HomeMy WebLinkAboutBoard of Adjustment 06-27-02l i
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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, June 27, 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:
DATE:
COPIES TO:
St. Croix County Zoning Office
June 18, 2002
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,
June 27, 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 subject to the provisions of Section 17.29(2).
The applicant is proposing to construct a single - family residence on
Bass Lake.
APELLANT:
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 construct an office building for
the Ristow Trucking Company.
APPELLANT:
James Ristow
LOCATION:
Located in the NE ' /4 of the SW '/4, Section 5, T30N•R19W, Town of
Somerset
ADDRESS:
Off of Highway 35, Somerset, Wisconsin
3. ARTICLE:
Special Exception request for a commercial business pursuant to
Section 17.18(1)(a). Request is to construct an 8'x 10' buildirg for a
drive- through coffee and espresso business.
APPELLANT:
Geraldine Meyers
LOCATION:
Located in part of Government Lot 4, Section 22, T30N•R20W,
Town of St. Joseph
ADDRESS:
1410 Main Street, Houlton, Wisconsin
4. ARTICLE:
Variance request to exceed the height requirements of an
accessory structure pursuant to Section 17.12(5) of the St. Croix
County Zoning Ordinance.
APPELLANT:
Don Droppo
LOCATION:
Located in the NE ' /4 of the NE '/4, Section 33, T30N•R19W, Town
of St. Joseph.
ADDRESS:
1284 60"' Street, Hudson, Wisconsin
5. ARTICLE:
Variance request to the Class "C" Road requirements pursuant to
Section 17.64(1)(c)2. The request is for a 66 -foot variance to the
centerline setback to expand the footprint of a nonconforming
structure.
APPELLANT:
Kevin Amys
LOCATION:
NW' /4 of the SE 1 /4, Section 3, T31 N -R1 8W, Town of Star Prairie
ADDRESS:
1148 County Road H, New Richmond, WI 54017
6. ARTICLE: Special Exception request for rock riprapping for shoreline
protection pursuant to Section 17.36(6)(a)(3). Request is to rip rap
the shoreline in the Lower St. Croix River Valley District to repair and
stabilize the shoreline damage.
APPELLANTS: George Lundgren and Peter Thompson
LOCATION: Located in Government Lot 5, Section 35, T28N -R20W, Town of
Troy
ADDRESS: Located on Ilwaco Road, Hudson, Wisconsin
7. APELLANT:
Geraldine Swenson, owner/ Bruce Lenzen, agent
LOCATION:
Located in Government Lot 1, Section 24, T28N•R20W, Town of
Troy
ADDRESS:
Off of Cover Road, Hudson, Wisconsin
ARTICLE:
Item #1: Variance request to the ordinary high water mark setback
requirements of the St. Croix Riverway District pursuant to Section
17.36(5)( c)1.
Item #2: Variance request to the 25-foot sideyard setback
requirement of the St. Croix Riverway District pursuant to Section
17.36(5)(g).
Item #3: Variance request to grade on slopes in excess of 12% in
the St. Croix Riverway District pursuant to Section 17.36(5)(1)(1)b.
Item #4: Special Exception request for a permit to construct a
stairway on the property to allow access to the St. Croix River
pursuant to Section 17.36(6)(a )4.
Item #5: Special Exception request for filling and grading in
the Shoreland area of the St. Croix River pursuant to Section
17.29(2)(c).
8. ARTICLE:
Special Exception request for a commercial business pursuant to
Section 17.18(1)(a). Request is to construct a building for retail
sales for consumer fireworks.
APPELLANT:
TMI Properties, Inc., owner/ B.J. Alan Company, agent
LOCATION:
Located in the SW % of the NW %, Section 34, T291 -R18W, Town
of Warren
ADDRESS:
Off of Star Lane, Roberts, 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
BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES
June 27, 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 and Deb
Zimmermann, Administrative Assistant. Chairperson Speer believes this to be a properly
noticed meeting.
Motion was made by Peterson seconded by Golz to adopt the agenda. Motion carried.
The Board set the next meeting date as July 25, 2002 and will be held in the County
Board Room at the Government Center. The starting time will be 8:30 a.m.
ELECTION OF OFFICERS
Rich Peterson opened nominations for election of officers for the Board of Adjustments.
