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HomeMy WebLinkAboutBoard of Adjustment 10-23-03 Y rt 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, October 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: 1) Ryan and Rachel Flattum: Discuss tabled special exception request for a major home occupation. 2) Geraldine SwensenBruce Lenzen: Discuss tabled requests for a special exception and variance to construct a new home in the St. Croix Riverway District. 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: October 14, 2003 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board * CANCELLATIONS /CHANGE S /ADDITIONS AMENDED PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, October 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: Variance request to the sideyard setback requirements pursuant to Section 17.36(6)(g) The request is for a 3 -foot variance from the 25 -foot sideyard setback requirements to accommodate the 3 -foot dimension of the overhangs of the roof of a new home. 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 2. ARTICLE: Appeal of Administrative Decision pursuant to St. Croix County Zoning Ordinance Section 17.70(6) and Section 17.36(7)(c)2. Applicant is appealing an administrative decision to allow a garage to be constructed within the setbacks of the St. Croix Riverway District. APPELLANT: Patrick and Kitty Delaney, owners/ Barry Lundeen, agent LOCATION: Section 13, T28N -R20W, Town of Troy LOCATION: 304 Cove Road, Hudson, Wisconsin 3. ARTICLE: Variance request to the Class "D" Highway requirements pursuant to Section 17.64(1)(d)2. The request is for a 10 -foot variance from the 133 -foot centerline setback to 210 Avenue to allow an addition onto an existing home. APELLANT: Alice Lewerenz, owner/ Home Tec, agent LOCATION: The NW 1 /4 - NE 1 /4, Section 20, T31N -R17W, Town of Stanton ADDRESS: 1553 210thAvenue, New Richmond, WI 54017 4 ARTICLE: Special Exception request for a permit to expand a commercial site pursuant to Section 17.18(1). Request is for additional mini - storage units in a Commercial District. APELLANT: Paul Hanson, owner/ Matt Hieb, agent LOCATION: The SW 1 /4 - SW '/4, Section 1, T30N -R19W, Town of Richmond ADDRESS: 1703 140 St., New Richmond, WI 54017 5. ARTICLE: Special Exception request to expand a commercial building pursuant to Section 17.18(1)(e). Request is to build a 40 -foot by 134 -foot addition onto the existing commercial building for additional warehouse space for the business. APELLANT: Donald L Anderson LOCATION: The NW 1 /4 -SE 1 /4, Section 22, T30N -R20W, Town of St. Joseph ADDRESS: 14467 th Street Houlton, WI 54082 6. ARTICLE: 1) Variance request to the Class "B" Highway requirements pursuant to Section 17.64(1)(b). Request is for a 50 -foot variance from the 100 -foot road right -of -way to allow B & L Liquor to replace an existing liquor store with a new building that would be less non - conforming that the original store, which is currently 25 -feet from the road right -of -way. 2) Special Exception request to allow the expansion of an existing commercial business pursuant to Section 17.18(1)(e). Request is to allow B & L Liquor to construct a new 10,000 square foot building on the site for their existing commercial business. *3) Variance request to Section 17.57(5). Applicant requesting to reduce number of parking spaces from 50 to 28. APELLANT: Albert Severson, owner/ Mark Lewis, agent LOCATION: The NW 1 /4 of the NE 1 /4, Section 27, T30N -R20W, Town of St. Joseph ADDRESS: 1369 Highway 35, Houlton, WI 54082 7. ARTICLE: Special Exception request for a permit to expand a commercial site pursuant to Section 17.18(1). Request is to expand an existing commercial site to allow additional mini - storage units in a Commercial District. APELLANT: Wildwood View, Inc -Spring Valley Mini Storage LLC, owner / Gerald Falde, agent LOCATION: The NE 1 /4- SE 1 /4, Section 35, T28N -R16W, Town of Eau Galle ADDRESS: 40 County Road B, Woodville, WI 54028 8. ARTICLE: Special Exception request for a permit for filling and grading in the Shoreland District of Squaw Lake pursuant to Section 17.29(2). Request is for an after - the -fact filling and grading permit to remove fill placed below the OHWM of Squaw Lake and to restore the site back to its original condition. APELLANT: Julie Orf, owner LOCATION: Part of the SE 1 /4- NE 1 /4, Section 17, T3 IN-RI 8W, Town of Star Prairie. ADDRESS: 2150 Shore Drive, Somerset, WI 54025 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 v � OFFICIAL BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES October 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, Stan Krueger and Richard (Buzz) Marzolf were present. Staff included: Rod Eslinger, Zoning Specialist, Deb Zimmermann, Administrative Assistant, and Greg Timmerman, Corporation Counsel. Chairperson Speer believes this to be a properly noticed meeting. Motion was made by Golz, seconded by Krueger to adopt the agenda. Motion carried. The Board set the next meeting date as November 20, 2003 and will be held in the Community Room, at the Government Center. The starting time will be 8:30 a.m. MINUTES Motion by Peterson, seconded by Golz to adopt the minutes from the September 25, 2003, with one typographical correction on page 4. Motion carried. OLD BUSINESS: Ryan and Rachel Flattum: Eslinger explained that this request for a major home occupation was tabled at last month's meeting. The request is for a 180 -foot variance to the 500 -foot setback standard from any pre- existing neighboring residence for a major home occupation. Along with this variance, the applicant is asking for a special exception permit for a major home occupation for an automotive repair business to be operated from a pole shed on the property. The Board approved two variances from the road right -of -ways of County Road I and E at its meeting on September 25, 2003. The Town has recommended approval of the major home occupation and the variance request with some suggested conditions. Mike Waterman and Ryan Flattum, were sworn in. Waterman is the attorney for Flattum and stated that information was presented at last meeting and there is nothing new to present today. He noted that the proceedings with the Town of St. Joseph went very smoothly and the Town unanimously approved of the request at its last meeting. Flattum has been working very hard with everyone to meet the conditions and requirements necessary to allow him to have this business. Waterman stated that the Town Board had some questions on water sources relating to the business. Flattum explained that the