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HomeMy WebLinkAboutBoard of Adjustment 07-24-03 ' d 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, July 24, 2003 TIME: 8:30 a.m. LOCATION: Government Center, Hudson, Wisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ELECTION OF OFFICERS: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: OTHER BUSINESS: 1) Update on Paul Paulson/Mann Valley Contracting Special Exception Permit 2) Update on legal cases OLD BUSINESS: Discuss tabled Special Exception request for County Materials- Town of Warren (hearing held on May 22, 2003) 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: July 16, 2003 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *CANCELLATIONS /CHANGES /ADDITIONS - 1 PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, July 24, 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. I . ARTICLE: Special Exception request for a two family dwelling in the Ag/Residential District pursuant to Section 17.15(6)(a). APPELLANT: Jeffrey R. and Jane M. Hinz LOCATION: The NE 1 /4 - SW 1 /4, Section 26, T28N -RI 8W, Town of Kinnickinnic ADDRESS: 134 Ponderosa, River Falls, WI 54022 2. ARTICLE: * C'ANC'ELED: Special Exception request for filling and grading on slopes in excess of 20% pursuant to Section 17.15(6)(t). The request is for a special exception permit to allow the property owner to construct a driveway on the property. APELLANT: Dan Bauer LOCATION: The SW 1 /4 of Section 29, T28N -RI 8W, Town of Kinnickinnic ADDRESS: Off of Quarry Road, River Falls, WI 54022 3. ARTICLE: Variance request to the Class "D" Highway requirements pursuant to Section 17.64(1)(d)2. The request is for a 39 -foot variance from the 100 -foot road right -of -way setback to construct a horse barn on the property. APELLANT: Paul and Barb Jaeger LOCATION: The NE 1 /4-NE 1 /4, Section 33, T30N -R19W, Town of St. Joseph ADDRESS: 595 Perch Lake Road, Hudson, WI 54016 4. ARTICLE: Variance request to the Class "D" Highway requirements pursuant to Section 17.64(l)(d)2. The request is for a 49 -foot variance from the 133 -foot centerline setback to expand a non - conforming dwelling. APELLANT: Bruce Libby LOCATION: The SE 1 /4- NE 1 /4, Section 9, T29N -R1 8W, Town of Warren ADDRESS: 1074120 Street, Roberts, WI 54023 5. ARTICLE: Special Exception request for filling and grading on slopes in excess of 20% in a Shoreland District pursuant to Section 17.29(2)(c )1. Request is for a special exception permit to allow the property owner to construct a new home and driveway on the property. APELLANT: John and Kathleen Fercello, owners/ JEO Consulting Group, Inc., agent LOCATION: The SE 1 /4- SE 1 /4, Section 8, T31N -R18W, Town of Star Prairie ADDRESS: 2198 Cabin Lane, Star Prairie, WI 6. ARTICLE: Special Exception request to locate a temporary asphalt plant in the Ag/Residential District pursuant to Section 17.15(6)(n). The request is to allow a temporary asphalt plant to be used for state, county and township road projects in the county. APPELLANT: Tammec LLC, Cemstone, Inc, owners/ Monarch Paving Co., applicant LOCATION: The SW 1 /4 of Section 15 and the E 1 /2 of the SE 1 /4, Section 16, all located in T30N- R18W, Town of Richmond. ADDRESS: 1190 County Road G, New Richmond, WI 54017 7. ARTICLE: * ITEMS #1 AND #2 OF THIS ARTICLE HAVE REFN CANCELED Item l . Special Exception request for non - metallic mining operation pursuant to Section 17.15(6)(g) subject to the provisions of Ordinance number 226(89) of the St. Croix County Zoning Ordinance. The request is to operate a non - metallic mining operation in the Ag/Residential District. Item I Variance request to the 100 -foot setback pursuant to Section 226(89)F.3. The request is for a 50 -foot variance from the 100 -foot setback requirement. APELLANT: County Materials Corporation, owner/ Cedar Corp., agent LOCATION: The W '/2 of Section 22, T30N -R1 8W, Town of Richmond ADDRESS: 1215 County Road G, 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 X _ I OFFICIAL ` - BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES July 24, 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 , Stan Krueger and Richard (Buzz) Marzolf were present. Rich Peterson 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 Krueger to adopt the agenda. Motion carried. The Board set the next meeting date as August 28, 2003 and will be held in the County Board Room, at the Government Center. The starting time will be 8:30 a.m. ELECTION OF OFFICERS Stan Krueger opened nominations for election of officers for the Board of Adjustments. Motion by Golz, seconded by Marzolf to nominate Julie Speer for Chairman of the Board. Unanimous vote was cast for Julie Speer to serve as Chairman. Chairman Speer opened nominations for Vice Chairman. Motion by Golz, seconded by Marzolf to nominate Stan Krueger for Vice - Chairman of the Board. Unanimous vote was cast for Stan Krueger to serve as Vice - Chairman. Chairman Speer opened nominations for Secretary. Motion by Krueger, seconded by Golz to nominate Rich Peterson as Secretary of the Board. Unanimous vote was cast for Rich Peterson to serve as Secretary. MINUTES Motion by Marzolf, seconded by Krueger to adopt the minutes from the June 26, 2003 hearing with a typographical correction. Motion carried. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available today if needed. OTHER BUSINESS Eslinger explained that the staff has been working with Paul Paulson on some outstanding conditions related to his special exception permit. Paulson is here today to speak to the Board on where things are at. Paul Paulson, being duly sworn, went over the conditions in question with the Board. He has addressed most of the outstanding conditions and hard surfacing on the property has been put in place. The berm is seeded and the privacy fence will be put up on the west side of the property. If the Board feels it is necessary, he will place shrubbery on the berm as well. Discussion held on these conditions and the outstanding landscaping issues The Board will view the site today. OLD BUSINESS County Materials/ Sonnentag Family Limited Partnership: The hearing in this matter was held on May 22, 2003 and was tabled for additional information from the applicant. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Additional information supplied by the applicant Staff went over the conditions that still had some outstanding issues, which included conditions 2, 3, 4, 5, 6, 7, 8 and 11. The town has approved of the expansion, with the request that the conditions of the special exception permit are complied with. Roger Humphrey, Engineer, Buck Sweeney, attorney for County Materials, and David Reneson, representing County Materials, were sworn in. Humphrey went over the maps of the project with the Board, pointing out the proposed drainage areas and how they will work. The issue of landscaping and tree planting was discussed. It was suggested that a detailed screening plan be submitted. Sweeney stated that all of the appropriate paperwork has been filed with the state on any petroleum products kept on site. They are also compliant with all fire codes. A discussion was held with the Board on signage. The DOT has indicated that a permit is not needed for the signage off of the Interstate. Sweeney and Humphrey went over the plans for the expansion of the business, and the water retention areas. The Board questioned why it has taken so long to do this. Sweeney explained that the applicant is looking at the best location to place the ponds. A discussion was held that this outstanding condition dates back to 2001 and needs to be taken care of as soon as possible, as it is creating problems on the site. Further discussion was held on making sure the industrial activity is taking place on the property zoned industrial, and not on the ag/residential property. The applicant stated that doing this would not be a problem. A short discussion was held on the existing lighting on the property. Eslinger agreed with the applicant that the lighting issues have been adequately addressed. It was noted that the amount for the performance bond was incorrect The applicant will correct the amount. The Board recessed from 10:00 a.m. to 10:15 a.m. 