Loading...
HomeMy WebLinkAboutBoard of Adjustment 05-23-02y AMENDED AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: FROM: COMMITTEE TITLE: DATE: TIME: LOCATION: Clarence Malick, Chairman St. Croix County Board Julie Speer, Chairman St. Croix County Board of Adjustment Thursday, May 23, 2002 8:30 a.m. 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: DATE: COPIES TO: St. Croix County Zoning Office May 16, 2002 County Board Office County Clerk Committee Members News Media /Notice Board *CANCELLATIONS /CHANGES /ADDITIONS AMENDED PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, May 23, 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: *CANCELED Special Exception request for a permit for filling and grading in a Shoreland District subject to the provisions of Section 17.29(2). The applicant is proposing to construct a single - family residence on Bass Lake. APPELLANT: Pat Collova LOCATION: Located in the NE % of the SE' /4 of Section 22 and *Government Lot 7 in Section 23, all in T30N -R19W, Town of St. Joseph ADDRESS: Located off of West Shore Drive on Bass Lake. 2. ARTICLE: Special Exception request for a commercial business pursuant to Section 17.18(1)(a). Request is to operate a commercial business designing decals and signs for customers. APPELLANTS: John Gearin, owner/ Christopher Weber, agent LOCATION: Located in the NE' /4 of the NW '/4, Section 4, T30N -R19W, Town of Somerset ADDRESS: 598 180" Avenue, Somerset, Wisconsin 3. ARTICLE: Special Exception request to locate a third residence on property zoned Agricultural pursuant to Section 17.14(6)(a) of the St. Croix County Zoning Ordinance. The request is to provide employee housing for farm labor for Jon-De Farms, Inc. APPELLANT: Jon -De Farms, Inc] Dean Doornink LOCATION: Located in the SE' /4 of the SW 1 /4, Section 13, T28N -R17W, Town of Rush River. ADDRESS: Off of 30 Avenue, Baldwin, Wisconsin 4 . ARTICLE: Special Exception request for a multi -use storage facility on property zoned in the Industrial District pursuant to Section 17.19(1)(a). APPELLANT: Vernell, Stephen and Karl Skoglund LOCATION: NW' /4 of the NE 1 /4, Section 30, T31 N -R1 7W, Town of Stanton ADDRESS: 1995145 th Street, New Richmond, 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) 3864680. Julie Speer, Chairperson St. Croix County Board of Adjustment BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES May 23, 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 Rich Peterson were present. Richard (Buzz) Marzolf 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 Peterson to adopt the agenda. Motion carried. The Board set the next meeting date as June 27, 2002 and will be held in the County Board Room at the Government Center. The starting time will be 8:30 a.m. Chairperson Speer recommended the minutes of April 25, 2002 be approved as presented. 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. 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, May 23, 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: CANCELED* Special Exception request for a permit for filling and grading in a Shoreland District subject to the provisions of Section 17.29(2). The applicant is proposing to construct a single - family residence on Bass Lake. APPELLANT: Pat Collova LOCATION: Located in the NE' /4 of the SE' /4 of Section 22 and *Government Lot 7 in Section 23, all in T30N -R19W, Town of St. Joseph ADDRESS: Located off of West Shore Drive on Bass Lake. 2. ARTICLE: Special Exception request for a commercial business pursuant to Section 17.18(1)(a). Request is to operate a commercial business designing decals and signs for customers. APPELLANTS: John Gearin, owner/ Christopher Weber, agent LOCATION: Located in the NE ' / 4 of the NW '/4, Section 4, T30N -R19W, Town of Somerset ADDRESS: 598 180 Avenue, Somerset, Wisconsin *i 3. ARTICLE: Special Exception request to locate a third residence on property zoned Agricultural pursuant to Section 17.14(6)(a) of the St. Croix County Zoning Ordinance. The request is to provide employee housing for farm labor for Jon -De Farms, Inc. APPELLANT: Jon -De Farms, Inc./ Dean Doornink LOCATION: Located in the SE t /4 of the SW %a, Section 13, T28N -R17W, Town of Rush River. ADDRESS: Off of 30 Avenue, Baldwin, Wisconsin 4. ARTICLE: Special Exception request for a multi -use storage facility on property zoned in the Industrial District pursuant to Section 17.19(l)(a). APPELLANT: Vernell, Stephen and Karl Skoglund LOCATION: NW t /4 of the NE %a, Section 30, T31N -R17W, Town of Stanton ADDRESS: 1995 145 Street, New Richmond, 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: Pat Collova This article has been canceled for today. Article Two: John Gearin, owner/ Chris Weber, aient Eslinger explained this request is for a special exception permit to operate a business in the commercial district. The business is known as Whiplash Graphic and Designs. The following exhibits were introduced Exhibit 1: Staff report Exhibit 2: Copy of application with narrative Exhibit 3: Photographs of the site Exhibit 4: Copy of site plan Exhibit 5: Copy of State approved layout of the property Exhibit 6: Office layout of the business Exhibit 7: Copy of parcel map Exhibit 8: Copy of zoning map The business is currently located at 874 STH 64 in the Town of Somerset. The business is being relocated by the Department of Transportation because of the State Highway 64 re- alignment project. The proposed location was granted a permit by the Board of Adjustment in 1999 for oversized storage. The buildings have state approval for the structure, including the office, and the applicant is not planning to make any structural changes. There is adequate parking and the septic system has state approval. Chris Weber is the owner, and the only employee of this business. The property is located adjacent to other commercial properties. There is a lease agreement between the owner and the business operator. 