HomeMy WebLinkAboutBoard of Adjustment 04-25-02AGENDA
ST. CROIX COUNTY
NOTICE OF COMMITTEE MEETING
TO: Clarence "Buck" Malick, Chairman
St. Croix County Board
FROM: Julie Speer, Chairman
COMMITTEE TITLE: St. Croix County Board of Adjustment
DATE: Thursday, April 25, 2002
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:
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: April 18, 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, April 25, 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 contractor storage yard pursuant to Section 17.15(6)(d).
Request is to locate a contractor storage yard for an excavating business in the
Ag /Residential District.
APPELLANT: Darin Ofstie
LOCATION: Fractional SW '/4 of Section 31, T28N -R16W, Town of Eau Galle
ADDRESS: 2104 Pierce /St. Croix Road, Baldwin, Wisconsin
2. ARTICLE: Item1: 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 sand borrow site
for six months for a Wisconsin Department of Transportation Highway 65
project.
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.
APPELLANT: Phillip LaVenture
LOCATION: The SE' /4 of the SW 1 /4, Section 11, T30N -R1 8W, Town of Richmond
ADDRESS: Off of State Highway 65, New Richmond, Wisconsin
3. ARTICLE: Special Exception request to locate a golf course in the Ag /Residential District pursuant
to Section 17.15(6)(r). The request is for an 1 &hole golf course and uses incidental to
the golf course.
APPELLANT: Ulferts Family Trust
LOCATION: The W' /2 of Section 9, T29N -R17W, Town of Hammond
ADDRESS: 1011 170 Street, Hammond, Wisconsin
4. ARTICLE: * ITEMS 1— 4 OF THIS ARTICLE CANCELED.
Item 1 : Variance request to grade on slopes greater than 12% in the Lower St. Croix
Riverway District pursuant to Section 17.36(5)(1)(1)b. Applicant is requesting to stabilize
slope failure.
Item 2 : Special Exception for filling and grading in the Lower St. Croix Riverway District
pursuant to Section 17.36(6)(a)3.
Item 3 : Special Exception request to replace a stairway on the bluff face pursuant to
Section 17.36(6)(a)4.
Item 4: Special Exception request for filling and grading in the Shoreland area of the St.
Croix River pursuant to Section 17.29(2)(c).
APPELLANT: Tom Rose
LOCATION: Lot 20 and 21 of the St. Croix Cove, Section 24 T28N -R20W, Town of Troy
ADDRESS: 270 Cove Road, Hudson, Wisconsin
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, Wisconsinat (715) 386 -4680.
Julie Speer, Chairperson
St. Croix County Board of Adjustment
BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES
April 25, 2002
The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A role call was
made. Julie Speer, Dick King, Tom Rose, and Richard (Buzz) Marzolf were present.
Rich Peterson was absent, and excused. Staff included: Rod Eslinger, Zoning Specialist
Deb Zimmermann, Administrative Assistant and Pete Kling, Land and Water
Conservation Department. Chairperson Speer believes this to be a properly noticed
meeting.
Motion was made by Rose second by King to adopt the agenda. Motion carried.
The Board set the next meeting date as May 23, 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 Speer second by King to approve minutes from the March 28, 2002 meeting.
All in favor. Motion carried.
ELECTION OF OFFICERS
Chairperson Speer announced that there will not be elections today, as the issues relating
to the appointments for the Board of Adjustment have not been resolved. She asked that
the minutes reflect that she is not in agreement with the terms of the appointments of
Board of Adjustment members, and will be speaking with the Administration Committee
about this matter. She asked that the Election of Officers be placed on the May agenda.
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,
April 25, 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 contractor storage yard pursuant to
Section 17.15(6)(d).Request is to locate a contractor storage yard
for an excavating business in the Ag/Residential District.
APPELLANT: Darin Ofstie
LOCATION: Fractional SW 1 /4 of Section 31, T28N -RI 6W, Town of Eau Galle
ADDRESS: 2104 Pierce /St. Croix Road, Baldwin, Wisconsin
2. ARTICLE: 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 sand borrow site for six
months for a Wisconsin Department of Transportation Highway 65
proj ect.
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.
APPELLANT: Phillip LaVenture
LOCATION: The SE 1 /4 of the SW 1 /4, Section 11, T30N -R18W, Town of
Richmond
ADDRESS: Off of State Highway 65, New Richmond, Wisconsin
ARTICLE: Special Exception request to locate a golf course in the
Ag/Residential District pursuant to Section 17.15(6)(r). The request
is for an 18 -hole golf course and uses incidental to the golf course.
