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HomeMy WebLinkAboutBoard of Adjustment 08-22-02AGENDA 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, August 22, 2002 TIME: 8:30 a.m. LOCATION: Government Center, Hudson, Wisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: OTHER BUSINESS: OLD BUSINESS: 1) Ristow Trucking Special Exception — Commercial Business (tabled June 25, 2002) 2) Decision on Robert Gandee Variance Request - (tabled August 23, 2001) 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: August 5, 2002 COPIES TO: County Board Office County Clerk Committee Members News Media /Notice Board '"CANCELLATIONS /CHANGES /ADDITIONS BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES August 22, 2002 The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll 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 of the Land and Water Conservation Department. Chairperson Speer believes this to be a properly noticed meeting. Motion was made by Rose second by Golz to adopt the agenda. Motion carried. The Board set the next meeting date as September 26, 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 Peterson, seconded by Krueger to approve the July 25, 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 Ristow Trucking: Eslinger reminded the Board that this request was tabled last month for more information. The request is for a special exception permit to construct an office building for a business known as "Ristow Trucking" in the commercial district. Eslinger said that there are still some plans for erosion control missing, and the staff needs to review these before an approval is given. The Board received additional information as requested and this information was labeled as Exhibit 9. Exhibit 10 is an e -mail from Pete Kling to Rod Eslinger dated August 19, 2002. James Ristow, being duly sworn, is the owner of the commercial business. He believes all issues have been addressed, and has submitted the erosion control plans to zoning and the Land and Water Conservation Department. With regard to screening, he has proposed maple trees, but will plant conifers if that is what the Board decides. Josh Keeney, being duly sworn, is working the Ristow on the project. He stated that the light on the property will be illuminated downward, and electrical work on the project will be done by Helgeson Electric. Pete Kling, Land and Water Conservation Department, has not had a chance to thoroughly review the erosion control plans, but it appears that all issues have been addressed. Kling will need approximately one day to finish his review. After some discussion by the Board, a motion was made by Krueger, seconded by Golz to approve the request for Ristow Trucking, based on the following findings: 1. The concerns of the Board have been addressed. 2. There were no objections to the request. 3. The Town of Somerset has recommended approval of the request 4. The plans for the project have been designed by a professional engineer. 5. The Board finds that the spirit and intent of the ordinance would be met by the granting of this request. With the following conditions: 1. This permit is for Ristow Trucking to construct an office building for its employees. 2. The applicant shall submit a construction schedule for the project to the zoning office for approval before this permit is valid. 3. The applicant shall submit a grading plan for the project. The plan must include pre and post development contours. This plan must be submitted to the Zoning office to be reviewed and approved by the LWCD and Zoning Department before this permit is valid. 4. The applicant shall submit a Stormwater and erosion control plan for the project. The plan must include adequate protection for the wetland and pond south of the property for the project to the zoning office to be reviewed and approved by the LWCD and Zoning Departments before this permit is valid. 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. The applicant must submit a parking plan to the zoning office to review to ensure compliance with the parking requirements before this permit is valid. 6. All parking and driving areas must be paved [sec. 17.18 (1) (f) 5.] within six (6) months of occupancy of the building. 7. Applicant to maintain proper state licensing to operate the business. 8. 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.] 9. The property shall be kept in a neat and orderly manner. 10. The applicant shall submit detailed grading and Stormwater plans for the land disturbance phase of construction for County staff to review and approve. 11. The applicant to submit a screening plan to the zoning department for their review. Screening should include a combination of deciduous and coniferous trees. Pursuant to 17.18 (1) (f) 6, any commercial lot that abuts or is across from a residential area shall have perimeter landscape screening that will substantially screen parking areas and headlights from vehicles 12. 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 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. 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 (August 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 business. 