Motion by Rose, seconded by Krueger to nominate Julie Speer for Chairman of the
Board. Unanimous vote was cast for Julie Speer to serve as Chairman.
Chairman Speer opened nominations for Vice Chairman. Motion by Golz, seconded by
Peterson to nominate Stan Krueger for Vice - Chairman of the Board. Unanimous vote
was cast for Stan Krueger to serve as Vice - Chairman.
Chairman Speer opened nominations for Secretary. Motion by Rose, seconded by Golz to
nominate Rich Peterson as Secretary of the Board. Unanimous vote was cast for Rich
Peterson to serve as Secretary.
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,
June 27, 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 subject to the provisions of Section 17.29(2).
The applicant is proposing to construct a single - family residence on
Bass Lake.
APELLANT: Pat Collova
LOCATION: Located in the NE' /4 of the SE / 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 construct an office building for the
Ristow Trucking Company.
APPELLANT: James Ristow
LOCATION:
Located in the NE ' /4 of the SW '/4, Section 5, T30N -R19W, Town
of Somerset
ADDRESS:
Off of Highway 35, Somerset, Wisconsin
3. ARTICLE:
Special Exception request for a commercial business pursuant to
Section 17.18(1)(a). Request is to construct an 8' x 10' building for
a drive- through coffee and espresso business.
APPELLANT:
Geraldine Meyers
LOCATION:
Located in part of Government Lot 4, Section 22, T30N -R20W,
Town of St. Joseph
ADDRESS:
1410 Main Street, Houlton, Wisconsin
4. ARTICLE:
Variance request to exceed the height requirements of an accessory
structure pursuant to Section 17.12(5) of the St. Croix County
Zoning Ordinance.
APPELLANT:
Don Droppo
LOCATION:
Located in the NE ' /4 of the NE ' /4, Section 33, T30N -R19W, Town
of St. Joseph.
ADDRESS:
1284 60 Street, Hudson, Wisconsin
5. ARTICLE:
Variance request to the Class "C" Road requirements pursuant to
Sectionl7.64(1)(c)2. The request is for a 66 -foot variance to the
centerline setback to expand the footprint of a non - conforming
structure.
APPELLANT:
Kevin Amys
LOCATION:
NW / of the SE 1 /4, Section 3, T31N -R18W, Town of Star Prairie
ADDRESS:
1148 County Road H, New Richmond, WI 54017
6. ARTICLE:
Special Exception request for rock riprapping for shoreline
protection pursuant to Section 17.36(6)(a)(3). Request is to rip rap
the shoreline in the Lower St. Croix River Valley District to repair
and stabilize the shoreline damage.
APPELLANTS: George Lundgren and Peter Thompson
LOCATION:
Located in Government Lot 5, Section 35, T28N -R20W, Town of
Troy
ADDRESS:
Located on Ilwaco Road, Hudson, Wisconsin
7. ARTICLE: Item #l: Variance request to the ordinary high water mark setback
requirements of the St. Croix Riverway District pursuant to Section
17.36(5)(c)l.
Item #2: Variance request to the 25 -foot sideyard setback
requirement of the St. Croix Riverway District pursuant to Section
17.36(5)(g).
Item #3: Variance request to grade on slopes in excess of 12% in
the St. Croix Riverway District pursuant to Section 17.36(5)(1)(1)b.
2
Item #4: Special Exception request for a permit to construct a
stairway on the property to allow access to the St. Croix River
pursuant to Section 17.36(6)(a)4.
Item #5: Special Exception request for filling and grading in the
Shoreland area of the St. Croix River pursuant to Section
17.29(2)(c).
APELLANT: Geraldine Swenson, owner/ Bruce Lenzen, agent
LOCATION: Located in Government Lot 1, Section 24, T28N -R20W, Town of
Troy
ADDRESS: Off of Cover Road, Hudson, Wisconsin
8. ARTICLE: Special Exception request for a commercial business pursuant to
Section 17.18(1)(a). Request is to construct a building for retail sales
for consumer fireworks.
APPELLANT: TMI Properties, Inc., owner/ B.J. Alan Company, agent
LOCATION: Located in the SW 1 /4 of the NW 1 /4, Section 34, T29N -R18W, Town
of Warren
ADDRESS: Off of Star Lane, Roberts, 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
Eslinger reminded the Board that this request was tabled by the Board at its meeting on
August 23, 2001 for additional information. The zoning staff, DNR, Bass Lake Rehab
District and the Land and Water Conservation staff have worked with the applicant and
his engineer to put together the additional information requested by the Board.
