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S?. CROIX COUN-1
PLANNING & ZONING
February 29, 2008 File Ref: SE0154
Town of Glenwood
Attn: Joe Draxler, Town Chair
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1441 320" Street
Glenwood City, WI 54013
Re: St. Croix County Special Exception and Variance Requests
4680treti Parcel 10.30.15.172B, Town of Glenwood
715Code-A3866--4680
Land Information Dear Mr. Draxler:
Planning
715-386-4674
The St. Croix County Board of Adjustment (Board) has reviewed your special exception
and variance requests to construct a town shop building with a meeting room in the Ag
Real P rty
715 -4677 Residential District in the Town of Glenwood. After the hearing on February 28, 2008 the
Board voted to approve the application with conditions. The enclosed document is the
R.....: ~"'g formal decision regarding the application.
5-386-4675
Your must obtain any other required local, state, and federal permits and approvals.
ww. Please feel free to contact me with any questions.
Sincerely,
f
Jennifer Shillcox
Land Use Specialist/ Zoning Administrator
Enc: Decision
Cc: Clerk, Town of Glenwood
Steve Olson, St. Croix County Land and Water Conservation Department
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Sr CRO/X COUNTY GOVERNMENT CENTER
1 10 1 CARM/CHAEL ROAD, HUDSON, W1 54016 7153864686 FAx
PZCaC0.SA1NT-CR01X. W. US 1.VMV. CO.SAI NT-C ROIX. WI. U S
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FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File: SE0154
Applicant: Town of Glenwood
Parcel ID 10.30.15.172B
Complete Application Received: January 9, 2008
Hearing Notice Publication: Weeks of February 11 and 18, 2008
Hearing Date: February 28, 2008
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and reviewed the site the Board makes the following
general findings of fact and conclusions of law pertinent to the special exception request and both variance requests:
1. The applicant is the Town of Glenwood, property owner.
2. The site is located at 3099 160' Avenue in the SE'/4 of the SE'/4 of Section 10, T30N, R15W, Town of Glenwood,
St. Croix County, Wisconsin.
3. The Town of Glenwood is the applicant and as such has not submitted a recommendation.
4. As an adjoining property owner to the south, the Land and Water Conservation Department has submitted
concerns about the application. Specifically, concerns regarding the number of vehicles entering and exiting the
facility and the proximity of the driveway access to the crest of a hill, and the lack of off-street parking on the site
to accommodate the future needs of the public.
Special Exception Permit for Governmental Use
The Board makes the following findings of fact and conclusions of law pertinent to the special exception request for a
governmental use:
5. The applicant filed with the Planning and Zoning Department an application for a special exception permit to
construct a new town hall and shop in the Ag Residential District pursuant to Section 17.15(6)(u) of the St. Croix
County Zoning Ordinance.
6. The new proposed town hall and shop building will be located on a one-acre lot that has served as the town hall
site for 50 years. The lot currently features an existing shop building that was constructed on the site in 1960,
recycling facilities, and a paved parking area with the capacity for approximately 20 vehicles as estimated by the
Town Chair. The proposed 3,200 square foot building will replace the old schoolhouse building that had
previously served as the town hall and was recently moved to a different site this past fall. The proposed building
will have a shop area, meeting room, and one public restroom to support both shop activities and town hall
functions. Holding tanks and a geothermal heating system have already been installed for the new building on the
site.
7. This request would not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that a town
hall and shop is a reasonable and appropriate use in the Ag Residential District, which the property is currently
zoned. Its location near the center of the town just east of State Highway 128 and north of the Village of
Glenwood makes it accessible to residents. The site is small and has limited space for parking and traffic
circulation for the existing and proposed facilities. There does not appear to be land available on the site or on
surrounding properties to accommodate any additional parking. On-street parking would pose potential safety
hazards due to the steep terrain and road width. However, use as a town hall and shop has been established on the
site as a legal nonconforming use since 1958. According to the applicant, the intensity and frequency of shop
activities, recycling activities, and town hall functions on the site will not increase with the proposed
improvements. At the February 28, 2008 hearing, Joe Draxler, Town Chair, testified that the Town Board has an
agreement with the City of Glenwood City to use the fire hall for town meetings. He also testified that the town
would hold any functions with anticipated attendance of 20 people or more at the fire hall, not in the meeting
room of the proposed shop.
