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BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
October 28,2010
The meeting was called to order by Chairperson Clarence "Buck" Malick at 8:31 a.m. A
roll call was made. Sue Nelson and David Peterson were present. Joe Hurtgen arrived at
8:33 a.m. Jerry McAllister was absent. Staff included: David Fodroczi, Planning and
Zoning Director; Alex Blackburn, Zoning Specialist; Pam Quinn, Zoning Specialist and
Becky Eggen, Recorder.
Staff confirmed to the Board that this was a properly noticed meeting.
The next meeting for the Board is scheduled for Thursday, December 2, 2010 at 8:30
a.m. in the County Board Room of the Government Center in Hudson.
Unfinished Business:
Sonstegard—Request for Reconsideration
A reconsideration request was submitted by Cates Fine Homes in regards to Sonstegard's
special exception and variance permit for a stairway in the Lower St. Croix Riverway
Overlay District and a variance to allow two landings in less than 20 feet of vertical
elevation for a stairway in the Lower St. Croix Riverway District.
Motion by Nelson, second by Peterson to reconsider the special exception and variance
application. Motion carried 3-1. Malick opposed.
Town of Troy—After-the-Fact Variance—Tabled 9-23-2010
The applicant requested an after-the-fact variance for a reduction of the road setback for a
new recycling shelter in the Town of Troy that was tabled at the September 23, 2010
meeting with the Board requesting more information.
Motion by Peterson, second by Nelson to table the request until next month's meeting.
Motion carried unanimously.
New Business
Application#1: Ryan Stewart& Lindsay Dalton—After-the-Fact Special Exception
The applicants requested an after-the-fact special exception for filling and grading an area
exceeding 10,000 square feet in the Ag-Residential and Shoreland District of Twin
Lakes, in the Town of Warren.
Staff presented the application and staff report. The Warren Town Board reviewed a
copy of the application and recommended approval of the request. St. Croix County
Land and Water Conservation Department did not receive a copy of the application in
time to properly review the information and/or visit the site before submitting comments.
Wisconsin Department of Natural Resources reviewed the application and did not have
any comments beyond those contained in the determination letter. Staff recommended
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approval of the request based on nine findings of fact and conclusions of law with eight
conditions for the Board's consideration.
No one testified in favor or opposition.
Motion by Hurtgen, second by Nelson to table until next month to get more information
from St. Croix County Land and Water Conservation Department.
Motion carried unanimously.
Application#2: Pentecostals of New Richmond Church—Special Exception
The applicant requested a special exception permit to construct a church in the Town of
Star Prairie.
Staff presented the application and staff report. The Town received a copy of the
application and no recommendation was received. St. Croix County Land and Water
Conservation Department conducted an on-site inspection and stated the storm water
structures and site were stable according to the plans. Wisconsin Department of
Transportation had no comments regarding the application. Wisconsin Department of
Natural Resources indicated a storm water discharge permit may be required. Staff
recommended approval of the requested based on 13 findings of fact and conclusions of
law with 17 conditions for the Board's consideration.
Randy Messer, member of the church, signed an oath and spoke in favor of the request.
He testified the septic system was figured for the additional footage of the church and
beyond. He stated nothing else has changed in the plans. He stated the funding for the
new church is now positive and hence the reason they reapplied for a permit and stated
they should be able to build within the two year time frame. He didn't have any issues
with the Board possibly tabling the decision to next month.
No one testified in opposition.
Application#3: K and P Real Estate/Salvation Army—Special Exception
The applicant requested a special exception to operate a correctional
institution/transitional living facility in the Ag Residential District in the Town of
Warren.
Staff presented the application and staff report. The Warren Town Board recommended
approval of the request at their August 17, 2010 meeting with the condition that, "county
zoning consider the opinions of the neighboring properties." This item was further
discussed by the Town Board on September 21, 2010 but no further action was taken.
The Department of Transportation stated the access is adequate for the proposed use.
Staff recommended approval of the request based on 11 findings of fact and conclusions
of law with nine conditions.
Duana Bremer, with the Salvation Army, signed an oath and spoke in favor of the
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request. She testified the Salvation Army is already paying rent on the property but not
currently housing anyone on site. She handed out letters of support (exhibit 16). She
stated she felt they could comply with the special exception conditions and the
community was welcoming. She stated the community will be a safer place because the
felons in the house will be supervised and they are providing them the skills to not offend
again. She stated they will be on the site five to seven times a day.
