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HomeMy WebLinkAboutBoard of Adjustment 01-23-03 x 7 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, January 23, 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: January 15, 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, January 23, 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 rock riprapping for shoreline protection pursuant to Section 17.36(6)(a)(3). Request is to rip rap the shoreline of a property along the St. Croix River to repair high water damage. APPELLANT: David and Eileen Zimmerman LOCATION: St. Croix Cove Lot 4 and Lot 5, Section 13, T28N R20W, Town of Troy ADDRESS: 302 E. Cove Road, Hudson, Wisconsin 2 ARTICLE: Special Exception request for a commercial business pursuant to Section 17.18(1)(a). Request is to operate Jack's Truck and Trailer Repair on an existing commercial site. APPELLANT: TMI Properties, Inc., owner/ David E. Wilkens and Keith Brown, agents LOCATION: Located in part of the NE' /4 of the SE 1 14, Section 33, T29NRl8W, Town of Warren ADDRESS: 644 Starr Lane, Roberts, 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) 3864680. Julie Speer, Chairperson St. Croix County Board of Adjustment OFFICIAL BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES January 23, 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 Stan Krueger were present. Tom rose 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 Golz seconded by Peterson to adopt the agenda. Motion carried. The Board set the next meeting date as February 27, 2003 and will be held in the County Board Room, at the Government Center. The starting time will be 8:30 a.m. r MINUTES Motion by Peterson, seconded by Golz to adopt the minutes from the December 18 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, January 23, 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 rock riprapping for shoreline protection pursuant to Section 17.36(6)(a)(3). Request is to rip rap the shoreline of a property along the St. Croix River to repair high water damage. APPELLANT: David and Eileen Zimmerman LOCATION: St. Croix Cove Lot 4 and Lot 5, Section 13, T28N -R20W, Town of Troy ADDRESS: 302 E. Cove Road, Hudson, Wisconsin 2 ARTICLE: Special Exception request for a commercial business pursuant to Section 17.18(1)(a). Request is to operate Jack's Truck and Trailer Repair on an existing commercial site. APPELLANT: TMI Properties, Inc., owner/ David E. Wilkens and Keith Brown, agents LOCATION: Located in part of the NE 1 /4 of the SE 1 /a, Section 33, T29N -R18W, Town of Warren ADDRESS: 644 Starr Lane, Roberts, 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: David and Eileen Zimmerman Eslinger explained that this request is for a special exception permit to repair an existing riprap barrier on the bank of the St. Croix River. The following exhibits were introduced: 1. Staff Report 2. Application for special exception with narrative 3. Location map 4. Photos The property is located off of Cove Road. Approximately 155 -feet of new rock riprap, to an elevation of 693 feet, is to be installed to repair the damaged riprap. The applicant has obtained a Chapter 30 Permit from the DNR, but that has been placed on hold until a special exception permit is received from the county. The Town of Troy has recommended approval of the request. The Land and Water Conservation Department has approved the plans for the project. Troy Nemmers, being duly sworn, is with Humphrey Engineering and is representing the Zimmermans. Nemmers designed the plan for this project and reiterated that there was extensive damage done to the existing fieldstone, along with a great deal of erosion. The bank of the river is only 20 -30 yards from the home, so it is important to get this project completed before spring. Eslinger stated that this is an unusual situation and due to the lay of the land, 693 feet above mean seal level is as high as they can go with the riprap. There was no opposition to the request. Article Two: TMI Properties/ David Wilkens, Keith Brown Eslinger told the Board that this request is for a special exception permit to operate Jack's Truck and Trailer Repair business in an existing building on a commercially zoned property along I -94 in the Town of Warren. The following exhibits were introduced: 1. Staff Report 2. Application for special exception with narrative 3. Location map 4. Photos 2 The original permit for a business on this site was given to Commercial Transmission, Inc. by the Board on August 22, 2002 to operate a light and heavy transmission repair business. Jack's Truck and Trailer Repair would utilize one of the three bays located in the existing building. There would be two full -time employees. The septic system is sized accordingly for the number of people that would be employed at the site. The septic system is currently designed for a maximum of 10 employees. The DOT has previously approved access to the site. The staff is not aware of any action taken by the Town of Warren, and the applicant may address this. David Wilkens, being duly sworn, is the applicant and owner of Jack's Truck and Trailer Repair. The business has outgrown the site in River Falls, and they would like to move to this commercial building. The Town of Warren held a meeting last evening (Jan. 22, 2003), and recommended approval of the request. Wilkens presented a letter to the Board from the Town of Warren, dated January 22, 2003, stating approval of the special exception request. The letter was labeled as Exhibit 5. The applicant explained that the hours of operation would be normal business hours of 7:00 a.m. to 7:00 p.m., but due to the nature of the business, there may be someone in and out 24 hours a day, on occasion. Discussion held on signage. Wilkens is willing to work with staff on this, adding that he believes it is important that the signs are visible enough for people to see from the interstate, in case of an emergency and help is needed. They also plan to keep a wrecker at the site to use for rescuing accident victims on the interstate and surrounding areas. The staff will work with the applicant on signage and landscaping design. There was no opposition to the request. The Board recessed from 9:25 a.m. to 9:40 a.m. DECISIONS: Article One: David and Eileen Zimmerman Motion by Golz, seconded by Peterson to approve the request for a permit to riprap along the shoreline of the St. Croix River to repair high water damage based on the following findings: 1. The permit is needed to repair and protect the shoreline of the property. 