HomeMy WebLinkAboutBoard of Adjustment 04-26-01 X
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, April 26, 2001
TIME: 8:30 a.m.
LOCATION: Government Center, Hudson, Wisconsin
CALL TO ORDER01
ROLL CALL:
ADOPTION OF AGENDA:
ACTION ON PRE IOUS MINUTES:
DATE OF NEXT MEETING:
UNFINISHED BUSINESS:
OTHER BUSINES : Review of Board of Adjustment Permit #20-91 for Anderson Excavating,
Inc., Town of Eau Oalle, to discuss redefining permit boundaries of the original permit.
OLD BUSINESS:
NEW BUSINESS: See Attachment *
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: April 19, 2001
COPIES TO: County Board Office County Clerk
Committee Members News Media/Notice Board
*CANCELLATION$/CHANGES/ADDITIONS
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, April 26, 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 an expansion of an existing mini-storage facility in the
Commercial District pursuant to Section 17.18(1). The request is to construct two
additional mini-storage units on an existing commercial site.
APPELLANT: Kenneth A. and Barbara J. Zak
LOCATION: Located in Government Lot 4 of Section 22, T30N-R20W,Town of St. Joseph
ADDRESS: 1418 Main Street, Houlton, Wisconsin
2. ARTICLE: Special Exception request for a use in the Commercial District pursuant to Section
17.18(1). The request is to establish a commercial business by the name of "Custom
Rigging". Business includes refurbishing wooden boats.
APELLANT: Henry Lentz, Owner/ Stan Berry, Agent
LOCATION: Located in the NE'/4 of the SE 1/4 , Section 22,T30N-R20W, Town of St. Joseph
ADDRESS: Off of 7th Street, Houlton, Wisconsin
3. ARTICLE: Variance request of 41-feet from a Class D Highway setback and 23-feet from a Class
E Highway setback pursuant to Section 17.64(1)(d)2 and Section 17.64(1)(e)2.
Variance is to expand the existing garage.
APELLANT: Tim Riemenschneider
LOCATION: Located in part of Government Lot 4, Section 23, T30N-R1 9W, Town of St. Joseph
ADDRESS: 775-150th Avenue, New Richmond, Wisconsin
4. ARTICLE: special Exception request for a permit for filling and grading on slopes greater than
~0% pursuant to Section 17.29(2)(c)1 and Section 17.15(6)(t). The request is to
construct a residence with a walkout basement on a vacant lot in the Shoreland area of
Cedar Creek.
APPELLANT: Kurt and Diane Foley
LOCATION: The SW'/4 of the SE 114, Section 2, T31 N-R1 8W, Town of Star Prairie.
ADDRESS: 2304 Huntington Drive, Star Prairie, Wisconsin
All interested persons ale 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
B9ARD OF ADJUSTMENTS MEETING AND HEARING MINUTES
April 26, 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 $peer, Dick King, Nick Golz, and Rich Peterson were present. Tom Rose
was excused.i 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 mjade by King, second by Golz to adopt the agenda. Motion carried.
The Board set the next meeting date as May 24, 2001. The starting time will be 8:30
a.m. The muting will be held at the Government Center.
Motion by Peterson, second by Golz to approve minutes from the March 22, 2001
meeting with one change on page 8. All in favor. Motion carried.
Fisher handed out information on a meeting to be held on May 1, 2001 at the Land and
Water Conservation Department meeting to be held at the Ag Center in Baldwin. There
will be a professor from UW-River Falls at that meeting speaking on Land Use. Fisher
thought the Board may be interested in hearing the presentation.
CORPORAT16N COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION
Corporation C unsel will be available if needed.
OTHER BUSINESS
Eslinger explained to the Board that the Planning, Zoning and Parks Committee
approved a two lot minor subdivision for Anderson Excavating for a gravel pit, with the
condition that t e boundaries of a previous special exception permit (#20-91), issued in
1991, be reviewed. The CSM that was created is within the boundaries of the original
permit. Discussion held. Motion by Peterson, second by Golz to determine the new
boundaries for {the Anderson Excavating permit to be contained within Outlot 2. Motion
carried.