Anne Cartman, the Department of Corrections; Larry Jespsen, Polk County; Delbert
Permann, Pastor of Congregational Church; Gregg Quinn, Wescap; Kathy Herbison,
Drug and Alcohol counselor in Polk County; Tom Thuecks, Salvation Army
Headquarters; Virginia Ormsby, Director at Polk County; Gerald Harris, Pastor at River
Falls and Hammond Catholic Churches; Ryan Ferguson, Pastor at Mount Zion Lutheran
Church; Ken Kube, an ex-felon; Shirley Schoenberg, Salvation Army; Tom McMahan,
head of correctional community safety, and Dick Pearson, property owner; all signed an
oath spoke in favor of the request. They all testified they are confident in this program
because of the success they have had in the past and they need to be an advocate to help
people. They stated the programs are the felons' lifeline back to rehabilitation.
The Board recessed for a break at 10:15 a.m.
The Board reconvened at 10:22 a.m.
Stacey Phillips, Bill Gary, Jessica Klatt, Wendy Kromrey, Jenny Busch, Christa
Poeschel, Casey Bland, Jeremy Parker, Tara Buskar, Bernadette Zuber, Mike Cowles,
Melissa Luedtke, Floyd Campbell, Rose Smith, Travis Nasers, and Nate Fehrman all
signed an oath and spoke in opposition. They all spoke with concerns of their
neighborhood in the Village of Roberts. They testified there was a need for a home that
was proposed but the location was not ideal. They also stressed the concern for their
children and the decrease of property values.
Daniel Burgess, Village of Roberts Police Chief, signed an oath and spoke in opposition
of the request. He stated the Department was told the halfway house was coming, and
they were never asked to help support the house. He testified he would like the Salvation
Army to explain why the City of New Richmond denied the house going in their city. He
stated the Village of Roberts can only afford one officer on duty at a time and there is not
24 hour coverage. He stated the Village of Roberts is the third smallest community in St.
Croix County and wondered why they should take on such a big responsibility.
Application#4: John Gunther—Special Exception
The applicant requested a special exception permit for filling and grading within 40 feet
of a slope preservation zone in the Lower St. Croix Riverway District in the Town of
Somerset.
Staff presented the application and staff report. The Town of Somerset was sent a copy
of the application for review and did not make any recommendations. St. Croix County
Land and Water Conservation Department reviewed the application and recommended
the applicant establish a no-mow 40 foot vegetative buffer along the bluffline. The area
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is highly sensitive to erosion and slumping. The current condition of saturated soils due
to high surface water elevation and the lack of vegetation in the buffer zone elevate the
risk for slope failure. With that the LWCD supports the replacement of the sanitary
system if the 40' bluffline setback is established and maintained. Wisconsin Department
of Natural Resources reviewed the application and had no concerns about replacing the
sanitary system and recommended the applicant follow Best Management Practices for
proper erosion control. The U.S. Department of Interior National Park Service reviewed
the plans and based upon an inspection, they believe the project is permissible under the
terms of the easement presently in effect on the property. Staff recommended approval of
the request based on nine findings of fact and conclusions of law with eight conditions
for the Board's consideration.
No one testified in favor or opposition.
Application#5: Crisdome Farm Inc./Northern States Power—Special Exception
The applicant requested a special exception for an electrical substation in the Ag
Residential District in the Town of Stanton.
Staff presented the application and staff report. The Town of Stanton received a copy of
the application and submitted no recommendations. St. Croix County Land and Water
Conservation Department reviewed the application and found the erosion control plans to
be adequate for the site. There is no stormwater plan required for the site. Wisconsin
Department of Natural Resources did not have any comments on the filling and grading.
Staff recommended approval of the requested based on 13 findings of fact and
conclusions of law with 13 conditions for the Board's consideration.
Sarah Schwartz, Xcel Energy, signed an oath and spoke in favor of the request. She
testified the Town of Stanton did approve the Special Exception. She stated she had
questions regarding the landscaping condition in the staff report. She stated they buy
mere land than they actually use so the land can still be farmed. She said they are trying
to upgrade their systems to meet demands. }
No one testified in opposition.
Application#6: Robert Frame—Special Exception and Variance
The applicant requested a special exception permit to operate a kennel in the Ag
Residential District in the Town of Pleasant Valley and a Variance request to reduce the
700-foot setback from property lines required for kennels in the Ag Residential District.