The following exhibits were introduced:
Exhibit 1:
Staff report
Exhibit 2:
Coy of August 27, 2002 letter
Exhibit 3:
Narrative of project
Exhibit 4:
Revised site plan
Exhibit 5:
Revised restoration plan
Exhibit 6:
Photographs
Exhibit 7:
Zoning Map
Exhibit 8:
E -mail from LWCD
Exhibit 9:
Letter from the Town of St. Joseph stating approval
Exhibit 10:
E -mail from Bass Lake Rehab District
Exhibit 11:
Picture of property and e-mail correspondence
Eslinger went over the staff report with the Board. Pat Collova, being duly sworn, is the
owner of the property. He reiterated that they have met several times with the
government agencies and Bass Lake Rehab District to resolve issues. They have taken
care of the violations that occurred on the property and paid the DNR fines. Collova
stated that he does not agree with the request by the Bass Lake Rehab District that shrubs
should be placed every 3 feet on the shoreline. There were no shrubs there when the
property was purchased. Explained that he would like to have the view of the lake that he
had when he bought the property.
Matt Hieb, being duly sworn, is the engineer for the project. Went over the maps with
the Board showing the plans for the filling and grading project. He believes they have
addressed all concerns. They have agreed to the grass cover that has been recommended
by the LWCD.
Eslinger went over the grading plans for the house and the driveway, and discussed the
grading disturbance that occurred prior to any permits being issues, and the restoration
plan.
There was no opposition to the request. The Board will view the site.
Article Two: James Ristow
Eslinger explained this request is for a special exception permit to operate a business in the
commercial district. The business is known as Ristow Trucking.
The following exhibits were introduced:
Exhibit 1:
Staff report
Exhibit 2:
Copy of application with narrative
Exhibit 3:
Copy of site plan
Exhibit 4:
Letter from the Town of Somerset, recommending approval
Exhibit 5:
Letter from the LWCD
Exhibit 6:
Copy of zoning map
Eslinger went over the staff report with the Board. The staff would like more information
on this application before proceeding. The staff's concerns are listed in the staff report.
Josh Keeney, being duly sworn, is with the firm of Melchert- Walkky and is representing
the applicant. He presented revised plans of the project to the Board, and these plans were
labeled Exhibit 7 (Site Plan) and Exhibit 8 (Floor plan for structure). Keeney went over
the plans with the Board, pointing out the drainage ponds and showing the grading plans.
He went over the landscaping plan, stating that anything visible from the highway will be
seeded or there will be sod. The applicant is willing to put in shrubs, or adjust the
landscaping plan at the Board's discretion. The building plans have been submitted to the
state and Keeney added that the sign for the business will be located on the front of the
building. There will be approximately 25 employees during the day. They would like to
start the project August 1", and if the Board needs more detailed grading/ erosion control
plans, they will submit to the zoning office. Keeney said that they will be submitting a
lighting plan as well.
There was no opposition to the request. The Board will view the site.
Article Three: Geraldine Meyer/ Mountain Mudd Espresso, Inc.
Eslinger explained that this request is for a special exception permit for a drive thru coffee
and espresso business on property zoned commercial in Houlton, Town of St. Joseph. The
business is known as Mountain Mudd Espresso, Inc. The building that is being proposed is
an 8 -foot by 8 -foot kiosk to house the drive thru business. The property is approximately
5.966 acres, and there are other commercial businesses surrounding it. There had
previously been a nightclub on the property, but it was destroyed by fire a number of years
ago. 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 photographs
Exhibit 4:
Copy of the site plan
Exhibit 5:
Copy of the CSM
Exhibit 6:
Copy of the Zoning Map
Exhibit 7:
Letter from the Town of St. Joseph recommending approval
Jack Moxness, being duly sworn, is the owner of Mountain Mudd Espresso. He agreed
with Eslinger's presentation and handed out a picture what the kiosk would look like.
Moxness stated that he has no problem with the suggested conditions. He currently has
two of these operations at other sites, and has been successful.
There was no opposition to the request. The Board will view the site.