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, July 24, 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 2 the appeals. 1. ARTICLE: Special Exception request for a two family dwelling in the Ag/Residential District pursuant to Section 17.15(6)(a). APPELLANT: Jeffrey R. and Jane M. Hinz LOCATION: The NE 1 /4 - SW 1 /4, Section 26, T28N -R18W, Town of Kinnickinnic ADDRESS: 134 Ponderosa, River Falls, WI 54022 2. ARTICLE: CANCELED: Special Exception request for filling and grading on slopes in excess of 20% pursuant to Section 17.15(6)(t). The request is for a special exception permit to allow the property owner to construct a driveway on the property. APELLANT: Dan Bauer LOCATION: The SW 1 /4 of Section 29, T28N -R18W, Town of Kinnickinnic ADDRESS: Off of Quarry Road, River Falls, WI 54022 3. ARTICLE: Variance request to the Class "D" Highway requirements pursuant to Section 17.64(1)(d)2. The request is for a 39 -foot variance from the 100 -foot road right -of -way setback to construct a horse barn on the property. APELLANT: Paul and Barb Jaeger LOCATION: The NE 1 /4-NE 1 /4, Section 33, T30N -R19W, Town of St. Joseph ADDRESS: 595 Perch Lake Road, Hudson, WI 54016 4. ARTICLE: Variance request to the Class "D" Highway requirements pursuant to Section 17.64(1)(d)2. The request is for a 49 -foot variance from the 133 -foot centerline setback to expand a non - conforming dwelling. APELLANT: Bruce Libby LOCATION: The SE 1 /4- NE 1 /4, Section 9, T29N -RI 8W, Town of Warren ADDRESS: 1074 120 Street, Roberts, WI 54023 5. ARTICLE: Special Exception request for filling and grading on slopes in excess of 20% in a Shoreland District pursuant to Section 17.29(2)(c )1. Request is for a special exception permit to allow the property owner to construct a new home and driveway on the property. APELLANT: John and Kathleen Fercello, owners/ JEO Consulting Group, Inc., agent LOCATION: The SE 1 /4- SE 1 /4, Section 8, T3 IN-RI 8W, Town of Star Prairie ADDRESS: 2198 Cabin Lane, Star Prairie, WI 6. ARTICLE: Special Exception request to locate a temporary asphalt plant in the Ag/Residential District pursuant to Section 17.15(6)(n). The request is to allow a temporary asphalt plant to be used for state, county and township road projects in the county. APPELLANT: Tammec LLC, Cemstone, Inc, owners/ Monarch Paving Co., applicant LOCATION: The SW 1 /4 of Section 15 and the E %z of the SE 1 /4, Section 16, all located in T30N -R18W, Town of Richmond. ADDRESS: 1190 County Road G, New Richmond, WI 54017 3 ` . 7. ARTICLE: Items 1 and 2 CANCELED: Iteml: Special Exception request for non - metallic mining operation pursuant to Section 17.15(6)(g) subject to the provisions of Ordinance number 226(89) of the St. Croix County Zoning Ordinance. The request is to operate a non - metallic mining operation in the Ag/Residential District. Item 2: Variance request to the 100 -foot setback pursuant to Section 226(89)F.3. The request is for a 50 -foot variance from the 100 -foot setback requirement. APELLANT: County Materials Corporation, owner/ Cedar Corp., agent LOCATION: The W!/2 of Section 22, T30N -R18W, Town of Richmond ADDRESS: 1215 County Road G, 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: Jeffrey and Jan Hinz Eslinger explained that this request is for a special exception permit to allow a two family dwelling on an ag/residential parcel in the Town of Kinnickinnic. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Application for special exception with narrative Exhibit 3: Location map Exhibit 4: Photos Eslinger went over the staff report stating that the site is 37.9 acres in size and there has been a soil test completed and approved for the site. An existing driveway already serves the parcel. In a letter dated July 8, 2003, the Town Board has stated that they have no objection to the request. Jane Hinz, being duly sworn, is one of the owners of the property. The home is being moved onto the property from a site in River Falls, This building is her family home and they plan to move it onto their property and change it into a two family dwelling and allow her daughter to live in part of the home. There was no opposition to the request. The Board will view the site. Article Two: Canceled Article Three: Paul and Barb Jaeger Eslinger explained the variance request for a 39 -foot variance to the 133 -foot setback requirements for a Class D road. The applicant is requesting to construct a 40 by 40 foot horse barn on the property. 4 ` . The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application for variance Exhibit 3: Site location map Eslinger went over the staff report, further explaining that the applicant is requesting to exceed the number of animal units allowed on 2 % to 5 acres. The parcel of land is 4.5 acres in size, and one horse would be allowed on that parcel. The request is to have two horses. The applicant has contracted with two are farmers to accept the animal waste for spreading. The concerns stated by the Land and Water Conservation Department have been met, and an erosion control plan has been put in place. The Town of St. Joseph has approved of the applicant to have two horses on the property, but tabled the variance request. The Town stated that the new ordinance may be changing some of the road setbacks, and would like to wait to see what happens when the new ordinance comes out. Paul Jaeger, being duly sworn, is the applicant. Jaeger addressed the setback issue, and is willing to wait to construct the horse barn until it is clear whether or not the new ordinance will lessen some of the road setback requirements. If that is the case, he may not need a variance to construct the building. He reiterated that there are two farmers willing to accept the waste from the horses. The Board will view the site. Article Four: Bruce Libby Eslinger told the Board that the request is for a 49 -foot variance from the centerline of a Class D Highway to allow the applicant to expand a non - conforming dwelling. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Applicant for variance Exhibit 3: Site location map Exhibit 4: Photos The expansion will be parallel to the road, and will not make the structure any more non- conforming. The applicant received a building permit from the Town of Warren, and the building inspector had been out to the site. The project has been started. The Town of Warren has approved of the project. Eslinger added that the reason for the addition is that the applicant has serious health issues and is very difficult to climb the stairs in the home. Therefore, the addition is to add a bedroom onto the first floor for the applicant. Bruce and Joanne Libby, being duly sworn, are the owners of the property. Mr. Libby handed out a letter from his doctor addressing his health issues and stating that it is very difficult for Libby to climb stairs. Libby explained that he thought he was going through the proper channels by going to the Town, and was not aware that a variance was needed until just recently. The building inspector from the town had been out to the property before the footings were poured, and issued the building permit. He reiterated that the addition will not be closer to the road than the existing structure. 5 ` . There was no opposition to the request. The Board will view the site. Article Five: John and Kathleen Fercello The request is for a special exception permit for filling and grading in a Shoreland District to allow the property owner to construct a home and driveway on Squaw Lake. There is an existing cabin on the site, and will be removed to construct a home that will comply with all of the setbacks. The LWCD has reviewed the request. