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Home My WebLink About040-1014-20-100(2) CP'01X CoUtN PLANNING & ZONING December 23, 2009 File Ref: SE0214 Teens for Christ, Inc. c/o James Cicchese PO Box 920 Code Administration Hudson, W154016 715-386-4680 Land Informadon a Re: St. Croix County Special Exception Amendment Planning Parcel 04.28.19.57C-10, Town of Troy 715-386-4674 Dear Mr. Cicchese: Real Propert)- 715-386-4677 The St. Croix County Board of Adjustment (Board) has reviewed your request for an amendment to the special exception permit approved on May 27, 2004 to construct a R 715-386g-4675 temporary structure (replica tabernacle) and fence for an educational exhibit. After the 715-38 meeting on December 22, 2009 the Board voted to approve the application with conditions. The enclosed document is the formal decision regarding the application. You must obtain any other required local, state, and federal permits and approvals. Please feel free to contact me with any questions. Sincerely, Pamela Quinn Zoning Specialist/ Zoning Administrator Ene: Formal Decision Cc: Clerk, Town of Troy Paul Martin, Agent for Teens for Christ sr. CRO/X COUNTY GOVERNMENT CENTER 71538664686 4686 FAX 110 1 CARM/CHAEL ROAD, HUDSON, W/ 54016 ~h/1NW C 71-53 PZ@CD. SA/NTC'RO/X. WL US P__-V 0 0 FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE0214 Applicant: Teens for Christ, Inc. Parcel ID 04.28.19.57C-10 Complete Application Received: November 2, 2009 Hearing Notice Publication: Weeks of December 7 and 14, 2009 Hearing Date: December 22, 2009 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all of the testimony and considered the entire record herein, the Board makes the following findings of fact and conclusions of law: 1. The applicant is Teens for Christ, Inc., property owner. 2. The 8.50-acre site is located on the corner of Tower Rd. and Old Highway 35 and abuts the State Highway 35 corridor in Section 4, T28N, R1 9W, Town of Troy, St. Croix County, Wisconsin. 3. The applicants filed with the Planning and Zoning Department an application for an amendment to their special exception permit approved on May 27, 2004 to allow construction of a temporary fence and life-size replica of the Old Testament Tabernacle. 4. In April 2005, site plan modifications were reviewed by zoning staff and a letter summarized the minor changes that were approved. Finding of fact #5 stated "the new service drive on the north side of the church will be screened from adjacent residential properties with eight (8) additional trees" and a revised site, lighting, and landscaping plan dated 4/4/05 indicated the locations for all trees to be planted on the Teens for Christ site. With conditions for completing the revised landscape plan, the request would meet the original special exception permit's requirement for planting screens. 5. The applicants provided a letter with a summary of other permits and/or approvals required for construction of this display in other locations (Exhibit 6). This project will be conditioned to obtain any permits required by the Town of Troy for construction of the fencing and tabernacle structure. 6. The POWTS was designed with a capacity for 295 persons plus kitchen facilities, office/employees, and classrooms. The estimated number of persons on the site for tours will be 100. The state-approved sanitary wastewater maintenance and contingency plan included sampling of the effluent to determine if it meets the high- strength requirements set forth in Comm 83. Sampling results were to be submitted to the zoning office, but no records of sample testing are on file. With conditions for completing the state-approved sampling and wastewater tests according to the approved contingency plan to determine if high-strength wastewater is being treated and, if the POWTS is currently code-compliant, the request would not be contrary to public health, safety, or general welfare, nor would it be substantially adverse to property values in the neighborhood affected. 7. This amendment request would not violate the spirit or general intent of the St. Croix County Zoning Ordinance. The purpose of the Ag Residential District is to allow uses that are compatible with both agricultural and residential land uses. The tabernacle exhibit is temporary in nature and will be located on property that has been approved for institutional use and is in an area surrounded primarily by low-density residential uses. 8. The paved parking lot currently has 94 stalls that include 6 handicap spaces, which are not filled to capacity on a daily basis. Eighteen (18) of the parking stalls shown on the revised site plan have been converted to a basketball court, but the total parking exceeds the requirements in Section 17.57(7). With conditions for limiting the number of vehicles at any time to the number of designated paved parking spaces, providing adequate receptacles for and proper disposal of trash, and providing adequate sanitary facilities for visitors to the exhibit, the request would not constitute a nuisance by reason of noise, dust, smoke, or odors. 