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ST. CR O a C UN T Y Land Use
Planning & Land Information
~ Resource Management
Community Development Department
August 23, 2013 File Ref. #SE87938
Richard Miller I C ~ l C 0 p Y
Miller Transfer, Inc.
1263 Cty. Rd. TT
Roberts, Wl 54023
RE: NE'/4 of the NW 1/4, Section 27, T29N-R18W, Lot 3 of Certified Survey Map Vol. 25/Page 5847 in
the Town of Warren
Dear Mr. Miller:
The St. Croix County Board of Adjustment (Board) has reviewed your request for the following items:
Item #1: After-the-fact Special exception request for a contractor storage yard in the Ag Residential District
pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance.
Item #2: After-the-fast special exception request for filling and grading >I 0,000 sq. ft. in the Shoreland
Overlay District pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance.
After the hearing on August 22, 2013, the Board approved the special exception requests with conditions. The
enclosed document is the formal decision regarding the application.
You must obtain any other required local, state, and federal permits and approvals. Feel free to contact me
with any questions or concerns.
Sincerely,
Pamela Quinn
Land Use Specialist
Enclosures: Formal Decision
cc: Clerk, Town of Warren
Clerk/Treasurer, Village of Roberts
Jeff Durkee, St. Croix Co. Highway Dept.
Jim Devlin, WDNR
Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, W154016 Fax 715.386.4686
www.sccwi.us/cd d www.facebook.com/stcroixcountyw i cddCa@co.saint-Croix. wi. us
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FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN c C O P r
File Number: SE87938
Applicant: Richard W. Miller, property owner
Parcel Number: 27.29.18.416C20
Complete Application Received: July 1, 2013
Hearing Notice Publication: Weeks of August 5 and 12, 2013
Hearing Date: August 22, 2013
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 requests:
1. The applicant is Richard Miller, property owner.
2. The site is located at 1263 County Rd. TT, in the NE 1/4 of the NW 1/4, Section 27, T29N-Rl8W, Lot 3 of Certified
Survey Map Vol. 25/Page 5847 in the Town of Warren.
3. The Town of Warren Town Board submitted its recommendation for approval of these requests on Aubaust 20, 2013.
4. Jeff Durkee of the St. Croix County Highway Dept. reviewed the site plan and existing driveway locations. Based on
his comments, the Highway Dept. would be willing to issue the applicant a new County Highway commercial access
permit if the Board decides this property meets the definition of a commercial or industrial land use lot. The Board
makes no finding with regard to the property's land use.
5. The Wisconsin DNR reviewed and approved the applicant's stormwater management plan and issued a grading
permit in July 2013.
6. Steve Olson, CDD Resource Management Division, found the stormwater and erosion control plans to be consistent
with requirements in NR 151.
Item #1 (special exception for a contractor storage yard)
7. The applicant filed an application with the Board of Adjustment for an after-the-fact special exception permit to
operate a contractor's storage yard pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance.
8. 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. Per General Zoning definition in Section 17.09.47, a
contractor's storage yard is the outdoor portion of a lot or parcel, where a service contractor maintains a permanent
business office that is used to store and maintain service equipment and other materials customarily used by the
contractor. If permitted to be used in this manner, the entire lot would then be classified as a contractor's storage yard
and will be required to conform to all applicable zoning district standards and regulations.
9. An existing accessory building is used as a business office and shop, with paved parking areas that are screened on
three sides from adjacent properties. There are currently no sanitary facilities on this lot other than the POWTS that
serves the applicant's residence, but a separate POWTS will be installed to handle domestic wastewater from a
bathroom in the proposed truck storage building. A soil and site evaluation has been completed for the site that will
be used to design a compliant POWTS to accommodate employee sanitary facilities and treat domestic wastewater
only.
10. The applicant currently performs maintenance and/or repair of business equipment in the existing accessory building
and floor drains are planned for the proposed accessory building that wiIl be connected to an approved DNR holding
tank where trucks will be parked. With conditions requiring spill kits of sufficient size to be kept on site to clean up
accidental spills of potentially hazardous fluids and for maintenance and storage of equipment and vehicles on
impervious surfaces, this request will not negatively affect public health, safety and welfare of the neighborhood.
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11. The applicant proposes to add screening as viewed from the county road as required by Section 17.15(6Xd). With
conditions to maintain the property in a neat and orderly manner, this request will not substantially affect property
values.
12. Hours of operation shall be from 2:00 a.m. to 7:00 p.m with occasional operation between 7:00 p.m. and 2:00 a.m.
With conditions for traffic limited to employees during stated hours of operation, directing any lighting toward the
ground to prevent glare onto County Rd. TT, and 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 or excessive vehicle traffic. There will
be no dust (after paving), smoke or odors generated by this operation. Until the drive and parking areas are paved;
dust abatement measures must be taken to prevent dust from blowing across the road.
