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HomeMy WebLinkAboutBoard of Adjustment 07-25-02PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, July 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 an expansion of an existing mini - storage facility in the Commercial District pursuant to Section 17.18(1). The request is to construct additional mini - storage units on an existing commercial site. APPELLANT:HY 65 Storage Partnership/ Gary Russell, Agent LOCATION: Located in the SE' /4 - NE 1 /4, of Section 24, T31 N -R1 8W, Town of Star Prairie ADDRESS: 2067 Highway 65, Star Prairie, WI 2. ARTICLE: Amend Condition Number Three of the Emerald Dairy Board of Adjustment Decision dated March 30, 2001 pursuant to Section 17.70(7)(g). Request is regarding wording relating to the bonding for disposal of liquid manure. APELLANT: Emerald City Building Partners, LLC, owner/ John Vrieze, agent LOCATION: Located in the NE'/ of the NE' /, Section 22,T30N -R16W, Town Emerald ADDRESS: 2487 County Road G, Emerald, 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 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 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: 1) County Concrete Annual Review of Permit 2) Phantom Fireworks Special Exception — Commercial Business (tabled June 25, 2002) 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 17, 2002 COPIES TO: County Board Office County Clerk Committee Members News Media /Notice Board * CANCELLATIONS /CHANGES /ADDITIONS Exhibit 1: Staff report Exhibit 2: Application materials Exhibit 3: Photos Exhibit 4: Land and Water Conservation Department's comments dated 6/2702. Exhibit 5: Zoning map The Town of Star Prairie has recommended approval of the request. A question was asked on setbacks from property lines. Eslinger said that the ordinance does not have any setback requirements for the commercial district. Gary Russel, being duly sworn, is the owner of the property. He told the Board that the buildings are setback 19 feet from the property line. Russel went over the plans for the project with the Board, pointing out the drainage areas and stating that they have been reviewed by Pete Kling of Land and Water Conservation Department (LWCD) and they are more than adequate for the project. He has never had problems with water retention on this property. The Board discussed screening of the property with the applicant. The applicant would be in agreement with more screening if the Board feels it is necessary. The issue of the caretaker's residence was discussed. Russel is asking for a caretaker on the site, as he believes it would make the storage units more secure if there is someone there to watch over it. Russel would consider a large gate on the property that could be locked, if the Board wishes, and asked that if the caretaker residence is not approved, he would like another storage building on the site. Pete Kling, LWCD, stated that prairie grass will be planted in the basins and if a few more trees are added, should not be a problem on the site. Kling testified that if another storage unit is added, rather than the house, it would not impact the erosion control plan or the stormwater plans. He sees no problem with an additional unit. The Board will view the site. Article 2: Emerald City Building Partners Eslinger told the Board that this request is in regard to an original condition placed on Emerald Dairy on February 22, 2001. The Board requested that the applicant provide an environment bond for the manure storage facility and for disposal of the liquid manure to insure that the lagoons would be emptied in the event that Emerald Dairy ceases to exist. Eslinger went on to say that Emerald Dairy has attempted to get this bond, but is having difficulty getting a bonding agent to write the bond due to the wording "environmental bond" put in place in condition number three. Eslinger is asking that the Board review the proposed language in the staff and consider changing the language as presented to allow Emerald Dairy to secure their bond. The intent of the condition would not change, just the wording. Corporation Counsel has reviewed this language, and is in agreement with the change. John Vrieze, being duly sworn, is representing Emerald Dairy. He explained to the Board that the bond was secured last summer, and then after September 11 the bond was revoked. Vrieze has spoken with the bonding agent, and has a verbal agreement from him that if the wording is changed, they would work with Vrieze to secure a bond. BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES July 25, 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 ,Rich Peterson, Tom Rose and Stan Krueger were present. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, Deb Zimmermann, Administrative Assistant, Pete Kling and Dave Sander of the Land and Water Conservation Department. Chairperson Speer believes this to be a properly noticed meeting. Motion was made by Golz second by Peterson to adopt the agenda. Motion carried. The Board set the next meeting date as August 22, 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 Golz, second by Rose to approve the June 27, 2002 minutes as presented. All in favor. Motion carried. