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HomeMy WebLinkAbout008-1099-40-050(3) OFFICIAL BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES May 27, 2004 (This hearing recorded by Northwestern Court Reporters) The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was made. Julie Speer, Nick Golz, Sue Nelson, Linda Luckey and Stan Krueger were present. Staff included: Rod Eslinger, Interim Zoning Director, and Deb Zimmermann, Paralegal/Office Manager, Steve Olson, Land and Water Conservation Dept. Chairperson Speer believes this to be a properly noticed meeting. Motion was made by Golz, seconded by Krueger to adopt the agenda. Motion carried. The Board set the next meeting date as June 24, 2004 and will be held in the County Board Room, at the Government Center. The starting time will be 8:30 a.m. MINUTES Motion by Krueger, seconded by Golz to adopt the minutes from the April 22, 2004 hearing, with one minor change. Motion carried. NEW BUSINESS 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, May 27, 2004 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: Item 1: Special Exception request for a major home occupation in the Ag/Residential District pursuant to Section 17.15(6)(s) subject to the provisions of 17.155(6). Request is to operate River Bend Framing & Fine Art, LLC, in an accessory structure on the property. Item 2: Special Exception request for an off-premise sign pursuant to Section 17.65(3). The request is for a sign to be located at the corner of County Road C and 100th Street Item 3: Variance request to the 500-foot setback requirement for a major home occupation pursuant to Section 17.155(6)(d)2. Request is for an 80-foot variance to the neighboring property owners home. APPELLANT: Wendy DeGear, owner LOCATION: The SE 1/4 of the SE 1/4, Section 20, T31N-R18W, Town of Star Prairie ADDRESS: 2008 100th Street, Somerset, WI 54025 2. ARTICLE: Special Exception permit request to allow filling and grading on slopes in excess of 20% in the Ag/Residential District and the Shoreland District pursuant to Section 17.15(6)(t) and Section 17.29(2)(c)l. The applicant is requesting to establish a residential building site on this property. APPELLANT: Daniel J. Casey, owner/ Daniel J. Fedderly, applicant LOCATION: The NE'/4 of the SW'/4, Section 2, T31N-R18W, Town of Star Prairie ADDRESS: County Road H, Star Prairie, WI 3. ARTICLE: Special Exception permit request to expand an existing mini-storage facility in the Commercial District pursuant to Section 17.18(1)(a). Request is to construct two additional mini-storage facilities. APPELLANT: SAL Properties, owner LOCATION: The SW '/4 of the NW '/a and the SE '/a of the NW '/4, all in Section 21, T31N-R18W, Town of Star Prairie ADDRESS: 2052 County Road C, Somerset, WI 54025 4. ARTICLE: Variance request to the ordinary high water mark setback requirements of the St. Croix Riverway District pursuant to Section 17.36(5)( c)1. Request is for a 104-foot variance from the 200-foot setback requirements of the OHWM of the St. Croix River to construct a garage onto the existing non-conforming dwelling. APELLANT: Keith and Sandra Kettering LOCATION: The E %Z of the SE'/4 of Section 23, T28N-R20W, Town of Troy ADDRESS: 153 Glenmont Road, River Falls, WI 5. ARTICLE: Special Exception request for a permit for filling and grading in the St. Croix Riverway District pursuant to Section 17.36(6)(a)3. Request is for a permit to improve an existing boat launch. APPELLANT: Town of Troy, owner LOCATION: SE'/4 of the SW 1/4, Section 13, T28N-R20W, Town of Troy ADDRESS: South Cove Boat Landing, Town of Troy 6. ARTICLE: Special Exception request for a permit to construct a church in the Ag/Residential District pursuant to Section 17.15(6)(u) of the St. Croix County Zoning. The permit would be to locate a church, parking lot, and improvements on the site for Teens for Christ. APPELLANT: Todd Bjerstedt, owner LOCATION: The NE'/4 of the S '/4, Section 4, T28N-R19W, Town of Troy ADDRESS: Tower Road, Hwy 35, Hudson, WI 7. ARTICLE: Special Exception permit request to expand an existing commercial business, known as Kuryakyn Holdings, Inc. in the Commercial District pursuant to Section 17.18(1)(a). Request is to construct a warehouse addition to the existing building. APPELLANT: Kuryakyn Holdings, Inc., owner/ Architectural Design Group, Inc./Agent LOCATION: The SE %4 of the NW '/4, Section 5, T30N-R19W, Town of Somerset ADDRESS: 454 Highway, Somerset, WI 54025 8. ARTICLE: Special Exception permit request for renewal of a non-metallic mining permit pursuant to Chapter 14.3(A)(6). Request is to allow Milestone Materials to continue operation of an existing non- 2 metallic mining operation in the Ag/Residential District. APPELLANT: Melvin and Laura Simonson, owners/ Milestone Materials, agent LOCATION: The E%z of the SW 1/4, Section 33, T31N-R15W, Town of Forest ADDRESS: Off of County Road S, Glenwood City, WI 54013 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 The hearing was opened at 8:30 a.m. and recessed from 12:55 p.m. to 5:30 p.m to view the sites. The Board reconvened on Friday, May 28th at 8:35 a.m. After hearing testimony on the above articles, reviewing the material in the record, and conducting a site visit, the Board rendered the following decisions: Old Business: Wildwood View, Inc./ Spring Valley Mini Storage goA 29,2(63 Motion by Golz, seconded by Krueger to approve the request for a special exception use permit to expand an existing commercial use for two additional mini storage units based on the following findings: 1. The Board of Adjustment finds that the requirements have been met to grant the special exception pursuant to Section 17.18(1)(e) of the St. Croix County Zoning Ordinance. 2. The Board tabled the request at a hearing on October 23, 2003. The Board finds that the applicant has addressed and met all of the concerns of the Board that were outlined at the original hearing in October of 2003. 3. The Town of Eau Galle has recommended approval of the request. 4. The stormwater plans for the project have been designed by a professional engineer. 5. The request is for the expansion of an existing commercial business in the commercial district. 6. There was no opposition to the request. 7. The Board finds that the request is not contrary to the public interest. 8. The Board finds that the spirit and intent of the ordinance would be met by granting this request. With the following conditions: 1. This special exception permit is an after-the-fact approval for the expansion of the mini-storage commercial use on this property, which occurred in 2001. 