Article Four: Don Droppo
Eslinger told the Board that this request is for a four -foot variance from the 15 -foot
accessory building height requirements to construct a 19 -foot pole shed to store personal
belongings and a large motor home. The Board reviewed the staff report with Eslinger.
The following exhibits were introduced:
Exhibit 1:
Staff report
Exhibit 2:
Copy of application and attachments.
Exhibit 3:
Copy of site plan
Exhibit 4:
Copy of building plans
Exhibit 5:
Copy of site location map
Exhibit 6:
Copy of letter from the Town of St. Joseph recommending approval.
Curt Meers, Being duly sworn, is an employee of Walter's Buildings and is representing
the owners of the property. Meers explained that the Droppos do not own the motor
home yet, as they want to build the shed first so that when they purchase the motor home
it does not have to sit outside. The extra 4 -feet is needed for the height of the building to
accommodate the size of the motor home they will be purchasing. The building would be
located in the low area on the property, and by using this location, would be less visible
from the road, and would keep the building from "sticking out" on the property. The size
of the lot is approximately 3 acres. Meers handed out photos of the property to the Board
members, and these photos were labeled as Exhibit 7.
There was no opposition to the request. The Board will view the site.
The Board recessed from 9:50 a.m. to 10:05 a.m.
Article Five: Kevin Amys
Eslinger told the Board that this request is for a 66 -foot variance from the centerline of
County Road H to expand the footprint of a nonconforming structure, by adding a garage
area. The setback requirement for a Class C road is 133 -feet from the centerline, or 100 -
feet from the road right -of -way, whichever is greater. The applicant has proposed two
options. One option is to add onto the east side of the home, the other is to add onto the
back of the home, under the existing deck.
The following exhibits were introduced:
Exhibit 1:
Copy of the staff report
Exhibit 2:
Application for variance with narrative (including options)
Exhibit 3:
Photos
Exhibit 4:
Site location map
Exhibit 5:
Town letter dated June 10, 2002
Exhibit 6:
Past Board of Adjustment decision on the property
Exhibit 7:
Past Board of Adjustment minutes
Eslinger went over the staff report, and pointed out that a variance had been requested on
this property in August of 1993, and was denied.
Kevin Amys, being duly sworn, has owned the property for 19 years. He now has a
family, and believes he needs more room, as the structure is fairly small. Would like to
increase the size of the structure and add a new garage. He is willing to use either option
that the Board decides on.
There was no opposition to the request. The Board will view the site.
Article Six: George Lundgren and Peter Thompson
This request is for a special exception permit for a rip rap project on the St. Croix River.
The request is to stabilize the bank of two adjoining property owners. The staff has
worked with the applicants, and believe that they have met all of staff's concerns and the
project has been designed according to the satisfaction of all agencies.
The following exhibits were introduced.
Exhibit 1: Staff report
Exhibit 2: Application materials with narrative and attachments dated April 5, 2002
Exhibit 3: LWCD's review letter dated June 17, 2002
Exhibit 4: DNR permits to rip rap dated June 11, 2002
Exhibit 5: Photos
Exhibit 6: Staff observations dated October 1, 1001 of the original application
Exhibit 7: Original applications
Exhibit 8: Zoning map
Exhibit 9: Letter from the Town of Troy recommending approval
Exhibit 10: Letter from the Army Corps of Engineers
Eslinger went over the staff report, noting the elevation marks. The applicants plan to rip
rap at the elevation of 698. Staff believes that this is adequate.
George Lundgren, being duly sworn, is one of the applicants. He explained that there has
been a great deal of erosion over the past few years, and believes it is very important to
remedy this problem.
A question was raised by the Board on the ravine area near the property. Lundgren
explained that there is no wave action in that area, so believes it is not important to rip
rap in that area. Staff concurs with that analysis.
There was no opposition to the request. The Board will view the site via the photographs.
Eslinger explained that the access road is too narrow and the slopes are too steep for the
Board to access the site. The staff has visited the site.
Article Seven: Geraldine Swenson/ Bruce Lenzen
Eslinger went over this request with the Board stating that there are several items with
this request. He informed the Board that Item #2 has been canceled. The request is for 2
variances and 2 special exceptions for a .45 acre lot in the St. Croix Riverway District.
The lot was created in 1957 and is part of the St. Croix Cove Subdivision recorded with
the Registered of Deeds on April 22, 1957. The lot has never been built on.