8. With conditions for installing erosion control measures, maintaining the current level of off-street parking and
prohibiting high-traffic activities at the site, and implementing the storm water plan, this request would not
negatively impact the health, safety, or welfare of the public, nor would it be substantially adverse to property
values for nearby residences. Only one full-time and one part-time employee will work on the site. Traffic will be
minimal and is not expected to have a detrimental impact on the road system.
9. With conditions for shielding light sources from adjacent properties, and planting native trees and shrubs to screen
and buffer adjacent residential property to reduce noise and visibility, this request would not constitute a nuisance.
10. Based on traffic estimates provided by the applicant that no more than 12 vehicles would be on the site at any
time and with conditions for maintaining at least 20 striped, off-street parking spaces in the existing 4,782-square
foot parking lot and prohibiting high traffic activities on the site, the applicant will meet the minimum parking
standards pursuant to Section 17.57(15) of the St. Croix County Zoning Ordinance.
11. The existing driveway on 160t" Avenue meets the 200-foot separation from the centerline of the intersection with
310"' Street. The driveway access is near the crest of a hill and abuts the driveway to the adjoining residential
property to the west. A second, nonconforming driveway access from 310"' Street had existed on the site, but was
eliminated as part of the site preparations for the new building and will not be used in the future.
12. The proposed building does not meet required road setback from 160'h Avenue or the rear yard setback. The
applicant has applied for variances to these standards (Items #2 and #3 of this application.)
13. No additional lighting is proposed as part of this application, except for lighting on the new proposed building.
14. The St. Croix County Land and Water Conservation Department has reviewed the revised storm water and
erosion control plans and finds that they meet the Department's concerns.
Variance to Road Setback
The Board makes the following findings of fact and conclusions of law pertinent to the variance to the road setback:
15. The applicant filed an application with the Board of Adjustment for a variance to construct a new town hall and
shop building that encroaches within the road setback of a town road pursuant to Section 17.60 6.a. of the St.
Croix County Zoning Ordinance.
16. The proposed building will replace the old town hall, which also encroached within the road setback. The
proposed building will be located 52 feet from the centerline of 160"' Avenue at its closest point, an encroachment
of approximately 31 feet within the County's 50-foot required setback from the right-of-way.
17. The primary public purpose of road setbacks is to protect the health, safety, and welfare of property owners and
citizens traveling on roads in the County. The applicant's lot is located at the intersection of two town roads with
minimal traffic, 160"' Avenue and 310"' Street. The intersection features four-way stop signs, so traffic on 160"'
Avenue adjacent to the site is slower than the posted speed limit of 55 miles per hour approaching and leaving the
intersection. Furthermore, the building site is on a slope and at a much higher elevation than the street, thus
reducing the probability of accidentally leaving the roadway and hitting the building. Because of the slope, the
building will not further restrict the visibility of drivers on the road.
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18. Literal enforcement of the provisions of the Ordinance would create an unnecessary hardship due to the unique
physical characteristics of the property. The lot size is small, measuring approximately one acre to the centerline
of two adjacent intersecting town roads. The compliant buildable area on the lot is less than 5,500 square feet
(minus the road right-of-way, road setback, rear yard setback, and side yard setback). The depth of this buildable
area between the required road and rear yard setbacks is narrow at only 24 feet, while the dimensions of the
proposed building are 48 feet x 60 feet. The east half of the lot also features a hill with slopes of approximately
20 percent, which further restricts the location and placement of the proposed building on the site with respect to
vehicular access to the shop. The small lot size and slopes are physical characteristics that were not self-created
by any actions of the property owners.
19. The applicant is requesting minimal relief from the standards in the Ordinance. The proposed town hall and shop
will occupy as much of the compliant buildable area as possible. The building will be placed at an angle of
approximately 45 degrees to 160"' Avenue, so only a corner of the building will encroach -31 feet within the
required road setback at its closest point. Another corner will encroach - 10 feet within the required rear yard
setback at its closest point. The proposed building configuration will not increase the total area of structural
encroachment within the required setbacks and will provide for better vehicular access than if the building were
positioned parallel to 1601h Avenue.