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: Golz, yes; Rose, yes; Peterson, yes; Krueger, yes; Chairperson Speer, yes. Motion carried. Robert Gandee Eslinger informed the Board that this request was tabled back on August 23, 2001. The request was for a 7 -foot variance to allow an existing home, deck and attached garage to remain in the side yard setback of a neighboring lot. The Board tabled the request to allow the two adjoining property owners to come to a solution to bring back to the Board. At this time, there has been nothing submitted to the zoning department regarding this matter. Eslinger told the Board that he believes a representative of the property owners is here today to speak to the Board, and address this issue. Cynthia Smith, being duly sworn, is representing the parties in this matter. Smith handed out a packet of information to the Board, labeled as Exhibit 1. Smith explained to the Board that a new survey has been drawn up on this property that would convey enough land to the owner to the south to allow the home to remain in its present location. Fisher added that if the land is conveyed, and the deeds are recorded, there would be no need for a variance on this property. Discussion held by the Board. Motion by Peterson, seconded by Golz to table this request for 30 days to allow the deeds to be recorded and submit copies to the zoning department for their review. The following vote was taken to table: Rose, yes; Krueger, yes; Golz, yes; Peterson, yes; Chairperson Seer, yes. Motion carried. This will be placed on the agenda for the September 26 hearing. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. It was noted that Article #1 and Article #5 have been canceled for today. 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, August 22, 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 Exceptions: Filling and grading in the Lower St. Croix Riverway and Shoreland Districts pursuant to Section 17.36(6)(a)3 and Section 17.29(2)(c). Request to replace a stairway on the bluff face pursuant to Section 17.36(6)(a)4. Variance: Request to grade on slopes greater than 12% in the Lower St. Croix Riverway District pursuant to Section 17.36(5)(1)(1)b. Applicant is requesting to stabilize slope failure. APPELLANT: Tom Rose LOCATION: Lot 20 and 21 of the St. Croix Cove, Section 24, T28N -R20W, Town of Troy ADDRESS: 270 Cove Road, Hudson, Wisconsin 2. ARTICLE: Variance request from the 100 -foot bluffline and 200 -foot ordinary highwater mark setback requirements of the Lower St. Croix Riverway District pursuant to 17.36(5)(c)1. Request is to construct a 14 x 23 foot addition onto the existing residence. APPELLANT: Karl E. Neumeier, owner LOCATION: The NE' /4 of the NE 1 /4, Section 12, T30N -R20W, Town of Somerset ADDRESS: 280 165 Avenue, Somerset, Wisconsin ARTICLE: Special Exception Request for non - metallic mining operation pursuant to Section 17.15(6)(g) subject to the provisions of Ordinance number 226(89) of the St. Croix County Zoning Ordinance. The request is to operate a rock quarry. Variance Request to the 100 -foot setback pursuant to Section 226(89)F.3. The request is to allow an existing mine to remain in operation within the 100 -foot setback area. APPELLANT: Lowell and Virginia Rivard Family Trust, owner/ The Kraemer Company, agent. LOCATION: The SE' /4 of the NE 1 /4, Section 12, T30N -R20W, Town of Somerset ADDRESS: Off of Anderson Scout Camp Road, Somerset, Wisconsin 4. ARTICLE: Special Exception request for a permit to operate a temporary asphalt plant and related equipment in the Ag/Residential District pursuant to Section 17.15(6)(n). APELLANT: Scott Simons, Tracy Simons and Terry Simons - Meyers, owners/ Mathy Construction, agent LOCATION: The NE' /4 of the SE '/4, Section 1, T29N -R15W, and the SE' /4 of the SE 1 /4 Section 1, T29N- R15W,Town of Springfield. ADDRESS: 1131 County Highway W, Downing, Wisconsin. ARTICLE: CANCELED Variance request to the 200 -foot driveway separation requirement pursuant to Section 17.64(5)(a)3. Request is for a 15- foot variance to allow a driveway 185 -feet from the nearest driveway. APPELLANT: Arthur Peterson, owner/ Barbara Geissinger, agent LOCATION: The SE 1 /4 of the NE 1 /4, Section 16, T30N -R19W, Town of Somerset ADDRESS: 155 Avenue, Somerset, Wisconsin 6. ARTICLE: Special Exception request to operate a transmission repair business in the Commercial District pursuant to Section 17.18(1)(a). APPELLANT: TMI Properties, Inc., owner/ Keith Brown, agent LOCATION: Part of the NE 1 /4 of the SE 1 /4, Section 33, T29N -R18W, Town of Warren ADDRESS: 644 Star Lane, Roberts, Wisconsin 7. ARTICLE: Special Exception request for an oversized commercial storage facility in the Commercial District pursuant to Section 17.18(1). APPELLANT: Henry J. Lentz, Family Trust, owner/ Park Place Storage Condominiums, agent LOCATION: Part of the NW 1 /4 of the SE 1 /4 and in part of the NE 1 /4 of the SE 1 /4, Section 22, T30N -R20W, Town of St. Joseph. ADDRESS: Off of 7 th St., Houlton, Wisconsin ARTICLE: Special Exception request for contractor storage yard pursuant to Section 17.15(6)(d). Request is to locate a contractor storage yard for a heating and air conditioning contracting company in the Ag/Residential District. APPELLANT: Timothy W. Olson LOCATION: Part of the SE 1 /4 of the SW 1 /4, Section 33, T29N -R18W, Town of Warren ADDRESS: 113260' Avenue, 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: Tom Rose - Canceled Article Two: Karl Neumeier This request is for a variance to the 100 -foot