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HomeMy WebLinkAboutBoard of Adjustment 12-18-03 AGENDA 1 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, December 18, 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: December 9, 2003 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board * CANCELLATIONS /CHANGE S /ADDITIONS OFFICIAL BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES December 18, 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, Richard (Buzz) Marzolf and Stan Krueger were present. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, and Deb Zimmermann, Administrative Assistant. Chairperson. Speer believes this to be a properly noticed meeting. Motion was made by Peterson, seconded by Golz to adopt the agenda. Motion carried. The Board set the next meeting date as January 22, 2004 and will be held in the County Board Room, at the Government Center. The starting time will be 8:30 a.m. MINUTES Motion by Marzolf, seconded by Krueger to adopt the minutes from the November 20, 2003 hearing. Motion carried. 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, December 18, 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 a permit to locate a temporary concrete plant in the commercial district pursuant to Section 17.18(1)(a). APPELLANT: David Wachter, owner/ The Kraemer Co., LLC/ applicant LOCATION: The NW 1 /4 of the NW 1 /4 and the SW 1 /4 of the NW 1 /4, Section 18, T30N- RI 9W, Town of Somerset ADDRESS: Off of County Road V, Town of Somerset 2. ARTICLE: Special Exception request to approve a nonmetallic mining reclamation plan pursuant to 17.15(6)(g) and pursuant to the provisions set forth in Section 226(89). APPELLANT: Anderson Excavating, Inc., owner LOCATION: The NE' /4 of the SE 1 /4, Section 28, T28N -R17W, Town of Rush River ADDRESS: Off of Highway 63 south of Baldwin 3. ARTICLE: Request for an amendment to an existing condition of the Special Exception Permit dated August 9, 2000 for a mini - storage facility in the commercial district. APPELLANT: Harold Wolvert, owner LOCATION: Located in the SE' /4 of the SE 1 /4, Section 15,T30N -R18W, Town of Richmond ADDRESS: 1296 County Road G, New Richmond 4. ARTICLE: Variance request to expand a non - conforming structure in the Ag/Residential District. APPELLANT: Alfred F. Herrmann LOCATION: The SW '/4 of the NW ' / 4, Section 3, T3 ON-RI 7W, Town of Erin Prairie ADDRESS: 1773 County Road J, New Richmond, WI 54017 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 Wachter/ The Kraemer Company LLC Eslinger explained that this request is for a special exception permit to locate a temporary redi -mix plant on the property owned by David Wachter. The property is a 4 -acre commercial piece of property that is adjacent to the State Highway 64 corridor and the concrete will be used for the highway realignment project that is underway. This plant is temporary in nature, and staff would suggest that the Board waive the screening and paving requirements, due to the temporary nature of the project. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Special exception application Exhibit 3: Location map Bennie Stenner, being duly sworn, is representing the Kraemer Company and the owner. He handed out a comment sheet to the Board (labeled as Exhibit 4) and reiterated that the plant will be used for the State Highway project. They will start using this plant in the spring and hope to be done by the end of 2004. It is very important that the plant be located near the project. He asked that the Board consider a bond for this project, and he believes that would be adequate. Stenner told the Board that Kraemer Company has requested that the ordinance be amended to allow this type of plant in the Ag/Residential District, as that would allow theirs to place these plants inside of gravel pits. Right now, the ordinance does not allow that. There is a hearing set with the Planning, Zoning and Parks Committee for this amendment. The Town of Somerset has recommended approval of the request. There was no opposition. The Board will view the site. 2 Article Two: Anderson Excavating, Inc. Eslinger told the Board that this request is for a special exception permit for an after -the- fact reclamation permit to reclaim an area mined within the 100 -foot setback area of an adjoining property line. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Special exception application Exhibit 3: Location map Exhibit 4: Photos Eslinger went over the staff report with the Board, stating that the applicant has started the reclaiming process and is working with an engineer to remedy the situation. Robert J. Anderson, being duly sworn, is the owner of the property. This site has been in operation since 1994, and he was not aware of the buffer area. He has refilled the area and will be placing black dirt and re- seeding the area. The Town Chair for Rush River, Don Schumacher, has verbally indicate that the Town supports the request, providing the applicant follows the approved plans. There were no objections to the request. The Board will view the site. Article Three: Harold Wolvert Eslinger explained that this request is for an amendment to the original condition 14 of the special exception permit granted on August 9, 2000 by the Board of Adjustment for commercial mini storage units. Condition 14 currently states that the project was to be completed by the fall of 2002. The applicant has not been able to complete the project as originally approved, due to financial hardship, but is asking for an extension to take care of this now. Eslinger went over the staff report with the Board, and asked the Board to consider an amendment to condition eight, and to add three more conditions to address a few problems on the site. The Town of Richmond supports the applicant's request. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application Exhibit 3: BOA Decision dated August 8, 2000 Harold Wolvert, being duly sworn, stated that he has reviewed the staff report with Eslinger and has no problem with the added conditions. He went over his plans for the project, stating that he plans to get this taken care of in the spring. He will be putting in hardwoods that will be 6 to 7 feet in height. The grading and paving will be completed, screening will be taken care of with 15 Colorado Blue Spruce at the back of the property, lighting on the third building will be illuminated downward and the site will be cleaned up. He further stated that he has a big problem with people leaving furniture, etc. on the site, and has plans to remedy this situation. There were no objections to the request. The Board will view the site. 3 Article Four: Alfred Hermann Eslinger told the Board that this request is for an 82 -foot variance from the 100 -foot road - right -of -way setback requirement of County Road T (Class C Highway) to allow an expansion of a non - conforming dwelling to add a 22 -foot by 24 -foot garage onto the existing structure. