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HomeMy WebLinkAboutBoard of Adjustment 01-24-029 AGENDA 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, January 24, 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: Request tabled at the July 26, 2001 hearing ARTICLE: Special Exception request for a permit to operate an excavating business on property zoned Commercial pursuant to Section 17.18(1). The request is to allow Mann Valley Excavating to operate its business from the property and a pre- existing business known as Custom Embedding Company. APPELLANT: Gary Schoettle, owner, Paul Paulson, d.b.a. Mann Valley LLC/ agent. LOCATION: Located in NW % of the NE 1 14 , Section 27, T30N -R20W, Town of St. Joseph ADDRESS: 50 County Trunk E, Houlton, Wisconsin OTHER BUSINESS: VoiceStream vs. St. Croix County Case: Closed session pursuant to 19.85(1)(g) — conferring with legal counsel. Reconvene into open session pursuant to Section 19.85(2). OLD BUSINESS: NEW BUSINESS: See Attachment* ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT: (agenda not necessarily presented in this order) SUBMITTED BY: DATE: COPIES TO: St. Croix County Zoning Office January 16, 2002 County Board Office County Clerk Committee Members News Media /Notice Board *CANCELLATIONS /CHANGES /ADDITIONS Id PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, January 24, 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 a permit for filling and grading in a Shoreland District pursuant to Section 17.29(2)(a) of the St. Croix County Zoning Ordinance. The request is to install a culvert crossing in an intermittent tributary of the Rush River to access property owned by the applicant to construct a single family dwelling. APPELLANTS:Kurt and Molly Stehr, owner. LOCATION: The SW' /4 of the SE 1 /4, Section 18, T28N•R16W, Town of Eau Galle. ADDRESS: % mile East of Highway 63 on 30 Avenue, Baldwin, WI 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 i BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES January 24, 2002 The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A role call �N as made. Julie Speer, Tom Rose, Rich Peterson, Nick Golz and Dick King were present. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist and Greg Timmerman, Corporation Counsel. Chairperson Speer believes this to be a properly noticed meeting. Motion was made by King second by Golz to adopt the agenda. Motion carried. The Board set the next meeting date as February 28, 2002 and will be held in the County Board Room of the Government Center. The starting time will be 8:30 a.m. Motion by King second by Golz to approve minutes from the December 19, 2001 v ith a change on page 4, clarifying sewer line drainage language, and on page 8, should be 12:40 p.m., rather than 12:40 a.m. Rose asked that wording on time frame for the special exceptions be consistent on all permits, stating that all applicants shall have one year...... to act on the Special Exception permit. Eslinger will make sure that wording is consistent. All in favor. Motion carried. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will join the Board for the closed session. UNFINISHED BUSINESS Paul Paulson d.b.a. Mann Valley LLC Eslinger told the Board that this request was tabled at a previous hearing for more information. The request is for a permit to operate an excavating business on property zoned Commercial in the Town of St. Joseph. The applicant has responded to the Board's request for more information, and has provided that information. Eslinger went over the reasons the Board tabled the request, and the responses from the applicant. Staff believes has responded adequately to all concerns of the Board. Eslinger told the Board that the site is somewhat unusual, as it has existing commercial and residential uses on the site, that have been there for many years. The applicant has taken measures to separate the commercial buildings from the residential house on the property by using a berm. Further, the applicant has provided a second access to the property so that the commercial use will enter the property at one access, and the residential at another access. This is detailed in Exhibit 6. The staff believes that the applicant has attempted to better the situation with this proposed request. There is an existing business on the parcel, Custom Embedding, that has operated on the site for over 18 years. It will continue to do so for a period of no longer than 12 years, as stated in Exhibit 9. There is a separate holding tank for the wastewater from Custom Embedding. A DNR permit is required for the holding tank for the wastewater. The applicant will be applying for a permit to replace the tank with a code - compliant holding tank. Eslinger indicated there is additional drainfield capacity to expand the existing septic system currently serving the existing business, per letter submitted by Don Schmitt (Exhibit 7). Eslinger told the Board that the proposed sign for the parcel would be approximately 32 square feet in size (Exhibit 12). The ordinance allows up to a 100 square foot sign. The Town of St. Joseph has recommended approval of the special exception request. Eslinger noted that the Planning, Zoning and Parks Committee placed two conditions on the rezoning request for this property, those conditions being placed on Ordinance No. 607(2002), labeled as Exhibit #5, that was passed by the County Board oi'Super� isors. Eslinger stated that these two conditions should be considered as part oi' the Board's conditions, if they grant a favorable decision in this request. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Letter dated August 10, 2001 from the Zoning Department to Mann Valley LLC (Paul Paulson) Exhibit 3: Original Town of St. Joseph letter dated July 11, 2001. Exhibit 4: Letter from the Town of St. Joseph dated January 19, 2002 Exhibit 5: Ordinance No. 607, Rezoning land from Residential to Commercial Exhibit 6: New site plan, showing driveways on the property. Exhibit 7: Letter from Don Schmitt Exhibit 8: Application for the wastewater tank Exhibit 9: Letter regarding Custom Embedding's business Exhibit 10: Certified Survey Map Exhibit 11: Copy of Section 17.18 of the St. Croix County Ordinance Exhibit 12: Copy of drawing of the sign to be put on the property Paul Paulson, being duly sworn, is the applicant. Paulson told the Board that Eslinger had explained things well, and reiterated that they have been working on trying to get this property into compliance with the expectations of the county for a special exception. He believes that they have already met most of the conditions listed in the staff summary. A question was raised on hours of operation. Paulson responded that they would be 6:30 a.m. to 6:30 p.m., Monday through Friday, with an occasional Saturday. Most of the equipment for the business is kept at the site they are working at, and will not be stored on this parcel. There are no plans to keep a lot of material at the site. Again, most of the materials are kept at the site where they are working. Regarding the residential home on the property, Paulson stated that they plan to do some improvements to the house, and use as a rental. With the screening plans they have for the property, this should help to keep the residential area separated from the commercial area. Paulson has spoken with the neighbors in the area and there were no objections to this proposal. A short discussion was held by the Board. A motion was made by Golz, second by King to approved the request for a special exception to conduct a commercial business in the Commercial District, based on the following findings: 1. The Town of St. Joseph has recommended approval of the request. 2. The use is compatible with the surrounding area. 3. By granting the request, the site will be improved, and will bring the commercial property into compliance. 4. There was no opposition to the request. 5. 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 conduct his excavating business from the property. The existing business known as Custom Embedding Company to continue operation for a period no longer than 12 years from the date of this special permit (January 2014). 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 (January 2004). 3. The performance standards of Chapter 18.17 Commercial District fully apply to this permit. 4. The applicant shall maintain a 40 -foot buffer along the east property line, and a 60 -foot by 150 -foot buffer area on the northeast corner of the property (see exhibit 6). 5. Due to the marginal septic systems and wells in the Houlton area and the presence of fractured bedrock close to the surface, any future uses will be subject to close scrutiny for the purposes of the Private Onsite Wastewater Treatment System (POWTS) permit and inspection. 6. The applicant shall follow the landscaping /screening plan provided to the Zoning Office. All landscaping /screening- associated activities shall be completed by September 15, 2002. (All outdoor storage shall be screened.) 7. The total cumulative signage on the property shall be limited to 100- square feet. The applicant is proposing a 32 square foot sign. 8. The applicant is responsible for maintaining the site according to the approved plans. 9. This permit allows the applicant to maintain a total of 50 cubic yards of earthen materials onsite at any one time. 10. The applicant shall provide an equipment list identifying that equipment to be stored onsite. 11. The hours of operation shall be 6:30 a.m. to 6:30 p.m., Monday though Friday with occasional Saturday business hours. The zoning administrator shall pay close attention to the hours of operation at the two -year review. Any modification to these hours, or increase in the "occasional" Saturday operation, shall require amendment to the special exception permit. 12. This property shall not be used to store construction debris or asphalt /concrete debris. 13. The existing residential structure is nonconforming. All proposed remodeling, additions or alternations to the nonconforming structure must Have zoning approval prior to obtaining a local building permit. 14. The applicant shall provide a hard surface (asphalt /concrete) on all interior driving areas within six months of the granting of the permit. 15. No hazardous materials to be stored inside the facilities 16. Security lighting to be installed. Lighting must be illuminated downward and is to be shielded away from neighboring properties. (A light plan may be required, if warranted) 17. Retail sales of products or merchandise is not allowed on the site. 18. The Zoning office is to be notified at the start and the finish of the project. 19. 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 and the Land and Water Conservation Department 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. 