2. A financial guarantee equal to 120% of approved construction estimates must be submitted in favor of St. Croix County, to be held by the Zoning Office for the erosion control, lighting, landscaping, paving and grading activities (to ensure proper construction). The initial financial guarantee period may be for a minimum of one year and shall automatically renew until the county releases any or all of the financial guarantee. • Written estimates must be submitted to the Zoning office for review and approval. • No construction, including earth moving, shall take place prior to approval of the financial guarantees 3 • The applicant shall have the engineer submit proof that the plans were installed as approved. This document can be submitted in the form of an as-built or other document that county staff can review to ensure the plans were installed in accordance with the original design. • Upon substantial completion of all required improvements, the applicant shall notify the County Zoning Administrator of the completion of the improvements in writing. The County Zoning Administrator, in consultation with appropriate experts, shall inspect the improvements. • The County may retain a portion of the guarantee, for a period not to exceed two years after final acceptance of an improvement to ensure the project has been stabilized, this amount is not to exceed 15% of the cost of the improvement (erosion control and grading activities). 3. The applicant must record a storm water management plan and a drainage easement for the permanent storm water control structures against the deed for the property. The applicant is responsible to provide a recorded copy to the Zoning Office within 60 days of the completion of the final grading. The intent is to make the current and future owners aware of the responsibilities associated with the storm water management plan as well as the limitations (filling, grading, etc.) the landowner incurs as a result of the plan. 4. Prior to beginning the work on the storm water containment and drainage channels, the applicant must schedule an on-site pre-construction meeting that includes the landowner, contractor, engineer, architect, and St. Croix County Zoning and/or LWCD staff members. Items to be discussed include but are not limited to coordinating installation of BMP's, construction timelines, roles and responsibilities of owner, engineer, architect, contractor, etc. 5. The applicant shall provide the Zoning Office with the name and phone number of the person responsible for installing and maintaining the erosion control plan. 6. Outdoor storage is not permitted. 7. Renting moving vans or trucks from the site is not permitted. 8. No retailing or operating a business from a storage unit is allowed onsite. 9. The applicant shall provide a hard surface (asphalt/concrete) on all interior driving areas within six months of this approval. 10. All utilities, including electric, cable television, telephone, gas, water, storm and sanitary sewers, except electric power lines exceeding 1200 volts, shall be underground [sec. 17.18 (1)(f) 4.] 11. The property shall be kept in a neat and orderly manner. 12. The applicant shall provide screening on the SE corner of the property, outside of the road right-of-way. The screening shall consist of two rows of evergreens (five total), 4 to 6 foot in height, 15 foot on center. 13. The cumulative onsite signage advertising the business shall not to exceed 100 square feet, and maximum height of 35 ft. This sign must be located a minimum of 10 ft. from all property lines. Any other signage must be approved by the zoning department and must strictly adhere to the St. Croix County Signage Ordinance. 14. This approval does not include storage of hazardous materials onsite. 15. Security lighting to be installed. Lighting must be illuminated downward and is to be shielded away from neighboring properties. (A light plan may be required, if warranted) 16. Any change (or addition) in use, or expansion of the project, including building, signage, shall require review and approval by the zoning administrator and in 4 some circumstances through the Special Exception approval process, where applicable, as stated in the ordinance. 17. The applicant shall have one (1) year from the issuance of the special exception permit to commence the construction activities. 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 the project. 18. 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. 19. 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: Nelson, yes; Luckey, yes; Krueger, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Article #1: Wendy DeGear Motion by Nelson, seconded by Krueger to approve the applicant's request for an 80-foot variance to the 500-foot setback requirements from a residence for a major home occupation in the Ag/Residential District based on the following findings: 1. The Board of Adjustment finds that the requirements have been met to grant the variance pursuant to Section 17.55(6)d of the St. Croix County Zoning Ordinance. 2. The Town of Star Prairie had no objections to the business being located on the property. 3. The variance being requested is minimal. There will still be 420-feet between the building and the neighboring residence. 4. The building being used for the home occupation is an existing building, and small in size (900 square feet). 5. There was no opposition to the request 6. There will be very minimal traffic associated with this business, and adequate parking is being provided. 7. The Board finds that not granting the variance would cause an unnecessary hardship. The request is reasonable and this variance will not cause angranting Y negative impact on the neighboring property owners. 8. The Board finds that by granting the variance, the spirit and intent of the ordinance will be met. The following vote was taken to approve: Golz, yes; Luckey, yes; Krueger, yes; Nelson, yes; Chairperson Speer, yes. Motion carried. Motion by Nelson, seconded by Krueger to approve the special exception request for a major home occupation in the Ag/Residential District and for a 24-foot off-premise sign stating directions to the property, based on the following findings: 1. The Board of Adjustment finds that the requirements have been met to grant the special exception request for a home occupation pursuant to Section 17.15(6)s and 5