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Application Exhibit 3: Location map Exhibit 4: Photos Exhibit 5: LWCD letter dated July 17, 2003 Jill Zaler, being duly sworn, is with JEO Consulting Group and representing the applicant. She reiterated that the current cabin on the site is a non - conforming structure and has an outhouse. The applicants plan to remove the cabin and construct a home and a new septic, compliant with all the rules and regulations required. The lot is 3.9 acres in size. She went over the layout of the property and the proposed building plans for the site. The grading plans and erosion control plans were also reviewed with the Board. Staff has suggested that the maintenance plan be recorded with the drainage easement. Zaler added that the applicant is scheduled to appear before the Town of St. Joseph at their August 5 th meeting. Eslinger explained to the Board that the plans that have been submitted are well thought out and are consistent with the subdivision ordinance. There was no opposition to the request. The Board will view the site. Article Six: Tammec LLC and Cemstone, Monarch Paving Eslinger went over the staff report stating that this request is for a special exception permit to operate a temporary asphalt plant in the Ag/Residential District. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Application Exhibit 3: Location map The plant is being requested for the Wisconsin DOT project on I -94 for resurfacing being done near Baldwin. The permit would be valid for 120 days. There is an existing berm and vegetation already in place. The DNR issues a state -wide permit for these types of plants. Neil Bakke, being duly sworn, is representing this project. He reiterated that the plant is for the I -94 project that starts September 2 nd and needs to be completed by October 15 th . There is a possibility that this site may not be used, as the main plant for this is near New 6 Richmond, but with such a short time frame for the project to be completed, this site may be needed to get the project completed on time. Steve Derrick, being duly sworn, is a property owner bordering this site and is opposed to the request. He would like to see the plant located in Section 16 rather than Section 15. Discussion held. It was noted that a very large berm is located in Section 15 that would protect neighboring properties, and that this plant would be temporary in nature. The Board will view the site. The Board recessed from 11:30 a.m. to 2:40 p.m. to view the properties. DECISIONS: Paul Paulson/ Mann Valley Construction The Board asked the staff to work with Paulson and notify him that shrubbery on the property should be completed by September 15, 2003. Article One: Jeffrey and Jane Hinz Motion by Krueger, seconded by Golz to approve the request for a special exception for a two- family dwelling on property zoned Ag/Residential based on the following findings: 1. The Town of Kinnickinnic stated no objection to the request. 2. There was no opposition to the request. 3. The parcel is an adequate size for the home. 4. There is adequate screening in place on the property. 5. This is a reasonable request and is a use that is allowed in the Ag/Residential District with a permit. 6. The Board finds that the request is not contrary to the public interest. 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 permit allows the applicant to convert a single- family house into a duplex (two - family home). For any other use, the dwelling would have to fully comply with the provisions of the St. Croix County Land Use Regulations. 2. Applicant shall secure a sanitary permit for each structure from the Zoning Office and a building permit prior to commencing construction. 3. The best management practices (silt fence) must be installed before commencing grading activity (site preparation) for the project. 4. Applicant to provide a parking plan to the Zoning Department for review, which would provide a minimum of five (5) parking spaces for the two- family dwelling. 5. The property shall be kept in a neat and orderly manner. All outside storage of garbage containers shall be screened and protected from rodents. No junk, junk cars or garbage shall be allowed to accumulate on the property that may attract rodents or pose a threat to the health, safety and welfare of those citizens of St. Croix County. 6. A detailed landscaping/screening plan for the lot may be required to be submitted to the Zoning Office for review and approval. (The plan must specify the species name, size, location and the number of trees to be planted.) 7 7. All driving and parking areas must be provided with a dust free surface ` . (asphalt/concrete /road millings, etc...). The applicant must submit a paving plan to the Zoning Office prior to commencing this project. 8. Any proposed lighting is to be directed away from neighboring properties. 9. The Zoning office is to be notified at the start and the finish of the project. 10. The applicant must allow free and unlimited access to the project site at any reasonable time to any Zoning Office employee to inspect the property for compliance with these conditions. 11. 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. 12. The applicant shall have one (1) year from the issuance of the special exception permit to commence the construction. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before business commences, the applicant will be required to secure a new special exception permit before starting or completing the project. 13. 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. 14. 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; Marzolf, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Article Two: CANCELED Article Three: Motion by Golz, seconded by Speer to table the variance request to the Class D Highway to allow the applicant to wait until the new ordinance is in place. The applicant may come back before the Board for a decision at anytime before the ordinance is in place. The following vote was taken to table: Marzolf, yes; Krueger, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Motion by Golz, seconded by Krueger to approve the request to exceed the number of animal units allowed on a 2 % to 5 acre parcel in the Ag/Residential District based on the following findings: 1. The Town of St. Joseph has approved of the request. 2. There was no opposition to the request. 3. The applicant has contracted with two area farmers who have agreed to accept the horse manure. 4. The Land and Water Conservation Department has approved of the plans. 5. The Board finds that the request is not contrary to the public interest. 6. 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: Krueger, yes; Marzolf, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Article Four: Bruce Libby Motion by Krueger, seconded by Golz to approve the variance request for a permit to allow an addition to be constructed on a non - conforming structure based on the following findings: 1. The addition to the structure will not be any closer to the road. 2. The applicant provided proof from his doctor that there are health reasons for the addition of a bedroom on the first floor of the existing home. 3. The addition meets the sideyard setbacks on the property so the addition would not affect any future development of the adjacent property 4. The structure has been in the current location for approximately 100 years. 5. The applicant acted in good faith by starting this construction. A building permit was issued by the Town of Warren before the construction began. 6. The Town of Warren has approved of the request. 7. The Board finds that the request is not contrary to the public interest. 8. The Board finds that the spirit and intent of the ordinance would be met by granting this request The following vote was taken table: Marzolf, yes; Golz, yes; Krueger, yes; Chairperson Speer, yes. Motion carried. Article Five: John and Kathleen Fercello Motion by Krueger, seconded by Golz to approve the special exception request for a permit for filling and grading in a Shoreland District based on the following findings: 1. The non - conforming structure will be removed and the new structure will conform to the ordinance standards and the Shoreland setbacks. 2. Professional plans have been submitted for the construction of the home and erosion control measures have been put in place. 3. There were no objections to the request. 4. There were no objections expressed the Squaw Lake Rehabilitation District. 5. The LWCD has reviewed and all concerns have been addressed. 6. The Board finds that the request is not contrary to the public interest. 