Staff presented the application and staff Report. The Pleasant Valley Town Board voted
not to approve the request. St. Croix County Land and Water Conservation Department
reviewed the application and had no comments as long as the dog waste is handled as
noted in the plans. Wisconsin Department of Natural Resources reviewed the application
and noted there may be wetlands on the site. If applicant is not adding any additional
buildings and is disposing of waste via garbage pickup, there were no concerns. St. Croix
County Highway Department stated they had no objections other than the applicant
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would need to contact the Highway Department prior to operations to upgrade his
driveway permit from a residential access to a commercial one. Staff offered 16 findings
of fact and conclusions of law with 11 conditions for the Board's consideration.
Robert Frame signed an oath and spoke in favor of the request. He testified the Town
Board had a big issue with the definition of a kennel. He stated he would like to continue
breeding the dogs he has and go on with life. He stated he does not want 60 dogs and
people coming in and out of the driveway all day long. He said the land to the east is
used for pasture as well as the land to the south. He testified he has documents stating
the neighbors support his breeding and documents of the latest AKC inspection report.
He stated he advertises via internet with his website.
Melissa Haas signed an oath and spoke in favor of the request. She stated they currently
have nine dogs and would like a maximum of ten. She testified they only breed once a
year. She testified there have been no noise issues. She said they began breeding at this
property in September of 2009.
Tabb Benzinger, owner of one of the puppies, signed an oath and spoke in favor of the
request. He testified Melissa is a well known dog breeder.
No one testified in opposition.
Hearing was closed by Chair Malick at 12:20 p.m.
The Board left for lunch and site visits at 12:30 p.m.
The Board reconvened at 2:00 p.m.
Decisions
After hearing the testimony and reviewing the material in the record, the Board rendered
s the following decisions:
Application#2: Pentecostals of New Richmond Church— Special Exception
Motion by Nelson, second by Hurtgen to approve the special exception permit to
construct a church in the Town of Star Prairie based on the following finding of facts and
conclusions of law:
1. The applicant is Pentecostals of New Richmond,property owner.
2. The site is located in the SE'/ of the SE '/ of Section 24, T31N, R18W, Town of
Star Prairie, St. Croix County, Wisconsin.
3. The applicant is requesting a special exception permit to construct a new church,
Pentecostals of New Richmond, in the Ag Residential District pursuant to
Section 17.15(6)(s) of the St. Croix County Zoning Ordinance.
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4. This request does not violate the spirit or general intent of the St. Croix County
Zoning Ordinance because churches are a use allowed by special exception in the
Ag. Residential district.
5. Traffic from church services and activities will occur during off-peak travel times
and is not expected to have a detrimental impact on the local road system,therefore
this request would not be contrary to the health, safety or general welfare of the
public.
6. With conditions for landscaping, shielding light sources from adjacent properties,
limiting the times of family activities to 10:00 pm, and paving the parking area this
request would not be adverse to property values for nearby residences and would
not constitute a nuisance by reason of noise,dust, smoke,odor or other similar
factors.
7. The applicants will provide 33 parking spots for the current congregation of 40
people. This will be sufficient area for off-street parking pursuant to Section 17.57
of the St. Croix County Zoning Ordinance.
8. The proposed building meets the required road setback from Highway 65 pursuant
to Section 17.60 6.a.of the St. Croix County Zoning Ordinance.
9. The proposed permanent sign will need to comply with Section 17.65, Sign
Regulation. The current temporary sign was placed in its location prior to the
amended sign ordinance enacted July 1,2007.
10. The St. Croix County Land and Water Conservation Department has approved the
storm water and erosion control installations.
11. The Department of Transportation has previously approved the joint access on Hwy
65.
12. The Wisconsin DNR has stated that a storm water discharge permit may be
required.
13. There are currently five evergreen trees planted. The original plans specified 25 on
the south side and 4 on the west side. This was the proposal in 2006 and the Board
typically requires vegetative screening as outlined in condition#3 below.
14. The proposed building is larger than in the previous application,the stormwater
measures and sanitary system will need to be verified for adequacy.
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With the following conditions:
1. This request is for the Pentecostals of New Richmond to construct a church in the
Ag Residential District in the Town of Star Prairie in accordance with the revised
site plan submitted on September 1, 2010.
2. Prior to continuing construction of the church and parking areas, the applicant
shall verify that all other required permits are still valid. This includes but is not
limited to a Town Building Permit and a Chapter 216 Permit from the Wisconsin
Department of Natural Resources (if required).