gray water that is produced from the business will be kept in a separate container and then dumped into the septic tank. A picture of the container that holds the gray water was labeled as Exhibit 3. Eslinger added that the domestic waste water will need to be treated in an approved private onsite wastewater treatment system and the hazardous waste in a DNR approved tank. The Town of St. Joseph fire department has been out to the business and conducted a site check. The fire department will inspect the premises twice a year. Flattum stated that the hours of operation will not be regular hours like some businesses. The hours vary, as he will just be working on his own and has no employees. The following people expressed their opposition: Bill Dunn, Jim Traeger and Warren Anderson. The concerns were: Hours of operation should not go past 6:00 p.m.; too many cars sitting outside; close proximity to the Willow River; not a compatible business with surrounding land uses. Dunn added that he is on the St. Joseph Planning Commission and the Plan Commission recommended approval of the request, but he voted in opposition as a member of the Plan Commission. The Board will view the site. 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: AMENDED PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, October 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: Variance request to the sideyard setback requirements pursuant to Section 17.36(6)(g). The request is for a 3 -foot variance from the 25 -foot sideyard setback requirements to accommodate the 3 -foot dimension of the overhangs of the roof of a new home. 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 2. ARTICLE: Appeal of Administrative Decision pursuant to St. Croix County Zoning Ordinance Section 17.70(6) and Section 17.36(7)(c)2. Applicant is appealing an administrative decision to allow a garage to be constructed within the setbacks of the St. Croix Riverway District. APPELLANT: Patrick and Kitty Delaney, owners/ Barry Lundeen, agent LOCATION: Section 13, T28N -R20W, Town of Troy LOCATION: 304 Cove Road, Hudson, Wisconsin 3. ARTICLE: Variance request to the Class "D" Highway requirements pursuant to Section 17.64(1)(d)2. The request is for a 10 -foot variance from the 133 -foot centerline setback to 210"' Avenue to allow an addition onto an existing home. APELLANT: Alice Lewerenz, owner/ Home Tec, agent LOCATION: The NW 1 /4- NE 1 /4, Section 20, T31N -R17W, Town of Stanton ADDRESS: 1553 210thAvenue, New Richmond, WI 54017 4 ARTICLE: Special Exception request for a permit to expand a commercial site pursuant to Section 17.18(1). Request is for additional mini - storage units in a Commercial District. APELLANT: Paul Hanson, owner/ Matt Hieb, agent 2 w LOCATION: The SW 1 /4 - SW 1 /4, Section 1, T30N -R19W, Town of Richmond ADDRESS: 1703 140' St., New Richmond, WI 54017 5. ARTICLE: Special Exception request to expand a commercial building pursuant to Section 17.18(1)(e). Request is to build a 40 -foot by 134 -foot addition onto the existing commercial building for additional warehouse space for the business. APELLANT: Donald L Anderson LOCATION: The NW 1 /4 -SE 1 /4, Section 22, T30N -R20W, Town of St. Joseph ADDRESS: 1446 71h Street Houlton, WI 54082 6. ARTICLE: 1) Variance request to the Class `B" Highway requirements pursuant to Section 17.64(1)(b). Request is for a 50 -foot variance from the 100 -foot road right -of -way to allow B & L Liquor to replace an existing liquor store with a new building that would be less non - conforming that the original store, which is currently 25- feet from the road right -of -way. 2) Special Exception request to allow the expansion of an existing commercial business pursuant to Section 17.18(1)(e). Request is to allow B & L Liquor to construct a new 10,000 square foot building on the site for their existing commercial business. *3) Variance request to Section 17.57(5). Applicant requesting to reduce number of parking spaces from 50 to 28. APELLANT: Albert Severson, owner/ Mark Lewis, agent LOCATION: The NW 1 /4 of the NE 1 /4, Section 27, T30N -R20W, Town of St. Joseph ADDRESS: 1369 Highway 35, Houlton, WI 54082 7. ARTICLE: Special Exception request for a permit to expand a commercial site pursuant to Section 17.18(1). Request is to expand an existing commercial site to allow additional mini - storage units in a Commercial District. APELLANT: Wildwood View, Inc -Spring Valley Mini Storage LLC, owner / Gerald Falde, agent LOCATION: The NE 1 /4 - SE 1 /4, Section 35, T28N -R16W, Town of Eau Galle ADDRESS: 40 County Road B, Woodville, WI 54028 8. ARTICLE: Special Exception request for a permit for filling and grading in the Shoreland District of Squaw Lake pursuant to Section 17.29(2). Request is for an after - the -fact filling and grading permit to remove fill placed below the OHWM of Squaw Lake and to restore the site back to its original condition. APELLANT: Julie Orf, owner LOCATION: Part of the SE 1 /4 - NE 1 /4, Section 17, T31N -R18W, Town of Star Prairie. ADDRESS: 2150 Shore Drive, Somerset, WI 54025 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. 3 Julie Speer, Chairperson St. Croix County Board of Adjustment Article One: Geraldine Swenson/ Bruce Lenzen Eslinger went over the staff report, explaining that the original hearing was held in June of 2002, and tabled for more information. The applicant was in front of the Board again in June 2003, and the request was tabled for additional information. The staff believes that all of the requested information has been submitted, and the applicant is requesting an additional variance to the sideyard setback requirements for the roof overhang, along with the previous requests. The following exhibits were introduced, in addition to exhibits from previous hearings: Exhibit 1: Staff report Exhibit 2: Application for variance Exhibit 3: Staff letter dated July 2, 2003 Exhibit 4: Applicant's response to the July 2" letter Exhibit 5: DNR letter dated August 14, 2003 Exhibit 6: DNR letter dated October 22, 2003 Mike Waterman and Bruce Lenzen were sworn in. Waterman, attorney for Swenson, stated that the vacant lot was approved by the county when this subdivision was platted, long before the ordinance was enacted, making this a classic hardship case, and believes without granting the requests, this could constitute a "taking ". A meeting was held with the DNR attorneys and an agreement was reached to allow construction of a residence on this property. This agreement is spelled out in a letter dated October 29, 2002, from the Department of Justice. Waterman is concerned