is the surveyor for the property, and Ed O'Kane, being duly sworn, is the owner. Schultz said that the Town Planning Commissions has approved of the map and the variance. They will be going to the Town Board in the near future. The Town has stipulated that the driveway should be moved to comply with the ordinance standards when the road is extended. Schultz stated that they will work with the town and county on this. He further explained that by adding this driveway, there would be three driveways on the cul -de -sac, and that is not unusual. Lloyd Dahlke, being duly sworn, is in opposition of the request. He pointed out that there are better places for this road to be built than where it is. He believes the town and county made a big mistake when these roads were planned, and would like to see this re- looked at. Eslinger told the Board that he has spoken with Qwest Development, the developers of Birch Park, and they have no problem with the variance request. The Board will view the site. Article Four: Russell Rastetter Eslinger told the Board that this is a variance request to highway setbacks to allow the applicant to construct a cold storage facility for an existing commercial business. Eslinger explained that this is a very complicated variance request, as due to the realignment of State Highway 35/64, this existing commercial business cannot meet the setback from three roads. The following exhibits were introduced: 1. Staff Report 2. Application for variance 3. Site location map 4 4. Guide to considering variance requests 5. Photos A special exception permit for this existing business "Traditional Woodworks" was granted by the Board of Adjustment on January 27, 2000. The applicant's request for a cold storage facility is for storage of lumber for his business. The Wisconsin Department of Transportation has granted an exception for a reduced setback to the State Highway, and has approved of the variance in a letter dated December 15, 2002. The Town has approved of the variances from the town roads, but denied the variance from the State Highway. Eslinger explained that the town roads will be abandoned when the new highway is completed. Russell Rastetter, being duly sworn, is the owner and has lived at the property since 1978. He thanked the staff for all the help they have given him, as it has been a very difficult process due to the realignment of the highway. He went over the maps of the property with the Board, pointing out that the location he has chosen for the cold storage building is about the only place on the property where it can be located. The property is screened by evergreens. There was no opposition by neighboring property owners. The Board will view the site. The Board recessed from 10:15 a.m. to 12:25 a.m. DECISIONS: Article One: Tonv Smith Motion by Golz, seconded by Speer to approve the variance request for a 4 -foot variance from the centerline of a Class D Highway to allow an existing garage to remain within the right -of -way setback based on the following findings: 1. The variance request is minimal, alleviating the hardship to allow for the garage to remain in its existing location. 2. There were no objections to the request. 3. The error was not an egregious act. The builder believed that the home met the setbacks. The home was inspected by the Town building inspector and was determined at the time that all setback requirements had been met. 4. The granting of the variance will not be contrary to the public interest and the character of the neighborhood will not be impacted. 5. The Board finds that a literal enforcement of the ordinance would create an unnecessary hardship for the applicant. 6. The spirit and intent of the ordinance would be met by granting this request. With the following condition: 1. The applicant is to receive approval from the Town of Troy and that approval is to be forwarded to the County. The following vote was taken to approve: Peterson, yes; Golz, yes; Rose, yes; Chairperson Speer, yes. Motion carried. 5 Article Two: Troy Johnson, owner/ Chad Moe, agent Motion by Rose, seconded by Peterson to approve the request for a permit to construct a two - family home in the Ag/Residential District based on the following findings: 1. The Town of Pleasant Valley has approved the request. 2. The use is allowed in the Ag/Residential District with a Special Exception Permit. 3. The lot is 7.9 acres in size and is an adequate size for a two family dwelling. 4. There is a suitable site on the property to locate a sanitary system. 5. The spirit and intent of the ordinance would be met by granting this request. With the following conditions: 1. This permit allows the applicant to construct one duplex (one two- family dwelling) on lot 4 of the approved CSM Volume 13, Page 3602. For any other use, the dwelling would have to fully comply with the provisions of the St. Croix County Land Use Regulations. 2. Applicant shall secure a sanitary permit for each structure from the Zoning Office and a building permit prior to commencing construction. 3. The best management practices (silt fence) must be installed before commencing grading activity (site preparation) for the project. 4. Applicant to maintain at least 1 %2 off street parking spaces for each family for which accommodations are provided in the building plus one more space per building per section 17.57 (2) Applicant to submit a revised site plan indicating the parking plan for the site, and have approved by the Zoning staff. 5. The property shall be kept in a neat and orderly manner. All outside storage of garbage containers shall be screened and protected from rodents. No junk, junk cars or garbage shall be allowed to accumulate on the property that may attract rodents or pose a threat to the health, safety and welfare of those citizens of St. Croix County. 6. All driving and parking areas must be provided with a dust free surface (asphalt/concrete /road millings, etc...). The applicant must submit a paving plan to the Zoning Office prior to commencing this project. 7. Any proposed lighting is to be directed away from neighboring properties. 8. The Zoning office is to be notified at the start and the finish of the project. 9. 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. 10. 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. 11. The applicant shall have one (1) year from the issuance of the special exception permit to commence the construction. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before business commences, the applicant will be required to secure a new special exception permit before starting or completing the project. 12. 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. 6 • 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; Chairperson Speer, yes. Motion carried. Article Three: Edward O'Kane Motion by Golz, seconded by Rose to approve the variance request to the driveway separation standard to construct a temporary driveway to serve a lot off of a temporary cul -d -sac based on the following findings: 1. The Board finds that the surveyor addressed all of the issues in question regarding the variance request. 2. The required easements for the town and the county will be addressed at the time of plat approval. 3. The granting of the variance will not be contrary to the public interest and the character of the neighborhood will not be impacted. 4. The Board finds that a literal enforcement of the ordinance would create an unnecessary hardship for the applicant. 5. The spirit and intent of the ordinance would be met by granting this request. With the following conditions: 1. The applicant is to receive approval from the Town of St. Joseph and that approval is to be forwarded to the County. 2. The applicant is to work with the County staff on the driveway crossing and submit plans for the appropriate size culvert. 3. The owner has indicated that the driveway would be re- located at the time that the road is built. The following vote was taken to approve: Peterson, yes; Rose, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Article Four: Russell Rastetter Motion by Rose, seconded by Peterson to approve the applicant's request for a 35 -foot variance from the 50 -foot road right -of -way setback of the realigned State Highway 35/64, a 75 -foot variance from the road right -of -way of 38 street and a 68 -foot variance from the road right -of -way of 169 Avenue to allow a cold storage building to be constructed on the property, based on the following findings: 1. The Board finds that the area is an appropriate site for a commercial use. The applicant has taken into consideration good planning practices in designing the location of the proposed building on the site. 2. There is appropriate screening on the site. 3. There was no public objection to the variance. 4. The Department of Transportation has approved the request and granted an exception for a reduced 15 -foot highway setback from the DOT right -of -way line in accordance with department administrative rules. 5. The existing town roads, 38 Street and 169 Avenue, will be vacated at the time of the realignment of STH 35/64, and the need for a variance will no longer exist. 7 r a 6. The Board finds that this is a unique circumstance, with the property being surrounded on all sides by the realignment of STH 35/64. A literal enforcement of the ordinance would result in an unnecessary hardship for the applicant. 7. The granting of this variance would not cause harm to the public interest. 8. The spirit and intent of the ordinance would be met by granting this request, and substantial justice done. The following vote was taken to approve: Rose, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Motion by Peterson, seconded by Golz to adjourn meeting at 1:15 p.m. Respectfully submitted: ichard Peter on, Secretary Debbie Zimmerm , ecording Secretary 8