3. Applicant shall submit a landscape plan that includes a vegetative buffer at least 10
feet in width along the driveway, parking lot and around the building that includes
native evergreen trees and shrubs at least six feet in height at the time of planting to
screen the church from adjacent properties and retain the rural character and natural
beauty of the area. The buffer shall attain at least 80%opacity at maturity. Trees
shall be planted by September 15th of 2011.
4. All lights on the site and on buildings must be downward directed and shielded
away from neighboring properties to prevent glare. Only lights on the building or
building overhangs at a level not to exceed the height of the lowest eaves may be
left on overnight for security purposes.
5. All activities shall be concluded by 10:00 pm.
6. All parking areas shall be paved.
7. Any new sign proposals will be required to comply with section 17.65, Sign
Regulation.
8. The stormwater measures and sanitary system shall be verified for adequacy to the
satisfaction of the Zoning Administrator.
9. Within 60 days of this decision,the applicant must record: 1)the revised storm
water management plan, 2)permanent drainage easements for all storm water
management facilities and retention areas, and 3) an operation and maintenance
agreement against the property, and provide a recorded copy to the Zoning
Administrator. The intent is to make future owners aware of the responsibilities
associated with the plans as well as the limitations incurred as a result of the plans.
10. The property owner shall maintain a minimum of 33 paved parking spaces and
shall be responsible for contacting the Zoning Administrator prior to making any
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changes or additions to the buildings or the site to determine if additional parking
is needed.
11. Upon complaints of regularly occurring, excessively loud noise at any time, the
applicants shall work with the Zoning Administrator to abate the noise problem.
In the event that the matter cannot be resolved administratively, the applicants
shall take the matter before the Board of Adjustment at a public hearing.
12. The property shall be maintained in a neat and orderly manner.
13. Within 60 days of the filing date, the applicant shall provide a driveway
maintenance plan for the shared portion of the driveway to be approved by the
Zoning Administrator. Such agreement must be recorded against the property.
14. Prior to commencing construction,the applicant shall submit a surety in the form of
a cash compliance deposit in an amount of$1,100.00 to be held by the Zoning
Administrator until the project has been completed and approved to be in
compliance with the conditions of this permit and all applicable provisions of the
Ordinance, at which time the deposit will be refunded in full.
15. The applicant shall have one(1) year from the date of this approval to commence
construction and two (2) years from the date of this approval to complete it.
Failure to do so shall result in expiration 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 the project. The applicant may request extensions of up to six months
not to exceed a total of one year from the Zoning Administrator prior to the
expiration of the permit in the event that additional time is needed to secure other
required permits and approvals.
16. The applicants shall contact the Zoning Administrator to review this special
exception permit in two years from the approval date for compliance with the
conditions of this approval. 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.
17. Any change in ownership of the property, change in use, or change in project
details—including but not limited to expansion, landscaping, or lot/access changes
—shall require prior review and approval by the Zoning Administrator and in some
circumstances through the special exception approval process as stated in the
Ordinance.
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18. Accepting this decision means that the applicant has read,understands, and agrees
to all conditions of this decision.
Motion carried unanimously.
Minutes
Motion by Peterson, second by Hurtgen to approve as amended the September 23, 2010
minutes as submitted.
Motion passed unanimously.
Application#6: Robert Frame—Special Exception and Variance
Motion by Malick to deny the variance, lack of a second; motion failed. Motion by
Peterson, second by Nelson to approve the variance request to reduce the 700 foot
setback from property lines required for a kennel and special exception to operate a
kennel in the Ag-Residential District in the Town of Pleasant Valley based on the
following findings of fact and conclusions of law:
1. The applicant is Robert Frame,property owner.
2. The site is located at 454 County Road T in the SE '/ of the NE '/ of Section 9,
T28N, R17W, Town of Pleasant Valley, St. Croix County, WI.
3. The applicant's property is zoned Ag Residential and the applicant's dogs are
housed within an existing accessory structure that was constructed in 2009,prior
to amendment of county ordinance Section 17.09 to add definitions for Private
and Commercial kennels.
4. The Town of Pleasant Valley Town Board discussed the applicant's request for
town approval of his dog breeding/kennel at their August 10, 2010 meeting and
voted not to approve the request.
5. The St. Croix County Land and Water Conservation Department has reviewed the
special exception permit application and has no comments on this application as
long as the dog waste is handled as noted in the plans.
