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HomeMy WebLinkAboutBoard of Adjustment 05-24-01 X f r II AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Thomas Dorsey, Chairman St. Croix County Board FROM: Julie Speer, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, May 24, 2001 TIME: 8:30 a.m. LOCATION: Government Center, Hudson, Wisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PRE IOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUS~NESS: OTHER BUSINES : Update on Temporary Occupancy for Dennis Handrahan,Town of Springfield OLD BUSINESS: NEW BUSINESS: See Attachment* ANNOUNCEMENIS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT: (agenda not necesysarily presented in this order) SUBMITTED BY: St. Croix County Zoning Office DATE: May 16, 2001 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *CANCELLATIONI /CHANGES/ADDITIONS PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, May 24 2001, 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 Major Home Occupation in the Ag/Residential District pursuant to Section 17.15(6)(s), and subject to the provisions of 17.155(6). The request is to conduct a home based business creating graphically oriented tile and glass murals. APELLANT: Terrance L. Gallentine LOCATION: Located in the SE '/4 of the NW '/4 , Section 24,T28N-R18W, Town of Kinnickinnic ADDRESS; 1436 Oak Drive, River Falls, Wisconsin 2. ARTICLE: Special Exception request for an institutional use in the Ag/Residential District pursuant to Section 17.15(6)(u). The request is to construct a church on the site. APPELLANT: Owner: Bruce Emerson/ Agent: New Richmond Congregation of Jehovah's Witnesses, Einar Opdahl LOCATION: Located in the NW '/4 of the NW 1/4 of Section 24, T31 N-R1 8W, Town of Star Prairie ADDRESS: Off of 210`h Avenue, New Richmond, Wisconsin 3. ARTICLE: Special Exception request for an expansion of an existing business in the Commercial District pursuant to Section 17.18(1). The request is to construct an addition onto the existing St. Croix Harley Davidson Co. to expand its repair/service department. APELLANt: Owner: Dell Zehm/ Agent: Kellison Co., Michael Bebault LOCATION: Located in the SE '/4 of the NE '/4, Section 24, T31 N-R1 8W,Town of Star Prairie ADDRESS: 2060 Highway 65N, New Richmond, Wisconsin All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from'the office of the St. Croix County Zoning Director, Hudson, Wisconsin at (715) 386-4680. Julie Speer, Chairperson St. Croix County Board of Adjustment BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES May 24, 2001 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A role call was made. Julie Speer, Dick King, Tom Rose, and Rich Peterson were present. Nick Golz was excused. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, and Deb Zimmermann, Administrative Assistant. Chairperson Speer believes this to be a properly noticed meeting. Motion was made by Peterson, second by King to adopt the agenda. Motion carried. The Board set the next meeting date as June 28, 2001. The starting time will be 8:30 a.m. The meeting will be held at the Government Center. Motion by Kingi, second by Speer to approve minutes from the April 26, 2001 meeting. All in favor. M tion carried. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation C unsel will be available if needed. OTHER BUSINESS Eslinger updated the Board on the temporary occupancy permit extension given to Dennis Handr4han, in the Town of Springfield. Eslinger shared a letter with the Board that was sent to the Handrahans. The staff has found out that the mobile home is still on site because the Handrahan's son died recently, and he was helping them build their home. The home may take a little longer to build, due to this incident. The staff informed the Board that they believe it is important to work with the Handrahans to help them resolve this issue. They will keep the Board up to date. NEW BUSINESS Chairperson peer 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 noticed was published correctly and was read into the record as follows: PUBLIC HEARING NOTICE The St. Croix bounty Board of Adjustment has scheduled a public hearing for Thursday, May 24, 20011, 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 Major Home Occupation in the Ag/Residential District pursuant to Section 17.15(6)(s), and subject to the provisions of 17.155(6). The request is to conduct a home based business creating graphically oriented tile and glass murals. APELLANT: Terrance L. Gallentine LOCATION: Located in the SE'/4 of the NW 1/4 , Section 24,T28N-R18W, Town of Kinnickinnic ADDRESS: 1436 Oak Drive, River Falls, Wisconsin 2. ARTI9LE: Special Exception request for an institutional use in the Ag/Residential District pursuant to Section 17.15(6)(u). The request is to construct a church on the site. APPgLLANT: Owner: Bruce Emerson/ Agent: New Richmond Congregation of Jehovah's Witnesses, Einar Opdahl LOCATION: Located in the NW '/4 of the NW '/4 of Section 24, T31 N-R1 8W, Town of Star Prairie ADDRESS: Off of 210th Avenue, New Richmond, Wisconsin 3. ARTICLE: Special Exception request for an expansion of an existing business in the Commercial District pursuant to Section 17.18(1). The request is to