The following exhibits were introduced:
Exhibit 1:
Staff Report
Exhibit 2:
Application for variance and special exception
Exhibit 3:
Survey of lot (dated May 15, 2002)
Exhibit 4:
Stairway Plan
Exhibit 5:
Stipulated Dismissal of Appeal
Exhibit 6:
LWCD letter dated June 17, 2002
Exhibit 7:
DNR and Zoning staff e -mail
Exhibit 8:
Photos
Exhibit 9:
Soil and site evaluation for the POWTS
Exhibit 10:
Zoning Map
Eslinger told the Board that in 1995, a variance was requested by James Jacobson for a
variance to construct a single family home and was denied by the Board of Adjustment.
The applicant appealed the decision to circuit court. In a "Stipulated Dismissal of
Appeal ", signed by the applicant and St. Croix County, it was stated that the owner has
the right to a brand new hearing, and the Board will not consider the old case.
Eslinger went over the requests with the Board. The two variances are for a variance
from the OHWM to construct a home, and a variance for grading on slopes in excess of
12 %. The special exception is for filling and grading and for construction of a stairway
in the St. Croix Riverway.
The Town of Troy has approved of the request with some suggested conditions. The
staff, LWCD and the DNR still have concerns on this application, and would like more
information submitted before a decision is made.
Mike Waterman, being duly sworn, is the attorney representing the Swensons. He went
over the history of this lot, stating that there are new potential purchasers of the property.
The plans for this property are substantially different than that plans presented at the time
of the denial. Waterman believes that the Outagamie case that was heard at the Supreme
Court level, and has changed the requirements for a variance and would allow for a
variance to be considered for this lot.
Bruce Lenzen, being duly sworn, is the builder that has been hired for this project. He is
trying to establish the parameters of the building area before putting too much into
designing the home. Lenzen agrees that it would be beneficial for everyone to meet and
work through the concerns that have been brought up by the different agencies.
Waterman added that this is case is unique, as the lot was established in the 1950's. He
agrees with Lenzen that it would be best to find out what will be allowed on this lot,
before putting too much time and money into a design that may not be allowed.
Mary Hense and David Hense, being duly sworn, are adjoining property owners who are
opposed to the request. Some of their concerns were: They would like to see the
property remain an open space, were under the impression that it was an unbuildable lot
when they bought their home, issues on taxes that have been paid on the lot, owners have
had the lot for a long time and have chosen not to build on it.
Article on the Supreme Court ruling on variances labeled as Exhibit 16.
Eunice Post, being duly sworn, is with the Department of Natural Resources, and is still
reviewing new material that came into the DNR. Post said that she believes that the
homes on either side of the property are smaller than the one being proposed by the
applicant. The DNR needs to review the application more thoroughly before making a
final recommendation.
The Board will view the site.
Article Eight: TMI Properties/ B.J. Allen
This article is for a special exception permit to operate a commercial business on a
commercial site. The property is located at the S/E quadrant of the 65/94 corridor in the
Town of Warren. The request is to sell consumer fireworks. The name of the company is
Phantom Fireworks. They applicant is proposing to construct an 80 -foot by 100 -foot
building The DOT has given approval for access. Eslinger went over the staff report
with the Board. State approval is required for the building and the septic system.
The following exhibits were introduced:
Exhibit 1:
Staff Report
Exhibit 2:
Application for special exception with narrative
Exhibit 3:
Sheet Drawings
Exhibit 4:
Certified Survey Map of Lot 1
Exhibit 5:
LWCD comments
Exhibit 6:
Photos
Exhibit 7:
Copy of zoning map
Peter Gartman, being duly sworn, is with Cedar Corp and is here on behalf of B.J. Allen.
He reiterated that the plan for this site is to warehouse fireworks in a newly constructed
building. He handed out a revised plan for the building, stating that this building plan is
for a larger building than previously submitted. Gartman went over the plans and layout
of the proposed project, stating that the building will be steel and brick. He added that
the Phantom Fireworks Company is very reputable and has been in this business for 31
years. There would be 30 employees during peak time, and 10 full time employees in the
off -peak time. Gartman stated that they would be willing to add additional screening if
the Board decides it is needed. There will be no outside storage or sales of fireworks.