6. The Wisconsin Department of Natural Resources reviewed the application and
noted that there may be wetlands on the site. If the applicant is not adding any
additional buildings and is disposing of waste via garbage pickup, there are no
concerns with the request.
7. The St. Croix County Highway Department has no objections regarding the
Frame kennel use request. However, Mr. Frame would need to contact the
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highway department prior to operations to upgrade his driveway permit from a
residential access to a commercial one.
The St. Croix County Board of Adjustment makes the following findings of fact and
conclusions of law pertinent to the special exception permit for a dog kennel:
8. The applicant filed an application with the Board of Adjustment for a special
exception permit to operate a dog breeding kennel in the Ag Residential District
pursuant to Section 17.15(6)(f) of the St. Croix County Zoning Ordinance.
9. The proposed use meets the criteria for a kennel pursuant to Section 17.15(6)(f) of
the Ordinance with the exception of the 700 ft. setback from any property line
shared with property upon which a dwelling may be located. The applicants
currently live on the parcel and have a horse and their Springer Spaniels housed
on the property.
10. The St. Croix County Planning and Zoning Department received complaints in
January 2010 with regard to the applicant operating a kennel without a special
exception permit. The county ordinance did not contain a definition for"kennel"
until March of 2010 and the Town of Pleasant Valley does not have its own
ordinance that regulates or defines"kennels". The applicant applied for and was
issued a town building permit in June 2009, which included a site plan that
showed both a mobile home residence and an outbuilding labeled"kennel"
(Exhibit 9). The amended county ordinance now limits"private kennels"to four
(4) dogs or cats. In response to a county Notice of Violation(Exhibit 8), the
applicant is requesting after-the-fact special exception approval for a commercial
kennel as currently defined in the ordinance. With conditions for limiting the
hours of activities and noise on the site and ensuring that the kennel building
remains buffered by vegetation to reduce noisefand visibility for adjacent
properties, the proposed use will not constitute a nuisance by reason of noise,
dust, smoke, odor or other similar factors.
11. The existing use has not negatively impacted public health, safety or general
welfare, nor will it be substantially adverse to property values in the
neighborhood. No additional traffic will be generated except for occasional
visitors to pick up a puppy and the building that houses the dogs is not visible
from the road. With conditions for proper animal waste storage and management,
maintaining the property in neat and orderly manner, and maintaining the
vegetated buffers along property lines, potential negative impacts on surrounding
properties will be minimized.
12. This request would not violate the spirit or general intent of the St. Croix County
Zoning Ordinance. Kennels are allowed in the Ag Residential District with a
special exception permit provided all standards can be met. The dog breeding
business is secondary to the principal use of the property as the applicant's
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residence. The surrounding area features primarily agricultural use with limited,
low-density residential development, with one house closer than 700 feet from the
existing building that houses the dog kennel. With conditions limiting the number
of animals (household pets excluded per 17.12(12))kept on the site to no more
than one animal unit per acre of land suitable for animal waste utilization,
consistent with NRCS 590, the rural character of the area would be preserved.
The St. Croix County Board of Adjustment makes the following findings of fact and
conclusions of law pertinent to the variance request for a dog kennel to encroach within
the required setback:
13. The applicant filed an application with the Board of Adjustment for a variance to
the 700-foot setback required for kennels in the Ag-Residential District pursuant
to Section 17.15(6)(f) of the St. Croix County Zoning Ordinance.
14. The applicant house their dogs within an accessory structure that is approximately
300 feet from the nearest residential dwelling. There is no location on the parcel
where kennel facilities can be placed that would not encroach within the 700-foot
property line setback.
15. Granting the variance to the 700-foot setback would not violate the spirit and
intent of the Ordinance, the primary purpose of which is to protect neighboring
properties from negative impacts and nuisance factors such as noise, smell, and
visibility of dogs on the site. The applicant's property is screened and buffered
from adjacent properties to the north and east by trees and shrubbery. The
properties to the east, west and south feature agricultural cropland and no existing
residences. With the conditions listed in Findings#10 and#11 above,negative
impacts to adjacent properties and potential nuisance factors would be minimized.
Ir
16.4When determining whether an unnecessary hardship exists, the Board of
Adjustment must identify unique physical characteristics of the property that
would otherwise prohibit the applicant from using the property for a permitted
purpose, and then weigh the burden placed on the applicant in meeting the
requirements of the Ordinance against the public interests being protected. In this
case, literal enforcement of the Ordinance would not allow the applicants to be
able to use their property for a permitted purpose. The dimensions and unique
physical characteristics of the 5-acre lot severely limit the placement of a kennel
on the property in a manner that would meet the 700-foot setback on all sides.