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available if needed. OLD BUSINESS County Concrete: Eslinger told the Board that the staff has some concerns with this permit, as some of the conditions, placed on the applicant by the Board, have not been met. Eslinger handed out a copy of a letter sent to County Concrete regarding this issue. The applicant must come back before the Board for a new hearing, if they request to significantly change conditions. The staff will keep the Board updated on this issue. TMI Properties: Eslinger reminded the Board that this request was tabled at the June 27 hearing for more information. Staff believes that the concerns of the Board have been addressed. The Land and Water Conservation staff has reviewed the revised plans, and are satisfied with the plans submitted. Pete Gartman, being duly sworn, is with Cedar Corp. and is representing the applicant. Gartman went over the revised plans with the Board, and believes that all concerns have been addressed, and reiterated that the Zoning department and Land and Water Conservation department have reviewed the plans. The sale of this property is contingent on whether or not the Board gives their approval, and the applicant, Phantom Fireworks, is anxious to receive a decision from the Board, tow if they may or may not purchase the property. Eslinger explained to the Board that if this business is expanded, they would have to come before the Board for their approval. The Board will make a decision after the viewings today. UNFINISHED BUSINESS: Eslinger briefly went over the outstanding tabled items, explaining that the applicants have been contacted and staff is waiting for their responses. 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 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 an expansion of an existing mini - storage facility in the Commercial District pursuant to Section 17.18(1). The request is to construct additional mini - storage units on an existing commercial site. APPELLANT: HY 65 Storage Partnership/ Gary Russell, Agent LOCATION: Located in the SE 1 /4 - NE 1 /4, of Section 24, T3 IN-RI 8W, Town of Star Prairie ADDRESS: 2067 Highway 65, Star Prairie, WI 2. ARTICLE: Amend Condition Number Three of the Emerald Dairy Board of Adjustment Decision dated March 30, 2001 pursuant to Section 17.70(7)(g). Request is regarding wording relating to the bonding for disposal of liquid manure. APELLANT: Emerald City Building Partners, LLC, owner/ John Vrieze, agent LOCATION: Located in the NE ' / 4 of the NE '/4, Section 22,T30N -R16W, Town Emerald ADDRESS: 2487 County Road G, Emerald, 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 Article One: HY 65 Storage Partnership/ Gary Russell Eslinger explained that this is to construct additional mini storage units on an existing commercial site. The applicant is asking to construct 10 additional buildings over the next 5 years. The buildings will be 24 x 100 feet in size. There are currently 5 buildings on the property that are 40 x100 feet in size. The applicant is asking for a caretaker's residence as well. Eslinger went over the staff report. The following exhibits were introduced: Vrieze also told the Board that he has been working with four other large dairies in the area to come up with a proposal to present to the county regarding these bonds. They would like to see a different system used, rather that the type of bonding that is now taking place. They hope to be prepared to present a proposal to the county in the near future. Eslinger stated that the county is willing to work with the farmers on this and will look at options with them. The Board recessed at 9:55 a.m. to view the sites. DECISIONS The Board reconvened at 11:30 a.m. to render decisions. Old Business: TMI Properties/ Phantom Fireworks Motion by Golz, second by Peterson to approve the request for a special exception to operate a business in the commercial district based on the following findings: 1. The Town of Warren has recommended approval of the request. 2. There were no objections to the request. 3. The applicant has addressed all of the concerns of the staff and the Board. 4. The business is a compatible use for the area. 5. The plans have been designed by a professional engineer. 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. This permit allows Phantom Fireworks to construct an 8,000 square foot commercial building to sell consumer fireworks (1.4G, class C common) at this property (Lot 1 Certified Survey Map, volume 16, page 4303, Town of Warren, St. Croix County, Wisconsin). 2. The applicant shall have the engineer submit proof that the engineered 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. 3. Applicant to maintain a minimum of 1 paved parking space for each 200 -sq. ft. of retail area. A minimum of 40 customer - parking spaces must be maintained. 4. All parking and driving areas must be paved [sec. 17.18 (1) (f) 5.] prior to the occupancy of the building. 5. No outdoor display or sales are allowed with this approval. 6. Pennants are prohibited from being displayed or flown outside. 7. The structure's exterior shall be the same that was presented in exhibit 8. 8. Applicant to maintain proper state licensing to operate the fireworks business. 9. The property shall be kept in a neat and orderly manner. 10. No outdoor storage is allowed by this approval. This includes the storage of fireworks in semi - trailers, moving vans, cargo vans, or anything else capable of storing fireworks product. 11. In addition to the proposed tree plantings on sheet 4 of 6 of the revised architectural drawing dated July 12, 2002 (exhibit 9) the Board requested that 3 to 4 foot coniferous trees to be incorporated into the plan. The coniferous trees must be planted 20 feet on center along the north property line (I -94 on ramp, total trees = 25), and the west property line (STH 65, total = 15). There shall be a total of 20 coniferous trees planted along the south property line (Star Lane) these trees can be grouped, staggered in rows or randomly planted. All landscaping, including the tree plantings, shall be installed prior to the occupancy of the building. The final landscaping/planting plan must be submitted to the Zoning Office for final review and approval before this permit is valid. 12. The cumulative onsite signage advertising the business shall not to exceed the plan that was presented as exhibit 8. The 32 square foot free standing shall comply with the standards of the section 17.65 regulating signs. Any other signage must be approved by the zoning department and must strictly adhere to the St. Croix County Sign Ordinance. 13. This approval does not include storage of hazardous materials onsite. 14. All utilities, including electric, cable television, telephone, gas, water, storm and sanitary sewers, except electric power lines exceeding 1200 volts, shall be underground [sec. 17.18 (1)(f) 4.] 