Item 42 (after-the-fact special exception for aradiw >10,000 sq. ft. within 300' of an OHWM in the Shoreland
overlav district)
13. The applicants filed an application with the Board of Adjustment for an after-the-fact special exception permit for
filling and grading an area exceeding 10,000 square feet in the Shoreland District of an unnamed pond for
construction of a driveway, an accessory structure, and a POWTS pursuant to Section 17.29(2)(d) of the St. Croix
County Zoning Ordinance.
14. The Wisconsin Department of Natural Resources Water Management was sent the special exception application for
review. An after-the-fact WPDES general grading and stormwater permit was issued in July 2013. With a condition
that the applicants comply with stormwater, sediment, and erosion control installation required in the DNR permit, the
request will be consistent with purposes stated in Section 17.26(3)7 for preventing shoreline encroachment by
structures and controlling shoreland excavation and other earth moving activities.
15. The purpose of structural setbacks in the Shoreland District further the maintenance of safe and healthful conditions
through limiting development to those areas where soil conditions will provide a safe foundation and to prevent and
control water pollution. The applicant has submitted a stormwater management and erosion control plan to the DNR
designed to control runoff from impervious surfaces and minimize erosion and sedimentation. With conditions for
implementation of the erosion control and stormwater management plans and for recording an affidavit referencing
the storm water management plan that includes installation of storm water control devices, this request will not violate
the spirit or intent of the St. Croix County Zoning Ordinance and will meet the requirements in Sections 17.70(7)(a)
and 17.70(b) of the Ordinance regarding potential negative impacts to water quality in the nearby ponds.
16. The site is located in the Shoreland Overlay District of a pond and navigable wetland. With conditions for
implementing and maintaining proper erosion control measures before, during and after land disturbance; limiting the
use of phosphorous fertilizers on the site, and enhancing the current level of native groundcover on the site -
particularly in the 35' vegetated buffer zone - this request will be consistent with the goals and objectives of the St.
Croix County 2012 - 2035 Comprehensive Plan aimed at controlling negative impacts from development and
conserving, protecting and restoring wetlands and their natural functions
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 requests, with the following conditions:
1. Approval of the special exception permit requests allows the applicant to operate a contractors' storage yard
using both an existing and a new accessory structure for their truck storage facility in the Ag Residential and
Shoreland overlay zoning districts. This approval does not include any additional structures, services, operations,
vehicles or employees not indicated in the approved plans.
2. Prior to commencing construction of the new building, the applicant shall secure any other required local, State,
or Federal permits and approvals including but not limited to a driveway permit from the County Highway Dept.
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3. The applicant shall plant evergreen 0 0
landscaping trees that screen the building and provide 80% opacity at
maturity set back from Cty. Rd. TT so as not to cause a visibility problem for traffic entering or exiting the
property, as close as practical to the proposed truck storage building. Native vegetation shall be planted and
maintained as an unmowed buffer zone at least 3 5' out from the wetland boundary as shown in the grading and
erosion control plan. Trees and buffer zone vegetation must be maintained.
4. Spill kits of sufficient size shall be kept on site. All business equipment and liquids (fuel, oil, fertilizer,
pesticides, etc.) shall be stored on impervious surfaces. Applicant shall provide evidence of proper permit for the
existing fuel storage tank. If leaks or spills occur, the spill will be contained, collected, and the absorbent material
properly disposed of so as not to pose an environmental or health hazard.
5. The applicant shall be responsible for keeping the property in a neat and orderly manner.
6. Hours of operation shall be from 2:00 a.m. to 7:00 p.m. with occasional operation between 7:00 p.m. and 2:00
a.m.
7. All lighting associated with the business shall be illuminated downward and shielded away from neighboring
properties and from Cty. Rd. TT to minimize glare.
8. No manufacturing, retail services, or other business services shall take place on this site.
9. Any minor change or addition to the project, including but not limited to hours of operation, 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.
10. 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.
11. Any new owners of the facility must adhere to the standards and conditions of the approved special exception
permit. Any change or addition in use of the property, buildings, and/or business; or modification of or addition
to the property, building, or facilities; or changes to the current project details shall require prior review by the
Zoning Administrator to determine if the use may be allowed and approval by the Board through the special
exception approval process, as stated in Section 17.18(12) of the Ordinance. The special exception decision
applies to the property rather than to the individual, is valid for the specific premises, and is not transferrable to
other properties per Article VII Section 4 of the Board of Adjustment Rules.
12. The applicants shall submit to the Zoning Administrator a cash compliance deposit in the amount of $1,100 to be
held by the Community Development Department until the construction project and storm water management
plan 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.
13. The Town of Warren 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 Article VII Section 6 of the St.
Croix County Board of Adjustment Rules.
14. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this
decision and has no objections if county staff conducts unannounced onsite inspections to check for compliance
with the conditions of this permit.
The following vote was taken to approve the request: Chairman Malick, yes; Peterson, yes; Sontag, yes; Nelson, yes;
McAllister, yes. Motion carries.
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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 Community Development 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. "Buck" Malick, Chairman
Date Filed: August 23, 2013
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