that the DNR is now going back on their word. Lenzen has addressed all of the concerns of the DNR, and the Board, and Waterman believes this to be a reasonable plan, that complies with the DNR requests. Lenzen addressed the letter from the county stating the reasons for the request being tabled at the June 2003 hearing. He went over a list of the adjacent homes and their footprint sizes, stating that the proposed home is 1946 square feet. Most of the neighboring homes are over 2,000 square feet, and many of these homes are two story or multi level homes. The proposed home has been designed so that the drainage off of the roof will be taken care of properly. The Land and Water Conservation Department has reviewed and approved of all of the plans. The DNR has also stated no objection to the plans. The Town of Troy has recommended approval of the requests. Mary Hense, David Hense, Robert Fleming and Gary Carlson, being duly sworn, stated their objections as follows: no hardship, lot should remain vacant as has been vacant for years, residence too large for the lot, runoff from the roof. Fleming entered Exhibit 7 into the record, which was a letter dated November 18, 2002 from neighboring property owners, with attachments, and Exhibit 8, a drawing of the proposed home. Eunice Post, being duly sworn, spoke on behalf of the DNR. She stated that the department is not objecting to the requests. 4 i T Lenzen added that the plans for the home have been designed by professional engineers. A bond will be put in place for the project. Lenzen stated that he is responsible for the project for 5 years after the construction of the home is completed, pursuant to the agreement with the DNR. Pete Kling, Land and Water Conservation Department, explained that he is comfortable with all of the plans and that the plans are designed so that the runoff will drain away from the adjoining property owners. The Board will view the site. The Board recessed from 10:10 a.m. to 10:25 a.m. Article Two: Patrick and Kitty Delaney Eslinger explained that this is an appeal to an administrative decision to deny a land use permit to construct a 22 -foot by 24 -foot garage in the St. Croix Riverway District. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Application for appeal Exhibit 3: Location map Exhibit 4: October 3, 2003 letter from Barry Lundeen Exhibit 5: October 7, 2003 letter from Eslinger Exhibit 6: October 16, 2003 letter from Lundeen Eslinger went over the letter dated July 10, 2003 to Delaney's denying the land use permit, and stating that a variance from the bluffline setback requirements was needed in order to construct the garage. Eslinger added that the DNR concurs with the zoning staff on this decision. Greg Timmerman, Corporation Counsel, explained that landowners have a right to appeal an administrative decision through this Board. Mike Waterman and Kitty Delaney were sworn in. Waterman is the attorney representing the Delaneys. He entered photos of the property as Exhibit 7. Waterman went over a map of the property pointing out where the garage is to be located, and stating that it needs to be determined whether there is a bluffline issue or not (the map was labeled as Exhibit 8). He went over the statutory criteria for the definition of a bluffline, stating that the 12% slope shown on the map does not constitute a bluffline by ordinance because it is visually inconspicuous. Her further stated that no one has ever certified that there is a bluffline. Kitty Delaney went over the photos of the property with the Board, reiterating that the slope is not visible from the water. The location of the proposed garage is behind the home, and cannot be seen from the water. Delaney went through the steps that have gotten them to this point, stating that they believe there is not a bluffline issue, and there are no maps that specify a bluffline. They have lived on the property for 20 years, and have converted their summer home into a year round home, and would like to have a garage for their vehicles. 5 1 i There were no public objections to the request. The Board will view the site. Article Three: Alice Lewerenz Eslinger told the Board that this request is for a 10 -foot variance to the 133 -foot Class D highway setback requirements. The applicant is requesting to be allowed to construct a 19.5 -foot by 25.5 —foot addition on the existing dwelling. The proposed addition would be parallel to the road, making the structure no closer to the road than it now is. The Town of Stanton has recommended approval of the request. Alice Lewerenz, being duly sworn, is the owner of the property. She reiterated that she would like to add onto the first floor of the home, as all of the bedrooms are on the second floor, and as she gets older, she would like to have a bedroom for herself on the first floor. The proposed location for the addition, on the east and south side, is the only place that the existing structure could be added onto. There were no objections to the request. The Board will view the site. Article Four: Paul T. Hanson Eslinger presented this request to the Board, stating that the applicant is requesting a special exception permit to construct 13 new commercial mini - storage buildings on an existing commercial site. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application Exhibit 3: Photos Exhibit 4: Location map Exhibit 5: Letter from the City of New Richmond Eslinger went over the staff report with the Board. This property abuts the City of New Richmond, and in a letter from the City, they have asked that a buffer be provided along the property line that adjoins the city parkland. The Land and Water Conservation Department has reviewed and approved of the stormwater plans for the project. According to the plans submitted by Matt Hieb of ACA Engineering, there will be 41 % green space after the site is developed, with a mixture of hardwoods and evergreens planted on the site. The zoning staff has received verbal confirmation from the Richmond town clerk that the Town Board has recommended approval of the request, and a letter will be sent to zoning. Matt Hieb and Paul Hanson were sworn in. Hieb went over the site plan with the Board, pointing out the location of the buildings, fences and stormwater ponds. The buildings will be constructed as demanded. Discussion held with the Board on screening. The applicant has no problem with screening the property, but stated it would be difficult to put trees near the existing sheds, as there would not be enough room. The proposed sign dimensions are 4 -foot by 5 -foot. There were not objections to the request. The Board will view the site. Article Five: Donald Anderson This request is for a special exception permit to expand an existing commercial business 6 known as Anderson Heating and Air Conditioning in the Town of St. Joseph. The request is for a 40 -foot by 134 -foot addition onto an existing commercial building for additional warehouse space for the business. The original special exception permit was granted in 1994. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Special exception application Exhibit 3: Location map Exhibit 4: Photos Exhibit 5: LWCD letter dated October 17, 2003 Exhibit 6: Letter from the Town of St. Joseph recommending approval of the request (handed out to the Board). Exhibit 7: Letter from Don Schmitt, licensed plumber Exhibit 8: Parking proposal Eslinger went over the staff report with the Board. The adjacent sites to the property are zoned commercial. The Board reviewed the site plan and stormwater plans. Pete Kling, LWCD, stated that he has reviewed the erosion control plans and they look good. Kling will work with Anderson on stormwater plans on seeding issues, and size of stormwater pond. Donald Anderson, sworn in, is the owner of the property. He explained to the Board that the septic drainfield meets all required setbacks. Don Schmitt, licensed plumber, inspected the current septic system and certified that it is in proper working order and has been designed properly for the size of the business. Anderson stated that he has 25 employees. Anderson explained that the expansion of the building is for warehouse only, not for added retail business or more employees. He asked that the Board allow him to have a total of 32 parking spots, rather than 67, as that is more than adequate for the business. There were no objections to the request. The Board will view the site. Article Six: Albert Severson/ Mark Lewis (B & L Liquor) Eslinger explained that this request is for a 50 -foot variance to the road right -of -way of STH 35, a variance to the parking requirements, and a special exception use permit to expand B and L Liquor. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Applications, Variance and Special Exception Exhibit 3: Photos Exhibit 4: LWCD letter dated October 17, 2003 Exhibit 5: Letter from the Town of St. Joseph recommending approval of the requests Eslinger went over the staff report. The applicant is asking to remove the existing liquor store and construct a new building on the site. The new structure would be set back 7 f This request is for an after - the -fact special exception permit for filling and grading in the shoreland area of Squaw Lake. Eslinger went over the staff report explaining that fill was placed below the ordinary high water mark on the lake, without a permit, and that is a violation. The county is asking to have the area restored back to the original state. The Town of Star Prairie supports leaving the project as it now is, and allowing the fill to remain. Eslinger read an e-mail dated October 17, 2003, from the DNR. They concur with the zoning staff, stating that the fill should be removed and the site restored back to the original state. Julie Orf and Seth Brinkman, being duly sworn, are the owners of the property. They presented photos of the property and letters from people supporting the project. These were labeled as Exhibit 4 and 5, respectively. The fill was placed in the shoreland mid - July of this year, and they would like to keep the fill there and add native plantings. It is now seeded with grass and oats. They have been to the Squaw Lake Rehab District and discussed this project with them, but have not received a letter back on it. Pete Kling explained to the Board that the shoreland areas of Squaw Lake are vital to the fish, so filling and grading of any kind in the shoreland hurts the lake. He has worked on Squaw Lake projects for the past six years and knows this lake very well. The LWCD has many concerns with the fill being left in the shoreland. Dick King, being duly sworn, is a supervisor on the county board for the 10 District, is on the Squaw Lake Rehab District Board and is on the Star Prairie Town Board. The town has recommended approval of the project, and thinks that the filling has improved the look of the property. Steve Olson, LWCD, reiterated Kling's concerns that the fill placed below the OHWM is hard on the lake habitat. Burgee Amdahl, being duly sworn, is Orf's dad and also lives on the lake. He believes that this filling has improved the look of the property and will help to control the mosquitoes. Eunice Post, being previously sworn, is with the DNR, and concurs with zoning and LWCD concerns. She stated that filling in a lakebed is prohibited and the fill needs to be removed and the site restored to its original state. The Board will view the site. The Board recessed from 1:20 p.m. to 5:15 p.m. to view the sites. The Board reconvened at 8:30 a.m. on Friday, October 24 to render decisions. DECISIONS: Old Business: Ryan and Rachel Flattum Motion by Golz, seconded by Krueger to deny the variance and special exception request based on the following findings: 9 1. The applicants are Ryan and Rachel Flattum, whose address is 1199 64 Street, Hudson, WI 54016. 2. The property is located in the NE' /4 of the NW '/4, Section 3, T29N -R19W, Town of St. Joseph. 3. An application was made for a 180 -foot variance from the 500 -foot setback requirement from any pre- existing neighboring residence for a major home occupation. 4. An application was made for a special exception permit to allow a major home occupation for an automotive repair business to be operated from the pole shed on the property. 5. The Board of Adjustment finds that the request for the 180 -foot variance does not conform with the requirements granted under Section 17.15(6)(s) and 17.155 of the St. Croix County Zoning Ordinance. 6. The Board finds that by denying the variance request for the setback requirement from any pre- existing neighboring residence for a major home occupation, the Board cannot grant the special exception request for the major home occupation pursuant to Section 17.155. 7. The Board finds that it is important to the neighborhood that the 500 -foot requirement be met for this type of business. An automotive repair business would not be compatible, and is out of character, with the surrounding land uses. The property is located in the Buck Hill subdivision. 