There was no opposition to the request. The Board will view the site.
The Board recessed the hearing from 11:50 a.m. to 3:10 p.m. to conduct site visits.
DECISIONS
The Board reconvened at 3:10 p.m. to render decisions.
Minutes: Motion by Golz, second by Speer to approve the May 23, 2002 minutes. All
in favor, motion carried.
Article One: Pat Collova
Motion by Rose, second by Golz to approve the request for a special exception for filling
and grading in the Shoreland area based on the following findings:
1. Concerns from the original hearing have been addressed and met.
2. The LWCD has approved of the project
3. The DNR has approved of the project
4. The erosion control plans have been designed by a professional engineer.
5. The Town of St. Joseph has approved of the request.
6. There was no opposition to the request.
7. The integrity of the ordinance will be upheld and the spirit and intent of the
ordinance will be met by granting the request.
With the following conditions:
1. The applicant shall 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. The applicant shall comply with the recommendations by the Bass Lake
Rehabilitation District.
4. All structures must meet the minimum setback requirements as outlined in the St.
Croix County Zoning Ordinance.
5. The applicant shall obtain all necessary approvals from the Wisconsin Department
of Natural Resources. This includes all renewals.
6. 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.
7. The Zoning office is to be notified at the start and the finish of the project.
8. All grading activities shall be completed before September 15, 2002.
9. Detailed construction estimates for grading and erosion control must be submitted
and approved by the county. Once estimates are approved, applicant must submit
a financial guarantee equal to 120% of the cost of the improvement. Guarantee to
be in effect for a minimum of one (1) year and automatically renewed, unless the
county releases the money before this timeframe. No earth moving is to
commence until financial guarantee is approved as stipulated above.
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 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.
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. 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; Krueger, yes; Golz, yes; Rose,
yes; Chairperson Speer, yes. Motion carried.
Article Two: James Ristow
Motion by Rose, second by Peterson to table the request for a special exception to operate
a business in the commercial district. The Board requires more information and/or
clarification regarding the following items:
1. Address the concerns identified by the Land and Water Conservation Department
(LWCD) (see attachment - exhibit 5)
a. Provide a grading plan that reveals pre and post contours.
b. Indicate the construction timeline for the project.
C. Provide a storm water and erosion control plan for the project. The plan
shall include protection for the wetland and pond south of the project area.
2. Provide storm water calculations using the 25 -year storm event for the proposed
and future expansions. Please consider all graded and impervious areas on the lot.
3. Indicate the specific businesses that will be located in the office building.
4. Indicate the type and color of the building's exterior finish (metal, wood, vinyl,
etc...)
5. Please indicate the proposed size and location of the sign.
6. Provide a landscaping plan for the site. Section 17.18 (1) (f) 5. states that " A
minimum of at least 15 % of the area within the property lines of each lot shall be
devoted to landscape purposes.
7. Provide documentation that a Private Onsite Wastewater Treatment System
( POWTS) can be located on the lot. (Soil test and plot plan, POWTS design and
approvals, etc...)
8. Provide number of employees that will be engaged with the business and the
number of shifts employees will work.
9. The applicant must submit a parking plan to the zoning office to review to ensure
compliance with sec. 17.57 (5). Applicant to maintain a minimum of one (1)
paved parking space for each 200 -sq. ft. of office area [sec. 17.57 (5)]. A
minimum of 25 parking spaces must be maintained for this office building.
10. All parking and driving areas must be paved [sec. 17.18 (1) (f) 5.]. Please
address. Chapter 17.56 Off - street parking (7) All parking spaces shall be graded
and drained to prevent the accumulation of surface water. Parking areas
containing three or more spaces shall be provided with a dust free surface.
11. Provide a lighting plan for the proposed building. All lighting shall be shielded
downward along the building and away from neighboring properties.
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12. Commercial Building approval is required for structures greater than 25,000 cubic
feet of commercial area. Please contact John Dahl, State Commercial Building
Code Inspector, at 715- 232 -6600.
The following vote was taken to table: Peterson, yes; Golz yes; Krueger, yes; Rose, yes;
Chairperson Speer, yes. Motion carried.
Article Three: Geraldine Meyer/ Mountain Mudd Espresso, Inc.