15. 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). 16. The applicant shall have the zoning administrator review this special exception permit in two years from the approval date for compliance with this approval (July 2004). 17. Any change (or addition) in use, or expansion of the project, including building, signage, shall require review and approval by the zoning administrator and in some circumstances through the Special Exception approval process, where applicable, as stated in the ordinance. The following vote was taken to approve: Rose, yes; Krueger, yes; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Article One: BY 65 Storage/ Gary Russel Motion by Rose, second by Peterson to approve the request for a special exception to expand an existing mini - storage business in the commercial district based on the following findings: 1. The Town of Star Prairie has recommended approval of the project. 2. There were no objections to the request. 3. The business is a compatible use for the area. 4. The business serves a public need. 5. The Land and Water Conservation Department has approved of the plans. 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: I. This permit allows the applicant to construct ten (10) additional 24 -foot by 100 - foot mini storage units and one 40 x100-foot building over the next five years. Construction must be competed by July 2007. 2. The setback for all buildings to lot lines shall be 25 feet. 3. The applicant shall receive approval for the building plans from the Wisconsin Department of Commerce. Applicant shall submit a copy of the state approved building plans to the Zoning Office prior to commencing construction. 4. The applicant must secure a township building permit before commencing construction. 5. Outdoor storage is not permitted. 6. Renting moving vans or trucks from the site is not permitted. 7. No retailing or operating a business from a storage unit is allowed onsite. 8. The applicant shall provide a hard surface (asphalt /concrete) on all interior driving areas within six months of the completion of such buildings (mini- storage facility). Each building requires hard (blacktop or concrete) surfacing around the perimeter within 6 months of completion. 9. All utilities, including electric, cable television, telephone, gas, water, storm and sanitary sewers, except electric power lines exceeding 1200 volts, shall be underground [sec. 1718(1)(f)4.] 10. The property shall be kept in a neat and orderly manner. 11. Screening shall consist of the following: Twenty (20) 6 -foot evergreens shall be planted between the existing buildings and STH 65. The trees may be grouped or randomly planted. Evergreen seedlings shall be planted 15 -feet on center on each remaining side of the property within the 25 -foot setback area. 12. The cumulative onsite signage advertising the business shall not exceed 100 square feet and maximum height of 35 feet. This sign must be located a minimum of 10 feet from all property lines. Any other signage must be approved by the zoning department and must strictly adhere to the St. Croix County Sign Ordinance. 13. This approval does not include storage of hazardous materials onsite. 14. Security lighting to be installed. Lighting must be illuminated downward and is to be shielded away from neighboring properties. (A light plan may be required, if warranted). 15. The applicant shall have the zoning administrator review this special exception permit in two years from the approval date for compliance with this approval (July 2004). 16. 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. 17. 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. 18. 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. 19. 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: Peterson, yes; Golz, no; Rose, yes; Krueger, no; Chairperson Speer, yes. Motion carried. The following Board members wanted the minutes reflect their reasons for denial of this appeal. Krueger believed the applicant should have been required to provide fencing around the perimeter of the facility for security purposes. Golz felt by allowing the caretaker's facility, adequate security would have provided. Article Two: Emerald City Building Partners, LLC Motion by Golz, second by Krueger to approve the request for a change to condition number three of the special exception permit granted to Emerald Dairy on February 22, 2001. The Board found that by granting this change, it would allow the applicant to secure the bond requested by the Board in the original decision. The following language shall replace the language in the original decision: 3) As a condition of the authorization (special exception use permit) to operate Emerald Dairy a financial assurance is required to be obtained and maintained as surety for the obligation to properly empty any manure lagoons, reception pits, transfer systems and storage facilities, and properly dispose of all manure (collectively, abandon the manure handling system) should Emerald Dairy ever cease operation. The surety amount (presently 2.2 cents per gallon multiplied by the total gallons of manure storage capacity of this facility) must cover all existing manure storage capacity. A revised financial assurance must be submitted to the Zoning Office for review and approval if additional storage is constructed or the cost of disposal changes in the future for Emerald Dairy (Emerald City Building Partners, LLC and Waldean Building Partners, LLC). The financial assurance shall be reviewed annually. The remaining BOA approval will remain in full effect as approved by the Board. The following vote was taken to approve the change: Rose, yes; Krueger; Golz, yes; Chairperson Speer, yes. Motion carried. Peterson was excused prior to this decision. Motion by Golz, second by Speer to adjourn the meeting at 12:50 p.m. Respectfully submitted: Ri hard Peterson, Secretary r � Deb ie Zimmerm ecording Secretary