APPELLANT: Ulferts Family Trust
LOCATION: The W 1 /i of Section 9, T29N -R17W, Town of Hammond
ADDRESS: 1011 170 Street, Hammond, Wisconsin
4. ARTICLE: * ITEMS 1— 4 OF THIS ARTICLE CANCELED.
Item 1 : Variance request to grade on slopes greater than 12% in the
Lower St. Croix Riverway District pursuant to Section
17.36(5)(1)(1)b. Applicant is requesting to stabilize slope failure.
Item 2 : Special Exception for filling and grading in the Lower St.
Croix Riverway District pursuant to Section 17.36(6)(a)3.
Item 3 : Special Exception request to replace a stairway on the bluff
face pursuant to Section 17.36(6)(a)4.
Item 4: Special Exception request for filling and grading in the
Shoreland area of the St. Croix River pursuant to Section
17.29(2)(c).
APPELLANT: Tom Rose
LOCATION: Lot 20 and 21 of the St. Croix Cove, Section 24, T28N -R20W,
Town of Troy
ADDRESS: 270 Cove Road, Hudson, Wisconsin
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: Darin Ofstie
Eslinger explained this request is for a special exception permit to operate a contractor's
storage yard to store excavating equipment outside in a wooded area on his property.
Eslinger went over the staff report given to the Board. Almost all work will be done off
site. The area is wooded and very well screened.
The following exhibits were introduced
Exhibit 1: Staff report
Exhibit 2: Copy of application with narrative
Exhibit 3: Copy of site plan
Exhibit 4: Zoning map
Exhibit 5: Letter from the Town of Eau Galle recommending approval
Eslinger continued with the staff report going over the list of equipment to be stored on
site, and discussed the proposed conditions. Discussion held on storing 50 cubic yards of
material on the site. The Town of Eau Galle has recommended approval of the request, and
Eslinger read the letter from the town into the record.
Darin Ofstie, being duly sworn, agrees with most of the staff report, but asked the Board
not to limit him to just five pieces of equipment. He may need more than that in the future.
The town has stated no more than 15 pieces of equipment.
Ofstie told the Board, that he may apply for a permit from the Department of
Transportation to access onto Highway 63, in the future, if he decides to re- survey his
property and create a separate 5 -acre parcel for this storage yard.
The Board will view the site.
Article Two: Phillip Adventure/ Hoffman Construction
Eslinger explained that this request is for a special exception to operate a non - metallic
mining operation, as well as for a variance to the 100 -foot setback requirement to the
property line. Hoffman Construction is asking to operate a sand borrow site for six months
for a Wisconsin Department of Transportation Highway 65 project. They estimate that a
total of approximately 50,000 cubic yards of material will be removed from the site. The
site will be reclaimed to its original status.
The variance is requested so that the applicant may keep the topsoil spoil piles in this area
to allow them easier access to the topsoil for reclaiming the site. The adjoining property
owners have signed an agreement, stating that they do not object to this request. This is
labeled as Exhibit 7.
The following exhibits were introduced:
Exhibit 1: Staff report
Exhibit 2: Copy of application and attachments.
Exhibit 3: Copy of the plan
Exhibit 4: Letter from the town dated March 25, 2002, recommending approval
Exhibit 5: LWCD review letter dated April 17, 2002
Exhibit 6: Zoning Map
Exhibit 7: Letter from adjoining property owner, John Murray, stating no objection to
variance request.
Exhibit 8: E -mail from DNR stating no objection.
Eslinger went over the staff report, reading exhibit 8 into the record. He explained that a
haul road will be created off of Highway 65. The contractor must follow strict DOT rules
for this project, as well as following best management practices for erosion control.
Eslinger went over the exhibits and the maps with the Board, explaining phases of the
project. The applicant has submitted the appropriate bond for the project.
Paul Hofftnan, being duly sworn, is representing Hoffman Construction and the
LaVentures. He told the Board that Eslinger covered everything thoroughly, and added
that it is important that the site looks good when the project is completed.
The Board will view the site.
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Article Three: Ulferts Family Trust
Eslinger told the Board that this request is for a special exception permit to locate an 18-
hole golf course in the Ag /Residential District, and uses incidental to golf courses. The
golf course will be done in two phases, and will also be part of an 80 -lot housing
development. The applicant is planning to apply for a rezoning of part of the property to
commercial, for the clubhouse area, and would be used for the public for receptions, etc.
If unsuccessful in the rezoning process, will comply with what is allowed through this
permit, if granted. There are currently plans for 150 parking spaces, which will be paved.
Eslinger went over the staff report with the Board.
The following exhibits were introduced:
Exhibit 1:
Staff report
Exhibit 2:
Copy of application and attachments.
Exhibit 3:
Copy of golf course layout
Exhibit 4:
Copy of letter from the Army Corps of Engineers, stating no objection
Exhibit 5:
Copy of letter from Land and Water Conservation Dept.
Exhibit 6:
Copy of zoning map
Exhibit 7:
Letter from the Town of Hammond stating no objection
Exhibit 8:
E -mail from the DNR
Eslinger went over the correspondence form the DNR, stating that a DNR stormwater
permit is required for this project.