1 9. The Town Board included this request on the agenda for their December 10'h meeting. A letter from Ray Knapp, Town Chairman, was received on December 10' and summarized the Town Board's recommendation for approval of the request with the following concerns: • Support would be reconsidered should a neighbor have concerns about issues not covered in the application; • The structure does not fit within the property setbacks and needs a temporary setback variance if this request is approved by the Board; • A building permit is necessary for the tabernacle replica structure; • No additional signage should be approved as part of the amendment. 10. The county does not have jurisdiction over the setbacks from town roads. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's special exception amendment request, with the following conditions: 1. This amendment of the special exception approval would allow construction of a temporary fence and a replica of the Old Testament Tabernacle exhibit on the grounds of Teens for Christ in the Ag Residential district. 2. No additional signage is included in approval of the amendment. 3. Prior to constructing the fence and tabernacle exhibit, the applicant shall secure all necessary local, state, and federal permits and approvals, including but not limited to an approval from the Town of Troy for a temporary structure in town road setback. 4. Prior to construction of the exhibit, the applicant shall complete the landscape plantings shown in the approved site, lighting, and landscaping plan revised on April 4, 2005. Photos shall be submitted to the Zoning Administrator to document compliance with Condition #1 of the special exception permit approved on March 27, 2004. 15. Prior to construction of the exhibit, wastewater sampling and testing required for determination of high-strength effluent will be completed and results submitted to the Planning and Zoning Department staff for compliance review. If any modifications of the POWTS are required as a result of the tests, those modifications must be completed before tour groups are allowed to visit the proposed tabernacle exhibit. 6. The total number of people visiting the site during the Tabernacle exhibit may not exceed 295 people per day. ✓7. All vehicles and heavy equipment shall access the proposed tabernacle construction site via existing paved driveways and parking lot area to avoid damage to the tanks and dispersal cells of the POWTS, which are located on the northeast portion of the lot. Visible barrier, such as fencing, shall be placed as soon as weather permits to prohibit vehicular traffic over the POWTS. 8. Maintain the property in neat and orderly manner, by limiting the number of vehicles at any time to the number of designated paved parking spaces, providing adequate receptacles for and proper disposal of trash, and providing adequate sanitary facilities for visitors to the exhibit. ~9. The applicant shall remove the fence and tabernacle structure by November 10, 2010. 2 r ` 10. This is a one time approval for 2010. 11. These conditions may be amended or additional conditions may be added if unanticipated circumstances 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. 12. Accepting this decision means that the applicant and all property owners have read, understand, and agree to all conditions of this decision. The following vote was taken to approve: Nelson, yes; McAllister, yes; Hurtgen, yes; Peterson, yes; Chairperson Malick, yes. Motion carried on a unanimous vote. APPEAL RIGHTS Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within 30 days after the filing date shown below, pursuant to Sec. 59.694(l 0), Wisconsin Statutes. St. Croix County assumes no responsibility for action taken in reliance on this decision prior to the expiration of the appeal period. St. Croix County does not certify that the identity of all persons legally entitled to notice of the Board of Adjustment proceedings, which resulted in this decision, was provided to the County. If an appeal is taken of this decision, it is the responsibility of the appellant to submit at his/her expense a transcript of the Board of Adjustment proceedings to the circuit court. The Planning and Zoning Department can be contacted for information on how to obtain a transcript. It is the responsibility of the Board of Adjustment to submit its record (file) of this matter to the circuit court. ZONING BOARD OF ADJUSTMENT Signed: n u p C' Clarence W. "Buck" Malick, Chairperson Date Filed: 12/23/09 3 E:\400-4qq\408-00 408-001.dn, 4/5/2005 1:21:51 PM, 1:80 N N O - g1> y m m z _%g m C) NZ rh p Z> Nv D S cl) S = io_co€r me tl~l yy _ s. M I° i~g; Illy ;R1 0 1 ME II 9 All C) .0 z 09 m m 8 A N~ N 0 a Oq co Q -~j°~ 0 ~ U ~ f tN o s I /I m g£ _ - NOy9135 >NNWO1H ,05 V't I b ~ . l 1 g2 F ~oNl of I a v, o O om~ I~ 9 q H m~y ICI N e ~ '~q I^ ~ - a 91 ~I 9 ' b~ x P ml - i ad )IN 111 = xl c- v .y m TOWNSHIP SETBACK = 3 " !~A H j gz q mb~° m ;u pig q09 r1 I A _ "n - ~ I 916=====_-_------' A 3 N r-1 f n H ,,1 Jl%