20. Substantial justice would be done by allowing the applicant to continue using the property for a town hall and
shop, which has been established as a legal, nonconforming use on the site for the past 50 years.
Variance to Rear Yard Setback
The Board makes the following findings of fact and conclusions of law pertinent to the variance to the rear yard setback:
21. The applicant filed an application with the Board of Adjustment for a variance to construct a new town hall and
shop building that encroaches within the rear yard setback in the Ag Residential District pursuant to Sections
17.15(5) and 17.13(5) of the St. Croix County Zoning Ordinance.
22. The proposed building will replace the old town hall and will serve as the main building on the site. The proposed
building will be located 15 feet from the rear lot line at its closest point, an encroachment of approximately 10
feet within the County's 25-foot required rear yard setback.
23. The primary public purpose of rear yard setback is to protect adjoining property values and the enjoyment of
adjoining property owners. The applicant's rear and west lot lines abut an existing farmstead. The proposed
building will be adjacent to a cow pasture along the rear lot line. The adjoining property owners have not
submitted comments or concerns objecting to the encroachment. With conditions for screening the structure with
native vegetation, this request would not negatively impact adjoining property values or the enjoyment of
adjoining property owners.
24. Literal enforcement of the provisions of the Ordinance would create an unnecessary hardship due to the unique
physical characteristics of the property. The lot size is small, measuring approximately one acre to the centerline
of two adjacent intersecting town roads. The compliant buildable area on the lot is less than 5,500 square feet
(minus the road right-of-way, road setback, rear yard setback, and side yard setback). The depth of this buildable
area between the required road and rear yard setbacks is narrow at only 24 feet, while the dimensions of the
proposed building are 48 feet x 60 feet. The east half of the lot also features a hill with slopes of approximately
20 percent, which further restricts the location and placement of the proposed building on the site with respect to
vehicular access to the shop. The small lot size and slopes are physical characteristics that were not self-created
by any actions of the property owners.
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25. The applicant is requesting minimal relief from the standards in the Ordinance. The proposed town hall and shop
will occupy as much of the compliant buildable area as possible. The building will be placed at an angle of
approximately 45 degrees to 160th Avenue, so only a corner of the building will encroach -31 feet within the
required road setback at its closest point. Another corner will encroach - 10 feet within the required rear yard
setback at its closest point. The proposed building configuration will not increase the total area of structural
encroachment within the required setbacks and will provide for better vehicular access than if the building were
positioned parallel to 160th Avenue.
26. Substantial justice would be done by allowing the applicant to continue using the property for a town hall and
shop, which has been established as a legal, nonconforming use on the site for the past 50 years.
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 is for the Town of Glenwood, property owner and applicant, to construct a new shop
in the Ag Residential District that encroaches no more than 31 feet within the road setback of 160th Avenue and
no more than 10 feet within the rear yard setback in accordance with the plans submitted, and as provided in the
conditions below. Approval for this special exception permit does not include any additional structures,
impervious coverage, or other activities.
2. The applicant shall be responsible for securing all necessary local, state, and federal permits and approvals.
3. Prior to commencing construction of the proposed building, the applicant shall implement erosion control
measures in accordance with the Wisconsin Department of Commerce document titled "Erosion Control for
Homebuilders Immediately upon completing construction, temporary ground cover shall be used until
permanent vegetation establishes.
4. Prior to commencing construction of the proposed building, the applicant shall submit to and have approved by
the Zoning Administrator a parking plan showing the number, size, design and layout of parking stalls. The
applicant shall be responsible for providing at least 20 striped, off-street parking stalls and accommodating
adequate off-street parking needs for all uses on the site in accordance with the St. Croix County Zoning
Ordinance. The Town of Glenwood shall post no-parking signs along both sides of 160"' Avenue extending from
the stop sign at 310"' Street west 100 yards past the property line. Any town events or activities for which traffic is
estimated to exceed the amount of off-street parking on the site shall be held at another location.