8. The Board finds that if this variance was granted, and the major home occupation permitted, it would be contrary to the public interest. The Willow River is in close proximity to this property. Further, the property abuts land that is owned by the Wisconsin Department of Natural Resources and is a State Park. 9. The Board finds that there are environmental concerns due to wastewater run off from the business not being adequately disposed of 10. There was opposition by residents of the Town of St. Joseph. 11. The Board finds that the spirit and intent of the ordinance would not be met by granting this variance. The applicant did not demonstrate that a hardship would exist in the absence of a variance, as the applicant has reasonable use of the property. The Board further finds that the spirit and intent of the ordinance would not be met by granting the special exception request for a major home occupation, due to the fact that the variance needed to be approved to allow the business to exist at this location. The following vote was taken to deny: Peterson, yes; Krueger, yes; Marzolf, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Article One: Geraldine Swenson/ Bruce Lenzen Motion by Speer seconded by Peterson to approve all requests for variances and special exceptions based on the following findings: 1. The applicants are Geraldine Swenson, owner, and Bruce Lenzen, owner's agent. 2. The property is on Cove Road in Government Lot 1, Section 24, T28N -R20W, Town of Troy. The property is a .45 acre lot approximately 90 -feet by 210 -feet, and is vacant. 3. The lot was created as part of the St. Croix Cove subdivision that was recorded in the St. Croix County Register of Deeds Office on April 22, 1957, and is a substandard lot under today's standards. 10 l � 4. The lot is zoned agricultural residential and is also located in the St. Croix Riverway District. 5. The following applications were made to allow a residence to be constructed on the lot: Item #1 Variance to the ordinary high water mark setback and bluffline requirements in St. Croix County Zoning Ordinance Section 17.36 (5)(c) 1. Item #2 Variance to the restriction on grading on slopes in excess of 12 % in St. Croix County Zoning Ordinance Section 17.36 (5) (1) (1) b. Item #3 Variance to the side yard setback requirement in the St. Croix County Zoning Ordinance Section 17.36 (5) (g). Item #4 Special Exception request for rock riprapping for shoreline protection pursuant to Section 17.36 (6) (a) 3. Item #5 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 #6 Special Exception request for filling and grading in the St. Croix River District and shoreland area pursuant to Section 17.36 (6) (a) 3 and 17.36(5)(1). 6. The Board cannot grant a variance or special exception use in the St. Croix Riverway District over the objection of the Wisconsin Department of Natural Resources (DNR), as provided in Section 17.36(6)(02 of the St. Croix County Zoning Ordinance. The DNR stated in writing, and verbally at the hearing, that they have no objections to the requests. Further, a letter dated October 29, 2002, from the Department of Justice Assistant Attorney General, stated that the DNR would not object subject to six conditions, which conditions have all been met. 7. The applicant has applied for the proper permits through the DNR and Army Corps of Engineers. 8. The St. Croix County Land and Water Conservation Department (LWCD) has reviewed and approved the grading and erosion control plans for the project. 9. The Town of Troy has recommended approval of the requests. 10. The lot qualifies under Section 17.36(5)(n) as a building site. 11. The applications for special exception use permits comply with Section 17.36(6)(d). 12. The variances are not contrary to the public interest and special conditions exist such that a literal enforcement of the ordinance would result in unnecessary hardship: a. The lot was created in 1957. b. The lot has no reasonable use without the variances. C. The ordinance allows substandard lots to be developed. d. The residence is compatible with the neighborhood. e. The size of the structure is comparable to neighboring structures on similarly sized lots. f. The residence, water runoff, and erosion control plans have been designed by professional engineers and have been reviewed and approved by all appropriate agencies. The special exceptions are granted with the following conditions: 1. This permit allows the applicant to fill and grade in the St. Croix Riverway District to construct a single family residence, to install a stairway to access the river, and to place rip rap along the shoreline for erosion protection. 2. The applicant must submit a revised screening plan for the stairway using compatible native species that will screen the stairs within 5 years. 11 3. The applicant shall comply with conditions outlined in the DNR letter dated August 14, 2003. 4. 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. 5. A financial guarantee equal to 120% of approved construction estimates must be submitted to St. Croix County, to be held by the Zoning Office for the erosion control, landscaping and grading activities (improvements) to ensure proper construction. The initial financial guarantee period shall be for a minimum of one year and shall automatically renew until the county releases any or all of the financial guarantee. 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 stabilization; this amount will not exceed 15% of the cost of the improvement. 6. Written construction estimates must be submitted to the Zoning office for review and approval. 7. No construction, including earth moving, shall take place prior to approval of the financial guarantees. 8. The applicant shall have the engineer submit written proof that the plans were installed as approved. The proof can be submitted in the form of an as -built drawing or other document that county staff can review to ensure the plans were installed in accordance with the original design. 9. 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. 10. 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 Office 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. 11. 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. 12. The applicant shall follow the plans approved by the LWCD. 13. The applicant shall obtain all necessary approvals from the DNR and the US Army Corps of Engineers. This includes all renewals. 14. The applicant must secure a sanitary permit from the Zoning Office and a building permit from the deputy county zoning administrator in the Town before commencing construction. 15. The access easement must remain passable at all times during construction. 16. The Zoning Office is to be notified at the start and the finish of the project. 