2. The Town of Troy has approved of the request. 3. The plans have been designed by a professional engineer, and approved by the Land and Water Conservation Dept. 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. The applicant shall work with the Zoning and Land and Water Conservation Staff during this project to insure that the plans are implemented as designed and approved. 2. Within one month of completion of the project, the applicant shall submit a statement/certification from the project engineer stating that the riprapping project was completed in accordance with the designed plans as approved. 3 3. The applicant is to notify the Zoning Office at the commencement and completion of the project. 4. Comply with all DNR and Army Corps of Engineers requirements and obtain any permits necessary. 5. The applicant shall have one (1) year from the issuance of the Special Exception permit to act on the Special Exception Permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before commencing the rock rip -rap project. 6. Any minor change (or addition) in expansion of the project 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. 7. 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. 8. 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. Article Two: TMI Properties/ David Wilkens, Keith Brown Motion by Krueger, seconded by Golz to approve the request for a permit to operate Jack's Truck and Trailer Repair on an existing commercial site based on the following findings: 1. The Town of Warren approved the request in a letter dated January 22, 2003. 2. The business is compatible with the surrounding uses in the area. 3. The business serves a public need. 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 permit is for Jack's Truck and Trailer Repair to operate a heavy truck repair business at this property. On August 22, 2002, Commercial Transmission Inc. was approved by the Board of Adjustment to operate a light and heavy transmission repair business at this property. The Truck and Trailer Repair business would operate on the property in addition to the existing commercial use. 2. Both businesses must maintain a minimum of 1 paved parking space for each 200 -sq. ft. of ground floor area plus at least one additional parking space for each 500 square feet of upper floor area. There are 10 parking spaces provided; including one handicap accessible space. 3. Applicant to maintain proper state licensing to operate the business. 4. The property shall be kept in a neat and orderly manner. 5. A landscaping/screening plan must be submitted to the Zoning Department for review and approval. The applicant shall facilitate planning efforts with the owner of Commercial Transmission. The landscaping/screening plan shall include 3 to 4 foot evergreens every 20 feet along the I -94 corridor and a grouping 4 of evergreens along the property facing Starr Lane. The plantings must be completed within six (6) months of approval of this decision (July 2003). 6. Due to the nature of the business, the hours of operation will be 24 hours per day. 7. The applicant shall submit a detailed dimensional site plan to the Zoning Office for their review before any signage is installed. The cumulative onsite signage (on building and free - standing) advertising both businesses is not to exceed 200 square feet. This parcel is allowed one free - standing sign, not to exceed 100 - square feet in size, with a maximum of 35 -feet in height and to be located at least 10 -feet from all property lines. Any other signage must be approved by the Zoning Department and must strictly adhere to the St. Croix County Sign Ordinance. 8. This approval does not include storage of hazardous materials onsite. 9. All outside storage must be located inside the existing fenced area. 10. All utilities, including electric, cable television, telephone, gas, water, storm and sanitary sewers, except electric power lines exceeding 1200 volts, shall be underground [sec. 17.18 (1)(f) 4.] 11. Security lighting to be installed. Lighting must be illuminated downward and is to be shielded away from neighboring properties. (A light plan may be required, if warranted). 12. The applicant shall have the Zoning Director review this special exception permit in two years from the approval date for compliance with this approval (January 2005). 13. Any change (or addition) in use, or expansion of the project, including building, signage, shall require review and approval by the Zoning Director 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. By accepting this approval the owner(s) are ultimately responsible for compliance with the conditions of this approval. The following vote was taken to approve: Krueger, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Meeting declared adjourned by Chairperson Speer at 10:10 a.m. Respectfully submitted: ichard Peterson, Secretary Debbie Zimm rmann, cording Secretary 5