The kennel is located within an existing building constructed in 2009 on the
parcel.
With the following conditions:
1. This special exception permit and variance allows the applicant to operate a dog
breeding facility on the site as indicated in the plans submitted and as provided in
the conditions below. As part of this approval, the applicant shall not exceed the
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allowable animal units (excluding household pets) as defined in Section 17.09 and
pursuant to Sections 17.12(12) and 17.15(1)(a)of the county ordinance. This
approval does not include any additional uses, structures, or activities.
2. The Town of Pleasant Valley and any other aggrieved party may request a
reconsideration of this decision 15 days prior to the next regularly scheduled
Board of Adjustment meeting in accordance with the St. Croix County Board of
Adjustment Rules and By-Laws.
3. The applicant shall be responsible for complying with any other local, state, or
federal permit requirements, licenses and approvals.
4. Outdoor exercise for dogs shall be supervised and only during daylight hours.
5. Upon complaints of regularly occurring, excessively loud noise at any time, the
applicant shall work with the Zoning Administrator to abate the noise problem. In
the event that the matter cannot be resolved administratively, the applicant shall
take the matter before the Board of Adjustment at a public hearing.
6. The applicant proposes a family-based business and shall have no additional
employees assisting in the operation of the kennel.
7. The applicant shall be responsible for keeping the property in a neat and orderly
manner and maintain a healthy environment for dogs in their kennel.
8. The applicant shall be responsible for contacting the Zoning Administrator to
review this special exception permit in two (2)years from the approval date for
compliance. Failure to comply with the conditions of this approval within the
timeframes stipulated shall be grounds for revocation and forfeiture of the
sureties. If the special exception permit is revoked, the applicant will be required
F to secure a new special exception permit to continue the activities.
9. These conditions may be amended or more 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 changed without notice to the applicant and opportunity for a hearing.
10. Any minor change or addition to the kennel operations, including but not limited
to a change in use or facilities, or the addition of services or staff shall require
prior review and approval by the Zoning Administrator 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.
11. Accepting this decision means that the applicant and all property owners have
read, understand, and agree to all conditions of this decision.
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STO tROM COUNTY*
PLAININ(& ZONING
November 1, 2010 File Ref: SE87087
Robert Frame
454 Cty. Rd. T
Hammond, WI 54015
Re: St. Croix County Special Exception & Variance Requests
Parcel 09.28.17.84, Town of Pleasant Valley
Code Administrate Dear Mr. Frame:
715-386-4680
The St. Croix County Board of Adjustment has reviewed our requests for the following items:
Land Information & J (Board) y Planning
715-386-4674 Item #1: Special exception permit to operate a kennel in the Ag Residential Districts
pursuant to Section 17.15(6)(f) of the St. Croix County Zoning Ordinance.
R71ll _ Item #2: Variance to reduce the 700-foot setback from property lines required for kennels in
the Ag-Residential District pursuant to Section 17.15(6)(f) of the St. Croix County Zoning
R cling Ordinance.
5-386-4675
After the hearing on October 28, 2010 the Board voted to approve the variance request and special
exception request. The enclosed document is the formal decision regarding your application.
Please feel free to contact me with any additional questions or concerns.
Sing ,
{
Pamela Quinn
Zoning Specialist/ Zoning Administrator
& Enclosure: Formal Decision
cc: Clerk, Town of Pleasant Valley
Steve Olson, St. Croix County Land and Water Conservation Department
Carrie Stoltz, WI Dept. of Natural Resources
X:
Jeff Durkee, St. Croix County Highway D--pt.
ST. CRolx COUNTY Go vrRNMENT CENTER
1 10 1 CARmIcHAEL ROAD, HUDSON, W1 54016 7153864686 FAx
Pz9co.SAINT-c-Roix. w. us W W W. C O.SAI NT-C ROIX.IM. US
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File Number: SE87087
Applicants: Robert Frame, property owner
Parcel Number: 09.28.17.84C
Complete Application Received: September 7, 2010
Hearing Notice Publication: Weeks of October 11 and 18, 2010
Hearing Date: October 28, 2010
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and visited the site, the Board of Adjustment makes
the following Findings of Fact and Conclusions of Law pertinent to the applicant's special exception and variance
requests (Items # 1 and #2):
1. The applicant is Robert Frame, property owner.
2. The site is located at 454 Cty. Rd. T in the SE'/4 of the NE'/4 of Section 9, T28N, R17W, Town of Pleasant
Valley, St. Croix County, WI.