2 c The applicant has been to the Town of Somerset and has received a favorable recommendation. Chris Weber, being duly sworn, is the owner of Whiplash Graphic and Designs. He reiterated that this business needs to be moved due to the state highway re- alignment, and agrees with what Eslinger has presented to the Board. The Board will view the site. Article Three: Jon -De Farms, Inc. Eslinger explained that this request is for a special exception to construct a third residence for farm related employee housing. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Copy of application and attachments. Exhibit 3: Copy of the site plan with septic location Exhibit 4: LWCD review letter dated May 16, 2002 Exhibit 5: Letter from Zoning to Jon -De Farms, Inc., dated April 23, 2002 Exhibit 6: Copy of Zoning Map Exhibit 7: Photographs of the property Exhibit 8: Letter from the Town of Rush River dated May 16, 2002 Exhibit 9: Letter from the Dept. of Commerce approving construction of the project Exhibit 10: Revised plan for Exhibit 3. Eslinger went over the staff report with the Board. This request is to locate a third residence, a nine- bedroom facility, on the property to house employees. The proposed building would be located immediately to the north of the driveway. The applicant has worked with Durand Builders and ACA Engineering on the project. Eslinger went over Exhibit 5, stating that the farm is sufficient in size to justify employee housing on the property. The Land and Water Conservation Department has reviewed the request, and had a few concerns that the applicant should address. Eslinger read the letter from the Town of Rush River, labeled as Exhibit 8, into the record The Town of Rush River is not opposed to the request, but asked that the Board consider some of their suggestions, addressed in Exhibit 8, when making their decision on this matter. Todd Doornick, being duly sworn, is one of the owners of Jon -De Farms, Inc. He presented the approved driveway permit to the Board and was labeled as Exhibit 11. Doornick told the board that by building this facility, it will attract and maintain employees for their dairy. There is very little affordable housing in this area for their employees. They currently have about 35 employees on the payroll. The applicants have worked with the Town of Rush River and have no problem with their suggested conditions. Darrell Courtney, being duly sworn, is representing Durand Builders. He went over the site plan with the Board (Exhibit 10), pointing out the berm area that is planned, and trees to be used. William Michael Findlay, being duly sworn, is a Supervisor for the Town of Rush River, as well as an adjoining property owner. He helped write the letter from the Town of Rush River (Exhibit 8) regarding this request. He believes that by allowing this facility to be built, it will improve the existing situation at the dairy. The Town thinks it is important to do things according to the county and town rules. Findlay asked that the Board implement the Town's condition number nine (tearing down the old farmhouse) as one of their conditions, if the Board grants approval to this request. The Town Board heard the concerns from the town residents and tried to accommodate everyone's needs. The Town believes the applicant's have a desire to work with the town and the county to make this positive for everyone. Findlay has lived in the area since 1974 and believes Doornicks are honest people and will follow through with this project in a positive manner. Karen Larson, being duly sworn, is opposed to the request. She did not wish to speak, but handed out a letter of opposition to the Board for their review. The letter was labeled as Exhibit 12. The Board will view the site. Article Four: Vernell, Stephen and Karl Sko0und Eslinger told the Board that this request is for a special exception permit to allow a multi- use storage facility in the Industrial District. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Copy of application and attachments. Exhibit 3: Copy of Certified Survey Map Exhibit 4: Copy of letter from the Town of Stanton dated May 6, 2002 Exhibit 5: Copy of letter from Zoning dated April 25, 2002 Exhibit 6: Copy of applicant's response letter dated May 14, 2002 Exhibit 7: Revised site plan Exhibit 8: Photos on the site Exhibit 9: Copy of zoning map Eslinger told the Board that the property has been zoned industrial since the late 60's or early 70's. The property was formerly owned by the New Richmond Farmer's Union. The applicant's have been working at the site to bring into compliance with the Department of Commerce standards. They have taken care of some of the old oil tanks that were located on the site. The applicant's would like to lease space to small businesses to store supplies, materials, tools, etc. They may also use the buildings for mini - storage rental. The Town of Stanton has asked all materials be stored inside the buildings. Karl Skoglund, being duly sworn, is one of the owners of the property, stating that they bought the property about one year ago. They are gradually cleaning up the area, as it was not in very good shape when they bought it. Lot one of the CSM is up to code, and they are now working on Lot 2. They will continue to work with the Department of Commerce on any outstanding issues. Skoglund added that they may want to rent space to residents for storing motor homes, as well as what was mentioned by Eslinger. The long range plan for their business is to locate Skoglund Oil offices at this location. 