Motion by Rose, second by Golz to approve the request for a special exception request to
for a drive thru coffee business in the commercial district based on the following
findings:
1. The Town of St. Joseph has recommended approval of the request.
2. The business serves a public need.
3. The request is compatible with the surrounding commercial uses.
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.
With the following conditions:
1. This permit is for Mountain Mudd Espresso, Inc. to locate an 8 -foot by 8 -foot
kiosk.
2. The westerly portion of said lot must be rezoned to commercial prior to
expanding any commercial activity to this area.
3. Applicant to maintain a minimum of one (1) paved parking space for each shift
employee.
4. Applicant to maintain proper state licensing to operate the business.
5. 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.]
6. The property shall be kept in a neat and orderly manner.
7. The cumulative onsite free standing signage advertising the business shall not to
exceed 32 square feet, excluding the signage on the building. This sign must be
located a minimum 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.
8. The brush is to be cut between the ingress and egress on the property, as the
Board believes this to be a safety hazard.
9. 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)
10. The applicant shall have the zoning administrator review this special exception
permit in two years from the approval date for compliance with this approval
(June 2004).
11. 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.
12. The applicant shall have one (1) year from the issuance of the special exception
permit to commence the business. Failure to do so shall result in revocation of the
special exception permit. If the special exception permit expires before business
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commences, the applicant will be required to secure a new special exception
permit before starting or completing 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: Krueger, yes; Peterson, yes; Golz, yes; Rose,
yes; Chairperson Speer, yes. Motion carried.
Article Four: Don Droppo
Motion by Golz, second by Peterson to approve the request for a four -foot variance from
the fifteen -foot accessory building height requirements based on the following findings:
1. The Town of St. Joseph has approved of the request.
2. The lot is very large, and the location chosen for the building minimizes the visual
effect of the height of the building.
3. Earthtone colors will be used on the building.
4. The variance is granted to accommodate storage of the applicant's personal motor
home.
5. The layout of the property is unique.
6. The lot is suitable for this type of structure.
7. There were no objections to the request.
8. The integrity of the ordinance will be upheld and the spirit and intent of the
ordinance will be met by granting this variance.
With the following conditions:
1. Submit an erosion control application (plan) for the construction site for review and
approval. All best management practices (i.e. silt fence, erosion mat, etc...) must be
installed prior to commencing the construction of the shed.
2. Submit a plan explaining how the mound system will be protected during all stages
of construction. No construction shall take place within 15 -feet of the toe of the
mound, including grading activities.
3. The applicant must contact the town to obtain a building permit to construct the pole
shed/use.
4. The accessory structure shall only be used for personal storage.
The following vote was taken to approve: Rose, yes; Krueger, yes; Peterson, yes; Golz,
yes; Chairperson Speer, yes. Motion carried.
Article Five: Kevin Amys
Motion by Rose, second by Krueger to deny the request for a 66 -foot variance from the
centerline of a Class C Highway to expand the footprint of a non - conforming structure
based on the following findings:
1. This is a non - conforming structure. Approval of requested variance would
increase and add to the non - conformity of the structure, as the entire structure is
with the roadway setback.
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b + 1
2. Applicant did not prove that there was a hardship in this case. The applicant has
reasonable use of the property and existing structure without the variance.
3. There has been no change in the application since the previous denial in 1995.
4. A variance cannot be granted due to an increase in family size.
5. The Board feels that by granting this variance, the spirit and intent of the
ordinance would not be met.
The following vote was taken to deny: Golz, yes; Peterson, yes; Krueger, yes; Rose, yes;
Chairperson Speer, yes. Motion carried.
Article Six: George Lundgren and Peter Thompson
Motion by Golz, second by Speer to approve the special exception request for a permit to
rip rap along the shore of the St. Croix River based on the following findings:
1. The Town of Troy has recommended approval of the request.
2. The request is a commonly approved practice along the St. Croix River.
3. The rip rap will be an improvement to the property, and is environmentally
friendly.
4. All outside agencies (DNR. LWCD, Army Corps) have approved of the project.
5. There were no objections to the request.
6. The spirit and intent of the ordinance would not be met by granting this variance
request.
With the following conditions:
1. The applicant shall work with the Zoning and Land and Water Conservation Staff
during this project to insure that the plans are implemented as designed and
approved. The Board notes that the applicant may want to consider extending the
project and address all areas along their shoreline.
