The URL can be used to link to this page

Home My WebLink About022-1061-70-000 (3) s BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES May 26,2011 CALL TO ORDER: The meeting was called to order by Chairperson Clarence "Buck" Malick at 8:30 a.m. ROLL CALL—Members Present: Joe Hurtgen, David Peterson, Sue Nelson and Jerry McAllister. STAFF PRESENT: Dave Fodroczi, Planning & Zoning Director; Kevin Grabau, Code Administrator; Alex Blackburn, Zoning Specialist; Pam Quinn, Zoning Specialist; Steve Olson, St. Croix County Land and Water Conservation Department and Monica Lucht, Recorder. Staff confirmed to the Board that this was a properly noticed meeting. DATE OF NEXT MEETING: The next meeting for the Board is scheduled for Thursday, June 23, 2011, at 8:30 a.m. in the County Board Room of the Government Center in Hudson. UNFINISHED BUSINESS Discuss Mark Stewart letter on groundwater testing at the Downing quarry and possible motion to reconsider: The Board discussed what groundwater tests should be administered. Candy Anderson, Geologist for Milestone Materials, stated that property owners to receive groundwater testing have been identified. Anthony Tomashek, Vice- President of Milestone Construction, agreed to do the tests listed in the Special Exception permit conditions and also noted that an onsite well monitoring program will be put in place by Milestone Materials. Andrew Peterson also spoke and stated general testing of materials would be satisfactory. The board added that a general test for heavy metals be added to the list of required tests. Test results are not necessary to share with the County unless Milestone Materials would like. No action taken. PUBLIC HEARINGS Application #1 — Anderson Excavating — Special Exception for Renewal of a Non- metallic Mining Permit: The applicant requests a special exception permit renewal to continue to operate and ex p and the existing Anderson sand and gravel pit in the Town of Rush River. The current mining site is 85 acres in size consisting of three parcels; two zoned Ag Residential and one zoned Agricultural Two. Mining currently extends within the 100-foot setback from the adjoining property to the north. The property to the north was previously permitted for mining in November 1991, at which time it was owned by Allen Hanson and operated by the applicant. The property has since been split and purchased by Andrew and Cara Geurkink. The applicant was granted a variance on February 13, 2006,to use the existing access driveway and remaining un-reclaimed area within the 100-foot setback area along the Geurkink's property line. Current access to the mine is through an easement across the Geurkink property. • ! Staff presented the application and staff report. The Town of Rush River approved the application with the condition that the applicant maintains the 100 foot buffer, and this buffer area is to be sloped to prevent erosion. The Land and Water Conservation Department has reviewed the application and has provided comments on the outstanding requirements. After meeting with the applicants and discussing the options, Steve Olson sent a second e-mail stating that the applicant is proposing to construct a berm. Staff spoke with the Wisconsin Department of Natural Resources over the phone during the site visit and Jim Devlin stated that he never received some of the required information. The Wisconsin Department of Transportation reviewed the application and has been working with the applicants to relocate the access road to the south. Robin Anderson, owner of Anderson Excavating, signed an oath and spoke in favor of this request. An offite fuel tank had been permitted in 2006. The tank has since been removed and they are currently going offsite to the Town of Baldwin to refuel. The intention is to build a berm so the pit can internally drain and to build containment for fuel. Motion by McAllister, second by Peterson to table the application until next month. Motion carried unanimously. Application #2 — Chadd Novak — Special Exception for Contractor's Storage Yard: The applicant is requesting a special exception permit for a contractor's storage yard. The proposed operation will be Chadd and 2 employees, and most of the time the employees will meet at the job site. Occasionally the employees will park at the house and carpool. The equipment will be a GMC 6500 dump truck, 7 ton skid trailer,bobcat skid loader, Toro dingo (mini skid loader) and assorted hand tools. All of the equipment will be stored in a proposed shed that will be approximately 40 feet by 60 feet. To screen the operation there are pine trees to the north and south of the proposed shed. The east side of the proposed shed will be the neighbors' shed to provide screening. On the west side is a house to provide screening. Days of operation will be primarily Monday through Friday, with some weekends. Hours of operation will be 7 am to 6 pm. Staff presented the application and staff report. The Town Board of Kinnickinnic has recommended approval of this request. The Land and Water Conservation Department reviewed this application and did not have any comments. Chadd Novak,property owner, signed an oath and spoke in favor of the request and agreed with staff recommendations. Application #3 — Robert & Margaret Allison - Variance for Expansion of Legal Nonconforming Principal Structure, and Addendum for an After-the-fact Variance for Reconstruction of a Nonconforming Accessory Structure: The applicants request a variance for expansion of a legal nonconforming principal structure, and an after-the-fact variance to reconstruct a nonconforming accessory structure (deck) attached to a nonconforming