Eslinger told the Board that there will be trees and fencing separating the driving range
from the housing development.
Pete Kling, being duly sworn, is representing the Land and Water Conservation
Department. He said that he has spent a lot of time on this subdivision and golf course,
and is comfortable with the plans that have been submitted. The golf course will be done
in two phases, and Kling believes the plans are very good. The detention basins are
appropriately designed. He has suggested a pre - construction meeting with the applicant
before commencing construction.
Ron Bonte, being duly sworn, is the applicant (trustee of Ulferts Family Trust). He went
over the proposed project for the subdivision and the golf course, reiterating that the golf
course will be done in two phases. It is important to him to have this project done
correctly and to protect the environment. They plan to construct a fence and plant 4 -foot
to 8 -foot trees along the driving range to shield golf balls from going into the yards. The
driving range will be approximately 400 yards long, so should not be a problem. He
added that the paving for the parking lot will be done next summer. Bonte has been in
contact with the DNR, regarding the N.R. 216 stormwater permit.
Roxanne Chevalier, being duly sworn, is an adjoining property owner. She had questions
with regard to how this will affect her property taxes, and questions about erosion.
Eslinger suggested that she talk to the town assessor about her taxes. He further stated
that the erosion control plans that have been submitted are professionally designed, are
good plans, and have been reviewed and approved by the DNR, Zoning, and the Land
and Water Conservation Department. Kling added that all drainage from this project will
drain away from Chevalier's property.
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The Board will view the site.
The Board recessed at 9:35 a.m. to view the sites.
DECISIONS
The Board reconvened at 11:35 a.m. to render decisions.
Article One: Darin Ofstie
Motion by Rose, second by King to approve the request for a special exception to locate a
contractor storage yard on his property based on the following findings:
1. The Town of Eau Galle has recommended approval of the project.
2. There were no objections to the request.
3. The items being stored are in a concealed location, naturally screened by a
wooded area.
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:
�. This approval is for a Contractor's storage yard for an excavating business for
Darin Ofstie.
2. All equipment related to this request shall be stored within the confines of the
parking area as Indicated on the site plan. The applicant may only replace /upgrade
equipment with similar equipment, and is allowed up to 10 pieces of excavating
equipment on the property at one time.
3. The property shall be kept in a neat and orderly matter.
4. The applicant is limited to outdoor storage of earthen materials to be kept onsite
of no more than 50 cubic yards of materials.
5. This approval does not include storage of hazardous materials onsite. (This does
not apply to chemicals that the applicant may use for personal use)
6. The applicant shall limit the travel -- related to business -- on the town roads from
1 /2 hour before sunrise to 1 /2 hour after sunset Monday — Saturday. The applicant
should avoid excess trips to and from the property during these hours.
7. No more than three employees other than the resident of the principal dwelling
may be engaged in the business.
8. The applicant shall have the Zoning Administrator review this special exception
permit in two years from the approval date for compliance with this approval
(April 2004).
9. This approval does not give the authorization to place a sign on the parcel. All
signage must be approved by the zoning department and must strictly adhere to
the St. Croix County Signage Ordinance.
10. 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.
11. 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.
12. 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.
13. 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; King, yes; Rose, yes;
Chairperson Speer, yes. Motion carried.
Article Two: Phillip LaVenture/ Hoffman Construction
Motion by King, second by Speer to approve the request for a special exception request
to operate a non - metallic mining operation for the State Highway 65 project, based on
the following findings:
1. This project involves the State of Wisconsin and an inspector will be on site to
follow the plans.
2. The Town of Richmond has recommended approval of the request.
3. There was no opposition to the request.
4. The Land and Water Conservation Department has reviewed and approved the
plans.
5. The site will be restored to its original condition at the completion of the project.
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 Nonmetallic mining project is to proceed according to plans presented. Any
expansion beyond this legal boundary shall require a new special exception
permit.
2. Operator /applicant shall comply with all of the general requirements and
conditions listed in the non - metallic mining & reclamation ordinance (Ordinance
# 226 (89) (unless varied per conditions).
3. All spoil piles of topsoil shall be seeded to rye grass.
4. The buffer area between the mining site and the pond to the north shall be seed to
rye grass prior to commencing construction.
5. Upon the completion of each phase, mulching and seeding shall occur with slopes
4:1 or greater being protected with erosion control fabric.
6. Applicant is responsible for dust abatement during the duration of the permit.
7. Hours of operation shall not exceed 6:30 a.m. — 6:00 p.m., Monday— Friday. The
applicant may submit a written request for extended hours to the Zoning
Administrator for review and approval. The Board may want to discuss these
hours to determine if Saturday hours are necessary.
8. Permit includes temporary placement of equipment necessary to conduct the
mining operation.