NEW BUSINE S
Chairperson Speer welcomed everyone in attendance and gave a brief overview of how
the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public
hearing notice was published correctly and was read into the record as follows:
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday,
April 26, 2001, ~t 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 Oach site in question, after which the Board will deliberate and vote on the
appeals.
1. ARTICLE: Special Exception request for an expansion of an existing mini-
storage facility in the Commercial District pursuant to Section
17.18(1). The request is to construct two additional mini-storage
units on an existing commercial site.
APPELLANT: Kenneth A. and Barbara J. Zak
LOCATION: Located in Government Lot 4 of Section 22, T30N-R20W, Town of
St. Joseph
ADDRESS: 1418 Main Street, Houlton, Wisconsin
2. ARTICLE: Special Exception request for a use in the Commercial District
pursuant to Section 17.18(1). The request is to establish a
commercial business by the name of "Custom Rigging". Business
includes refurbishing wooden boats.
APELLANT: Henry Lentz, Owner/ Stan Berry, Agent
LOCATION: Located in the NE '/4 of the SE '/4 , Section 22,T30N-R20W, Town
of St. Joseph
ADDRESS: Off of 7th Street, Houlton, Wisconsin
3. ARTICLE: Variance request of 41-feet from a Class D Highway setback and
23-feet from a Class E Highway setback pursuant to Section
17.64(1)(d)2 and Section 17.64(1)(e)2. Variance is to expand the
existing garage.
APEL ANT: Tim Riemenschneider
LOCATION: Located in part of Government Lot 4, Section 23, T30N-R1 9W,
Town of St. Joseph
ADDRESS: 775-150th Avenue, New Richmond, Wisconsin
4. ARTICLE: Special Exception request for a permit for filling and grading on
slopes greater than 20% pursuant to Section 17.29(2)(c)1 and
Section 17.15(6)(t). The request is to construct a residence with a
walkout basement on a vacant lot in the Shoreland area of Cedar
Creek.
APPELLANT: Kurt and Diane Foley
LOCATION: The SW '/4 of the SE '/4, Section 2, T31 N-R18W, Town of Star
Prairie.
ADDRESS: 2304 Huntington Drive, Star Prairie, 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: Kenneth and Barbara Zak
Eslinger expla ned this request is for a special exception to construct two additional mini
storage units on an existing commercial site. The applicant received their original permit
in 1997 to allo a mini storage facility at this site. The facility was approved to be done in
phases, with this phase adding two more units. There is security fencing, lighting and
screening cur ntly on the property. Additional screening may be necessary, as well as
additional paving around the buildings, as required by the ordinance. The applicant has
worked with a engineer to design a storm water drainage and erosion control plan, and
the Land and Water Conservation Dept. has approved. The Town of St. Joseph approves
of the application.
The following 4xhibits were introduced:
Exhibit 1: Staff report
Exhibit 2: Application and narrative, with construction timeline
Exhibit 3: Letter from the William Suick, P.E.
Exhibit 4: Letter from the Town of St. Joseph stating approval
Exhibit 5: ;Letter from Pete Kling of Land and Water Conservation, commenting on
the application. All concerns have been satisfied.
Exhibit 6: Copy of 1997 and 1998 Decision
Exhibit 7: Coy of CSM
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Exhibit 8: Zoning Map
Exhibit 9: Map showing site plan of the project. The Board viewed the map.
Barbara and Ken Zak, being duly sworn, stated that Eslinger gave a good presentation to
the Board. They asked that the Board consider allowing them to blacktop 3 of the 4 sides
around the building. The reason is that they would like to keep one end open for
additional uni s, and if paved, the trucks would damage the blacktop that is down, when
the next phase goes in. The Board will consider when making their decision.
The Board viewed a videotape of the property, presented by Eslinger. The Board will
make a decision later today.
Article Two: Henry Lentz/ Stan Ber
Eslinger told he Board that this request is for a special exception permit to allow the
applicant to locate a business named Custom Rigging on the commercial property. The
applicant has shad this business located in White Bear Lake, Minnesota for the past 17
years. Eslinger went over the staff report with the Board. He stated that the applicant has
submitted designs for storm water and erosion control, and has been approved by the
County Land cind Water Conservation Department.
