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HomeMy WebLinkAboutBoard of Adjustment 12-22-11ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, December 22, 2011 8:30 a. m. Government Center, Hudson, Wisconsin- County Board Room AMENDED AGENDA A. CALL TO ORDER/ ROLL CALL B. OPEN MEETING LAW STATEMENT C. ACTION ON PREVIOUS MINUTES D. DATE OF NEXT MEETING: January 26, 2012 E. UNFINISHED BUSINESS, 1. Discussion of date for February meeting. 2. Request for Reconsideration for Megan Duley, Special Exception Contractors Storage Yard* F. PUBLIC HEARINGS 1. Special Exception permit to operate a retail fireworks store >2500 sq. ft. for Rasland LLC at 565 Cty. Rd. T, Town of Rush River 2. Special Exception for a contractor's storage yard for Keith Tollefson at 451 Cty. Rd. BB, Town of Eau Galle 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: December 5, 2011 AMENDED DATE: December 20, 2011 COPIES TO: County Board Office County Clerk Board 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, December 22, 2011, at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following requests under the St. Croix County Zoning Ordinance. The Board will view the site in question, after which the Board will deliberate and vote on the request. SPECIAL EXCEPTION 1. APPLICANT: Rasland, LLC LOCATION: SW 1 /4 of the NW 1 /4 of Section 3, T28N, R17W, Town of Rush River ADDRESS: 565 County Road T REQUEST(S): Special exception permit to operate a retail fireworks store >2500 sq. ft. in the Commerical District pursuant to Section 17.18(12) & 17.18(9)(z) of the St. Croix County Zoning Ordinance. SPECIAL EXCEPTION 2. APPLICANT: Keith Tollefson LOCATION: NE U4 of the SW U4, Section 10, T28N, R16W, Town of Eau Galle ADDRESS: 451 County Road BB REQUEST(S): Special exception permit for a contractor's storage yard in the Ag- Residential District pursuant to Section 17.15 (6) (d) of the St. Croix County Zoning Ordinance. All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the St. Croix County Planning and Zoning Department, Hudson, Wisconsin at (715) 386 -4680. Clarence W. Malick, Chairperson St. Croix County Board of Adjustment BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES December 22, 2011 CALL TO ORDER: The meeting was called to order by Chairperson, Clarence (Buck) Malick at 8:30 a.m. ROLL CALL — Members Present: Joe Hurtgen, David Peterson, Sue Nelson and Jerry McAllister STAFF PRESENT: Pete Kling, Director; 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, January 26, 2012, at 8:30 a.m. in the County Board Room of the Government Center in Hudson. UNFINISHED BUSINESS: The February 2012 Board of Adjustment meeting will be on March 1, 2012 at 8:30 a.m. in the County Board Room. Megan Duley request for reconsideration: Malick described the grounds that would permit reconsideration. Megan Duley signed an oath and spoke in favor of the request. Duley has requested reconsideration based on the specific items 10 -13 of the conditions. Duley made reference to a letter she wrote discussing these items. Duley does not feel that these items were discussed in the hearing. The Duleys' currently have a 1500 gallon storage tank in their garage that they use for their business. Duley also feels the timeline specified in the conditions is not in a cost efficient logistic manner. Malick clarified the intention of the Board when determining the conditions. McAllister requested any future documentation be legible so the Board can read it. PUBLIC HEARING Application #1 Special Exception Permit and Variance for the Rasland request to operate a retail consumer fireworks business in the Commercial District: Quinn distributed Exhibit #6 to the Board Members. Quinn explained the new exhibit was a request for extended hours of operations, which will be discussed as part of the presentation. Quinn then presented the application and staff report. McAllister questioned if the nature of business changes, would they need to come before the Board. Quinn stated that this is true of commercial property. Grabau added within the last couple years we have amended the Commercial and Industrial Zoning districts, everything needs to come before the Board of Adjustment for any use on Commercial and Industrial. There are some businesses permitted that do not need to come to us, but for the most part all changes need to come before the Board. Cele Rasmussen signed an oath and spoke in favor of the request. Rasmussen did not realize that he needed to come before the Board; he has been working with the township and the state. He has done remodeling, including new electrical and sprinkler system to satisfy the state. So this building has been brought up to state standards. Malick inquired if the State of Wisconsin has such