17. Any minor change or addition to the project, including but not limited to design of the structure, shall require review and approval by the Zoning Administrator and the LWCD prior to making the change or addition. Any major change or addition to the originally approved plan will require Board of Adjustment review and approval. 18. 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 expiration 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. 19. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. The following are conditions agreed to by the Department of Natural Resources and the applicant, and are made a part of this decision. These conditions must be monitored and enforced by the DNR. 1. A deed restriction must be filed with the deed for the property that states the proposed structure is allowed to be repaired and maintained, but prohibits any addition or expansion of the structure in the future. This condition will not be binding in the event there is an administrative rule change, which would allow expansions or additions in the future. Applicant shall submit proof to the County and DNR that this condition has been met. 2. A vegetation maintenance and management plan is required to be submitted to the DNR for review. The plan shall address future maintenance of all vegetation, including trimming, watering, feeding, and disease /pest protection. 3. Any property owner of this property must submit photos to the DNR from the same vantage points once each year after construction is completed for five years to ascertain if the vegetation that previously existed and that new plantings are sufficient to render the structure visually inconspicuous. 4. The driveway may not exceed 12 feet in width. The following vote approved the application: Peterson, yes; Marzolf, no; Krueger, no; Golz, yes; Chairperson Speer, yes. Article Two: Patrick and Kitty Delaney Motion by Krueger, seconded by Peterson to reverse the administrative decision and to grant a land use permit to allow a garage to be built on the property, based on advice from Corporation Counsel, and the following findings: 1. The proposed garage location is visually inconspicuous, thus the 12% slope shown on the surveyed site plan does not constitute a bluffline by ordinance definition. 2. The approval of this project will not affect the public health, safety and welfare of the residents of St. Croix County. 3. This approval will not change the character of the neighborhood. 4. There were no objections to the request. The following vote was taken to approve: Marzolf, yes; Golz, no; Peterson, yes; Krueger; yes; Chairperson Speer, yes. Motion carried. Article Three: Alice Lewerenz Motion by Golz, seconded by Marzolf to approve the variance request based on the following findings: 1. The applicant is Alice Lewerenz, whose address is 1553 210 Ave., New Richmond, WI 54017. 2. The property is located in the NW 1 /4 of the NE 1 /4, Section 20, T31N -R17W, Town of Stanton. 13 3. An application was made for a 10 -foot variance from the 133 -foot setback requirement to a Class D Highway to add an addition onto an existing dwelling. 4. The addition to the dwelling is no closer to the road than the existing structure, therefore, will not increase the non - conformity of the structure. 5. The Town of Stanton has recommended approval of the request. 6. The variance is very minimal and not contrary to the public interest and literal enforcement of the ordinance would result in unnecessary hardship. The addition is a good fit for the home and would allow a bedroom on the main floor of the home. 7. There was no opposition to the request. 8. The Board of Adjustment finds that the request conforms with the requirements granted under Section 17.64(1)(d)2 of the St. Croix County Zoning Ordinance, and the spirit and intent of the ordinance would be met. The following vote was taken to approved: Krueger, yes; Peterson, yes; Marzolf, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Article Four: Paul Hanson Motion by Golz, seconded by Krueger to approve the request for a special exception permit to expand an existing mini - storage facility in the commercial district based on the following findings: 1. The applicant is Paul Hanson. The site address is 1703 140 Street, New Richmond, WI 54017. 2. The property is located in the SW t /4 of the SW 1 /4, Section 1, T30N -R19W, Town of Richmond. 3. An application was made for a special exception permit to expand an existing mini - storage facility in the commercial district. 4. The Town of Richmond has recommended approval of the request. 5. The plans for the expansion of the business have been designed by professional engineers. 6. The LWCD have reviewed and approved the plans for the project. 7. The Board finds that the applicant has addressed all of the concerns raised by the City of New Richmond. 9. There was no opposition to the request. 10. The Board of Adjustment finds that the request conforms with the requirements granted under Section 17.18(1)(e) of the St. Croix County Zoning Ordinance, and the spirit and intent of the ordinance would be met. With the following conditions: 1. This permit allows the applicant to construct thirteen (13) additional mini storage units and to allow the existing residence to be used as a caretaker's quarters at 1703 140 Street, New Richmond, WI. Construction must be competed by October 2008. If construction is not completed by October 2008, an administrative review of the project will be required. 2. A financial guarantee equal to 120% of approved construction estimates must be submitted in favor of St. Croix County, to be held by the Zoning Office for the erosion control and grading activities (to ensure proper construction). The initial 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. 14 • 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 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. • 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 must record a storm water management plan and a drainage easement for the permanent storm water control structures against the deed for the property. The applicant is responsible to provide a recorded copy to the Zoning Office within 60 days of the completion of the final grading. The intent is to make the current and future owners aware of the responsibilities associated with the storm water management plan as well as the limitations (filling, grading, etc.) the landowner incurs as a result of the plan. 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/or 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 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. 