5. Prior to commencing construction of the proposed building, the applicant shall submit to and have approved by
the Zoning Administrator a landscaping plan to create a vegetative buffer at least 10 feet in width along the north
property line that includes native evergreen trees and shrubs at least six feet in height at the time of planting. The
buffer shall attain at least 80% opacity at maturity. Planting is not recommended along the south property line to
maintain visibility for traffic entering and exiting the site. The plan should include the species, size, and location
of all trees, shrubs, and groundcover to be planted on the site, as well as a timeline for the plantings and a
maintenance agreement to ensure that all vegetation establishes successfully and is maintained. This condition
shall be waived if the applicant submits to the Zoning Administrator a document signed by the adjoining property
owners to the north stating that they do not desire the vegetative buffer.
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6. Prior to commencing construction of the proposed building, the applicant shall submit to and have approved by
the Zoning Administrator an operation and maintenance agreement for the storm water pond. The applicant shall
record an affidavit against the property referencing the storm water pond and operation and maintenance
agreement, and submit a recorded copy of these documents to the Zoning Administrator at this time. The intent is
to make present and future Town Board members and property owners aware of the responsibilities and
limitations associated with retention and infiltration areas, and to ensure that they are regularly monitored to
function properly.
7. Prior to commencing construction of the proposed building, the applicant shall submit to and have approved by
the Zoning Administrator a surety in the form of a cash compliance deposit in the amount of $1,100 to be held by
the Zoning Administrator until the landscaping, site stabilization, and storm water management measures have
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.
8. The only driveway access to the site shall be from the existing access on 160`h Avenue.
9. No signs are approved as part of this permit, except those required by Condition #4. Any future signage shall
comply with the standards and permit requirements of the St. Croix County Sign Ordinance.
10. All lights on the site 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. Lights in the parking lot shall only be on during the hours of town
meetings and special events.
11. Refueling and vehicle maintenance involving fluids shall be conducted on an impervious and properly contained
surface.
12. No hazardous materials other than those associated with maintenance and use of the town vehicles and equipment
shall be used on the site. Any fuel or hazardous materials stored on the site must be stored in proper containers
and conditions in accordance with applicable state and federal standards.
13. General hours of operation for the town hall and shop shall not extend beyond 7:00 AM and 9:00 PM, with
occasional extended hours for annual meetings and other special events.
14. 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 matter shall be taken before the Board of Adjustment at a public hearing.
15. The property shall be maintained in a neat and orderly manner.
16. Within six months of completing construction of the entire project, the applicant shall submit to the Zoning
Administrator photos of all completed buildings, parking areas, storm water infiltration basins, lights, and
landscaping, and certification that everything has been constructed as designed and as approved by the Board.
17. The applicant shall contact the Zoning Administrator to review this special exception permit in two years from the
approval date (February 2010) 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
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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.
18. Any change in ownership of the property or change in project details - including but not limited to expansion,
signage, 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.
19. The applicant shall have one (1) year from the approval of this permit to commence construction and two (2)
years from the approval to complete the project. Failure to comply with the conditions of this approval within the
timeframes stipulated shall be grounds for revocation. If the special exception permit is revoked, the applicant
will be required to secure a new special exception permit.
20. 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: McAllister, yes; Struemke, yes; Luckey, yes; Chairperson Malick, yes. Nelson
was not present.
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.
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
s
Signed:
Date Filed: 02/29/08 Clarence W. Malick, Chairpers i
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882727
x rn t ee m o0 m T"1'l KATHLEEN H. WALSH
REGISTER OF DEEDS
at. Croix County S
T. CROIX CO., WI
Holding Tank Agroomen t RECEIVED FOR RECORD
10/19/2007 03:10PM
Plan rs t~56n r • HOLDING TANK AGREEMENT
EXEMPT t
rs L8t,~(u.~rta-~ -riwAal* P REC FEE: 11.00
Nome (Owner) Typed or prlxt*d PAGES: 1
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located' StCroix County, Wisconsin, reoordsd hl Voltartu S
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the abovadMdrlbed ovep" on a rsouter basis to reed avor inspect tits ►witer niter.
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