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HomeMy WebLinkAboutBoard of Adjustment 03-28-02AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Thomas Dorsey, Chairman St. Croix County Board FROM: Julie Speer, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, March 28, 2002 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: 1) Staff update on past Board of Adjustment Decbions OLD BUSINESS: NEW BUSINESS: See attached ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT: (agenda not necessarily presented in this order) SUBMITTED BY: St. Croix County Zoning Office DATE: March 21, 2002 COPIES TO: County Board Office County Clerk Committee Members News Media /Notice Board *CANCELLATIONS /CHANGES /ADDITIONS PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, March B, 2002, 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. ARTICLE: Special Exception request for rock riprapping for shoreline protection pursuant to Section 17.36(6)(a)(3). Request is to rip rap the shoreline of twelve landowners in the Lower St. Croix River Valley District to repair and stabiize the shoreline damage. APPELLANTS: Richard & Genevieve Carlson, Stephen or Nancy Gianoli, Joseph & Susan Meyers, George & Joan Bond, Freedom Valu Center- David Erickson, Peter & Nancy Zitzewitz, David & Mary Hense, Steven or Monica Weekes, Frank Jr. or Frances Wilkinson, Bruce or Patricia Huber, Daniel and Jean Greenwald, Charles and Sandra MacDonnell, Margaret Odegard LOCATION: All properties located in Sections 13 and 24, T28N -R20W, Town of Troy ADDRESS: Located on Cove Road and North Cove Road, Hudson, Wisconsin 2. ARTICLE: Special Exception request for a land division in the St. Croix Riverway District pursuant to Section 17.36(6)(a)1 of the St. Croix County Zoning Ordinance. The request is to divide an existing lot in order to create a three lot minor subdivision. APPELLANTS:James and Josephine Bruegler, owner/ Bruce Lenzen, agent LOCATION: Gov. Lot 2, Section 12, T28N -R20W and SW ' /4 of the SW '/a of Section 7, T28N -R19W, Town of Troy. ADDRESS: 284 West Grove Road, Hudson, WI 3. ARTICLE: Variance request to the Class "D" Road requirements pursuant to Section 17.64(1)(d)2. The request is for a 33 -foot variance to the 100 -foot road - right -of -way setback to expand the buildable area on Lot 2 and Lot 3 of CSM Volume 14, page 3909. APPELLANT: Laurence W. Murphy LOCATION: NW' /4 of the SE 1 /4, Section 13, T28N -R16W, Town of Eau Galle ADDRESS: Intersection of County N and 27Ct Street 4. ARTICLE: Special Exception request for a feed and tack store and a boarding and training horse facility in the Ag /Residential District pursuant to Section 17.15(6)(m). The feed and tack store will provide livestock feed and products for the agricultural community. APPELLANT: Chris Germain LOCATION: NE' /4 of the NE 1 /4, Section 21, T2914-R18W, Town of Warren ADDRESS: 1177 Highway 12, Roberts, WI 54023 All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Director, Hudson, Wisconsin at (715) 3864680. Julie Speer, Chairperson St. Croix County Board of Adjustment Im BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES March 28, 2002 The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A role call was made. Julie Speer, Nick Golz and Dick King were present. Rich Peterson and Tom Rose were 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 second by King to adopt the agenda. Motion carried. The Board set the next meeting date as April 25, 2002 and will be held in the County Board Room at the Government Center. The starting time will be 8:30 a.m. Motion by King second by Golz to approve minutes from the February 28, 2002 meeting. All in favor. Motion carried. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available if needed. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public hearing notice was published correctly and was read into the record as follows: PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, March 28, 2002, at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. The Board will view each site in question, after which the Board will deliberate and vote on the appeals. 