bluffline setback and the 200 -foot ordinary high water mark setback requirements of the Lower St. Croix Riverway District. The following exhibits were introduced. Exhibit 1: Staff Report Exhibit 2: Application for variance Exhibit 3: Photos Exhibit 4: Zoning Map Exhibit 5: August 5, 1997 BOA decision Exhibit 6: DNR letter dated August 15, 2002 Fisher and Eslinger explained that this is a complicated application as it deals with the "federal zone" of the St. Croix River. Greg Timmerman, Corporation Counsel, joined the hearing. Fisher went over the map pointing out the federal zone, and showing the Board where the Neumeier property lies within that zone. Since this property is located in the federal zone, it is also subject to a scenic easement, which is held by the National Park Service. The regulation of this federal zone has been disputed in circuit court, and the outcome was that the Wisconsin Department of Natural Resources has the right to enforce state regulations in the federal zone. This decision is now being appealed, and the outcome has not been determined. In the meantime, the National Park Service has approved this request by Neumeier, stating in a letter dated February 19 and April 10, 2002, that the conditions of the scenic easement have been met for this project. Fisher said that the dilemma lies in the fact that this land lies within a zone that has two sets of rules that are in direct conflict with one another, and that is the main reason the County is appealing the case. The applicant is requesting to build a 14 -foot by 23 -foot addition on the east side of the house. According to the National Park Service, the addition will not make the home any more non - conforming, and will not be visible from the St. Croix River. The County agrees with this statement, but cautioned the Board that the ordinance reads that the Board cannot approve a variance over the objection of the DNR. The DNR objected to this request, and a representative from the DNR will give testimony today. Timmerman added that the ordinance in effect today is the "old" ordinance, which includes regulation of the federal zone, as the decision of the Appellate Court has not been made at this time. Karl Neumeier, being duly sworn, is the owner of the property. He stated that he has been trying to get this addition put on his home for 5 years, and it has been one continual disagreement between government agencies. The addition would not be going towards the river, rather to the east, and would not be any more visible from the river than the current structure. Neumeier went over the steps taken to get to this point, stating that he has been to the DNR, National Park Service, the County, the Town and to the Wisconsin Natural Resources Board. To this date, the only agency that objects to this permit being issued is the DNR. Neumeier went on to say that the Outagamie Supreme Court Case allows the Board to look at the criteria for granting variances differently than before. He handed out a copy 6 of the case to the Board members, and was labeled as Exhibit 7. Neumeier went over Exhibit 7 with the Board, pointing out areas that he believes relate to his application. Neumeier then went over the letter from the DNR with the Board, reiterating that the only agency objecting to this request is the DNR. Larry Wolf, being duly sworn, reiterated that this Supreme Court case has a bearing on this application, and that there is a definite conflict between the DNR rules and the rules in the federal zone administered by the National Park Service. Eunice Post, being duly sworn, represented the DNR. She entered the department's objection to this variance request. She spoke with DNR legal counsel, and they believe that this request does not meet the legal requirements for granting a variance. Timmerman questioned Post about the letter that was sent to zoning by DNR dated August 15, 2002, specifically relating to Supreme Court cases being cited in the letter, and the fact that the Outagamie case was not referred to. Post answered that her understanding was that the Outagamie case has no precedential efffect, but believed she was not in a position to explain any further, as she is not an attorney. Timmerman questioned the language of non - conforming uses and non - conforming structures. He stated that the two are very different and should not be used interchangeably. An Act was passed last year clearly specifying the difference between non - conforming uses and non - conforming structures. Timmerman added that the 50% rule referred to in the DNR letter, does not apply as this is a non - conforming structure case, not a non - conforming use case. Timmerman explained to the Board that the St. Croix Riverway rules applied to the property have as their primary purpose protecting the view from the river and to ensure that structures are visually inconspicuous from the river in the summer. The Outgamie case changes the reading of the Snyder and Kenosha County cases. Now you evaluate the purpose of the regulation against the nature of the variance request. The Neumeier addition will be visually inconspicuous from the river, therefore meeting the spirit and intent of the ordinance. Timmerman does not believe that the explanation given by the DNR today is valid and that the DNR did not explain its position as the ordinance requires. He further stated