7. The applicant must secure a township building permit before commencing construction. 8. Outdoor storage is not permitted. 9. Renting moving vans or trucks from the site is not permitted. 10. No retailing or operating a business from a storage unit is allowed onsite. 11. The applicant shall provide a hard surface (asphalt/concrete) on all interior driving areas within six months of the completion of such buildings (Mini- storage facility). Each building requires hard surfacing around the perimeter within 6 months of completion. 12. 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.] 13. The property shall be kept in a neat and orderly manner. 14. The applicant shall submit a screening plan to the zoning department for review and approval. The plan is to include two rows of staggered evergreens, 15 -foot on center on the south and east side 'of the property (a mix of balsam fir and spruce). 15 A row of arborvitae is to be placed on the north side of the property, 4 -foot on center. 15. The cumulative onsite signage advertising the business shall not to exceed 100 square feet, and maximum height of 35 ft. This sign must be located a minimum of 10 ft. from all property lines. Any other signage must be approved by the zoning department and must strictly adhere to the St. Croix County Signage Ordinance. 16. This approval does not include storage of hazardous materials onsite. 17. Security lighting to be installed. Lighting must be illuminated downward and is to be shielded away from neighboring properties. The lighting on the existing mini - storage unit should match the box style lighting proposed for the remaining buildings. 18. The applicant shall have the zoning administrator review this special exception permit in two years from the approval date for compliance with this approval (October 2005). 19. 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. 20. The applicant shall have one (1) year from the issuance of the special exception permit to commence the construction activities. 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 the project. 21. 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. 22. 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; Peterson, yes; Krueger, yes; Golz, yes; Chairperson Speer, yes. Motion carved. Article Five: Donald Anderson Motion by Krueger, seconded by Golz to approve the request for a special exception permit to expand an existing commercial business based on the following findings: 1. The applicant is Donald Anderson. The site address is 1446 7 th Street, Houlton, WI 54082. 2. The property is located in the NW '/4 of the SE '/4, Section 22, T30N -R20W, Town of St. Joseph. 3. An application was made for a special exception permit to expand an existing commercial business known as Anderson Heating and Air Conditioning. 4. The Town of St. Joseph has recommended approval of the request. 5. The plans for the expansion of the business have been designed by professional engineers. 6. The LWCD has reviewed and approved the plans for the project. 16 7. The Board finds that the business is compatible with the surrounding uses, and that there have been no complaints with the existing business. The area is kept very neat and orderly. 8. There was no opposition to the request. 9. The Board of Adjustment finds that the request conforms with the requirements granted under Section 17.18(1)(e)2 of the St. Croix County Zoning Ordinance, and the spirit and intent of the ordinance would be met. With the following conditions: 1. This permit allows Anderson Heating and Air Conditioning to add a 40 -foot by 134 -foot addition onto the existing building and to construct the storm water retention basin. 2. Before this permit is valid, the applicant shall address the LWCD concerns listed in an email dated October 17, 2003. 3. A financial guarantee equal to 120% of approved construction estimates must be submitted in favor of St. Croix County, to be held by the Zoning Office for the erosion control and grading activities (to ensure proper construction). The initial 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 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. • 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). 4. The applicant must record a storm water management plan and a drainage easement for the permanent storm water control structures against the deed for the property. The applicant is responsible to provide a recorded copy to the Zoning Office within 60 days of the completion of the project. The intent is to make the current and future owners aware of the responsibilities associated with the storm water management plan as well as the limitations (filling, grading, etc.) the landowner incurs as a result of the plan. 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 must secure a township building permit before commencing construction. 7. Applicant is required to have 27 parking spaces, but will be providing 32 spaces to comply with the parking requirements for future needs of the business. There will be no truck parking allowed on 7 th Street. 17 8. Applicant to maintain proper state licensing to operate the business. 9. The property shall be kept in a neat and orderly manner. 10. The cumulative onsite signage advertising the business shall not to exceed 100 square feet, and maximum height of 35 ft. This sign must be located a minimum of 10 ft. 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. 11. This approval does not include storage of hazardous materials onsite. 12. All outside storage must be screened. 13. 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.] 14. 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). 15. 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. 16. 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. 17. 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. 18. 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: Peterson, yes; Marzolf, yes; Golz, yes; Krueger, yes; Chairperson Speer, yes. Motion carried. Article Eight: Julie Orf Motion by Golz, seconded by Speer to deny the request for an after -the -fact special exception permit for filling and grading in the Squaw Lake Shoreland based on the following findings: 1. The applicant is Julie Orf. The site address is 2150 Shore Drive, Somerset, WI 54025. 2. The property is located in Lot 6 and 7,of Wigwam Shores, in the SE '/4 of the NE '/4 of Section 17, T31N -R18W, Town of Star Prairie. 