construct an addition onto the existing St. Croix Harley Davidson Co. to expand its repair/service department. APELLANT: Owner: Dell Zehm/ Agent: Kellison Co., Michael Bebault LOCATION: Located in the SE '/4 of the NE '/4, Section 24, T31 N-R1 8W, Town of Star Prairie ADDRESS: 2060 Highway 65N, New Richmond, Wisconsin All interested persons are invited to attend said hearing and be heard. Additional information moy be obtained from the office of the St. Croix County Zoning Director, Hudson, Wisc nsin at (715) 386-4680. Julie Speer, Chairperson St. Croix County Board of Adjustment Article One: Terrance Gallentine Eslinger expl fined this request is for a special exception permit for a major home occupation, and went over the staff report. The applicant is requesting approval to conduct a hotjhe based business creating graphically oriented the and glass murals. The business would be housed in an accessory structure that is about 960 square feet in size, well within the requirements of the ordinance, which allows up to 1,000 square feet. The applicant has i indicated that he may need some part time employees on larger projects, but in most coses, he will be the only person working in the shop. The ordinance allows up to two full time employees. There will be no on-site sales. The Town of Kinnickinnic has recomme ded approval of the request is a letter dated April 20, 2001. At the time of the application, the applicant met the 500-foot setback requirement to adjacent homes. Since his application, a sanitary permit was issued to a nearby residence for a new home. Eslinger asked that this information be stated in the record, as the applicant was within the ordinance requirements at the time of the application, and it is not known where] the owners on the neighboring property will be building their home. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application and narrative, with construction timeline Exhibit 3: Letter from the Town of Kinnickinnic stating approval Exhibit 5: Copy of zoning map. Terry Gallentine, being duly sworn, stated that he agreed with the information presented by Eslinger. He has applied for a sanitary permit for the building. He may have two part- time employees in the future, but will generally be just a one-person operation. The Board %#ill view the site. Article Two]: Bruce Emerson/ New Richmond Congregation of Jehovah's Witnesses Eslinger told the Board that this request is for a special exception permit to allow the applicant tolconstruct a church on the property. The congregation is relocating due to the Wisconsin Department of Transportation purchasing the former church property for the State Highv6y 64-realignment project. 2 The applicants have worked with professional engineers on the plans, the state has approved the septic plans and the building plans are currently being reviewed by the state. Eslinger said that the parking plan exceeds our ordinance requirements. The Town of Star Prairie has recommended approval of the request in a letter dated May 17, 2001. The following Exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Copy of application and attachments Exhibit 3: Town letter stating approval Exhibit 4: Zoning Map Einar Opdahl, being duly sworn, is representing the church. He explained that the church will remain small, as it is the practice of their religion to keep congregations small. The building will be a brick structure, and will be attractive, and have low maintenance. Steve Wickenhauser, being duly sworn, owns a large dairy just to the south of this property. He wants this stated in the record, as there may be an odor from the farm from time to time. The Board will view the site. Article Three: Dell Zehm of St. Croix Harley Davidson/ Kellison Co., Agent Eslinger told the Board that this request is for a special exception to expand an existing business in the commercial district. Eslinger went over the staff report with the Board. The proposed addition would be 75-feet by 120-feet, and will primarily be used for repair and service of Harley Davidson motorcycles. The business will employ 30 full-time employees. The parking space will be increased and paved with asphalt. Box style lighting for the addition will be illuminated downward to eliminate light pollution. The septic system will be increased as well, if expansion is approved. The plans for the project have been designed by a professional engineer with Kellison Company. The Land and Water Conservation Department has verbally approved of the plans. The Town of Star Prairie has recommended approval of the project and stated so in a letter dated April 4, 2001. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application and narrative Exhibit 3: Site plan Exhibit 4: Letter from the Town of Star Prairie stating no objections Exhibit 5: Zoning map Dell Zehm, being duly sworn, is the owner of the property. He agrees with the presentation given by Eslinger. He asked the Board to take a look at the property to the west, and then determine whether or not screening is necessary. Zehm believes that there is a natural separation that is already there. Mike Bebault, being duly sworn, is an engineer with Kellison Company that has worked with Zehm on the project. He submitted a copy of the state approved plans to the Board, and the plans were labeled as Exhibit 6. The Board will visit the site. The Board recessed at 9:05 a.m. to conduct site visits. 