that if the Board finds it must deny this application based solely on the fact that the DNR objects to this application, they may state that in their findings as a basis for the denial. Fisher added that a staff organized meeting was conducted at the Neumeier site to view the property and those present were the county staff, Corporation Counsel, DNR, the National Park Service and Neumeier The Board will view the site. The Board recessed from 10:25 a.m. to 10:35 a.m. Article Three: Lowell and Virginia Rivard Family Trust/ The Kraemer Company Stan Krueger recused himself from the hearing, as he has a conflict of interest. Eslinger informed the Board that the variance part of this request has been withdrawn. Eslinger explained that this request is for a special exception permit to operate a non - metallic mining operation within an existing quarry, and entered the following exhibits: Exhibit 1: Staff Report Exhibit 2: Application for special exception with narrative Exhibit 3: Application for variance with narrative Exhibit 4: Reclamation Plan Exhibit 5: Letter from National Park Service Exhibit 6: Photos Exhibit 7: Letter from the Kraemer Company on August 16, 2002 Exhibit 8: Letter from the LWCD dated August 21, 2002 Exhibit 9: National Park Service Letter Eslinger went over the staff report with the Board. This site is located near, but not in, the Lower St. Croix Riverway District in the Town of Somerset. The Kraemer Company would be mining this property to provide rock for the Highway 64/35 project. The existing quarry has been in operation for approximately 50 years. The quarry encompasses approximately 80 acres and there will be drilling, blasting and crushing done on the site. Eslinger went over the letter from the Land and Water Conservation Department, stating their concerns. The DNR has sent a letter stating they have no objection to the request. The National Parks Services has sent a letter stating their concerns and listing suggested conditions if the request is approved. The Town of Somerset has suggested conditions to this request, and the letter from the Town was read into the record. Dick Marino, being duly sworn, is representing the Kraemer Company. He explained that they have been awarded the contract for the Highway 64 expansion and are asking for a permit to operate out of this existing quarry. They plan to locate the business to have the least minimal affect on the surrounding property owners and the St. Croix River. They have received approval from the Town of Somerset. Marino stated that they have agreed to the hours of operation being 7:00 a.m. to 6:00 p.m. Monday through Friday, with retail sales on Saturday. They have addressed the issues raised by the neighbors regarding noise, dust and traffic. They will have noise testing conducted by a consultant and have permits for air quality (N.R. 400). The quarry is positioned to minimize traffic and is located near the highway. The State has agreed to build a 4- season road to haul on and will work with the town on any damage issues to the roads. They have obtained a N.R. 216 permit from the DNR. There is a safety manager on site at all times to monitor hazardous materials. Kraemer has agreed to move the berms to the east, will plant trees along the quarry for screening and the northern berm will be planted in pines to limit the view from the river. They will not mine the areas in steep slopes near the NPS land. Marino told the Board that this quarry has been in operation for many years, and that Kraemer has been in business since 1911. It is important for them to maintain their good reputation. They will work with all agencies to insure that all concerns are met. They are willing to review the permit with the town and county in one year, if approved. Mike Rivard, being duly sworn, said that the windmill on the site has not been in operation for many years. It was suggested by staff that the well be caped. Kling stated that he is confident that any outstanding issues can be taken care of, and further stated that there are no natural wetlands on the site. William Kraemer, being duly sworn, is the President of the Kraemer Company. He explained that they have a 4 year lease on this property. They notify all neighbors before any blasting is done. There are no plans for washing at this site. He reiterated that they want to follow all the rules, run a good business and is important to them to be compatible with the neighborhood. Benny Stenner, being duly sworn, is with the Kraemer Company. He stated that they do not know ahead of time when crushing will be needed, but usually it is a total of 8 to 10 weeks per year. Bob Pierce, being duly sworn, is with the Planning Commission in the Town of Somerset. There was a split vote at the town level. Believes that Kraemer is a "good outfit ", but asked that the Board take into consideration the most stringent conditions listed by the Town and NPS. Brian Adams, being duly sworn, is the Chief Ranger for the NPS. Their objection is that they feel this quarry is in the wrong place. Timmerman asked to elaborate on the impacts to the river, and Adams stated that they are concerned about the noise from the quarry. The following people were sworn in and stated their objections: Olga Larson, Judy Langford, Craig Bursch, Brian Bursch, Larry Wolf. They stated their objections as too much noise, disturbance