principal structure located on a 3.6 acre lot in the Ag Residential and 2 Lower St. Croix Riverway District. The existing principal structure and wrap-around decking were built in 1974 prior to adoption of the St. Croix County Riverway ordinance and encroach within the 40-foot bluffline setback for a slope that faces the St. Croix River. The house is on a secondary bluffline that is separated from the river by Cove Rd. and riparian lots. The house was designed with a storage area under the roof that is exposed to the outdoors, but the applicants would like to enclose it to prevent access by raccoons, squirrels, or birds. The applicants' reconstruction of their deck reduced the structure's footprint compared its original dimensions, with the edges of the deck brought closer to the house as shown in diagrams prepared by Architect Richard Laffm. The deck wraps around the house and is used for ingress/egress from sliding doors on the main floor, above the walkout ground elevation. The deck currently does not have handrails or other features that are required in order to meet the state Uniform Dwelling Code, Chapter 21. Staff presented the application and staff report. The Town of Troy Plan Commission reviewed the concept application on August 5, 2009 and agreed that the applicant could move forward with an after-the-fact Riverway application. Plan Commission members also agreed that it didn't appear that vegetation had been removed. Members said they would be open to the Allison's applying for an after the fact variance to reconstruct the deck. The Allison's submitted a Riverway application for both variances to the town in 2011, which was discussed during their Plan Commission meeting on May 5, 2011. The Plan Commission recommend to the Board of Appeals that the after the fact variance referred to as a deck in a non-conforming area be granted to Robert & Maggie Allison. This variance is being recommended due to the fact that the applicant would suffer a hardship since there was an existing deck that was rotting away and no longer safe for private or public use. In addition, the Plan Commission recommends approval of the reconstruction of a nonconforming principal structure (enclosed additional space) with conditions that a building permit will not be issued until compliance is shown with the current code for their septic system and that the color be compatible with the color of the existing house and that reconstruction will be under the existing roof and not to expand the existing footprint. The St. Croix County Land and Water Conservation Department reviewed the application and the does not object to the request since the proposed expansion will not create any additional impervious coverage to the site. In addition, the site appears to be very stable and well screened from the river. The Wisconsin Department of Natural Resources submitted comments regarding concept plan application submitted to the Town of Troy in January 2009 and Mike Wenholz, Shoreland Specialist, has been reviewing the 2011 application requests. Although Mr. Wenholz's comments were not submitted for inclusion in the staff report, DNR staff have previously expressed the opinion that a deck attached to a nonconforming principal structure must be considered a nonconforming accessory structure and they support literal enforcement of Section 17.36.I.3.b., which prohibits reconstruction, alteration or expansion of nonconforming accessory structures except for garages and sheds. Margaret Allison, homeowner, signed an oath and spoke in favor of the request. She explained that her husband started the reconstruction six to seven years ago, but realized he couldn't do it. Their son took over the project, but didn't know permits were needed because the project was a replacement. Now an architect has been hired to design and 3 finish the project. The deck is needed because of the multiple sliding glass doors that open to the deck, and without it, there would be a ten foot drop to the ground. Allison explained the hardship to enclosing the open area, is the animals that are invading and becoming a big problem. The enclosed area would also make for good storage. Chair Malick read a letter into the record, as requested from Mike Wenholz, Wl DNR, dated 5/24/2011, and addressed to Kevin Grabau. Based on this letter, Wenholz opposes both variance requests. Mike Wenholz was basing his comments on the 2009 letter from Carne Stolz, Wl DNR, who made the assumption that the house was in a slope preservation zone. Pam Quinn explained that the house is not in a slope preservation zone and therefore expansion is not prohibited. The Board recessed for a break at 10:05 a.m. The Board reconvened at 10:16 a.m. Staff was asked to find the approximate square footage of the structure foundation to see if enclosing the open area would result in additional living space. Discussion on what constitutes repair versus reconstruction. Allison feels the original deck was not even up to code. Chair Malick stated that the public hearing will remain open for additional questions upon return from the site visits. The Board recessed for a break at 10:40 a.m. The Board reconvened at 12:25 p.m. After the site visits, the board determined that staff should reword the report for the first item; variance for expansion of legal nonconforming principal structure. Regarding the second request, it was determined the new deck designed by the architect is smaller than the original and would not be considered reconstruction, but considered maintenance and repair. Chair Malick closed the Novak hearing at 12:30 p.m. Motion by Nelson, second by Hurtgen to table both variances until next month. Motion carried unanimously. NIINUTES Motion by Peterson, second by Hurtgen to approve the April 28, 2011, minutes. Motion carried unanimously. DECISIONS After reviewing the material in the record,the Board rendered the following decisions: 4 Chadd Novak — Special Exception for Contractor's Storage Yard: Motion by Hurtgen, second by Peterson to approve the special exception as amended, based on the following findings of fact and conclusions of law: 1. The applicant is Chadd Novak of Pondering Gardens. 