3 Decisions The Board reconvened at 11:30 p.m. to render decisions. Article One: Terrance Gallentine A motion was made by Rose, second by King to approve the applicant's request for a special exception for a permit for a major home occupation on his property in the Ag/Residential District based on the following findings: 1. The plans for the project meet were designed to meet the standards set forth in the ordinance. 2. The Town of Kinnickinnic has recommended approval of the request. 3. There were no objections to the request. 4. The spirit and intent of the ordinance will be met. With the following conditions: 1. This approval is for a "major home occupation" to open a "graphically oriented tile and glass murals" business in an accessory building, the total area dedicated to the business is 960 square feet. The total floor area dedicated to the home occupation, including any area used in the dwelling, shall be limited to a maximum of one thousand (1,000) square feet. 2. Hours of operation for the home occupation shall be limited to 8:00 a.m. to 10:00 p.m. 3. All business related products to be stored inside the building. Outside storage of business related material is prohibited. 4. All hazardous material and recyclable material are to be disposed of/ recycled with approved waste/ recyclable handlers. 5. No more than two (2) persons other than a resident of the principal dwelling may be employed or engaged in the business. 6. One (1) sign is allowed with total signage area not to exceed 6 square feet. This sign must be located a minimum of 10 feet from all property lines. Any other signage must be approved by the zoning department and must strictly adhere to the St. Croix County Signage Ordinance. 7. Any proposed lighting is to be illuminated downward, to eliminate light pollution onto neighboring properties. 8. The applicant shall provide the County with a screening plan for the area between the building and the road. The plan shall consist of light screening, such as seedlings. 9. Applicant to maintain a minimum of one (1) parking space for each 300 square feet of business use, plus one parking space for each family for which accommodations are provided on the premises. (Note: For this request, three (3) spaces are required to be maintained for the business). 10. Applicant to maintain proper state tax I.D. number to operate the home business. 11. The applicant shall secure all necessary town approvals, including compliance with any building code issues. 12. The applicant shall have one (1) year from the issuance of the Special Exception permit to act on the Special Exception permit. Failure to commence business operation in this period shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before commencing the business operation. 13. Any minor changes (or additions) in expansion of the project, including the business, signage, lighting, hours of operation, 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 4 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: Peterson, yes; King, yes; Rose, yes; Chairperson Speer, yes. All in favor. Motion carried. Article Two: Bruce Emerson/ Einar Opdahl, Congregation of Jehovah's Witnesses Motion by Peterson, second by Speer to approve request for a special exception permit to construct a church in the Ag/Residential District based on the following findings: 1. The engineered plans for the project were designed to meet the standards set forth in the ordinance. 2. The building plans have been approved. 3. The Town of Star Prairie has recommended approval of the request. 4. The Land and Water Conservation Department approved the stormwater and erosion control plans. 5. There were no objections to the request. 6. The spirit and intent of the ordinance will be met. With the following conditions: 1. This special exception is for the construction of a church and related storm water management and erosion control for the New Richmond Congregation of Jehovah's Witnesses. 2. Any proposed lighting is to be illuminated downward to eliminate light pollution onto neighboring properties. 3. The applicant must provide the Zoning Office with an as-built that is signed and sealed by a professional registered engineer, verifying that the storm water management pond was constructed as designed and approved by the St. Croix County Land and Water Conservation Department. 4. The storm water management pond must be constructed, seeded, and mulched per approved plan by July 15, 2001. 5. 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. 6. The applicant shall provide a hard surface (asphalt/concrete) on all interior- driving areas within six months of the completion of the church. 7. One (1) sign is allowed with total signage area not to exceed 40 square feet. This sign must be located a minimum of 10 feet 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. Applicant to maintain a minimum of one parking space for each seven seats. (Note: For this request, 20 spaces are required to be maintained for the business). 