3. The applicant's property is zoned Ag Residential and the applicant's dogs are housed within an existing
accessory structure that was constructed in 2009, prior to amendment of county ordinance Section 17.09 to
add definitions for Private and Commercial kennels.
4. The Town of Pleasant Valley Town Board discussed the applicant's request for town approval of his dog
breeding/kennel at their August 10, 2010 meeting and voted not to approve the request.
5. The St. Croix County Land and Water Conservation Department has reviewed the special exception permit
application and has no comments on this application as long as the dog waste is handled as noted in the plans.
6. The Wisconsin Department of Natural Resources reviewed the application and noted that there may be
wetlands on the site. If the applicant is not adding any additional buildings and is disposing of waste via
garbage pickup, there are no concerns with the request.
7. The St. Croix County Highway Department has no objections regarding the Frame kennel use request. Mr.
Frame would however need to contact the highway department prior to operations to upgrade his driveway
permit from a residential access to a commercial one.
The St. Croix County Board of Adjustment makes the following findings of fact and conclusions of law pertinent to
the special exception permit for a dog kennel:
8. The applicants filed an application with the Board of Adjustment for a special exception permit to operate a
dog breeding kennel in the Ag Residential District pursuant to Section 17.15(6)(f) of the St. Croix County
Zoning Ordinance.
9. The proposed use meets the criteria for a kennel pursuant to Section 17.15(6)(fl of the Ordinance with the
exception of the 700 ft. setback from any property line shared with property upon which a dwelling may be
located. The applicants currently live on the parcel and have a horse and their Springer spaniels housed on
the property.
10. The St. Croix County Planning and Zoning Department received complaints in January 2010 with regard to
the applicants operating a kennel without a special exception permit. The county ordinance did not contain a
definition for "kennel" until March of 2010 and the Town of Pleasant Valley does not have its own ordinance
that regulates or defines "kennels". The applicant applied for and was issued a town building permit in June
2009, which included a site plan that showed both a mobile home residence and an outbuilding labeled
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"kennel" (Exhibit 9). The amended county ordinance now limits "private kennels" to four (4) dogs or cats. In
response to a county Notice of Violation (Exhibit 8), the applicant is requesting after-the-fact special
exception approval for a commercial kennel as currently defined in the ordinance. With conditions for
limiting the hours of activities and noise on the site and ensuring that the kennel building remains buffered by
vegetation to reduce noise and visibility for adjacent properties, the proposed use will not constitute a
nuisance by reason of noise, dust, smoke, odor or other similar factors.
11. The existing use has not negatively impacted public health, safety or general welfare, nor will it be
substantially adverse to property values in the neighborhood. No additional traffic will be generated except
for occasional visitors to pick up a puppy and the building that houses the dogs is not visible from the road.
With conditions for proper animal waste storage and management, maintaining the property in neat and
orderly manner, and maintaining the vegetated buffers along property lines, potential negative impacts on
surrounding properties will be minimized.
12. This request would not violate the spirit or general intent of the St. Croix County Zoning Ordinance. Kennels
are allowed in the Ag Residential District with a special exception permit provided all standards can be met.
The dog breeding business is secondary to the principal use of the property as the applicants' residence. The
surrounding area features primarily agricultural use with limited, low-density residential development, with
one house closer than 700 feet from the existing building that houses the dog kennel. With conditions limiting
the number of animals (household pets excluded per 17.12(12)) kept on the site to no more than one animal
unit per acre of land suitable for animal waste utilization, consistent with NRCS 590, the rural character of the
area would be preserved.
The St. Croix County Board of Adjustment makes the following findings of fact and conclusions of law pertinent to the
variance request for a dog kennel to encroach within the required setback:
13. The applicants filed an application with the Board of Adjustment for a variance to the 700-foot setback
required for kennels in the Ag-Residential District pursuant to Section 17.15(6)(f) of the St. Croix County
Zoning Ordinance.
14. The applicants house their dogs within an accessory structure that is approximately 300 feet from the nearest
residential dwelling. There is no location on the parcel where kennel facilities can be placed that would not
encroach within the 700-foot property line setback.