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The following Exhibits were introduced:
Exhibit 1: Staff report
Exhibit 2: Copy of application
Exhibit 3: Engineered plans
Exhibit 4: (Lighting plan
Exhibit 5: State approval for the commercial building
Exhibit 6: Land and Water Conservation Dept. e-mail and letter.
Exhibit 7: Town letter stating approval
Exhibit 8: Zoning Map
Stan Berry, being duly sworn, is the applicant. He explained the business to the Board,
stating that h will be working on aluminum fishing boats and may refurbish some
pontoons. Dis ussion held on parking, and Eslinger told the Board that the parking plan,
as presented, i adequate and meets the ordinance requirements.
The Board vie*ted a videotape of the property, presented by Eslinger. The Board will
make a decisioh later today.
Article Three: Tim Riemenschneider
Eslinger told thle Board that this request is for a variance from a Class D and E road to
add onto an existing garage. The applicant was granted a variance in 1990 to construct
a home on thislproperty. The property has some physical constraints. The Zoning
Office has approved an expansion to the home, which will remain in the footprint of the
existing structure. The applicant is asking for a 41-foot variance to the Class D road,
and a 23-foot variance to the Class E (private) road.
The following a hibits were introduced:
Exhibit 1: Staff report
Exhibit 2: Application and narrative
Exhibit 3: Layout of the property with structure locations
Exhibit 4: l! etter from Zoning to the applicant
Exhibit 5: Letter from neighbors supporting the request
Exhibit 6: Zoning map
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Tim Riemenscf•hneider, being duly sworn, is the owner of the property. He is asking for
the variance to4low him to add onto the existing garage for storage. He presented a
letter from the town of St. Joseph stating approval of the request. This letter was
labeled as Exhibit 7.
Riemenschnei er went on to explain that there are physical limitations on this lot, as the
lot is only 132 feet deep. The Class E Road to the east of the property is a private road
and handles only local traffic. The proposed addition would be closer to the Class E
road, rather than the Class D road. He went over photographs of the property with the
Board, and they were labeled as Exhibit 8. The home was built 11 years ago, and he
now needs more storage.
The Board viewed a videotape of the property, presented by Eslinger. The Board will go
out and view the property and make a decision later today.
The Board recessed from 9:35 a.m. to 9:45 a.m.
Article #4: KO and Diane Fole
Eslinger prese ted this request to the Board and went over the staff report. The request
is for a filling and grading permit to construct a walkout residence on the property. The
Land and Wateir Conservation Department has reviewed the storm water and erosion
control plans, and have approved. The DNR has reviewed the application and has
determined that a Chapter 30 permit is not necessary for this project. The Town of Star
Prairie has recommended approval of the request.
The following Exhibits were introduced:
Exhibit 1: Staff Report
Exhibit 2: Copy of application with attachments
Exhibit 3: Site plan with erosion control plan
Exhibit 4: Getter from the Town of Star Prairie recommending approval of the
request
Exhibit 5: Letter from the Land and Water Conservation Dept.
Exhibit 6: Zoning map
Ed Krumrie, engineer, and Kurt Foley, owner, were sworn in. They stated they only had
one thing to add in that they may adjust the grading plans slightly to try to save a large
oak tree on the Oroperty. Zoning has no problem with that.
The Board viewed a videotape of the property, presented by Eslinger. The Board will
make a decision later today.
The Board recessed at 10:00 a.m. to go out and view the sites.
Decisions
The Board reconvened at 12:45 p.m. to render decisions.
Article One: K2n and Barbara Zak
A motion was made by Golz, second by Speer to approve the applicant's request for a
special exception for a permit to construct two additional commercial mini-storage
buildings on an existing commercial site based on the following findings:
1. This is on existing commercial site and the permit is to allow the owner to
continued with the next phase of the project. There have been no complaints and
no probl ms with the existing mini-storage business.
2. The Town of St. Joseph has recommended approval of the request.
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3. The plans for the project have been designed by a licensed engineer and
approved.
