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HomeMy WebLinkAbout02-28-13 Board of Adjustment ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, February 28, 2013 8:30 a.m. Government Center, Hudson, Wisconsin -County Board Room AGENDA A. CALL TO ORDER/ ROLL CALL B. OPEN MEETING LAW STATEMENT C. ACTION ON PREVIOUS MINUTES D. DATE OF NEXT MEETING: March 28, 2012 E. UNFINISHED BUSINESS F. PUBLIC HEARINGS 1. Brian and Lucia Bell, Special exception application for a stairway in the Riverway. 2. Udder Lee Dairy, Inc, Darren Lee, Special exception application for a home occupation ATV repair business in an accessory structure. 3. Derivative Developments, LLC, Special exception application for an indoor recreational facility. G NEW BUSINESS H. ANNOUNCEMENTS AND CORRESPONDENCE L ADJOURNMENT (Agenda not necessarily presented in this order.) SUBMITTED BY: St. Croix County Community Development Department DATE: February 7, 2013 COPIES TO: County Board Office County Clerk Board Members News Media/Notice Board * CANCELLATIONS/CHANGES/ADDITIONS PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, February 28, 2013, at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following requests under the St. Croix County Zoning Ordinance. The Board may view the sites in question, after which the Board will deliberate and vote on the request. SPECIAL EXCEPTIONS AND VARIANCE APPLICANT: Brian and Lucia Bell AGENT: Joseph Kinney LOCATION: Section 13, T28N, R20W, Town of Troy ADDRESS: 314 North Cove Road, Hudson WI 54016 REQUEST: 1.) Special exception application for a stairway in the Riverway pursuant to Section 17.36 F.3.a.3 and 17.36 H. 12. 2.) Variance application to access a legal non-conforming structure. APPLICANT: Udder Lee Dairy Inc. AGENT: Darren Lee LOCATION: NE Y4, NE1/4, Section 21, T29N, R16W, Town of Baldwin ADDRESS: 90th Ave., west of 240th Street REQUEST: Special exception application for a home occupation ATV repair business in an accessory structure in Ag-Residential zoning district pursuant to Section 17.155(6)(a) APPLICANT: Derivative Developments LLC AGENT: Robert Kaufman LOCATION: SW Y4, NW Y4, Section 10, T31 N, R18W, Town of Star Prairie ADDRESS: 1120 Old Mill Rd. REQUEST: Special exception application for an indoor recreational facility in a Commercial zoned district pursuant to Section 17.18 (9)(n) All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the St. Croix County Community Development Department, Hudson, Wisconsin at (715) 386-4680. Clarence W. Malick, Chairman St. Croix County Board of Adjustment BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES February 28, 2013 CALL TO ORDER: The meeting was called to order by Chairperson Clarence (Buck) Malick at 8:30 a.m. ROLL CALL - Members Present: Sue Nelson and David Peterson Jerry McAllister and Joe Hurtgen were absent and excused. STAFF PRESENT: Kevin Grabau, Code Administrator; Alex Blackburn, Zoning Specialist; Pam Quinn, Zoning Specialist; Steve Olson, Conservation and Land Use Specialist; Bonita Clum, Recorder. Staff confirmed to the Board that this was a properly noticed meeting. ACTION ON PREVIOUS MINUTES: Approved the minutes as they were provided. DATE OF NEXT MEETING: There will not be a meeting in March. The date of the next meeting is set for Thursday, April 25, 2013, at 8:30 a.m. in the County Board Room of the Government Center in Hudson. PUBLIC HEARINGS: Application #1: Brian and Lucia Bell, Application for a stairway in the Riverway. Blackburn presented the application and staff report. Staff is recommending approval. Chair Malick questioned whether the river was wider than one half mile at this point. Alex confirmed that the river is wider at this point and the stairway would not have an impact on river flowage. Blackburn handed out Exhibit # 8 which is a letter from the Town of Troy with a little more information on it than the original letter which was included in the packet. Chair Malick asked questions regarding the rails and the dock. Blackburn responded with the dock would meet with the DNR codes. Nelson asked why the shed would be considered non-conforming. Chair Malick stated the shed was built before the ordinance was created. The shed would be grandfathered in. Chair Malick asked if anyone would like to speak in favor of this application. Lucia Bell, owner of property, signed an oath and spoke in favor of application. Ms. Bell assured the Board that their goal is to make the stairway safe. The stairway will be built in the same footprint as the old one. Chair Malick asked if chairs in the picture are part of a patio. Ms. Bell stated that chairs were on the beach, but she takes them off the beach for the winter. Joe Kinney, working with the Bells on the design of the stairway, signed an oath and spoke in favor of the application. Mr. Kinney just wants to clean up the stairway, make it safe and keep it inconspicuous from the river. The stairway will be constructed in the same footprint as the current stairway. There were no other comments made in favor or in opposition. Page 1 of 4 Application #2: Udder Lee Dairy, Inc. Application for home occupation ATV repair business in an accessory structure. Quinn presented the application and staff report. Staff is recommending approval. Chair Malick asked if all business will be conducted inside the building. Chair Malick also asked how many employees are allowed under this ordinance. Quinn verified that one additional employee is allowed under this ordinance. Chair Malick asked if anyone would like to speak in favor or opposition of this application. Darren Lee, owner of application signed an oath and spoke in favor of the application. Lee confirmed that all conditions are ok with him. He has