15. Granting the variance to the 700-foot setback would not violate the spirit and intent of the Ordinance, the
primary purpose of which is to protect neighboring properties from negative impacts and nuisance factors
such as noise, smell, and visibility of dogs on the site. The applicants' property is screened and buffered from
adjacent properties to the north and east by trees and shrubbery. The properties to the east, west and south
feature agricultural cropland and no existing residences. With the conditions listed in Findings #10 and #I I
above, negative impacts to adjacent properties and potential nuisance factors would be minimized.
16. When determining whether an unnecessary hardship exists, the Board of Adjustment must identify unique
physical characteristics of the property that would otherwise prohibit the applicant from using the property for
a permitted purpose, and then weigh the burden placed on the applicant in meeting the requirements of the
Ordinance against the public interests being protected. In this case, literal enforcement of the Ordinance
would not allow the applicants to be able to use their property for a permitted purpose. The dimensions and
unique physical characteristics of the 5-acre lot severely limit the placement of a kennel on the property in a
manner that would meet the 700-foot setback on all sides. The kennel is located within an existing building
constructed in 2009 on the parcel.
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 and variance requests, with the following conditions:
1. This special exception permit and variance allows the applicants to operate a dog breeding facility on the site
as indicated in the plans submitted and as provided in the conditions below. As part of this approval, the
applicant shall not exceed the allowable animal units (excluding household pets) as defined in Section 17.09
and pursuant to Sections 17.12(12) and 17.15(1)(a) of the county ordinance. This approval does not include
any additional uses, structures, or activities.
2. The Town of Pleasant Valley and any other aggrieved party may request a reconsideration of this decision 15
days prior to the next regularly scheduled Board of Adjustment meeting in accordance with the St. Croix
County Board of Adjustment Rules and By-Laws.
3. The applicants shall be responsible for complying with any other local, state, or federal permit requirements,
licenses and approvals.
4. Outdoor exercise for dogs shall be supervised and only during daylight hours.
5. Upon complaints of regularly occurring, excessively loud noise at any time, the applicant shall work with the
Zoning Administrator to abate the noise problem. In the event that the matter cannot be resolved
administratively, the applicant shall take the matter before the Board of Adjustment at a public hearing.
6. The applicants propose a family-based business and shall have no additional employees assisting in the
operation of the kennel.
7. The applicants shall be responsible for keeping the property in a neat and orderly manner and maintain a
healthy environment for dogs in their kennel.
8. The applicants shall be responsible for contacting the Zoning Administrator to review this special exception
permit in two (2) years from the approval date for compliance. Failure to comply with the conditions of this
approval within the timeframes stipulated shall be grounds for revocation and forfeiture of the sureties. If the
special exception permit is revoked, the applicant will be required to secure a new special exception permit to
continue the activities.
9. These conditions may be amended or more 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 changed without notice to the applicant and opportunity for a hearing.
10. Any minor change or addition to the kennel operations, including but not limited to a change in use or
facilities, or the addition of services or staff shall require prior review and approval by the Zoning
Administrator 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.
11. Accepting this decision means that the applicants and all property owners have read, understand, and agree to
all conditions of this decision.
The following vote was taken to approve: Chairman Malick, opposed; Hurtgen, yes; Nelson, yes; Peterson, yes;
McAllister, absent. Motion carried.
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
- DGt!
Signed. t2" T
Date Filed: 11/O1/10 Clarence W. "Buck" Malick, Chairperson
I
I
St. Croix County Board of Adjustment
Site Visit Documentation Sheet
Applicant(s): Ro6te-4- Site Address: lJ 1 t.cw / ~~l r
File Date l ~2 c~} -ZOtO
AFJ END:INCE
Board Members Present: Staff Present:
7L Malick _ Shillcox
Hurtgen Grabau
Nelson Olson
Peterson _ Fodroczi
_ McAllister(45.z„% Blackburn
Quinn
Applicants, agents, and other interested parties present (list all):
SITE VISIT GUIDELINES
The purpose of site visits is to allow Board members to view site conditions and surrounding land uses and
neighborhood characteristics as they relate to the proposed request. Discussion among Board members and
between the Board members, staff, applicants, agents, and other interested parties in attendance shall be
limited to verification of measurements and locations of proposed structures and/or activities, and
clarification of information presented at the hearing. No new testimony is allowed. Staff shall be
responsible for recording all questions and comments in the space below. This sheet will be kept on file
with the application at the Planning and Zoning Department.
QUESTIONS :Anl C4 ENTS
Revised 07123108