3. An application was made for a special exception permit for an after- the -fact permit for filling and grading in the Shoreland area of Squaw Lake to allow existing fill to remain on the site. 4. The LWCD and the DNR have opposed of the request and has asked that the fill be removed and the site be restored to its original state. 18 1 r 5. The Board finds that the county staff had informed the applicant of the wetland issues before the fill was brought into the site. 6. The Board finds that this is an environmentally sensitive area and by filling in this shoreland area, it would have negative impacts on the habitat in Squaw Lake. 7. The Board of Adjustment finds that the request does not conform with the requirements granted under Section 17.29(2)(a) of the St. Croix County Zoning Ordinance, and if the permit was granted, the spirit and intent of the ordinance would not be met. The applicant is to remove the existing fill and restore the property to its original state. The following vote was taken to deny the request: Krueger, yes; Marzolf, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Chairperson Speer was excused at 11:00 a.m. and Vice Chairperson Krueger took over the proceedings. Article Six: B & L Liquor/ Albert Severson/ Mark Lewis Motion by Golz, seconded by Peterson to approve the requests for the special exception permit and variances based on the following findings: 1. The applicant is B & L Liquor. The site address is 1369 Highway 35, Houlton, WI 54082. 2. The property is located in the NW 1 /4 of the NE 1 /4, Section 27, T30N -R20W, Town of St. Joseph. 3. An application was made for a special exception permit to expand an existing commercial business known as B & L Liquor. 4. The Town of St. Joseph has recommended approval of the request. 5. The plans for the expansion of the business have been designed by professional engineers. 6. The LWCD has reviewed and approved the plans for the project. 7. The Department of Transportation has approved of the request. 8. The Board finds that the applicant will be improving the existing commercial site. 9. The Board finds that there is a hardship in this case, as there is nowhere on the site that a building could be located without a variance to the road setbacks. By granting the variance, the applicant will be making the structure less non - conforming by physically moving the building further back on the property. 10. The Board finds that a variance to the required number of parking spaces should be granted, and that 26 parking spaces will be required rather than 50. The nature of the business does not require that a large number of parking spaces is needed. The applicant is willing to put up signage to alleviate the park and ride issue and to prohibit selling of vehicles from the property. 11. There was no opposition to the request. 12. The Board of Adjustment finds that the request conforms with the requirements granted under Section 17.18(1)(e) and 17.64(1)(b)2 of the St. Croix County Zoning Ordinance, and the spirit and intent of the ordinance would be met. With the following conditions for the special exception permit: 1. This permit allows B and L Liquor to construct a 10,000 square foot building and improvements as designed and approved. 19 2. Before this permit is valid, the applicant shall address the LWCD concerns listed in an email dated October 17, 2003. 3. A financial guarantee equal to 120% of approved construction estimates must be submitted in favor of St. Croix County, to be held by the Zoning Office for the erosion control and grading activities (to ensure proper construction). The initial 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 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. • 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). 4. The applicant must record a storm water management plan and a drainage easement for the permanent storm water control structures against the deed for the property. The applicant is responsible to provide a recorded copy to the Zoning Office within 60 days of the completion of the project. The intent is to make the current and future owners aware of the responsibilities associated with the storm water management plan as well as the limitations (filling, grading, etc.) the landowner incurs as a result of the plan. 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 parking lot shall not be used as a park and ride. The owner is responsible to monitor this situation. A "customer only" sign is to be placed on the premises. Selling vehicles from the property is not allowed. 7. The applicant must secure a sanitary permit from the County and a building permit from the town before commencing construction. 8. Applicant to maintain proper state licensing to operate the business. 9. The property shall be kept in a neat and orderly manner. 10. The cumulative onsite signage advertising the business shall not to exceed 100 square feet, and maximum height of 35 ft. This sign must be located a minimum of 10 ft. 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. 11. This approval does not include storage of hazardous materials onsite. 12. All outside storage must be screened. 13. The applicant is to maintain and/or replace the existing privacy fence along the commercial property boundary. 20 14. The applicant shall provide three additional black hills spruce along the northwest corner of the property to provide privacy screening from the residential property owners to the north. 15. 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.] 16. 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). 17. 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. 18. 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. 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. 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 of the requests: Marzolf, yes; Peterson, yes; Golz, yes; Vice Chairperson Krueger, yes. Motion carried. Article Seven: Wildwood View, Inc. / Gerald Falde Motion by Peterson, seconded by Marzolf to table the request to expand an existing min - storage facility in the commercial district, based on the following findings: 1. The Board finds that the LWCD and the zoning staff has concerns with the water runoff on the property and erosion problems. Those concerns need to be addressed. 2. The Board finds that lighting issues are to be addressed. 3. The Board finds that hard surface issues are to be addressed. The following vote was taken to table the request: Golz, yes; Marzolf, yes; Peterson, yes; Vice Chairperson Krueger, yes. Motion carried. Motion by Peterson, seconded by Marzolf to adjourn the hearing at 11:45 a.m. Respectfully submitted: , �. Ri hard Peterson, Secretary Debbie Zimmenv, Recording Secretary 21