1. ARTICLE: Special Exception request for rock riprapping for shoreline protection pursuant to Section 17.36(6)(a)(3). Request is to rip rap the shoreline of twelve landowners in the Lower St. Croix River Valley District to repair and stabilize the shoreline damage. APPELLANTS: Richard & Genevieve Carlson, Stephen or Nancy Gianoli, Joseph & Susan Meyers, George & Joan Bond, Freedom Valu Center - David Erickson, Peter & Nancy Zitzewitz, David & Mary Hense, Steven or Monica Weekes, Frank Jr. or Frances Wilkinson, Bruce or Patricia Huber, Daniel and Jean Greenwald, Charles and Sandra MacDonnell, Margaret Odegard LOCATION: All properties located in Sections 13 and 24, T28N -R20W, Town of Troy ADDRESS: Located on Cove Road and North Cove Road, Hudson, Wisconsin 2. ARTICLE: Special Exception request for a land division in the St. Croix Riverway District pursuant to Section 17.36(6)(a)1 of the St. Croix County Zoning Ordinance. The request is to divide an existing lot in order to create a three lot minor subdivision. APPELLANTS:James and Josephine Bruegler, owner/ Bruce Lenzen, agent LOCATION: Gov. Lot 2, Section 12, T28N -R20W and SW 1 /4 of the SW '/4 of Section 7, T28N -R19W, Town of Troy. ADDRESS: 284 West Grove Road, Hudson, WI 3. ARTICLE: Variance request to the Class "D" Road requirements pursuant to Sectionl7.64(1)(d)2. The request is for a 33 -foot variance to the 100 -foot road - right -of -way setback to expand the buildable area on Lot 2 and Lot 3 of CSM Volume 14, page 3909. APPELLANT: Laurence W. Murphy LOCATION: NW '/4 of the SE 1 /4, Section 13, T28N -R16W, Town of Eau Galle ADDRESS: Intersection of County N and 270' Street 4. ARTICLE: Special Exception request for a feed and tack store and a boarding and training horse facility in the Ag/Residential District pursuant to Section 17.15(6)(m). The feed and tack store will provide livestock feed and products for the agricultural community. APPELLANT: Chris Germain LOCATION: NE 1 /4 of the NE 1 /4, Section 21, T29N -RI 8W, Town of Warren ADDRESS: 1177 Highway 12, Roberts, WI 54023 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: Rip Rap Project, St. Croix River Eslinger explained this request is for a special exception permit for a large rip rap project on the St. Croix River, between 13 landowners. This request came in last fall, and it has taken this long to get all the information together to be presented to the Board. The DNR and the Land and Water Conservation Department have been involved in this project, as well. The following exhibits were introduced Exhibit 1: Staff report Exhibit 2: Copy of application and attachments. Exhibit 3: Copy of site plan Exhibit 4: Letter from adjoining landowner stating concerns Exhibit 5: Copy of e -mail sent by the DNR on 3/22/02 Exhibit 6: Staff observations Exhibit 7: Copy of e -mail sent by LWCD Exhibit 8: Zoning map Exhibit 9: Applicant response to zoning staff letter Exhibit 10: Correspondence from the Town of Troy Eslinger told the Board that the applicant's agent is not here today, but there is a representative to answer questions on behalf of this application. The application is to stabilize the shoreline that has suffered damage from the high water. Most of the repairs 2 will be done to existing rip rap. A discussion was held on the height of the rip rap. Staff stated that each property was looked at separately, and a plan was designed for each property owner, that is adequate for their shoreline. The ordinary high watermark for this area is 688 feet. The proposed rip rap is higher than that, so staff believes that what is being proposed is adequate. The same contractor will be working on all 13 projects and that will help maintain a consistency throughout the project. Eslinger went on to tell the Board that the material being used will vary from lot to lot. The types of material used will be limestone, trap rock and fieldstone. Each type of material has its own standard that will be followed. Eunice Post, being duly sworn, is with the Department of Natural Resources. She is in agreement with the Zoning Office presentation, and the department permits will be issued on all of these, consistent with what the county has presented. Dave Hense, being duly sworn, is one of the property owners of the project. He reiterated that this project is to repair the rip rap along the shoreline and stabilize the slopes. The high winds and having two crests last year, did a lot of damage to this area, and the homeowners feel it needs to be taken care of. Fritz Anding, being duly sworn, is a supervisor from the Town of Troy. He is here representing the Town Board. The town has concerns about road damage from heavy equipment being used, and would like the contractor of the project to be bonded to repair the roads to their existing condition, if needed. This is referred to in the Town of Troy letter, labeled Exhibit 10. The Board will view the sites later today. Article Two: Josephine and James Brugler/ Bruce Lenzen Fisher explained that this request is for a special exception permit for land division in the Lower St. Croix Riverway District to allow a three lot minor subdivision. This has been an 18 -month project for the agent and the plat has gone through subdivision review and has received approvals from appropriate agencies. In order to be consistent with N.R. 118 law, the subdivision must be presented to the Board for their approval. Fisher added that the agent has worked diligently with the county and the DNR to come up with the best possible plan for this property. The existing road situation will greatly improve with this proposed plan. The DNR, Zoning and Land and Water have all signed off on this project, and have given their approval. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Copy of application and attachments. Exhibit 3: Copy of CSM Exhibit 4: Copy of engineered site plan Exhibit 5: Copy of letter from the Town of Troy stating approval Exhibit 6: Copy of e -mail from Land and Water Conservation Dept. Exhibit 7: Copy of zoning map Exhibit 8: Copy of e -mail from DNR stating no objection 3 Eunice Post, being previously sworn, stated that she concurs with zoning staff on this request. She has viewed the site with zoning and Lenzen, and the department has no objections. Fisher added that all road construction and erosion control will be bonded to insure that the project is constructed as designed. Bruce Lenzen, being duly sworn, is the agent for the Bruglers. He believes the process is complete and all issues have been taken care of The Board will view the site. Article Three: Laurence Murphy Eslinger explained that this request is for a 33 -foot variance from the 100 -foot road right - of -way setback of a Class D Highway to expand the buildable area on Lot 2 and 3 of the applicant's CSM. The lots were approved on July 26, 2000 by the St. Croix County Planning, Zoning and Parks Committee. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Copy of application and attachments. Exhibit 3: Copy of CSM Exhibit 4: Copy of letter from the Town of Eau Galle stating approval Exhibit 5: Copy of zoning map Eslinger went over the requirements of a Class D Highway with the Board. At the time of the CSM approval, the Town had indicated to the applicant that the road setbacks would be changed, but to this date, that has not happened. The Town of Eau Galle has recommended approval. Laurence Murphy, being duly sworn, is the owner of the property. At the time of the CSM, the Town of Eau Galle told Murphy that they plan to have their own zoning, and would decrease the setbacks from 133 -feet to 100 -feet, but currently they are still under county zoning. Murphy explained that the northerly lot does not have much of an area for a house to be constructed. Along with the road setbacks, there are setbacks from the Ordinary High Water Mark that need to be met. Murphy went over the map with the Board, showing the setback lines for the road and the OHWM. Discussion held. The Board will view the site. Article Four: Chris Germain Eslinger told the Board that this request is for a special exception permit to locate a Feed and Tack Store on this Ag /Residential piece of property. This request has sparked a lot of debate and review by the county staff. Under Section 17.15(6) of the ordinance, this ag related business is allowed. The special exception permit is to allow the applicant to sell equestrian related items and products from the site, such as saddles, clothing, etc. The items for the equestrian are subordinate to the primary agricultural use of the property. The property is adjacent to other commercial sites in the area, and very near the Village of Roberts. The following exhibits were introduced: Exhibit 1: Staff report 4 Exhibit 2: Copy of application and attachments. Exhibit 3: Copy of site plan Exhibit 4: Copy of letter from the Town of Warren stating approval Exhibit 5: Copy of letter to Germain from the staff Exhibit 6: Copy of zoning map Exhibit 7: Letter from applicant date March 21, 2002 Exhibit 8: Copy of site plan submitted by the applicant. Eslinger stated that the Town of Warren has recommended approval of the request. The applicant has addressed all of the concerns of the zoning staff. There will be a new septic system installed, if needed. The applicant has filed an application for access with the Department of Transportation, there is adequate parking on the site and screening plans are in place. Paving of the parking area will take place after the septic work is completed. Chris Germain, being duly sworn, is the applicant. She stated that there will be no outside storage, and has no plans to sell horse trailers, at this time. There are no immediate neighbors. Trees