strict restrictions on the discharging of fireworks in general, and what can Rasmussen do to stop patrons from discharging the fireworks on the property. Rassmussen stated, when a customer purchases fireworks, they issue a permit which state the fireworks are not to be used on his property. Malick asked that we have a copy of the permit for our files. Rasmussen will provide this for the file. Nelson asked if they intend to continue their operation in Baldwin. Rasmussen stated that the Baldwin business will continue operate in addition to this one. Don Schumacher signed an oath and spoke in favor. Schumacher, Town of Rush River Chairman, feels this business is good for the Town of Rush River. The Town not only receives taxes from the business, but also receives money from the permits. The building has been remodeled and looks good. It has also been a source of employment as well. Malick asked if the Town can enforce any illegal use of fireworks discharged close to the building where there is a large supply of fireworks stored. Schumacher feels they are addressing this with the permits issued. There were no other comments made in favor or in opposition. Application #2 Special Exception Permit for Keith Tollefson for a Contractor's Storage Yard: Blackburn presented the application and staff report. Malick asked if three trucks could be parked in this garage. Blackburn felt that if Tollefson does have three trucks, they can all be stored in the garage. McAllister questioned whether it was a condition that the driveway be upgraded to a commercial designated driveway. Alex confirmed that this is one of the conditions. McAllister questioned where the cars will be stored when they are towed. Blackburn explained that this is a satellite facility for Jerry's Towing. The cars will be brought to this site and then taken out to a salvage yard the next day. Cars will not be stored here longer than overnight or when the salvage yard is open. Blackburn also explained that sometimes they need to hold the cars for a mandatory time, as an example, the car may be evidence in a legal matter. In this case the cars will be brought to an offsite facility for storage owned by Jerry's Towing. Malick questioned whether or not the owners of the cars would be coming to this site to pick up their car. Blackburn suggested that sometimes this could happen. Dave Wilkens signed and oath and spoke in favor of the request. Wilkens is the owner of the fifty year old business. Wilkens explained that he needs an operation within certain zones to assure timely response to each emergency call they receive. Wilkens assured Board members that they have no intention of storing cars at this site. The only time they need to store the cars here would be if they did not have a conversation with the owner of the car. In that case, they need to keep the car in the zone because they have not received prior consent to bring it to another zone. This does not happen often. Malick questioned why the cars could not be brought directly to the Baldwin site. They bring the car to the nearest site; if Baldwin is closest they would go there. The Tollefson site is just a temporary site; there would be no storage at the Tollefson site. Malick asked about spills. Wilkens replied by saying the spills are usually all at the breakdown site;by the time they get the cars off the freeway most of the spills have already occurred. Nelson asked if Tollefson is on call 24 hours a day. Wilkens explained that he is on call only when they 2 need him. Keith Tollefson signed an oath and spoke in favor of request. Tollefson is the owner of the property and has owned the property for sixteen years. Tollefson has already upgraded his driveway to a commercial designated driveway. He has discussed this with his neighbors and they are very supportive. If there is a spill, he is committed to cleaning it with absorbents right away. He resides at this address and will keep it clean. DECISIONS After reviewing the material in the record, the Board rendered the following decisions: Reconsideration of Megan Duleys Special Exception Permit to operate a Contractor's Storage yard: Motion by Peterson, 2nd by Hurtgen to reconsider. Motion carried unanimously. Application #1 - Special Exception Permit & Variance, for Rasland request to operate a retail consumer fireworks business in the Commercial District: Motion by Hurtgen, 2nd by Nelson to approve with 10 findings and 12 conditions. Motion carried unanimously. (Specifics on file in Zoning Office) Application #2 — Special Exception Permit for Keith Tollefson for a Contractor's Storage Yard: Motion by McAllister, 2nd by Peterson to approve with 10 findings and 11 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 22, 2011