2. The applicant shall submit a re- vegetation plan specifications referenced on the
Earthworks drawing. Staff recommends that native prairie grasses and forbs be
incorporated into the plan.
3. The applicant is to notify the Zoning Office at the commencement and completion
of the project.
4. Comply with all DNR and Army Corps of Engineers requirements and obtain any
permits necessary.
5. The applicant shall have one (1) year from the issuance of the Special Exception
permit to act on the Special Exception Permit. If the Special Exception permit
expires, the applicant will be required to secure a new Special Exception permit
before commencing the rock rip -rap project.
6. Any minor change (or addition) in expansion of the project, shall require review
and approval by the Zoning Director. Any major change and/or addition to the
originally approved plan will go through the special exception approval process,
where applicable, as stated in the ordinance.
7. 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.
8. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision
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`% C ,
The following vote was taken to approve the request: Peterson, yes; Rose, yes; Krueger,
yes; Golz, yes; Chairperson Speer, yes. Motion carried.
Article Seven: Geraldine Swenson/ Bruce Lenzen
Motion by Rose, second by Peterson to table this request for two special exceptions and
two variances in the St. Croix Riverway District. The Board requires more information
and /or clarification regarding the following items:
The applicant must address the concerns raised by the Department of Natural
Resources in a letter dated June 26, 2002 (see attachment)
The applicant must address the County staff's concerns as identified in the staff
report and in the letter dated June 17, 2002 from the Land and Water Conservation
Department.
The following vote was taken to table: Golz, yes; Krueger, yes; Rose, yes; Peterson, yes;
Chairperson Speer, yes. Motion carried.
Article Eight: TMI Properties/ B.J. Allen
Motion by Krueger, second by Rose to table the request for a special exception permit to
locate a business in the commercial district The Board requires more information and/or
clarification regarding the following items:
The Board requested that County staff review the revised plans that were
submitted to the Board at the public hearing. Changes noted on the revised plans
are as followed:
a. Septic location.
b. Storm water detention basin sizing
C. Size of the building
d. Storage of fireworks for off site sales.
2. Provide storm water calculations for the revised plans. Please consider all graded
and impervious areas on the lot.
3. Clarify whether or not the surface water on lot 2, CSM Vol. 16, Pg. 4303 drains to
lot 1. If so, was this taken into consideration when designing the Stormwater
detention basin for lot 1.
4. Provide documentation from the Wisconsin Department of Transportation that the
outfall pipe for the detention pond can encroach into the 50 -foot DOT setback
requirement. (Trans. 233)
5. Indicate the type and color of the building's exterior finish (metal, wood, vinyl,
etc...)
6. The Board requested additional screening along the I -94 on ramp corridor (west of
the parking lot and north of the proposed building).
7. Provide documentation that a Private Onsite Wastewater Treatment System
( POWTS) can be located on the lot. The agent noted that the septic system site had
to be relocated on the lot because of the change in the building plans. (Soil test and
plot plan, POWTS design and approvals, etc...)
8. Provide number of employees that will be engaged with the business and the
number of shifts employees will work.
9. The applicant must submit a parking plan to the zoning office to review to ensure
compliance with sec. 17.57 (5). Applicant to maintain a minimum of one (1)
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• ~ `
paved parking space for each 200 -sq. ft. of ground floor area [sec. 17.57 (5)]. A
minimum of 67 parking spaces must be maintained for this business.
10. All parking and driving areas must be paved [sec. 17.18 (1) (f) 5.]. Please address.
Chapter 17.56 Off - street parking (7) All parking spaces shall be graded and drained
to prevent the accumulation of surface water. Parking areas containing three or
more spaces shall be provided with a dust free surface.
11. Provide a lighting plan for the proposed building. All lighting shall be shielded
downward along the building and away from neighboring properties.
12. Commercial Building approval is required for structures greater than 25,000 cubic
feet of commercial area. Please contact John Dahl, State Commercial Building
Code Inspector, at 715- 232 -6600.
The following vote was taken to table: Peterson, yes; Golz, yes; Rose, yes; Krueger, yes;
Chairperson Speer, yes. Motion carried.
Motion by Peterson, second by Rose to adjourn the meeting at 4:30 p.m.
Respectfully submitted:
Ri hard Peterson, Secretary
Debbie Zimmerm , R cording Secretary
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