have already been planted for screening purposes. There is an existing building on the site that will be used for the business. Mary Ann Erickson, being duly sworn, is the nearest neighbor to this property to the west. She stated her objection, saying that there are enough feed stores in the area and does not see the need for another one. The Board will view the site. Update on past Board of Adjustment Decisions Eslinger updated the Board on the tabled items. Robert Gandee: Waiting for response from Edina Realty on a solution to this. Pat Collova: Eslinger has met with the DNR, the project engineer and Collova and are working on a plan to move this forward. Sprint Tower: Sprint is waiting for the results of the pending VoiceStream lawsuit. Information was given on pending lawsuits. The Gunderson case was dismissed, and are awaiting decisions in the Bettendorf and Sukowatey cases. Eslinger told the Board that there are some outstanding issues with Jon -De- Farms. Staff has met with Mr. Doornink to inform him of the outstanding conditions from his 2000 permit. He is currently working with staff on this. Eslinger told the Board to expect an application for an expansion of this dairy, in the very near future. David Sander joined the group. There have been some issues raised with Doornink with regard to spreading. They have violated their permit, and this has caused some problems. Staff is working with them to see that this does not happen again. Doornink is also contracted to do the spreading for Baldwin Dairies, and has done some illegal spreading for their farm, as well. The staff will continue to work with them, and keep the Board updated. Hillside Court (Walls Street Village) Trailer Park: Some issues have been raised by the fire department in New Richmond. They have been addressed by the engineers for the project. Staff is working with them on some outstanding conditions. The Board recessed at 10:30 a.m. to view the sites. DECISIONS The Board reconvened at 1:25 p.m. to render decisions. Article One: St. Croix River Rip Rap Protects (13) Motion by Golz, second by King to approve the request to for a rip rap project on the St. Croix River, based on the following findings: 1. The plans have been reviewed and approved by Zoning, Land and Water Conservation, Department of Natural Resources and Army Corp of Engineers. 2. The plan is well engineered and is an excellent comprehensive plan. 3. The project will be good for the environment. 4. The Town of Troy has recommended approval of the project. 5. The Board believes that any concerns and/or objections to the request have been addressed. 6. The integrity of the ordinance will be upheld and the spirit and intent of the ordinance will be met by granting the request. With the following conditions: 1. The applicant shall work with the Zoning and Land and Water Conservation Staff during this project to insure that the plans are implemented as designed and approved. 2. The applicant is to notify the Zoning Office at the commencement and completion of the project. 3. Comply with all DNR and Army Corps of Engineers requirements and obtain any permits necessary. 4. The applicant is to follow the eight conditions of the Town of Troy set forth in their letter to the zoning department dated March 22, 2002. 5. The applicant is required to submit a bond for the project to the zoning office in an amount to be determined between the Town and the applicants' engineer. 6. The applicant shall have one (1) year from the issuance of the Special Exception permit to act on the Special Exception Permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before commencing the rock rip -rap project. 7. Any minor change (or addition) in expansion of the project, shall require review and approval by the Zoning Director. Any major change and/or addition to the originally approved plan will go through the special exception approval process, where applicable, as stated in the ordinance. 8. 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. r • 9. 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: King, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Article Two: Josephine and James Brugler/ Bruce Lenzen Motion by King, second by Golz to approve the request for a land division in the Lower St. Croix River Valley District, based on the following findings: 1. The plans were designed by a Registered Land Surveyor and licensed engineer. 2. The plans were reviewed and approved by the Zoning Department, DNR, Land and Water Conservation and the Highway Department. 3. The proposed road design will improve the existing road situation. 