20. 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. 21. 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: Rose, yes; Peterson, yes; King, yes; Golz, yes; Chairperson Speer, yes. Motion carried. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overvie\v ol' hoNN the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public hearing notice was published correctly and was read into the record as follows: PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, January 24, 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 a permit for filling and grading in a Shoreland District pursuant to Section 17.29(2)(a) of the St. Croix County Zoning Ordinance. The request is to install a culvert crossing in an intermittent tributary of the Rush River to access property owned by the applicant to construct a single - family dwelling. APPELLANTS:Kurt and Molly Stehr, owner. LOCATION: The SW 1 /4 of the SE 1 /4, Section 18, T28N -R16W, Town of Eau Galle. ADDRESS: '/2 mile East of Highway 63 on 30"' Avenue, Baldwin, WI 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 4 Article One: Kurt and Molly Stehr Eslinger explained this request is for a special exception permit for filling and grading in the Shoreland area of an unnamed tributary of the Rush River to install a set of culverts to allow the applicant access to their property, where they plan to build a single family residence. Eslinger went over the plans for the project, submitted by the applicant. The Land and Water Conservation Department has approved of the plans for the project. The Department of Natural Resources has reviewed the plans for the project, and found that it complies with the Chapter 30 standards of the Wisconsin Statutes. The Town of Eau Galle, by phone conversation between Eslinger and Town Clerk Bill Peavey, has recommended approval of the request, with the condition that the applicant receive a favorable recommendation from the Town's Planning Commission. Eslinger stated that the Planning Commission gave a favorable recommendation this w ec:k, and a letter is being sent to the zoning office. 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 the DNR Exhibit 5: Letter from the Land and Water Conservation Dept. Exhibit 6: Copy of photos of the property taken by the staff Exhibit 7: Copy of the zoning map and plat map Kurt Stehr, being duly sworn, is the applicant. He gave a copy of the approvals from the Town of Eau Galle Town Board, and Planning Commission to the Board. Eslinger entered these as Exhibit 8. Stehr said that they have been working on this project since last summer. They applied for a permit to the DNR in August, and did not receive a response until December. The permit states that it is only good until December 31 due to the time of year, but Stehr explained that all he needs to do is make a phone call to the DNR, and the permit will be reinstated. He plans to put these culverts in this spring. It was indicated to him by the DNR that the date of May 31 is typically when the last date for runoff is, so he will plan to go forward with the project after that date. Motion by Rose, second by Peterson to approved the request for a special exception permit for filling and grading in a Shoreland District, based on the following findings: 1. The Land and Water Conservation Department and the Department of Natural Resources have given approval of the plans. 2. The Town of Eau Galle Town Board and Planning Commission have recommended approval of the request. 3. The permit is necessary for utilization of the property and to gain access to the building site. 4. There was no opposition to the request. 5. The integrity of the ordinance will be upheld and the spirit and intent of the ordinance will be met by granting the request. 5 With the following conditions: ` I. The applicant shall install silt fence (erosion control measures) prior to commencing grading activities. The silt fence /erosion mat shall remain in place until the site is completely established. 2. The applicant shall follow the plans as approved by the St. Croix County Land and Water Conservation Department. 3. All structures must meet the minimum setback requirements as outlined in the St. Croix County Zoning Ordinance. 4. The applicant shall obtain all necessary approvals from the Wisconsin Department of Natural Resources. This includes all renewals. 5. The applicant shall provide the Zoning Office with the name and phone number of the person responsible for installing and maintaining the erosion control plan. 6. The Zoning office is to be notified at the start and the finish of the project. 7. All grading activities shall be completed before September 15, 2002. 8. 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 and the Land and Water Conservation Department 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. 9. 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. 10. 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; Peterson, yes; Rose, yes; Chairperson Speer, yes. Motion carried. The Board recessed into closed session pursuant to 19.85(I)(g) conferring with legal counsel on the VoiceStream vs. St. Croix County Case. Reconvene into open session pursuant to Section 19.85(2) Motion by Peterson, second by King to adjourn the meeting at 11:00 a.m. Respectfully submitted: Mich Peterson, Secretary Debbie Zimmerm n, Recording Secretary (Transcribed fro e)