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 permit is not valid until the applicant receives a non - objection from the Town of Star Prairie. 2. This permit allows the applicant to disturb slopes greater than 20% and fill and grade in the shoreland area of Squaw Lake to construct a driveway and house and to remove an existing cabin. 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 9 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 • 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. • Guarantees will not be released until the County is satisfied that the project has been installed as approved and designed and upon evidence that the site is stabilized. Financial guarantees equal to 120% of approved construction estimates must be submitted for the 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. 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 private onsite wastewater treatment system (POWTS) must be staked by the engineer /surveyor prior to beginning construction to insure the mound site is protected during the project. Zoning staff must verify that this has been completed at the pre - construction meeting. 6. Prior to beginning any work, the applicant must schedule an on -site pre - construction meeting that includes the landowner, contractor, engineer, architect, and St. Croix County Zoning and LWCD staff members. Items to be discussed include but are not limited to coordinating installation of BMP's, construction timelines, roles and responsibilities of owner, engineer, architect, contractor, etc. 7. 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. 8. The applicant shall provide the Zoning Office proof that the existing well and outhouse were abandoned as required by State approved methods. 9. The applicant shall obtain all necessary approvals from the Wisconsin Department of Natural Resources. 10. The applicant shall follow the plans as approved by the St. Croix County Land and Water Conservation Department. 11. The applicant must secure a township building permit before commencing construction. 12. The Zoning office is to be notified at the start and the finish of the project. 13. Any minor change or addition to the project, including but not limited to design of the project, shall require review and approval by the Zoning Administrator and the Land and Water Conservation Department prior to making the change or 10 addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 14. The applicant shall have one (1) year from the issuance of the special exception permit to commence construction. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before construction commences, the applicant will be required to secure a new special exception permit before starting or completing construction on the project. 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. The following vote was taken to approve: Marzolf, yes; Golz, yes; Krueger, yes; Chairperson Speer, yes. Motion carried. ArticleSix: Tammec LLC and Cemstone/ Monarch Paving Motion by Marzolf, seconded by Speer to approve the special exception request for a permit to operate a temporary asphalt plant in the Ag/Residential District based on the following findings: 1. The plant will be temporary in nature and will be used if needed to meet deadlines for the state DOT I -94 project. 2. The Board believes the concern raised by the public has been addressed. Locating the plant in Section 15 on the property places the plant in the proximity to the area being mined that will minimize the dust, as hauling of the aggregate will be reduced. 3. The property is well screened and there is an existing berm on the site that will protect neighboring properties from the plant. 4. The request serves a public need. 5. Past experience working with this company has been excellent and all conditions have been met. 6. The request is a use that is allowed in the Ag/Residential District with a permit. 7. The applicant may request extended hours from the Zoning Director if needed to complete the project as outlined by the DOT. 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 With the following conditions: 1. The Board of Adjustments may want to consider the some of the following conditions if the permit is granted: 2. Applicant is to notify the Zoning Department in writing (within 30 days of the public hearing) to confirm the date the hot mix plant will begin its operation. The plant shall not exceed 120 days in operations from day the plant begins operation. Permit includes operation of hot mix plant and hauling material on and off the site. 11 3. Applicant shall follow all state and federal operating guidelines, including keeping daily inspection logs. 4. Applicant is responsible to clean up any spillage of asphalt product on all haul roads. 5. Applicant must notify the zoning office upon completion of the project. 6. Applicant is responsible for on -site dust abatement during the duration of the permit. 7. This permit includes temporary equipment placement related to the operation of the asphalt plant. 8. The property shall be kept in a neat and orderly manner. 9. Hours of operation shall not exceed 5:00 a.m. —10:00 p.m., Monday — Saturday. 10. Applicant must contact Jack Colvard, Emergency Government Director at (715) 386 -4719, if a spill occurs at the site. 11. Monarch Paving shall reclaim the site to the conditions that existed prior to the placement of the temporary asphalt plant and related equipment. 12. The applicant must allow free and unlimited access to the project site at any reasonable time to any Zoning Office employee to inspect the property for compliance with these conditions. 13. 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. 14. The applicant shall have one (1) year from the issuance of the special exception permit to commence the construction. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before business commences, the applicant will be required to secure a new special exception permit before starting or completing the project. 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. The following vote was taken to approve: Golz, yes; Krueger, yes; Marzolf, yes; Chairperson Speer, yes. Motion carried. Old Business: County Materials Motion by Golz, seconded by Speer to table the request of County Materials for expansion of the existing site for the following reasons: The Board requires more information and/or clarification regarding the following items: 1. Site plans need to be labeled properly. Avoid duplicating page numbers. 2. The plans must be stamped a professional engineer and licensed surveyor, where applicable, in the State of Wisconsin. The licensed surveyor must stamp the boundary survey. 3. The board stipulated that you must enlist the help of a professional to assist with the landscaping plan, as this is an important component of your permit that has not been properly addressed. 12 ' . Provide additional landscaping details for the following areas: a. The berm along 70 Ave is in poor /unsightly condition. The plan shall include the planting list and maintenance schedule for this berm. b. The landscaping plan for the site must have at least 15% of the industrial zoned parcel devoted for landscape purposes. Work with a landscape architect to provide a plan and the calculation that shows the site conforms with the ordinance standard. Refer to Section 17.19 (1) (f) 5. c. Revise the screening plan for the southwest property line along the I -94 corridor to include two rows of staggered coniferous trees 4 to 6 feet in height planted 15 feet on center. 4. The applicant shall report the type and volume of all petroleum products kept onsite with the St. Croix County Emergency Management Department. Submit a pollution plan for all of the hazards wastes that are located onsite and indicate their volumes. 5. The applicant shall clarify in the sign chart the type of signage that exists and the signage that is proposed for the industrial property. The sign chart is labeled existing signage and includes all signage, existing and proposed. 6. The applicant shall correct the sign chart to clarify whether the new freestanding sign along the I -94 corridor will be 240 square feet or 288 square feet. There is a discrepancy with the dimensions on the site drawings. 