to the serene area, dust, traffic, and visual impact. Craig Bursch entered the following exhibits: Exhibit 11: Letter of objection from Bursch Exhibit 12: Photo of St. Croix River Exhibit 13: Videotape The Board will view the site. Krueger joined the Board for the remainder of the articles. Article Four: Simons/ Mathy Construction Eslinger explained that this is for a special exception permit to operate a temporary asphalt plant in the Ag/Residential District. Eslinger went over the staff report. The maximum length of operation allowed for these plants is 120 days. A permit was granted at this site last year and was for the same request. The temporary asphalt plant would be located in a non - metallic mining site operated by Mathy, and will be used for the State Highway project from 128 to Highway 29. Eslinger told the Board that the Town of Springfield has recommended approval. There have not been any complaints about this site. The hours of operation are 5:00 a.m. to 10:00 p.m., Monday through Saturday. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Application for special exception with narrative. Exhibit 3: Zoning Map Neil Bakke, being duly sworn, is representing Mathy Construction (Monarch Paving). They plan to be at this site less than 120 days. The asphalt will be supplied for the highway project, and for projects for St. Croix County Highway Dept. A discussion was held on hours of operation. Bakke told the Board that the reason for the long hours is to allow for start up time and any truck repairs. The trucks do not run the entire time, only during daylight hours. There was no opposition to the request. The Board will view the site. Article Six: TMI Properties Eslinger told the Board that this request is for a special exception use permit for a light and heavy transmission repair business in an existing building on property zoned commercial. The name of the business is Commercial Transmission, Inc. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Special exception application Exhibit 3: Photos Exhibit 4: Zoning Map Eslinger explained that this site is already established as a commercial use. The site is currently vacant and the request is for Commercial Transmission, Inc. to relocate their business from Stillwater, Minnesota to this site, located along the I -94/ Highway 64 corridor. The septic system, fencing and parking are already established. The DOT has approved the access onto Highway 65. The Town of Warren has not responded to the county. Keith Brown, being duly sworn, is the owner of the business. He will be working on heavy -duty truck, school buses, etc. Would like a lighted sign on the building, approximately 45 square feet in size. He has no objections to the conditions in the staff report. The fenced in area is for trucks waiting for maintenance. The plan is for approximately 6 to 8 employees. There was no opposition to the request. The Board will view the site. Article Seven: Henry J. Lentz Family Trust/ Park Place Storage Condominiums, Inc. Eslinger went over the staff report, explaining that this request is for a special exception permit to construct nine commercial oversized storage buildings (condominiums), and each unit would be sold separately. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application materials Exhibit 3: Photos 10 Exhibit 4: Land and Water Conservation Dept. comments dated June 17, 2002 Exhibit 5: Zoning Map This property is an existing commercial site. The applicant has been working with an architectural firm on storm water and erosion control plans for this project. The Land and Water Conservation Dept. has some concerns, listed in exhibit 4. Eslinger went over the staff concerns, listed in the staff report. One major concern is that Building "C" on the plans, extends over the lot line into the next property. Paul Jorgensen, being duly sworn, is the owner of Park Place Storage Condominiums, Inc. He explained that these "storage condos" are purchased by buyers, and used for storing large recreational equipment. The association owns the common ground around the buildings. He addressed the issue of Building "C ", stating that it will be broken into two buildings, rather than one, to meet the setback requirements. He went on to explain that this business has proven to be very positive, and he has had very good owners in the past. The condos range in price from $30,000 to $100,000 per unit. Hazardous material language is addressed in the by -laws. They are open to any screening ideas the Board has. There will not be an RV dump station on the site, and no septic on the site. They will be putting in a well. They will be working with the Town on landscaping design, and there will be no outside storage on site. Pete Kling, LWCD, has spoken to the engineer for the project and has asked that an erosion control plan be sent to him for his review. Paul Zisla, being duly sworn, is the attorney for Jorgensen, and stated that the language for this condo business will be forwarded to Corporation Counsel for their review. Bernice Lentz, being duly sworn, is the wife of Henry Lentz. The property to the east is owned by their son, and he farms that property. They support this request for the commercial use, and feel it is a very low impact use, and the roads are more than adequate to handle the traffic. The Board will view the site. Article Eight: Tim Olson Eslinger went over the staff report, explaining that this request is for a contractor's storage yard in the Ag /Residential District. The applicant is asking to operate "Robert's Mechanical Services ", a heating and air conditioning business, from his property. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application for special exception with narrative Exhibit 3: Photos on the site Exhibit 4: Zoning map Eslinger said that this would merely be a location to store equipment on site. All business is conducted off -site. All storage would be within the buildings. All the driving areas have been paved, and the closest residence is in excess of 500 -feet away. The access is off of 60 Avenue. The Town Board has approved with 4 conditions listed. 11 Tim Olson, being duly sworn, is the owner of the property and the business. He reiterated that the business is done off -site, and the materials stored at this location. There is very limited traffic in and out of this site. There will be a bathroom in one of the buildings, and the septic plans have been submitted to the state. Olson is proposing to build a 36 -foot x 70 -foot building for cold storage and mainly for his personal items. He has no problem with the hours of operation being from 8:00 a.m. to 6:00 p.m. The Board will view the site. The Board recessed to visit the sites at 1:20 p.m. DECISIONS The Board reconvened at 4:10 p.m. to render decisions. Article Two: Karl Neumeier Motion by Speer, second by Peterson to disapprove the applicant's request for a variance to the 100 - foot bluffline setback and the 200 -foot ordinary high water mark setback requirements of the Lower St. Croix Riverway District. However, the Board, if allowed, would grant the variance based on the following findings: 1. The property is located in the "Federal Zone" of the St. Croix Riverway District. This property is subject to scenic easements, which are administered by the National Park Service. The applicant has obtained written approval from the National Park Service, stating that the addition, as proposed, meets all of the conditions set forth in the scenic easement agreement. 2. A building permit was issued. 3. Due to the topography of the lot, there is no alternative site in which to add on to the structure. 4. After an onsite visit of the property conducted by the Board, along with evidence presented at the hearing, the Board concluded that the addition would not make the structure more visually conspicuous from the river, therefore, the non- conformity of the structure would not be increased. 5. The spirit and intent of the ordinance would be met by granting this variance request. The following vote was taken to disapprove based solely on Section 17.36(6)(f)2: Krueger; yes; Rose; yes; Peterson, yes; Golz, no; Chairperson Speer, yes. Motion carried. The Board recessed at 5:10 p.m. and will reconvene tomorrow, August 23, 2002 at 8:30 a.m., to continue with decisions. The Board reconvened at 8:35. a.m. Stan Krueger was absent and excused. Article Three: Rivard Quarry/ The Kraemer Company Motion by Rose, second by Golz to table the request for a Special Exception permit to operate a nonmetallic mining operation on property owned by Lowell and Virginia Rivard Family Trust. 12 Pursuant to section 17.70 (7) (e), the Board requests that additional information be submitted for its review regarding the following items: 1. The Board is concerned with the location and size of the project being adjacent to the Lower St. Croix Riverway District. Due to the operation's critical location, can you provide any information, which would prevent the Board from requesting that the proposed project be scaled back? 2. The Board requested that the applicant consolidate all the information that addresses the concerns raised by the Town of Somerset, LWCD, National Park Service (NPS) and neighbors into the application. Submit a new site plan that incorporates all the changes. 3. Submit information that addresses the Land and Water Conservation Department's concerns identified in a letter dated August 21, 2002 (see enclosure). 4. Submit additional information on the berms that are proposed along the west and north property lines. The information should include details on the height, location, landscaping, cross - section profiles, seeding information, construction timeline, slopes, erosion practices and tree plantings on the berms. If the berm locations have changed, please explain why and where they are being re- located to. 5. Clarify whether a wash plant will be located at this site. 6. Provide documentation that addresses the noise factors in relation to the St. Croix River and the adjacent properties. Explain in detail how the baseline testing will be conducted. Identify the OSHA decibel threshold standard for nonmetallic mining activities. 7. Describe methods /practices /ways that can be incorporated to baffle /minimize the noise coming from the operation. The following vote was taken to table the request: Golz, yes; Peterson, yes; Rose, yes; Chairperson Speer, yes. Motion carried. Chairperson Speer was excused from the meeting at this time. Vice Chair Peterson took over the meeting. Article Four: Simons/ Mathy Construction Motion by Golz, second by Peterson to approve the request for a temporary asphalt plant, based on the following findings: 1. The Town of Springfield has recommended approval of the request. 