4. The Land and Water Conservation Department concerns have been met.
5. Thereiwere no objections to the request.
6. The spirit and intent of the ordinance will be met.
With the following conditions:
1. This permit allows the applicant to construct two additional mini storage units.
2. The applicant shall continue to comply with the terms of two prior special
excepPon decisions.
3. The a plicant shall provide the County with a screening plan, that includes
planti g pine seedlings along the west property line.
4. The t Jal signage on the property shall be limited to 100-square feet. The
applicant shall submit a sign plan for staff's review to ensure compliance with the
provisions of the Zoning Ordinance.
5. The aTplicant shall receive approval for the building plans from the Wisconsin
Depa ment of Commerce. Applicant shall submit a copy of the state approved
building plans to the Zoning Office prior to commencing construction.
6. The applicant is responsible for maintaining the site according to the approved
plans.
7. Sites all be completely graded within 1 year of approval.
8. Outdoor storage is not permitted.
9. Rentin moving vans or trucks from the site is not permitted.
10. The a plicant shall provide a hard surface (asphalt/concrete) on all interior
drivin areas within six months of the completion of such buildings (Mini-storage
facility). The applicant is allowed to keep the north side of building #5, as shown
on the1plan, unpaved for purposes of adding the next phase of mini-storage units
in the uture
11. No hazardous materials to be stored inside the facilities.
12. Security lighting to be installed. Lighting must be illuminated downward and is to
be shi4lded away from neighboring properties.
13. No retailing is allowed on site.
14. The Zoning office is to be notified at the start and the finish of the project.
15. The applicant must secure a township building permit before commencing
construction.
16. Any m nor change or addition to the project, including but not limited to design of
the fa(lility, shall require review and approval by the Zoning Administrator and the
Land and Water Conservation Department prior to making the change or
addition. Any major change or addition to the originally approved plan will have
to go through the special exception approval process.
17. The applicant shall have one (1) year from the issuance of the special exception
permit Ito commence construction. Failure to do so shall result in revocation of
the special exception permit. If the special exception permit expires before
constriction commences, the applicant will be required to secure a new special
except on permit before starting or completing construction on the project.
18. Accept, ng 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; Golz, yes; Chairperson
Speer, yes. Alll in favor. Motion carried.
Article Two: Henry Lentz/ Stan Berry
Motion by Kin o, second by Peterson to approve request for a special exception permit
for a business din a Commercial District based on the following findings:
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1. The property is commercially zoned and the use is appropriate for the site.
2. The Town of St. Joseph recommended approval of the request.
3. The pla s for the project have been designed by a licensed engineer and
approved by Zoning and Land and Water Conservation Department.
4. There Were no objections to the request.
5. The spirit and intent of the ordinance will be met by granting this request.
With the following conditions:
1. This permit allows Custom Rigging to operate a boat restoration/repair business
from th property.
2. All outd or storage shall be contained within the screened in area as designated
on the Eite plan.
3. The storm water management pond must be constructed and seeded and
mulched per approved plan by June 15, 2001.
4. 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.
5. The perimeter landscape screening as indicated on the site plan must be
completed by June 15, 2001.
6. Daily hours of operation as related to the business will be hours of 8:00 a.m. to
5:00 p.0.
7. Onsite storage of hazardous waste is prohibited.
8. The site] shall remain dust free at all times.
9. The applicant must maintain proper Wisconsin licensing for the business.
10. Any pro osed lighting is to be illuminated downward, to eliminate light pollution
onto nei hboring properties.
11. Areas that service the public and employees must be hard surfaced or
blacktopped.
12. Staff recommends that the applicant maintain a minimum of five parking spaces
for the ublic.
• additional space for each 2 employees
• Adequate parking for vehicles operated in connection with the business
• ~ arking spaces must be a minimum of 10 feet by 20 feet (200 square
f~et)
13. Total oflall sign square footage on the property not to exceed 100 square feet.
Signs must be located a minimum of 10 feet from all property lines. Only one
freestanding sign is allowed on the property. Any other signage related to the
busines$ must be approved by the zoning department and must strictly adhere to
the St. Croix County Signage Ordinance.