7. Removal of topsoil is not allowed without a separate special exception approval for a nonmetallic mining operation. There are some exemptions that can be explored and are listed in Nonmetallic Mining Ordinance. Provide the amount of material (top soil), in cubic yards, that has been removed from the property and indicate the duration of removal. County Materials does not have a special exception for nonmetallic mining at this site. 8. 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 landscaping installation, erosion control and grading activities (to ensure proper construction) and installation of the trees, and complete construction of the storm water and sediment ponds. 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 • 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. 9. This information should be delivered to the Zoning Office for review. 10. The Board felt strongly that the revised information did not adequately address the reasons for tabling the request on May 22, 2003. The Board tabled this request until the Board's next meeting on August 28, 2003, at which time the 13 Board will review the request to approve or deny this request. The required ° . information must be submitted by noon on Wednesday, August 18, 2003. Failure to meet this final deadline to provide the County with the requested information will result in the issuance of daily citations for County Concretes failure to comply with the conditions stipulated in the special exception permit dated March 29, 2001. The following vote was taken to table: Krueger, yes; Marzolf, yes; Golz, yes; Chairperson Speer. Motion carried. Eslinger briefly reviewed the recent court cases, and explained that Corporation Counsel will be available at an upcoming meeting to explain further. Hearing declared adjourned at 4:20 p.m. Respectfully submitted: Richard Peterson, Secretary Debbie Zimmermann, Recording Secretary 14 OFFICIAL BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES July 24, 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, Stan Krueger and Richard (Buzz) Marzolf were present. Rich Peterson 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 Krueger to adopt the agenda. Motion carried. The Board set the next meeting date as August 28, 2003 and will be held in the County Board Room, at the Government Center. The starting time will be 8:30 a.m. ELECTION OF OFFICERS Stan Krueger opened nominations for election of officers for the Board of Adjustments. Motion by Golz, seconded by Marzolf to nominate Julie Speer for Chairman of the Board. Unanimous vote was cast for Julie Speer to serve as Chairman. Chairman Speer opened nominations for Vice Chairman. Motion by Golz, seconded by Marzolf to nominate Stan Krueger for Vice - Chairman of the Board. Unanimous vote was cast for Stan Krueger to serve as Vice - Chairman. Chairman Speer opened nominations for Secretary. Motion by Krueger, seconded by Golz to nominate Rich Peterson as Secretary of the Board. Unanimous vote was cast for Rich Peterson to serve as Secretary. MINUTES Motion by Marzolf, seconded by Krueger to adopt the minutes from the June 26, 2003 hearing with a typographical correction. Motion carried. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available today if needed. OTHER BUSINESS Eslinger explained that the staff has been working with Paul Paulson on some outstanding conditions related to his special exception permit. Paulson is here today to speak to the Board on where things are at. Paul Paulson, being duly sworn, went over the conditions in question with the Board. He has addressed most of the outstanding conditions and hard surfacing on the property has been put in place. The berm is seeded and the privacy fence will be put up on the west side of the property. If the Board feels it is necessary, he will place shrubbery on the berm as well. Discussion held on these conditions and the outstanding landscaping issues The Board will view the site today. OLD BUSINESS ` County Materials/ Sonnentag Family Limited Partnership: The hearing in this matter was held on May 22, 2003 and was tabled for additional information from the applicant. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Additional information supplied by the applicant Staff went over the conditions that still had some outstanding issues, which included conditions 2, 3, 4, 5, 6, 7, 8 and 11. The town has approved of the expansion, with the request that the conditions of the special exception permit are complied with. Roger Humphrey, Engineer, Buck Sweeney, attorney for County Materials, and David Reneson, representing County Materials, were sworn in. Humphrey went over the maps of the project with the Board, pointing out the proposed drainage areas and how they will work. The issue of landscaping and tree planting was discussed. It was suggested that a detailed screening plan be submitted. Sweeney stated that all of the appropriate paperwork has been filed with the state on any petroleum products kept on site. They are also compliant with all fire codes. A discussion was held with the Board on signage. The DOT has indicated that a permit is not needed for the signage off of the Interstate. Sweeney and Humphrey went over the plans for the expansion of the business, and the water retention areas. The Board questioned why it has taken so long to do this. Sweeney explained that the applicant is looking at the best location to place the ponds. A discussion was held that this outstanding condition dates back to 2001 and needs to be taken care of as soon as possible, as it is creating problems on the site. Further discussion was held on making sure the industrial activity is taking place on the property zoned industrial, and not on the ag/residential property. The applicant stated that doing this would not be a problem. A short discussion was held on the existing lighting on the property. Eslinger agreed with the applicant that the lighting issues have been adequately addressed. It was noted that the amount for the performance bond was incorrect The applicant will correct the amount. The Board recessed from 10:00 a.m. to 10:15 a.m. 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, July 24, 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 2 the appeals. 1. ARTICLE: Special Exception request for a two family dwelling in the Ag/Residential District pursuant to Section 17.15(6)(a). APPELLANT: Jeffrey R. and Jane M. Hinz LOCATION: The NE 1 /4 - SW 1 /4, Section 26, T28N -RI 8W, Town of Kinnickinnic ADDRESS: 134 Ponderosa, River Falls, WI 54022 2. ARTICLE: CANCELED: Special Exception request for filling and grading on slopes in excess of 20% pursuant to Section 17.15(6)(t). The request is for a special exception permit to allow the property owner to construct a driveway on the property. APELLANT: Dan Bauer LOCATION: The SW 1 /4 of Section 29, T28N -R18W, Town of Kinnickinnic ADDRESS: Off of Quarry Road, River Falls, WI 54022 3. ARTICLE: Variance request to the Class "D" Highway requirements pursuant to Section 17.64(1)(d)2. The request is for a 39 -foot variance from the 100 -foot road right -of -way setback to construct a horse barn on the property. APELLANT: Paul and Barb Jaeger LOCATION: The NE 1 /4 -NE 1 /4, Section 33, T30N -R19W, Town of St. Joseph ADDRESS: 595 Perch Lake Road, Hudson, WI 54016 4. ARTICLE: Variance request to the Class "D" Highway requirements pursuant to Section 17.64(1)(d)2. The request is for a 49 -foot variance fi the 133 -foot centerline setback to expand a non - conforming dwelling. APELLANT: Bruce Libby LOCATION: The SE 1 /4- NE 1 /4, Section 9, T29N -R18W, Town of Warren ADDRESS: 1074 120 Street, Roberts, WI 54023 5. ARTICLE: Special Exception request for filling and grading on slopes in excess of 20% in a Shoreland District pursuant to Section 17.29(2)(c )1. Request is for a special exception permit to allow the property owner to construct a new home and driveway on the property. APELLANT: John and Kathleen Fercello, owners/ JEO Consulting Group, Inc., agent LOCATION: The SE 1 /4- SE 1 /4, Section 8, T31N -R18W, Town of Star Prairie ADDRESS: 2198 Cabin Lane, Star Prairie, WI 6. ARTICLE: Special Exception request to locate a temporary asphalt plant in the Ag/Residential District pursuant to Section 17.15(6)(n). The request is to allow a temporary asphalt plant to be used for state, county and township road projects in the county. APPELLANT: Tammec LLC, Cemstone, Inc, owners/ Monarch Paving Co., applicant LOCATION: The SW' /4 of Section 15 and the E %2 of the SE 1 /4, Section 16, all located in T30N -Rl8W, Town of Richmond. ADDRESS: 1190 County Road G, New Richmond, WI 54017 3 7. ARTICLE: Items 1 and 2 CANCELED: Iteml : Special Exception request for non - metallic mining operation pursuant to Section 17.15(6)(g) subject to the provisions of Ordinance number 226(89) of the St. Croix County Zoning Ordinance. The request is to operate a non- metallic mining operation in the Ag/Residential District. Item 2: Variance request to the 100 -foot setback pursuant to Section 226(89)F.3. The request is for a 50 -foot variance from the 100 -foot setback requirement. APELLANT: County Materials Corporation, owner/ Cedar Corp., agent LOCATION: The W '/z of Section 22, T30N -R1 8W, Town of Richmond ADDRESS: 1215 County Road G, 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: Jeffrey and Jan Hinz Eslinger explained that this request is for a special exception permit to allow a two family dwelling on an ag /residential parcel in the Town of Kinnickinnic. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Application for special exception with narrative Exhibit 3: Location map Exhibit 4: Photos Eslinger went over the staff report stating that the site is 37.9 acres in size and there has been a soil test completed and approved for the site. An existing driveway already serves the parcel. In a letter dated July 8, 2003, the Town Board has stated that they have no objection to the request. Jane Hinz, being duly sworn, is one of the owners of the property. The home is being moved onto the property from a site in River Falls, This building is her family home and they plan to move it onto their property and change it into a two family dwelling and allow her daughter to live in part of the home. There was no opposition to the request. The Board will view the site. Article Two: Canceled Article Three: Paul and Barb Jaeger Eslinger explained the variance request for a 39 -foot variance to the 133 -foot setback requirements for a Class D road. The applicant is requesting to construct a 40 by 40 foot horse barn on the property. 4 The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application for variance Exhibit 3: Site location map Eslinger went over the staff report, further explaining that the applicant is requesting to exceed the number of animal units allowed on 2 1 /2 to 5 acres. The parcel of land is 4.5 acres in size, and one horse would be allowed on that parcel. The request is to have two horses. The applicant has contracted with two are farmers to accept the animal waste for spreading. The concerns stated by the Land and Water Conservation Department have been met, and an erosion control plan has been put in place. The Town of St. Joseph has approved of the applicant to have two horses on the property, but tabled the variance request. The Town stated that the new ordinance may be changing some of the road setbacks, and would like to wait to see what happens when the new ordinance comes out. Paul Jaeger, being duly sworn, is the applicant. Jaeger addressed the setback issue, and is willing to wait to construct the horse barn until it is clear whether or not the new ordinance will lessen some of the road setback requirements. If that is the case, he may not need a variance to construct the building. He reiterated that there are two farmers willing to accept the waste from the horses. The Board will view the site. Article Four: Bruce Libby_ Eslinger told the Board that the request is for a 49 -foot variance from the centerline of a Class D Highway to allow the applicant to expand a non - conforming dwelling. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Applicant for variance Exhibit 3: Site location map Exhibit 4: Photos The expansion will be parallel to the road, and will not make the structure any more non- conforming. The applicant received a building permit from the Town of Warren, and the building inspector had been out to the site. The project has been started. The Town of Warren has approved of the project. Eslinger added that the reason for the addition is that the applicant has serious health issues and is very difficult to climb the stairs in the home. Therefore, the addition is to add a bedroom onto the first floor for the applicant. Bruce and Joanne Libby, being duly sworn, are the owners of the property. Mr. Libby handed out a letter from his doctor addressing his health issues and stating that it is very difficult for Libby to climb stairs. Libby explained that he thought he was going through the proper channels by going to the Town, and was not aware that a variance was needed until just recently. The building inspector from the town had been out to the property before the footings were poured, and issued the building permit. He reiterated that the addition will not be closer to the road than the existing structure. 5 w b There was no opposition to the request. The Board will view the site. Article Five: John and Kathleen Fercello The request is for a special exception permit for filling and grading in a Shoreland District to allow the property owner to construct a home and driveway on Squaw Lake. There is an existing cabin on the site, and will be removed to construct a home that will comply with all of the setbacks. The LWCD has reviewed the request. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Application Exhibit 3: Location map Exhibit 4: Photos Exhibit 5: LWCD letter dated July 17, 2003 Jill Zaler, being duly sworn, is with JEO Consulting Group and representing the applicant. She reiterated that the current cabin on the site is a non - conforming structure and has an outhouse. The applicants plan to remove the cabin and construct a home and a new septic, compliant with all the rules and regulations required. The lot is 3.9 acres in size. She went over the layout of the property and the proposed building plans for the site. The grading plans and erosion control plans were also reviewed with the Board. Staff has suggested that the maintenance plan be recorded with the drainage easement. Zaler added that the applicant is scheduled to appear before the Town of St. Joseph at their August 5 th meeting. Eslinger explained to the Board that the plans that have been submitted are well thought out and are consistent with the subdivision ordinance. There was no opposition to the request. The Board will view the site. Article Six: Tammec LLC and Cemstone, Monarch Pavin Eslinger went over the staff report stating that this request is for a special exception permit to operate a temporary asphalt plant in the Ag/Residential District. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Application Exhibit 3: Location map The plant is being requested for the Wisconsin DOT project on I -94 for resurfacing being done near Baldwin. The permit would be valid for 120 days. There is an existing berm and vegetation already in place. The DNR issues a state -wide permit for these types of plants. Neil Bakke, being duly sworn, is representing this project. He reiterated that the plant is for the I -94 project that starts September 2 nd and needs to be completed by October 15 th . There is a possibility that this site may not be used, as the main plant for this is near New 6 • Richmond, but with such a short time frame for the project to be completed, this site may be needed to get the project completed on time. Steve Derrick, being duly sworn, is a property owner bordering this site and is opposed to the request. He would like to see the plant located in Section 16 rather than Section 15. Discussion held. It was noted that a very large berm is located in Section 15 that would protect neighboring properties, and that this plant would be temporary in nature. The Board will view the site. The Board recessed from 11:30 a.m. to 2:40 p.m. to view the properties. DECISIONS: Paul Paulson/ Mann Valley Construction The Board asked the staff to work with Paulson and notify him that shrubbery on the property should be completed by September 15, 2003. Article One: Jeffrey and Jane Hinz Motion by Krueger, seconded by Golz to approve the request for a special exception for a two - family dwelling on property zoned Ag/Residential based on the following findings: 1. The Town of Kinnickinnic stated no objection to the request. 