already taken steps to assure compliance. Nelson asked if there were any dairy cattle on this land. Lee stated that the dairy is owned by his father and there are currently no animals on the property. Olson asked a question regarding the septic system. Lee stated that he was not going to have a bathroom in the shop. There is a floor drain for any water runoff. Chair Malick asked about the floor drain. Quinn stated that the floor drain would need to be in compliance with the DNR. There were no additional questions for Mr. Lee. Chair Malick asked if we have the knowledge to approve a plan for the floor drain. Quinn stated that they would need a sanitary permit pulled or maybe a building permit which would be inspected and approved by the DNR. Chair Malick is concerned about how we would state these requirements in our conditions. Grabau and Quinn both have ideas on how to word this information in the conditions before approval would be obtained. Don Johnson, Baldwin Town Board Member, signed an oath and spoke in favor. Mr. Johnson stated the Planning Committee and Town Board are in favor of this business. There were no other comments made in favor or in opposition. Chair Malick closed the hearing. Application #3: Derivative Development, applications for an indoor recreational facility. Quinn handed out additional exhibits. Chair Malick advised what those exhibits are. (More information available in file). Quinn presented the application and staff report. Staff is recommending approval. Chair Malick asked what exactly Derivative Development would like to do inside the building. Quinn stated they have a long list of activities including motorcycle and midget car races, and tractor pulls. Nelson asked if they would be limited to the activities listed on the document. Chair Malick asked for the staff recommendations. Quinn feels we need to look at how to address the Town's issues like noise level and hours of operation. Peterson asked since the erosion problem keeps reoccurring how this issue can be fixed. Olson feels this can definitely be fixed and maintained. Grabau added that now that there is only one owner, it should make it much more manageable. Chair Malick wonders if they are currently out of compliance, being previous conditions have not been completed. Chair Malick has concerns about testing of air quality and noise level. Grabau stated that Ed Thurman, from County Health Dept. has test kits that can measure these levels. Chair Malick asked if anyone would like to speak in favor or opposition of this application. Page 2 of 4 Scott Counter, signed an oath and spoke of concerns. The Town of Star Prairie has made every effort to get out to the public, in the area, to get their thoughts and issues. The Town is just making recommendations at this point. Chair Malick stated the approval of the Town Board is required, per the zoning ordinance. The Town Board is not against the approval of this request, with the understanding that all conditions must be met. Counter also would like the speedway to be responsible for monitoring indoor air quality and give a report back. The Town would also like to have the capability and authorization to do spot checks to insure air quality. Noise limits have been a primary concern of neighbors of up to two miles. There is no sound barrier between the building and the neighbors. Counter does not want to sound negative as the speedway does bring lots of people into the areas, which in turn are using our hotels, stores, restaurants, etc. Counter feels we just need more management. Gerald Odegard, neighbor, signed an oath and spoke of concerns. Odegard lives right next door to the speedway. Odegard states that the speedway is not meeting the conditions they have agreed to. Odegard says this arrangement is for an indoor arena and should be kept indoors. Heavy machinery work is being done after hours and during hours of operation. Odegard feels that the road is not wide enough and was not made for heavy machinery. Trees were supposed to be planted to buffer the noise, Odegard stated trees were planted, but they died and were never replaced. Odegard is not against the speedway business; he has tried to work with the owner and the Town; Town sent him to the County. Odegard feels that nothing is being done to try to fix this. Odegard just wishes the conditions for operations were addressed and enforced. Peterson asked if a sound fence like they put on a freeway might work. Odegard thinks that would be great, he would like to hear birds again. There were no other comments made in favor or in opposition. Board recessed for break at: 10:55 a.m. Board reconvened from break at: 11:00 a.m. DECISIONS: After reviewing the material in the record, the Board rendered the following decisions. Application #1: Special exception for Brian and Lucia Bell, Application for a stairway in the Riverway. Motion by Malick, 2nd by Nelson to approve with 13 Findings and 11 Conditions. Motion carried unanimously. (Specifics on file in the Zoning Office) Application #2: Udder Lee Dairy, Inc. Application for home occupation ATV repair business in an accessory structure. Motion by Nelson, 2nd by Peterson to approve with 10 Findings and 15 Conditions Motion carried unanimously. (Specifics on file in the Zoning Office) Application #3: Derivative Development, applications for an indoor recreational facility. Motion by Peterson, 2nd by Malick to approve temporary permit and delay further actions until the Page 3 of 4 May meeting. Motion carried unanimously. (Specifics on file in the Zoning Office) Chair Malick adjourned the meeting at 12:00 p.m. Respectfully submitted, Sue Nelson, Secretary Bonita Clum, Recording Secretary February 28, 2013 Page 4 of 4