9. The disposal of solid waste is prohibited at this site.
10. Site reclamation shall proceed according to the approved plan.
11. Any change (or addition) in use, or expansion of the non - metallic mining project
shall require review and approval by the Zoning Administrator and in some
circumstances through the Special Exception approval process, where applicable,
as stated in the ordinance.
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: Rose, yes; Marzolf, yes; King, yes;
Chairperson Speer, yes. Motion carried.
Motion by Rose, second by King to approve the request for a variance to the 100 -foot
setback requirement from the adjoining property line, based on the following findings:
1. This project involves the State of Wisconsin and an inspector will be on site to
follow the plans.
2. The Town of Richmond has recommended approval of the request.
3. There was no opposition to the request.
4. The adjoining property owner has submitted a statement of non - objection to this
request, and is fully aware of the variance 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. Applicant is granted a variance to waive the 100 -foot property line setback
requirement and allow mining within fifty feet of the common north/south
property lines of LaVenture /Murray.
2. Applicant must maintain a 100 -foot setback from all property lines and road r -o-
w's excepting as stated above.
3. Any change to the above conditions shall require a new public hearing.
4. Any change (or addition) in use, or expansion of the non - metallic mining project
shall require review and approval by the zoning administrator and in some
circumstances through the Special Exception approval process, where applicable,
as stated in the ordinance.
5. Failure to comply with the above conditions shall result in revocation of the
Special Exception Permit.
The following vote was taken to approve: Marzolf, yes; King, yes; Rose, yes;
Chairperson Speer, yes. Motion carried.
Article Three: Ulferts Family Trust
Motion by King, second by Rose to approve the special exception request to locate a golf
course in the Ag /Residential District based on the following findings:
1. The plans have been designed by a professional golf course engineer and have
been approved by Zoning and the Land and Water Conservation Department
2. The Town of Hammond has recommended approval of the request.
3. The request serves a public need.
4. There were no objections to the request.
5. The spirit and intent of the ordinance would not be met by granting this variance
request.
With the following conditions:
1. This permit is for the Pleasant Hills golf course and uses incidental to the golf
course, including the limited serving of food and beverages. Any use of the
clubhouse above that mentioned shall require that the developer attempt to rezone
the clubhouse and related facilities to commercial.
2. The applicant shall provide the following to the Zoning Office prior to
commencing the construction of the golf course:
• The type of tree species, tree height and number of trees that will be planted
on the perimeter of the driving range.
• The type of fence /netting that will be used in conjunction with the planting of
the trees to prevent the range balls from leaving the driving range area.
• Indicate the hours of operation of the golf course and driving range.
3. All lighting must be illuminated downward and is to be shielded away from
neighboring properties.
4. Board of adjustment shall review the number of parking spaces allocated to
ensure that there is an adequate number of parking stalls. All parking areas shall
be paved with asphalt or any other dust free surface prior to the opening of the
golf course.
5. The golf course shall be constructed according to plans submitted and approved.
6. The applicant shall have the golf course architect \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 following in accordance with the original design.
7. Prior to beginning any work, the applicant must schedule an on -site pre -
construction meeting that includes the landowner, contractor, engineer, architect,
DNR, and St. Croix County LWCD staff members. Items to be discussed include
but are not limited to coordinating golf course and subdivision construction,
construction timelines, roles and responsibilities of owner, engineer, architect,
contractor, etc.
8. The applicant shall provide the name and number, including mobile phone, for the
person responsible for maintenance of all erosion and sediment control practices.
9. Financial guarantees equal to 120% of construction estimates must be submitted
for erosion control.
Written estimates must be submitted.
• Financial guarantees must be submitted and approved
No construction, including earth moving, shall take place prior to approval of
the financial guarantees
Guarantees will not be released until the County is satisfied that the erosion
control devices are implemented as planned and until the disturbed areas are
proven to be stabilized.
10. Where applicable, detention ponds shall be used as temporary sediment traps
during the construction phase. The detention ponds can be rough graded to
prevent the off -site migration of sediment and then finished after surrounding
areas have been seeded and mulched. This is especially important for the
detention ponds constructed in conjunction with the subdivision. Again,
coordination between the two activities is crucial.
11. No construction shall begin until all silt fence and temporary detention ponds are
in place.
12. The applicant should contact Jim Devlin, with WDNR at 684 -2914 ext. 123,
regarding wetland on hole #18.
13. Applicant to meet all county, state and federal regulations.
14. 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.
15. 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.
16. 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.
17. 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 the request: King, yes; Rose, yes; Marzolf, yes;
Chairperson Speer, yes. Motion carried.
Motion by King, second by Rose to adjourn the meeting at 12:10 p.m.
Respectfully submitted:
J ie Speer f
ichard Peterson, Secretary
Debbie Zimme a , Recording Secretary