4 Skoglund addressed the screening issues, stating that they are willing to do screening, but asked that no screening be done between the buildings and 145 Street, as they feel that screening there would lessen the security of the area. Most of the screening will be done on the old railroad bed. Mary Barney, being duly sworn, lives at 1413 200 Avenue, New Richmond, and is a landowner near the property. She stated that she appreciates the clean up efforts of the Skoglunds, but said that pollution continues to be a problem. There are at least five monitoring wells in the area, and there remains to be some contaminated soil that needs to be taken care of. They are looking forward to this area being cleaned up and maintained. The Board reviewed the map showing the location of proposed screening. The Board will view the site. The Board recessed at 9:35 a.m. to view the sites. DECISIONS The Board reconvened at 11:55 a.m. to render decisions. Article One: Postponed Article Two: John Gearin, owner/ Chris Weber, agent 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 Star Prairie has recommended approval of the project. 1. There were no objections to the request. 2. The business is a compatible use for the area. 3. This business is being relocated due to the State Highway 64 realignment project. 4. The applicant has obtained state approval for the structure and for the septic system. 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 is for Whiplash Graphics and Design business for Chris Weber. 2. Applicant to maintain a minimum of 1 paved parking space for each 200 -sq. ft. of retail area. A minimum of 3 customer - parking spaces must be maintained. 3. Applicant to maintain proper state licensing to operate the sign business. 4. The property shall be kept in a neat and orderly manner. 5. The applicant shall submit a landscape- screening plan, for the north -south property line between Gearin and Lange properties (west of the buildings), to the Zoning Director for approval before this permit is valid. The plan shall include planting six (6) to eight (8) foot evergreens (spruce or white pine) ten (10) feet on center along this common lot line. All plantings associated with the landscape - screening plan shall be completed by October 15, 2002. 6. The cumulative onsite signage advertising the business shall not to exceed 100 square feet, and maximum height of 35 ft. This sign must be located a minimum k � of 10 ft. from all property lines. Any other signage must be approved by the zoning department and must strictly adhere to the St. Croix County Signage Ordinance. 7. This approval does not include storage of hazardous materials onsite. 8. Hours of operation to be from 7:00 am to 9:00 p.m. / Monday — Saturday and 9. 10:00 am — 4:00 p.m. on Sundays. 10. Security lighting to be installed. Lighting must be illuminated downward and is to be shielded away from neighboring properties. 11. The applicant shall have the zoning administrator review this special exception permit in two years from the approval date for compliance with this approval (May 2004). 12. 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. 13. The applicant shall have one (1) year from the issuance of the special exception permit to re- locate the sign business at this location (598 180 Ave. Somerset, WI 54025). 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. 14. 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. 15. 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 yes; Chairperson Speer, yes. Motion carried. Article Three: Jon -De Farms, Inc. Motion by Peterson, second by Golz to approve the request for a special exception request to construct a third residence for farm related employee housing based on the following findings: 1. The Town of Rush River has recommended approval of the request. 2. Neighbor comments and concerns have been addressed and taken into consideration. 3. The Land and Water Conservation Department has reviewed and concerns have been addressed. 4. The residence will enhance the farming operation, will promote farming and lead to continued agricultural uses in the area. 5. The new facility would be an asset for the employees and is an improvement over the existing conditions. 6. The integrity of the ordinance will be upheld and the spirit and intent of the ordinance will be met by granting the request. 6 s s a With the following conditions: 1. This permit is for a nine - bedroom residence only for farm employees of Jon De Farms, Inc. For any other use, the residence would have to fully comply with the provisions of the St. Croix County Land Use Regulations. 2. At least one person who resides in the residences must earn 50% of his/her income from the (Jon De Farms, Inc.) farm operation. 3. Applicant is to provide documentation to the Zoning Office that the Department of Commence Safety and Buildings has approved the structure before this permit is valid. 4. Applicant shall secure a sanitary permit from the Zoning Office. 5. Applicant must secure a town building permit prior to commencing construction. 6. Applicant to maintain at least one parking space for each bedroom. A minimum of 9 parking spaces must be maintained per section 17.57 (8). 7. Applicant to maintain proper state licensing for this residence per Department of Workforce and Development chapter 301. 8. The property shall be kept in a neat and orderly manner. No junk, junk cars or garbage shall be allowed to accumulate on the property that may attract rodents or pose a threat to the health, safety and welfare of those citizens of St. Croix County. 