2. There was no opposition to the request. 3. The parcel is an adequate size for the home. 4. There is adequate screening in place on the property. 5. This is a reasonable request and is a use that is allowed in the Ag/Residential District with a permit. 6. The Board finds that the request is not contrary to the public interest. 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 permit allows the applicant to convert a single - family house into a duplex (two - family home). For any other use, the dwelling would have to fully comply with the provisions of the St. Croix County Land Use Regulations. 2. Applicant shall secure a sanitary permit for each structure from the Zoning Office and a building permit prior to commencing construction. 3. The best management practices (silt fence) must be installed before commencing grading activity (site preparation) for the project. 4. Applicant to provide a parking plan to the Zoning Department for review, which would provide a minimum of five (5) parking spaces for the two- family dwelling. 5. The property shall be kept in a neat and orderly manner. All outside storage of garbage containers shall be screened and protected from rodents. No junk, junk cars or garbage shall be allowed to accumulate on the property that may attract rodents or pose a threat to the health, safety and welfare of those citizens of St. Croix County. 6. A detailed landscaping/screening plan for the lot may be required to be submitted to the Zoning Office for review and approval. (The plan must specify the species name, size, location and the number of trees to be planted.) 7 7. All driving and parking areas must be provided with a dust free surface (asphalt/concrete /road millings, etc...). The applicant must submit a paving plan to the Zoning Office prior to commencing this project. 8. Any proposed lighting is to be directed away from neighboring properties. 9. The Zoning office is to be notified at the start and the finish of the project. 10. The applicant must allow free and unlimited access to the project site at any reasonable time to any Zoning Office employee to inspect the property for compliance with these conditions. 11. 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. 12. The applicant shall have one (1) year from the issuance of the special exception permit to commence the construction. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before business commences, the applicant will be required to secure a new special exception permit before starting or completing the project. 13. 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. 14. 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; Marzolf, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Article Two: CANCELED Article Three: Motion by Golz, seconded by Speer to table the variance request to the Class D Highway to allow the applicant to wait until the new ordinance is in place. The applicant may come back before the Board for a decision at anytime before the ordinance is in place. The following vote was taken to table: Marzolf, yes; Krueger, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Motion by Golz, seconded by Krueger to approve the request to exceed the number of animal units allowed on a 2 % to 5 acre parcel in the Ag/Residential District based on the following findings: 1. The Town of St. Joseph has approved of the request. 2. There was no opposition to the request. 3. The applicant has contracted with two area farmers who have agreed to accept the horse manure. 4. The Land and Water Conservation Department has approved of the plans. 5. The Board finds that the request is not contrary to the public interest. 6. 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: Krueger, yes; Marzolf, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Article Four: Bruce Libby Motion by Krueger, seconded by Golz to approve the variance request for a permit to allow an addition to be constructed on a non - conforming structure based on the following findings: 1. The addition to the structure will not be any closer to the road. 2. The applicant provided proof from his doctor that there are health reasons for the addition of a bedroom on the first floor of the existing home. 3. The addition meets the sideyard setbacks on the property so the addition would not affect any future development of the adjacent property 4. The structure has been in the current location for approximately 100 years. 5. The applicant acted in good faith by starting this construction. A building permit was issued by the Town of Warren before the construction began. 6. The Town of Warren has approved of the request. 7. The Board finds that the request is not contrary to the public interest. 8. The Board finds that the spirit and intent of the ordinance would be met by granting this request The following vote was taken table: Marzolf, yes; Golz, yes; Krueger, yes; Chairperson Speer, yes. Motion carried. Article Five: John and Kathleen Fercello Motion by Krueger, seconded by Golz to approve the special exception request for a permit for filling and grading in a Shoreland District based on the following findings: 1. The non - conforming structure will be removed and the new structure will conform to the ordinance standards and the Shoreland setbacks. 2. Professional plans have been submitted for the construction of the home and erosion control measures have been put in place. 3. There were no objections to the request. 4. There were no objections expressed the Squaw Lake Rehabilitation District. 5. The LWCD has reviewed and all concerns have been addressed. 6. The Board finds that the request is not contrary to the public interest. 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 permit is not valid until the applicant receives a non - objection from the Town of Star Prairie. 2. This permit allows the applicant to disturb slopes greater than 20% and fill and grade in the shoreland area of Squaw Lake to construct a driveway and house and to remove an existing cabin. 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 9 • 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 • 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. • Guarantees will not be released until the County is satisfied that the project has been installed as approved and designed and upon evidence that the site is stabilized. Financial guarantees equal to 120% of approved construction estimates must be submitted for the 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. 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 private onsite wastewater treatment system (POWTS) must be staked by the engineer /surveyor prior to beginning construction to insure the mound site is protected during the project. Zoning staff must verify that this has been completed at the pre - construction meeting. 6. Prior to beginning any work, the applicant must schedule an on -site pre - construction meeting that includes the landowner, contractor, engineer, architect, and St. Croix County Zoning and LWCD staff members. Items to be discussed include but are not limited to coordinating installation of BMP's, construction timelines, roles and responsibilities of owner, engineer, architect, contractor, etc. 7. 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. 8. The applicant shall provide the Zoning Office proof that the existing well and outhouse were abandoned as required by State approved methods. 9. The applicant shall obtain all necessary approvals from the Wisconsin Department of Natural Resources. 10. The applicant shall follow the plans as approved by the St. Croix County Land and Water Conservation Department. 11. The applicant must secure a township building permit before commencing construction. 