9. The applicant shall provide the Zoning Office with a landscaping/screening plan for the area along the south and east lot lines up to the road setback. The plant materials should consist of trees and shrubbery. 10. The applicant shall allow free and unlimited access to the project site at any reasonable time to any Zoning Office employee, who is overseeing the project construction, operation, or maintenance. 11. The applicant shall secure all necessary town approvals, including compliance with any building code issues. 12. The Zoning Office is to be notified at the start and the finish of the project. 13. The applicant shall have one (1) year from the issuance of the Special Exception permit to act on the Special Exception permit. Failure to commence business operation in this period shall result in the expiration of this Special Exception 5 permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before commencing the business operation. 14. Any minor changes (or additions) in expansion of the project, including the facility plan, signage, lighting, grading, and parking, 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. 15. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. The following vote was taken to approve: Rose, yes; King, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Article Three: Dell Zehm, St. Croix Harley Davidson/ Kellison Co., agent Motion by Rose, second by King to approve the request for a permit to expand their existing business in the Commercial District based on the following findings: 1. The plans for the project were designed by a professional engineer. 2. The request complies with the standards of the ordinance. 3. The plans have been approved by the Land and Water Conservation Department. 4. The Town of Star Prairie has recommended approval of the request. 5. There have been no complaints in the past on this business. 7. There were no objections to the request. 8. The spirit and intent of the ordinance will be met. With the following conditions: 1. This special exception allows St. Croix Harley Davidson to expand its current facility to include a repair and service department. 2. The applicant shall continue to comply with the terms of the previous special exception decision dated June 16, 1997. 3. The applicant shall provide the County with a screening plan for the west property line, to include staggered pine seedlings, if such a plan is allowed due to the proximity to the airport. Planting/screening plans to be approved by the County and planted within one year of this Decision. Applicant is to speak with airport officials to find out the regulations regarding this issue, and notify the Zoning Office if there is a problem. 4. Outdoor storage is not permitted. 5. Any proposed lighting is to be illuminated downward to eliminate light pollution onto neighboring properties. 6. The applicant must provide the Zoning Office with an as-built that is signed and sealed by a professional registered engineer, verifying that the storm water management pond was constructed as designed and approved by the St. Croix County Land and Water Conservation Department. 7. The storm water management pond must be constructed, seeded, and mulched per approved plan by July 15, 2001. 8. 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. 9. The applicant shall provide a hard surface (asphalt/concrete) on all interior- driving areas within six months of the completion of the project. 10. One (1) sign is allowed with total signage area not to exceed 100 square feet. This sign must be located a minimum of 10 feet from all property lines. Any other 6 • signage must be approved by the Zoning Department and must strictly adhere to the St. Croix County Signage Ordinance. 11. Applicant to maintain a minimum of one parking space for each two employees and one parking space for each 200 square feet of retail ground floor area plus at least one additional parking space for each 500 square feet of upper floor area. (Note: 37 parking stalls are required by ordinance and the applicant will have 85 parking stalls when the project is completed.) 12. The applicant shall allow free and unlimited access to the project site at any reasonable time to any Zoning Office employee who is overseeing the project construction, operation, or maintenance. 13. The applicant shall secure all necessary town approvals, including compliance with any building code issues. 14. The Zoning Office is to be notified at the start and the finish of the project. 15. The applicant shall have one (1) year from the issuance of the Special Exception permit to act on the Special Exception permit. Failure to commence business operation in this period shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before commencing the business operation. 16. Any minor changes (or additions) in expansion of the project, including the facility plan, signage, lighting, grading, and parking, 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. 17. 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; King, yes; Rose, yes; Chairperson Speer, yes. Motion carried. Motion by Peterson, second by King to adjourn at 11:35 a.m. Motion carried. Respectfully submitted: A Rich Peterson, Secretary Deb ie Zimmer 7ecording Secretary 7