2. The site is located in the NE 1/4 of the SE 1/4, Section 21, T28N-RI 8W, Town of Kinnickinnic. 3. The applicant filed an application with the Board of Adjustment for a special exception permit to operate a contractor's storage pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance. 4. This request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that contractor's storage yards are allowed in the Ag Residential district. 5. With the access from River Drive and adequate parking for the 2 employees, this request will not pose any traffic hazard and therefore will not affect public health, safety and welfare of the neighborhood. The proposed building will be screened on the west by the house, and screened by a neighboring building on the east. With conditions to maintain the trees on the north and south sides and since everything will be stored inside,this request will have little visual impact and therefore will not substantially affect property values. 6. With conditions on the hours of operation, directing any lighting toward the ground and the fact that no manufacturing,retail services or other services will take place on this site,this request does not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors. 7. With conditions to maintain the property in a neat and orderly manner,this request will not substantially affect property values. 8. The Town of Kinnickinnic has recommended approval of this application. 9. The Land and Water Conservation Department has reviewed this application and did not have any comments. With the following conditions: 1. This special exception permit allows the applicant to operate a contractors' storage yard, with a GMC 6500 dump truck, 7 ton skid trailer, bobcat skid loader, Toro dingo (mini skid loader) as indicated in the plans submitted on 5 April 4, 2011 and outlined in the "Background" section above. Approval for this special exception permit does not include any additional structures, services, operations,vehicles or employees not indicated in the plans. 2. Prior to commencing construction, the applicant shall secure a building permit from the Town of Kinnickinnic. Applicant shall also obtain any other required local, State, or Federal permits and approvals. 3. The applicant shall maintain the current level of mature trees that screen the property from the properties to the north and south. If any trees die,they shall be replaced. 4. Hours of operation shall be lam to 6pm, Monday through Sunday. 5. All lighting associated with the business shall be illuminated downward and shielded away from neighboring properties to minimize glare. 6. No manufacturing, retail services or other services shall take place on this site. 7. The applicant shall be responsible for keeping the property in a neat and orderly manner. 8. No on site storage of brush generated by the business. 9. Storage building shall have an impermeable floor and all vehicle maintenance shall be conducted in the building. Any spills shall be properly cleaned up and disposed of. 10. Any hazardous or flammable materials, fertilizers,pesticides and herbicides shall be properly stored. 11. The applicant shall be responsible for contacting the Zoning Administrator to review this special exception permit for compliance in May 2013 which is two years from the approval date. 12. Any minor change or addition to the project, including but not limited to design of the project, shall require review and approval by the Planning and Zoning Department prior to making the change or addition. Any major change or addition to the originally approved plan, including,but not limited to the addition of another business will have to go through the special exception approval process. 6 13. These conditions may be amended or additional conditions may be added if unanticipated conditions 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. 14. Accepting this decision means that the applicant has read,understands, and agrees to all conditions of this decision. Motion carried unanimously. NEW BUSINESS Motion by McAllister, second by Nelson to go into closed session pursuant to Wisconsin Statutes 19.85(1)(g)to confer with legal counsel concerning strategy to be adopted by the Board with respect to litigation in which it is involved. Roll call vote: Peterson—yes, Malick—yes, Hurtgen—yes,McAllister—yes,Nelson—yes. Motion carried unanimously. Staff present during closed session: Dave Fodroczi, Kevin Grabau, Pam Quinn,Alex Blackburn, Don Gillen and Monica Lucht. Reconvene in open session at 1:26 p.m. POSSIBLE AGENDA ITEMS FOR NEXT MEETING McMillan"Memorandum decision and order"discussion. The meeting was adjourned by Chair Malick at 1:26 p.m. Respectfully submitted, Sue Nelson, Secretary Monica Lucht, Recor ing Secretary May 26,2011 7 CI. COUNI A# AA PLANNING & ZONING ~ i a,. May 27, 2011 File Ref: SE87200 Chadd Novak 1186 River Drive River Falls WI 54022 I: 1 Re: St. Croix County special exception permit for a contractor's storage yard, Pondering Gardens, located in section 21, T28N, R18W, Town of Kinnichinnic Code Administradon Dear Mr. Novak: 715-386-4680 Land Information & The St. Croix County Board of Adjustment (Board) has reviewed your application for a Planning special exception permit for a contractor's storage yard at the property referenced above. 