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HomeMy WebLinkAboutBoard of Adjustment 12-01-11ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, December 1, 2011 8:30 a. m. Government Center, Hudson, Wisconsin- County Board Room AGENDA A. CALL TO ORDER/ ROLL CALL B. OPEN MEETING LAW STATEMENT C. ACTION ON PREVIOUS MINUTES D. DATE OF NEXT MEETING: December 22, 2011 E. UNFINISHED BUSINESS F. PUBLIC HEARINGS 1. Special Exception Permit to operate a Contractor's Storage yard. Megan Duley, 1627 50 Street, Town of Somerset 2. Special Exception Permit & Variance, Tamrah & Stephen O'Neil, 284 Bruglar Ct, Town of Troy Item #1: Structural erosion control in the Lower St. Croix Riverway Item #2: Addendum for a variance for reconstruction of a nonconforming accessory structure in the Lower St. Croix Riverway G NEW BUSINESS H. ANNOUNCEMENTS AND CORRESPONDENCE L ADJOURNMENT (Agenda not necessarily presented in this order.) SUBMITTED BY: St. Croix County Planning and Zoning Department DATE: November 10, 2011 COPIES TO: County Board Office County Clerk Board Members News Media/Notice Board * CANCELLATIONS /CHANGES /ADDITIONS BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES December 1, 2011 CALL TO ORDER: The meeting was called to order by Chairperson, Clarence (Buck) Malick at 8:35 a.m. ROLL CALL — Members Present: Joe Hurtgen, David Peterson, Sue Nelson & Jerry McAllister STAFF PRESENT: Kevin Grabau, Code Administrator; Alex Blackburn, Zoning Specialist; Pam Quinn, Zoning Specialist; and Bonita Clum, Recorder. Staff confirmed to the Board that this was a properly noticed meeting. DATE OF NEXT MEETING: The next meeting for the Board is scheduled for Thursday, December 22, 2011, at 8:30 a.m. in the County Board Room of the Government Center in Hudson. UNFINISHED BUSINESS: None PUBLIC HEARING Malick requested that the O'Neil application be heard first. Application #2 - Special Exception Permit & Variance, Tamrah and Stephen O'Neil Item 1: Requesting a Structural Erosion Control in the Lower St Croix Riverway. Item 2: Addendum for a variance for reconstruction of a nonconforming accessory structure in the lower St Croix Riverway. Pam Quinn presented the application and staff report. Stephen West, agent for the property owner, signed an oath and spoke in favor of the request. The property owners are not requesting a larger deck. The original plan was for repair; however the old deck was not in compliance and needed to be destroyed. They are now requesting a replacement. The square footage of the proposed deck is the same as the previous deck. Malick asked the agent to confirm that the square footage of the proposed deck is the same as the previous deck, which is 970 square feet, and the footprint is not changing. West confirmed this. The new deck will be built with quality materials, and since the wood would not be in contact with the soil, the wood life expectancy would be greater than a treated wood deck that is in contact with the soil. Second part of the request is to construct retaining walls to stabilize the soil preventing erosion around the home. The retaining walls will be built with quality materials that will blend in with the environment, and great vendors will be used to assure the items will be completed properly. Mark Erickson, contractor for the property owner, signed an oath and spoke in favor of the request. He does not understand why a reconstruction of the deck would be considered a nonconforming accessory structure. He has been in the construction business for over 20 years and he feels that since the deck is attached to the house, it is conforming. He feels that this places, unfairly, a burden on the clients, who just would like to use the property the same as it has been since the 1950s when it was built. This deck will be built with natural cedar treated wood and will blend with the surrounding landscape very well. McAllister questioned why they are reconstructing the deck. Erickson says they had planned on a maintenance provision, but the deck was rotted and out of compliance and needed to be removed. Once they removed the deck, they discovered they had crossed the line and ended up needing to request a special exception to reconstruct a deck. Malick stated that they would take a look at the property this afternoon and make a decision. Application #1 - Special Exception Permit to operate a Contractor's Storage yard. Megan Duley Alex Blackburn presented the application and staff report. Nelson questioned why Blackburn is suggesting removing a driveway. Blackburn explained that we are only allowed one driveway per residence under general zoning rules. McAllister verified that the trucks are taken off site for filling and this request is simply to store trucks overnight and off season, when not in use. Peterson questioned why they are not using a floor. Blackburn is not quite sure if cement flooring is the best way to go. He is recommending spill kits to pickup any spills. Megan Duley, property owner, signed an oath and spoke in favor. Asphalt coating is their business. They do not do any work at their residence. Their business is in this area and their employees are all from St Croix County. Their business is seasonal and off season parking is off site. Their asphalt coating is water based. Neighbors are ok with plans. Malick asked what impediments other than cost are there to putting down a concrete floor. Their concerns are financial; they also feel there is not a benefit to putting down concrete. If there was a spill on concrete it would spill off into the soil anyway. They feel having a spill kit on hand is a better idea. Based on previous cases, we have requested that screening is in place to shield the building from the neighbors. The property owner is not opposed to planting additional trees. Malick pointed out that in prior cases we have requested that there be a shield at least from the front of the property. McAllister asked if they would prefer to come back in a year to review how things are going, or if they would like a two year limitation. Duley stated that it would help with their business plan if they knew what the requirements are. Malick asked if their intention was to do the snowplowing in the winter with the two trucks. Duley agreed; at this point they only have one truck and eight driveways. Nick Duley, property owner, signed an oath and spoke in favor. Duley mentioned that they currently have one full time employee and their intention is to snow plow in the winter and seal coat in the summer. Malick asked if their business is up on the plateau for equipment acquisition with one asphalt trailer, three seal coat trailers, and two pickup trucks for snow plowing. Nick confirmed that is what they would need in the foreseeable two to four years. Malick stated that they would take a look at the property this afternoon and make a decision. DECISIONS After reviewing the material in the record, the Board rendered the following decisions: 2 Application #2 - Special Exception Permit & Variance, Tamrah and Stephen O'Neil. Item 1: Requesting a Structural Erosion Control in the Lower St Croix Riverway. Item 2: Addendum for a variance for reconstruction of a nonconforming accessory structure in the lower St Croix Riverway. Motion by Hurtgen, 2nd by Nelson to approve with 13 findings and 10 conditions. Motion carried unanimously. (Specifics on file in Zoning Office) Application #1 - Special Exception Permit to operate a Contractor's Storage yard. Megan Duley. Motion by Hurtgen, 2nd by Peterson to approve with 9 findings and 17 conditions. Motion carried unanimously. (Specifics on file in Zoning Office) Chair Malick adjourned the meeting at 11:45 a.m. Respectfully submitted, Sue Nelson, Secretary Bonita Clum, Recording Secretary December 1, 2011