4. The integrity of the ordinance will be upheld and the spirit and intent of the ordinance will be met by granting the request. With the following conditions: 1. This approval is for a three lot minor subdivision. 2. Vegetative cutting shall be limited to the house construction sites on lots 4 and 5. A site preparation plan must be submitted to the zoning office prior to the issuance of the sanitary permit to verify this condition. 3. All other standards of Chapter 17.36 apply to this land division. 4. An erosion control plan must be submitted and approved for each lot prior to the issuance of any sanitary permits (exhibit 6). • The plan shall include grading limits, construction timeline, building and driveway locations, and pre and post - development drainage. • Please include species and seeding and/or planting rates. Native plants should be incorporated into the final re- vegetation plan wherever possible. • The storm water management plan shall identify how the increased runoff due to development will be directed away from the bluff and not allowed to flow down the steep banks, which would cause erosion and bank instability. • The plan shall identify the person or persons responsible for installation and maintenance of practices on each lot. 5. Any minor change (or addition) in expansion of the project, shall require review and approval by the Zoning Director. Any major change and/or addition to the originally approved plan will go through the special exception approval process, where applicable, as stated in the ordinance. 6. 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. 7. 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; King, yes; Chairperson Speer, yes. Motion carried. wv� Article Three: Laurence Murphy Motion by Golz, second by King to deny the request for a 33 -foot variance from the 100 - foot road right -of -way setback of a class D highway, based on the following findings: 1. The Board found this to be a self - created hardship. The lot was created in July of 2000 and met all setbacks at that time. 2. The applicant has use of the existing lot and the lot can be utilized for a single family home. 3. The spirit and intent of the ordinance would not be met by granting this variance request. The following vote was taken to deny the request: King, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Article Four: Chris Germain Motion by Speer, second by Golz to approve the request for a special exception permit to operate a Feed and Tack Store in the Ag/Residential District, based on the following findings: 1. The Town of Warren has recommended approval of the request. 2. The use is compatible with the surrounding area and is adjacent to other commercial property. 3. The access is located on a State Highway. 4. The integrity of the ordinance will be upheld and the spirit and intent of the ordinance will be met by granting the request. With the following conditions: 1. This permit allows the applicant to operate a Feed and Tack Store as submitted and to train horses at this property. 2. The applicant shall have the Zoning Administrator review this special exception permit in two years from the approval date for compliance with this approval (March 2004). 3. The applicant shall follow the screening plan provided to the Zoning Office. All outdoor storage shall be screened. 4. The total cumulative signage on the property shall be limited to 100 - square feet. 5. The applicant is responsible for maintaining the site according to the approved plans. 6. Hours of operation of the Feed and Tack Store will be Monday- Saturday 10:00 a.m.- 8:00 p.m. and Sunday 12:00 p.m. — 5:00 p.m. 7. The applicant must maintain a minimum of 12 parking stalls for the Feed and Tack Store. The applicant stated that 30 parking spaces were available 8. The applicant shall provide a hard surface (asphalt /concrete) on all interior driving areas within six months of the granting of the permit. 9. No hazardous materials to be stored inside the facilities. 10. 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). 11. Any minor change or addition to the project, including but not limited to design of the facility, shall require review and approval by the Zoning Administrator prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 12. 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. 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: King, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Motion by King, second by Golz to adjourn the meeting at 2:10 p.m. Respectfully submitted: Julie Speer for Richard Peterson, Secretary 16, . ) - )ebb • •