715-3864674 After the hearing on May 26, 2011, the Board approved the special exception request with conditions. The enclosed document is the formal decision regarding the application. Real Property 715-386-4677 you must obtain any other required local, state, and federal permits and approvals. Should Re4cLng you have any questions or concerns, please contact me at 715-386-4680. 715-386-4675 Sincerely, Ala 8hft 1 Alex Blackburn Land Use Specialist/ Zoning Administrator Enclosure: Formal Decision cc: Clerk, Town of Kinnickinnic ST. CRO/X COUNTY GOVERNMENT CENTER 110 1 CARMICHAEL ROAD, HUDSON. W/ 54016 715386,4686 FAX I. I IC #r _R FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE87200 Applicant: Chadd Novak Location: Section 21, T28N, R18W, Town of Kinnickinnic Complete Application Received: April 4, 2011 Hearing Notice Publication: Weeks of May 9 and May 16, 2011 Hearing Date: May 26, 2011 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and reviewed the site the Board of Adjustment makes the following Findings of Fact and Conclusions of Law for the special exception; 1. The applicant is Chadd Novak of Pondering Gardens. 2. The site is located in the NE'/4 of the SE Y4, Section 21, T28N-Rl8W, Town of Kinnickinnic. 3. The applicant filed an application with the Board of Adjustment for a special exception permit to operate a contractor's storage pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance. 4. This request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that contractor's storage yards are allowed in the Ag Residential district. 5. With the access from River Drive and adequate parking for the 2 employees, this request will not pose any traffic hazard and therefore will not affect public health, safety and welfare of the neighborhood. The proposed building will be screened on the west by the house, and screened by a neighboring building on the east. With conditions to maintain the trees on the north and south sides and since everything will be stored inside this request will have little visual impact and therefore will not substantially affect property values. 6. With conditions on the hours of operation, directing any lighting toward the ground and the fact that no manufacturing, retail services or other services will take place on this site, this request does not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors. I 7. With conditions to maintain the property in a neat and orderly manner, this request will not substantially affect property values. 8. The Town of Kinnickinnic has recommended approval of this application. 9. The Land and Water Conservation Department has reviewed this application and did not. have any comments. K t. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board of Adjustment approves the special exception request, with the following conditions: 1. This special exception permit allows the applicant to operate a contractors' storage yard, with a GMC 6500 dump truck, 7 ton skid trailer, bobcat skid loader, Toro dingo (mini skid loader) as indicated in the plans submitted on April 4, 2011 and outlined in the "Background" section in the staff report. Approval for this special exception permit does not include any additional structures, services, operations, vehicles or employees not indicated in the plans. 2. Prior to commencing construction, the applicant shall secure a building permit from the Town of Kinnickinnic. Applicant shall also obtain any other required local, State, or Federal pen-nits and approvals. 3. The applicant shall maintain the current level of mature trees that screen the property from the properties to the north and south. If any trees die, they shall be replaced. 4. Hours of operation shall be lam to 6pm, Monday through Sunday. 5. All lighting associated with the business shall be illuminated downward and shielded away from neighboring properties to minimize glare. 6. No manufacturing, retail services or other services shall take place on this site. 7. The applicant shall be responsible for keeping the property in a neat and orderly manner. 8. No on site storage of brush generated by the business. 9. Storage building shall have an impermeable floor and all vehicle maintenance shall be conducted in the building. Any spills shall be properly cleaned up and disposed of. 10. Any hazardous or flammable materials, fertilizers, pesticides and herbicides shall be properly stored. 11. The applicant shall be responsible for contacting the Zoning Administrator to review this special exception permit for compliance in May 2013 which is two years from the approval date. 12. Any minor change or addition to the project, including but not limited to design of the project, shall require review and approval by the Planning and Zoning Department prior to making the change or addition. Any major change or addition to the originally approved plan, including, but not limited to the addition of another business will have to go through the special exception approval process. 2 r Y 13. These conditions may be amended or additional conditions may be added if unanticipated conditions 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. 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: Hurtgen, yes; McAllister, yes; Chairperson Malick, yes; Peterson, yes; Nelson, Yes. Motion carried unanimously. 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(10), 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. i 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: Clarence W. Malick, Chairperson Date Filed: 05/27/11 3