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Variance application Exhibit 3: Photos Eslinger went over the staff report with the Board, pointing out that the majority of the property is subject to the floodplain area of the Willow River. The Town of Erin Prairie has recommended approval of the request. Joe Granberg and Al Herrmann, being duly sworn, are the surveyor and owner of the property, respectively. Granberg reiterated that most of the property is located in the floodplain area of the Willow River. The expansion will be parallel to the road, so will not make the existing structure more non - conforming. Al Herrmann explained his situation to the Board stating that when he bought this home in July of 2003, it was with the understanding that he could add a garage onto the home. He then found out that would not be possible without a variance. Herrmann is disabled and the garage will enable him to get in and out of his home without help from anyone. At the current time, he is not able to do that. The garage would protect the entrance to the home from winter or inclement conditions. The addition would conform to the Victorian look of the home, and Herrmann stated that it would look like it had always been part of the home. Herrmann was a builder in the Twin Cities area for many years. The Board reviewed the map and the photographs of the property with the owner and staff. Granberg added that he has spoken with Jeff Durkee of the Highway Department and there are no plans for future expansion of this road. There was no opposition to the request. The Board will view the site. The Board recessed from 9:55 a.m. to 12:45 p.m. to view the sites. DECISIONS: David Wachter/ The Kraemer Company LLC Motion by Golz, seconded by Krueger to approve the request for a special exception permit to locate a temporary concrete plant in the Commercial District based on the following findings: 1. The Town of Somerset has recommended approval of the request. 2. There was no opposition to the request. 3. The Land and Water Conservation Department has reviewed and approved of the erosion control plans. 4. There are no residents located within 1,000 -feet of the proposed site. 5. There were no objections to the request. 4 6. The Board finds that the project is temporary in nature and will be used for a government highway project. Therefore, the paving, landscaping, lighting and screening requirements for the commercial district will be waived. 7. The Board finds that the spirit and intent of the ordinance would be met by granting this request. With the following conditions: 1. This approval allows the Kraemer Company to locate a temporary redi -mix plant and related equipment and aggregate resources on the Wachter property for upto two years from the date of the decision (December 2005). The Kraemer Company is only permitted to sell redi -mix concrete aggregates to Hoffman Construction Company to be used in the construction STH 64. 2. A financial guarantee equal to 120% of approved construction estimates ($10,800) must be submitted in favor of St. Croix County, to be held by the Zoning Office for the erosion control and site reclamation activities. The financial guarantee period may be for a minimum of one year and shall automatically renew until the county releases any or all of the financial guarantee. • Written estimates must be submitted to the Zoning office for review and approval. • No construction, including earth moving, shall take place prior to approval of the financial guarantees • The applicant shall submit proof that the plans were installed as approved. This shall be a document that county staff can review to ensure the plans were installed in accordance with the original design. • Upon substantial completion of all required improvements, the applicant shall notify the County Zoning Administrator of the completion of the improvements in writing. The County Zoning Administrator, in consultation with appropriate experts, shall inspect the improvements. • The County may retain a portion of the guarantee, for a period not to exceed two years after final acceptance of an improvement to ensure the project has been stabilized, this amount is not to exceed 15% of the cost of the improvement (erosion control and grading activities). 3. 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. 4. The applicant is responsible for the dust abatement. 5. The plant operations shall be conducted during the daylight hours. 6. The property shall be kept in a neat and orderly manner. 7. This approval does not include storage of hazardous materials onsite. 8. 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.] 9. 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. 10. 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 5 commences, the applicant will be required to secure a new special exception permit before starting or completing the project. 11. 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. 12. 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; Golz, yes; Peterson, yes; Marzolf, yes; Chairperson Speer, yes. Motion carried. Article Two: Anderson Excavatin _2, Inc. Motion by Peterson, seconded by Speer to approve the request for a special exception permit to reclaim an area mined within the required 100 -foot setback area from an adjoining property owner based on the following findings: 1. The Town of Rush River has recommended approval of the request. 2. There was no opposition to the request. 3. The plans for the reclamation project have been designed by a Professional Engineer. 4. The Land and Water Conservation Department has reviewed and approved the reclamation plans for the site. 5. The Board finds that granting of the special exception permit is necessary to allow the applicant to reclaim the property and remedy the existing situation. 6. There were no objections to the request. 7. The Board finds that the spirit and intent of the ordinance would be met by granting this request. With the following conditions: 1. Site reclamation is to be completed according to plans presented and approved. Any expansion beyond this legal boundary shall require a new special exception permit. 