14. 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.
15. Any minor change (or addition) in expansion of the project, including building,
signage~ 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.
16. The applicant shall have one (1) year from the issuance of the Special Exception
permit tc act on the Special Exception permit. Failure to start the new business
in this tirtieframe shall result in the expiration of this Special Exception. If the
Special Exception permit expires, the applicant will be required to secure a new
special exception permit before commencing the business operation.
17. Accepting this decision means that the applicant has read, understands, and
agrees t~ all conditions of this decision.
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. The following vote was taken to approve: Goiz, yes; King, yes; Peterson, yes;
Chairperson Speer, yes. Motion carried.
Article Thred: Tim Riemenschneider
Motion by Pederson, second by King to approve the request for a variance to the
setbacks from a Class D Highway (150th Avenue) and a Class E Highway (private road)
based on the following findings:
1. The a0plicant is granted a 41-foot variance from a Class D Highway and a 23-
foot variance from a Class E Highway. This means that the proposed addition
shall not be any closer than 92-feet from the centerline of 150th Avenue and shall
not be,any closer than 60-feet from the centerline of the private road that borders
the pr perty.
2. The T~wn of St. Joseph has recommended approval of the variance request.
3. There Were no objections and the surrounding property owners support the
request.
4. The ovrrner was granted a variance on January 25, 1990 to construct the home,
due to the physical limitations of the property. The Board believes that the
granting of this variance is consistent with the original decision.
5. The variance will not be contrary to the public interest.
The following Grote was taken to approve: Peterson, yes; King, yes; Golz, no;
Chairperson Speer, yes. Motion carried.
Diane Fole
Article #4: K rt and
Motion by Gol , second by Speer to approve the request for a permit for filling and
grading in the $horeland District based on the following findings:
1. The plans for the project have been designed by a licensed engineer and
approv~d by Zoning and the Land and Water Conservation Department.
2. There Were no objections to the request.
3. The Town of Star Prairie has approved of the request.
4. The spirit and intent of the ordinance would be met by granting the request.
With the followling conditions:
1. The applicant shall install silt fence (erosion control measures) prior to
commencing grading activities. The silt fence shall remain in place until the site
is completely established.
2. The applicant shall follow the plans as approved by the St. Croix County Land
and Water Conservation Department.
3. All structures to meet the minimum setback requirements as outlined in the St.
Croix County Zoning Ordinance; 75 feet from the O.H.W.M. of Cedar Creek.
4. At the completion of the project, an as built must be submitted to the Zoning
Office by the applicant's engineer, that confirms that the project was completed
as approved.
5. The applicant shall obtain all necessary approvals from the Wisconsin
Department of Natural Resources.
6. The apq~licant shall provide the Zoning Office with the name and phone number
of the person responsible for installing and maintaining the erosion control plan.
7. The Zo fling office is to be notified at the start and the finish of the project.
8. The applicant must secure a township building permit before commencing
construntion.
9. Any minor change or addition to the project, including but not limited to design of
the facil~ity, shall require review and approval by the Zoning Administrator and the
Land and Water Conservation Department prior to making the change or
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addition. Any major change or addition to the originally approved plan will have
to go through the special exception approval process.
10. The applicant shall have one (1) year from the issuance of the special exception
permit to commence construction. Failure to do so shall result in revocation of
the special exception permit. If the special exception permit expires before
construction commences, the applicant will be required to secure a new special
exception permit before starting or completing construction on the project.
11. Accepting this decision means that the applicant has read, understands, and
agrees to all conditions of this decision.
The following ' ote was taken to approve: King, yes; Peterson, yes; Golz, yes;
Chairperson Seer, yes. Motion carried.
It was noted b Chairperson Speer that in the February 22, 2001 minutes, the decision
on Article #2, $onnentag Family Limited Partnership/County Concrete, had the vote by
Board members inadvertently omitted. For the record, the vote to approve the request
was unanimous, and the motion was carried.
Motion by GoIZ, second by Peterson to adjourn at 1:35 p.m. Motion carried.
Respectfully sObmitted:
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R ch Peterson, Secretary Debbie Zimmerma Recording Secretary
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