2. There was no opposition. 3. The request meets the ordinance requirements for a temporary asphalt plant. 4. There have been no complaints on this temporary asphalt plant in the past. 5. The granting of this request provides for a public need for residents of St. Croix County. 6. There are no residents in the immediate area. 7. The property is naturally screened from adjacent properties by existing vegetation and quarry faces. With the following conditions: 1. Applicant is to notify the Zoning Department in writing (within 30 days of the public hearing) to confirm the date the hot mix plant will begin its operation. The plant shall not exceed 120 days in operations from day the plant begins 13 operation. Permit includes operation of hot mix plant and hauling material on and off the site. 2. Applicant shall follow all state and federal operating guidelines, including keeping daily inspection logs. 3. Applicant is responsible to clean up any spillage of asphalt product on all haul roads. 4. Applicant shall submit the erosion control plan that is recommended by the St. Croix County USDA Soil Conservation Service office prior to set up of the temporary asphalt plant. 5. Applicant must access the site from County Highway W. 6. Applicant must notify the zoning office upon completion of the project. 7. Applicant is responsible for on -site dust abatement during the duration of the permit. 8. This permit includes temporary equipment placement related to the operation of the asphalt plant. 9. The operator shall provide at least two onsite sanitary satellites for the onsite employees. The sanitary satellites shall be serviced and cleaned once a week by a licensed septage hauler. 10. The property shall be kept in a neat and orderly manner. 11. The entrance of the facility must have a locking steel pole type construction (cattle) gate. The applicant shall submit a gate plan for zoning review and approval before the temporary hot mix plant maybe placed onsite. Gate must be locked during non - operating hours. 12. Hours of operation shall not exceed 5:00 a.m. — 10:00 p.m., Monday — Saturday. 13. Applicant must contact Jack Colvard, Emergency Government Director at (715) 386 -4719, if a spill occurs at the site. 14. Mathy Construction shall reclaim the site to the conditions that existed prior to the placement of the temporary asphalt plant and related equipment. 15. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. 16. Any change in the original request of the project shall require review and approval by the zoning administrator and in some circumstances through the Special Exception approval process, where applicable, as stated in the ordinance. 17. 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. The following vote was taken to approve: Rose, yes; Golz, yes; Peterson, yes; Motion carried. Article Six: TMI Properties, Inc./ Keith Brown Motion by Rose, second by Golz to approve the request for a permit to operate a transmission repair business in the Commercial District based on the following findings: 1. The proposed business serves a public need. 2. There were no objections to the request. 3. The business is a compatible use for the area. 4. The business will make use of an existing commercial building. 14 The applicant has obtained the necessary permits for the project. With the following conditions: 1. This permit is for Commercial Transmission Inc. to operate a light and heavy transmission repair business at this property. 2. Applicant to maintain a minimum of 1 paved parking space for each 200 -sq. ft. of ground floor area plus at least one additional parking space for each 500 square feet of upper floor area. 3. Applicant to maintain proper state licensing to operate the business. 4. Applicant to obtain approval from the Town of Warren, and submit the approval in writing to the zoning department, before this permit is valid. 5. The property shall be kept in a neat and orderly manner. 6. The applicant shall submit a landscape- screening plan to the Zoning Director for his approval before this permit is valid. The plan shall include 3 to 4 foot evergreens every 20 feet along the I -94 corridor and groupings of evergreens along the property facing Star Lane prior to the occupancy of building. 7. 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 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 Sign Ordinance. 8. This approval does not include storage of hazardous materials onsite. 9. All outside storage must be located inside the existing fenced area. 10. 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.] 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. The applicant shall have the zoning administrator review this special exception permit in two years from the approval date for compliance with this approval (August 2004). 13. 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. 14. 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 commences, the applicant will be required to secure a new special exception permit before starting or completing the project. 15. 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. 16. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. 