9. All driving and parking areas must be provided with a dust free surface (asphalt/concrete /road millings, etc...). The applicant must submit a paving plan to the Zoning Office prior to commencing this project. 10. The screening of the property to be completed according to plans presented at the hearing. 11. The parking lot shall be screened/shielded as to prevent undesirable glare and illumination of adjoining properties per section 17.56 (8). 12. Any proposed lighting must be illuminated downward and is to be shielded away from neighboring properties. 13. Temporary seeding (ie. Rye grass) should be established after the initial grading of the site. A silt fence shall be installed according to Wisconsin Construction Site Best Management Practice Handbook. 14. Upon completion of final grading, permanent seeding and mulching must occur. A seeding plan specifying seed type, rate per acre, and approximate seeding date must be submitted to the Zoning Office for review and approval. All channelized flow shall be protected with erosion control fabric. 15. A construction timetable must be submitted to the Zoning Office prior to the commencement of this project. 16. Any stockpile of material shall be seeded with a temporary seeding. 17. The applicant is in agreement with the concerns /conditions listed in the letter from the Town of Rush River dated May 16, 2002, and will adhere to these additional requested conditions attached to this document and labeled as Exhibit 8. 18. The Zoning office is to be notified at the start and the finish of the project. 19. The applicant must allow free and unlimited access to the project site at any reasonable time to any Zoning Office employee to inspect the property for compliance with these conditions. 20. The applicant shall have the zoning administrator review this special exception permit in two years from the approval date for compliance with this approval (May 2004). 21. 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. 22. 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. 23. 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. 24. 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; Peterson, yes; Chairperson Speer, yes. Motion carried. Article Four: Vernell, Stephen and Karl Skoglund Motion by Speer, second by Peterson to approve the special exception request for a permit to convert two existing pole buildings into multi -use and consumer storage int the Industrial District based on the following findings: 1. The Town of Stanton has recommended approval of the request. 2. The request is compatible with the uses in the surrounding area. 3. There were no objections to the request. 4. The applicant will continue to improve and clean up the site. 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 multi -use (commercial) and consumer storage within two existing pole building on lot 2, CSM Vol. 15, page 4057. This approval allows the applicant to construct an office at this site for future needs of this - business or for Skoglund Oil. 2. The cumulative signage on the property shall be limited to 100 - square 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. Applicant must secure a town building permit prior to commencing construction. 5. Parking areas shall be maintained per Section 17.57 (13) Industrial uses shall provide at least one parking space for each 2 employees on the premises at any one time, plus at least one additional space for each vehicle operated in connection with such use for which parking on the premises is required. 6. The property shall be kept in a neat and orderly manner. No junk, junk cars or garbage shall be allowed to accumulate on the property that may attract rodents or pose a threat to the health, safety and welfare of those citizens of St. Croix County. 7. The applicant must submit a screening plan along the north and the NE /SW diagonal property lines to the zoning administrator for approval prior to commencing construction. The plan must show two staggered rows of White pine or Spruce seedlings planted ten feet on center. The seedlings must be planted by October 15, 2002. 8. Applicant to submit a revised detailed paving plan to the zoning administrator. Plan is to clearly demonstrate that all areas for customer driving and parking are paved. Plan to clarify whether or not the driveway west of the of the north/south building will be paved or seeded. Zoning administrator is to approve the revised plan before the Special Exception permit is considered valid. All roads, driving and parking areas (as detailed on the revised plan) must be paved (asphalt/concrete) within six months of this approval (November 2002). 9. The parking lot shall be screened/shielded as to prevent undesirable glare and illumination of adjoining properties per section 17.56 (8). 10. Outdoor storage is not permitted. 11. 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) 12. No hazardous materials to be stored inside the facilities. 13. The Zoning office is to be notified at the start and the finish of the project. 14. The applicant must allow free and unlimited access to the project site at any reasonable time to any Zoning Office employee to inspect the property for compliance with these conditions. 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 (May 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 the request: Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Motion by Peterson, second by Golz to adjourn the meeting at 12:45 p.m. Respectfully submitted: Richard Peterson, Secretary Debbie Zimmermann, Recording Secretary