2. The reclamation shall be completed as shown on approve plans by June 1, 2004. The applicant must contact the Zoning office to conduct a final inspection. 3. Operator /applicant shall comply with all of the general requirements and conditions listed in the non - metallic mining & reclamation ordinance (Ordinance # 226 (89) (unless varied per conditions). (Attached for the decision) 4. The applicant must file with the Zoning Office a reclamation guarantee of $3,000 per acre, or portion thereof, in the form of a bond, letter of credit or cash, to be deposited in an escrow account. The Zoning Office will hold this guarantee until the site is established with vegetation. 5. Refueling shall occur in a self - contained area where spillage can be captured. 6. Applicant is responsible for dust abatement during the duration of the permit. 7. Permit includes temporary placement of equipment necessary to conduct the mining operation. 8. All petroleum products shall be stored in full compliance with state and federal regulations. 6 9. Any change (or addition) in use, or expansion of the reclamation non - metallic mining project shall require review and approval by the Zoning Administrator and in some circumstances through the Special Exception approval process, where applicable, as stated in the ordinance. 10. All other conditions will remain the same as specified in the original Special exception permit. 1 t. 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. 12. 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: Marzolf, yes; Krueger, yes; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Article Three: Harold Wolvert Motion by Krueger, seconded by Peterson to approve the request for an amendment to Conditions 8 and 14 of the original special exception permit dated August 9, 2000, as discussed at the hearing, and will now read as follows: 8) Outdoor storage is prohibited this includes such things as equipment, automobiles, trucks, semi - trailers, semi - tractors, contractor trailers, machinery, etc ... this list is not all - inclusive. 14) The Zoning Office is to be notified at the start and the finish of the project. Project is to be completed in its entirety, as approved, by December 2008. The applicant is required to have the permit renewed if the project is not completed by December of 2008. The renewal shall require a new hearing and permit fee. The amendment was approved based in the following findings: 1. The Board finds that by granting the request, the overall site conditions will be improved. The permit was approved in August of 2000, and this is a continuation of that original request. 2. The Board finds that the applicant has demonstrated that he is acting in good faith by remedying the current situation. 3. The Town of Richmond supports this request 4. The Board finds that the spirit and intent of the ordinance would be met by granting this request. With the additional conditions: 18. The storage of, and /or disposal of junk, garbage, debris, furniture, appliances, small engines, automotive parts, discarded wood products is not allowed on the property. The site shall remain in a neat and orderly manner. 19. 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. 20. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. 7 The remaining BOA approval will remain in full effect as approved by the Board. The following conditions must be satisfied before the applicant is allowed to construct additional storage buildings at this property and no building permit is to be issued until this takes place: 2. The applicant shall receive approval for the building plans from the Wisconsin Department of Commerce. Applicant shall submit a copy of the state approved building plans to the Zoning Office prior to commencing construction. 4. Site will be completely graded within 1 year of approval. (Roger Humphrey, P.E., indicated in his letter dated November 12, 2003 that 90% of the lot was graded.) 6. Screening to be completed according to the plans submitted. 10. The applicant shall provide a hard surface (asphalt or concrete) on all interior driving areas within six months of the completion of such building (mini- storage facility). Each building requires hard surfacing (minimum of 16 ft) around the perimeter within 6 months of completion. 12. Security lighting to be installed. Lighting must be illuminated downward and is to be shielded away from neighboring properties. The applicant is to notify the Zoning Office by June 1, 2004 that the above conditions have been satisfied. Failure to comply may result in a revocation of this permit. The following vote was taken to approve: Golz, yes; Krueger, yes; Peterson, yes; Marzolf, yes; Chairperson Speer, yes. Motion carried. Article Four: Alfred Herrmann Motion by Marzolf, seconded by Krueger to approve the request for an 82 -foot variance from the 100 -foot road right -of -way requirement of County Road T to allow the expansion of a non - conforming structure based on the following findings: I . The Town of Erin Prairie has recommended approval of the request. 2. There was no opposition to the request. 3. The applicant has been working with a Registered Land Surveyor in the designing of the plans for the project. 4. The Board finds that the addition to the existing structure will be located parallel to the road, making the addition no closer to the road than the structure currently is. 5. The Board finds that the floodplain area of the Willow River limits the area where a garage can be located. The proposed location is the only feasible site for a garage, due to the uniqueness of the property in relation to the floodplain. 6. The Board finds that this is a reasonable request and denial of the request would constitute an unnecessary hardship. The applicant is handicapped and due to the climate in this area, the garage is necessary to shelter the exit of the home from harsh weather to allow the applicant access in and out of the existing home. 7. The applicant has testified that the garage will blend in with the Victorian style of the existing structure. 8. The Board finds that the request is not contrary to the public interest. 9. The Board finds that the spirit and intent of the ordinance would be met by granting this request. 8 The following vote was taken to approve of the variance request: Golz, yes; Peterson; Krueger, yes; Marzolf, yes; Chairperson Speer, yes. Motion carried. Motion by Peterson, seconded by Speer to adjourn the hearing at 2:00 p.m. Motion carried. Respectfully submitted: 1 4R] iard Peterson, Secretary D bie Zimmerm V Recording Secretary 9