15 The following vote was taken to approve: Peterson, yes; Golz, yes, Rose, yes; Krueger, yes; Chairperson Speer, yes. Motion carried. Article Seven: Henry J. Lentz Family Trust/ Park Place Storage Condominiums Motion by Rose, second by Golz to approve the applicant's request for a special exception permit to construct over -sized storage buildings on a commercial site based on the following findings: 1. The Town of St. Joseph has recommended approval of the project. 2. There were no objections to the request. 3. The business is a compatible use for the area, and would be a nice addition to the commercial district. 4. The storage facilities would serve a public need for this area. With the following conditions: 1. This permit allows Park Place Storage Condominiums to construct ten over sized storage units. 1. 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. 2. 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. 3. The applicant must secure a township building permit before commencing construction. 4. Outdoor storage is not permitted. 5. Renting moving vans or trucks from the site is not permitted. 6. No retailing or operating a business from a storage unit is allowed onsite. 7. The applicant shall provide a hard surface (asphalt /concrete) on all interior driving areas and around the perimeter of each structure upon its completion. 8. 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.] 9. The property shall be kept in a neat and orderly manner. 10. The applicant is to work with the staff to scale back on the number of proposed trees to be planted, and to look at using a mix of trees, rather than the trees proposed at the hearing. 11. The applicant shall submit a revised plan for the site to include a revision to Building "C" showing that the building will be split into two smaller buildings, in order to meet the lot line setback requirements. The revised plans are to also include the changes to the landscaping plans as indicated in Condition #11, as well as the removal of the restrooms and R.V. Station that were currently shown on the plans submitted. 12. 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 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 16 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. A final approval from the Land and Water Conservation Department is necessary before any construction may begin on this project. 16. The applicant is to work with the Town of St. Joseph on any outstanding issues not addressed in this Decision. Issues raised by the Town may not be in conflict with the approval given by the Board. 17. The applicant shall have the zoning administrator review this special exception permit in two years from the approval date for compliance with this approval (August 2004). 18. 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. 19. The applicant shall have one (1) year from the issuance of the special exception permit to commence the construction activities. 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 the project. 20. 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. 21. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. The following vote was taken to approve: Peterson, yes; Golz yes; Rose, yes. Motion carried. Article Eight: Timothy Olson Motion by Rose, second by Golz to approve the applicant's request for a special exception permit for a Contractor's Storage Yard in an Ag/Residential District and has been approved based on the following findings: 1. The Town of Warren has recommended approval of the project. 2. There were no objections to the request. 3. The site will be adequately screened from surrounding properties. 4. A contractor's storage yard is a permitted use in the Ag/Residential District with the issuance of a special exception permit by the Board. With the following conditions: 1. This permit allows "Roberts Mechanical Services" to maintain a contractor storage yard to store equipment and supplies related to the business and to have an office onsite. The approval of the Board is based on plans as submitted. 2. Deliveries shall be limited to the hours of 8 a.m. to 6 p.m.. 17 3. The contractor storage yard must be screened. The applicant is to work with the zoning staff on a screening plan that would include a scattering, or groupings, of 4 -foot to 6 -foot coniferous trees on the NE side of the proposed shed. 4. Applicant must secure a town building permit prior to commencing construction. 5. 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. 6. No onsite retail sales are allowed. 7. 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) 8. No hazardous materials to be stored inside the facilities. 9. 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. 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 (August 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 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. 13. These conditions may be amended or additional conditions may be added if unanticipated conditions arise, that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a hearing. 14. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. The following vote was taken to approve: Rose, yes; Golz, yes; Peterson, yes. Motion carried. Fisher handed out a copy of the Zoning Budget for the Board's review. Short discussion held. Motion by Golz, second by Rose to accept budget as proposed. Motion carried. Motion by Rose, second by Golz to adjourn the meeting at 10:27 a.m. pect lly submitted: i and PetersonSecretary Debbie Zimmerm nn, ecording Secretary 18