12. The Zoning office is to be notified at the start and the finish of the project. 13. Any minor change or addition to the project, including but not limited to design of the project, shall require review and approval by the Zoning Administrator and the Land and Water Conservation Department prior to making the change or 10 �' • addition. Any major change or addition to the originally approved plan will have ' to go through the special exception approval process. 14. The applicant shall have one (1) year from the issuance of the special exception permit to commence construction. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before construction commences, the applicant will be required to secure a new special exception permit before starting or completing construction on the project. 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. The following vote was taken to approve: Marzolf, yes; Golz, yes; Krueger, yes; Chairperson Speer, yes. Motion carried. ArticleSix: Tammec LLC and Cemstone/ Monarch Paving Motion by Marzolf, seconded by Speer to approve the special exception request for a permit to operate a temporary asphalt plant in the Ag/Residential District based on the following findings: 1. The plant will be temporary in nature and will be used if needed to meet deadlines for the state DOT I -94 project. 2. The Board believes the concern raised by the public has been addressed. Locating the plant in Section 15 on the property places the plant in the proximity to the area being mined that will minimize the dust, as hauling of the aggregate will be reduced. 3. The property is well screened and there is an existing berm on the site that will protect neighboring properties from the plant. 4. The request serves a public need. 5. Past experience working with this company has been excellent and all conditions have been met. 6. The request is a use that is allowed in the Ag/Residential District with a permit. 7. The applicant may request extended hours from the Zoning Director if needed to complete the project as outlined by the DOT. 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 With the following conditions: 1. The Board of Adjustments may want to consider the some of the following conditions if the permit is granted: 2. Applicant is to notify the Zoning Department in writing (within 30 days of the public hearing) to confirm the date the hot mix plant will begin its operation. The plant shall not exceed 120 days in operations from day the plant begins operation. Permit includes operation of hot mix plant and hauling material on and off the site. 11 ,' • 3. Applicant shall follow all state and federal operating guidelines, including keeping daily inspection logs. 4. Applicant is responsible to clean up any spillage of asphalt product on all haul roads. 5. Applicant must notify the zoning office upon completion of the project. 6. Applicant is responsible for on -site dust abatement during the duration of the permit. 7. This permit includes temporary equipment placement related to the operation of the asphalt plant. 8. The property shall be kept in a neat and orderly manner. 9. Hours of operation shall not exceed 5:00 a.m. — 10:00 p.m., Monday — Saturday. 10. Applicant must contact Jack Colvard, Emergency Government Director at (715) 386 -4719, if a spill occurs at the site. 11. Monarch Paving shall reclaim the site to the conditions that existed prior to the placement of the temporary asphalt plant and related equipment. 12. The applicant must allow free and unlimited access to the project site at any reasonable time to any Zoning Office employee to inspect the property for compliance with these conditions. 13. 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. 14. The applicant shall have one (1) year from the issuance of the special exception permit to commence the construction. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before business commences, the applicant will be required to secure a new special exception permit before starting or completing the project. 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. The following vote was taken to approve: Golz, yes; Krueger, yes; Marzolf, yes; Chairperson Speer, yes. Motion carried. Old Business: County Materials Motion by Golz, seconded by Speer to table the request of County Materials for expansion of the existing site for the following reasons: The Board requires more information and /or clarification regarding the following items: 1. Site plans need to be labeled properly. Avoid duplicating page numbers. 2. The plans must be stamped a professional engineer and licensed surveyor, where applicable, in the State of Wisconsin. The licensed surveyor must stamp the boundary survey. 3. The board stipulated that you must enlist the help of a professional to assist with the landscaping plan, as this is an important component of your permit that has not been properly addressed. 12 • ' Provide additional landscaping details for the following areas: a. The berm along 70 Ave is in poor /unsightly condition. The plan shall include the planting list and maintenance schedule for this berm. b. The landscaping plan for the site must have at least 15% of the industrial zoned parcel devoted for landscape purposes. Work with a landscape architect to provide a plan and the calculation that shows the site conforms with the ordinance standard. Refer to Section 17.19 (1) (f) 5. c. Revise the screening plan for the southwest property line along the I -94 corridor to include two rows of staggered coniferous trees 4 to 6 feet in height planted 15 feet on center. 4. The applicant shall report the type and volume of all petroleum products kept onsite with the St. Croix County Emergency Management Department. Submit a pollution plan for all of the hazards wastes that are located onsite and indicate their volumes. 5. The applicant shall clarify in the sign chart the type of signage that exists and the signage that is proposed for the industrial property. The sign chart is labeled existing signage and includes all signage, existing and proposed. 6. The applicant shall correct the sign chart to clarify whether the new freestanding sign along the I -94 corridor will be 240 square feet or 288 square feet. There is a discrepancy with the dimensions on the site drawings. 7. Removal of topsoil is not allowed without a separate special exception approval for a nonmetallic mining operation. There are some exemptions that can be explored and are listed in Nonmetallic Mining Ordinance. Provide the amount of material (top soil), in cubic yards, that has been removed from the property and indicate the duration of removal. County Materials does not have a special exception for nonmetallic mining at this site. 8. 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 landscaping installation, erosion control and grading activities (to ensure proper construction) and installation of the trees, and complete construction of the storm water and sediment ponds. 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 • 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. 9. This information should be delivered to the Zoning Office for review. 10. The Board felt strongly that the revised information did not adequately address the reasons for tabling the request on May 22, 2003. The Board tabled this request until the Board's next meeting on August 28, 2003, at which time the 13 r Board will review the request to approve or deny this request. The required information must be submitted by noon on Wednesday, August 18, 2003. Failure to meet this final deadline to provide the County with the requested information will result in the issuance of daily citations for County Concretes failure to comply with the conditions stipulated in the special exception permit dated March 29, 2001. The following vote was taken to table: Krueger, yes; Marzolf, yes; Golz, yes; Chairperson Speer. Motion carried. Eslinger briefly reviewed the recent court cases, and explained that Corporation Counsel will be available at an upcoming meeting to explain further. Hearing declared adjourned at 4:20 p.m. Respectfully submitted: / t J ` Ric and Peterso , Secretary Nebbie Zimmerma , Re ording Secretary 14