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HomeMy WebLinkAbout032-2019-60-075(6) ST. CROIX COUNTY WISCONSIN r r r r r■ - ZONING OFFICE ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680• Fax (715) 386-4686 December 18, 2001 Robert Hinton P.O. Box 37 Stillwater, MN 55082 Subject: Office Expansion for KuryAkyn USA Holdings. Dear Mr. Hinton: This letter confirms zoning approval according to the plan (drawings)submitted on December 5,2001 by Jamey Bowe of Architectural Design Group, Inc. Staff understands that KuryAkyn USA proposes to increase office space for its current personnel. Specifically,the drawings show the removal of an existing garage and the construction of the office addition along with seven parking spaces. It is important to note that the storm water and erosion control plans were approved by the St. Croix County Land and Water Conservation Department for the warehouse and parking lot expansion for this business on June 28, 2001. Staff finds that the proposal to expand office space at this location does not constitute a significant change to the existing commercial use and meets the spirit and intent of the St. Croix County Zoning Ordinance for the following reasons: • The parcel is zoned Commercial. • KuryAkyn USA Holdings received a special exception from the St. County Board of Adjustment on June 28, 2001 for a recent expansion. • This addition is a minor expansion. • This project will not change or increase the impervious surface. • The existing and proposed structures comply with the County setback standards for a Class B Highway. • The office expansion is for the current staff. • The proposal does not include additional employees. • All"new"exterior lighting must be illuminated downward along the building. • Architectural Design Group, Inc. are working on the design and state submittal. This approval does not include the addition of employees, and/or signage. Significant changes to the commercial use in the future will require the Board of Adjustment approval. You are responsible to obtain a building permit from the town. Please contact Brian Wert at 715-760-0027 regarding the procedure for obtaining a building permit. If you have questions relating to this matter, please do not hesitate to call. You can reach me at the number above, Monday—Friday, 8:00 a.m. —5:00 p.m. Sincerely, Rod Eslinger Zoning Specialist Cc: Jamey Bowe, Architectural Design Group, Inc. Mark Johnson, Derrick Construction Jim Hartwick, KuryAkyn USA file r ST. CROIX COUNTY WISCONSIN ZONING OFFICE `::�\ N�N a r■ rn�r. ST. CROIX COUNTY GOVERNMENT CENTER - 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 FAX (715) 386-4686 September 13, 2001 File Ref: 19-01 Humphrey Engineering 145 Main St. Woodville, WI 54028 Re: Board of Adjustment Decision Dear Applicant: The St. Croix County Board of Adjustment has reviewed your request to for a special exception to expand an existing business, on a commercial site in the Town of Somerset and has approved your request. The formal decision regarding this request is enclosed. Should you have any questions or concerns, please contact me. icer y,14 4 Steve Fisher Zoning Director dz Enclosure cc: Jeri Koester, Clerk-Town of Somerset w/enclosure Kuryakyn Holdings w/enclosure FINDINGS, CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY,WISCONSIN Case: 19-01 Complete Application Received: May 15, 2001 Hearing Notice Publication: Weeks of June 11 and 18, 2001 Hearing Date: June 28, 2001 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and reviewed the site, the Board finds the following facts: 1. The applicant is Kuryakyn Holdings, whose address is PO Box 37, Stillwater, MN. The commercial property is located at 448 Highway 35/64 in Somerset , Wisconsin. 2. An application was made for a special exception to expand an existing commercial business, Kuryakyn Holdings. 3. The property is located in the SE '/4 of the NW '/4, Section 5, T30N-R19W, Town of Somerset. 4. The Board of Adjustment found that this request conforms with the requirements granted under Section 17.18(1) of the St. Croix County Zoning Ordinance. 5. The Board finds that granting of this request will not be contrary to the public interest as expressed by the objectives of the ordinance. 6. The Board of Adjustment found that the spirit and intent of the ordinance will be met by granting this permit renewal. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicants request for a special exception expand the existing commercial business based on the following findings: 1. The Town of Somerset has approved of the request. 2. There were no objections. 3. The plans have been designed by a professional engineer. 4. This is a previously permitted commercial business on a commercial site. 5. There have been no complaints on the existing business. With the following conditions: 1. This special exception allows Kuryakyn Holdings to expand its current facility to include a larger warehouse and parking lot. 2. The applicant shall continue to comply with the terms of the previous special exception decision dated August 1, 1995. 3. Outdoor storage is not permitted. 4. Any proposed lighting is to be illuminated downward to eliminate light pollution onto neighboring properties. 5. The applicant must provide the Zoning Office with an as-built that is signed and sealed by a professional registered engineer, verifying that the storm water management pond was constructed as designed and approved by the St. Croix County Land and Water Conservation Department. 6. All disturbed areas shall be seeded, and mulched per approved plan by September 15, 2001. 7. The applicant shall provide a hard surface (asphalt/concrete) on all interior driving areas within six months of the completion of the project. 8. One (1) sign is allowed with total signage area not to exceed 100 square feet. This sign must be located a minimum of 10 feet 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. 9. Applicant to maintain a minimum of one parking space for each two employees and one parking space for each 200 square feet of retail ground floor area plus at least one additional parking space for each 500 square feet of upper floor area. (Note: 37 parking stalls are required by ordinance and the applicant will have 85 parking stalls when the project is completed.) 10. The applicant shall allow free and unlimited access to the project site at any reasonable time to any Zoning Office employee who is overseeing the project construction, operation, or maintenance. 11. The applicant shall secure all necessary town approvals, including compliance with any building code issues. 12. The Zoning Office is to be notified at the--start and the finish of the project. 13. The applicant shall have one (1) year from the issuance of the Special Exception permit to act on the Special Exception permit. Failure to commence business operation in this period shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before commencing the business operation. 14. Any minor changes (or additions) in expansion of the project, including the facility plan, signage, lighting, grading, and parking, shall require review and approval by the Zoning Director. Any major change and/or addition to the originally approved plan will go through the Special Exception approval process, where applicable, as stated in the ordinance. 15. 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: Rose, yes; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. 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(l 0), 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, which is available from Northwestern Court Reporters, Hudson, Wisconsin. It is the responsibility of the Board of Adjustment to submit its record (file)of this matter to the circuit court. 2 ZONING BO RD OF ADJUS ENT Signed � \ hairperso Date: 09/13/01 Attest Date: 09/13/01 rec I 3 BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES June 28, 2001 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A role call was made. Julie Speer, Tom Rose, Rich Peterson and Nick Golz were present. Dick King was excused. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, and Deb Zimmermann, Administrative Assistant. Chairperson Speer believes this to be a properly noticed meeting. Motion was made by Golz, second by Rose to adopt the agenda. Motion carried. The Board set the next meeting date as July 26, 2001. The starting time will be 8:30 a.m. The meeting will be held at the Government Center. Motion by Peterson, second by Rose to approve minutes from the May 24, 2001 meeting. All in favor. Motion carried. Chairperson Speer informed everyone that Article#6 for today has been canceled and will be re-scheduled for the July 26th meeting. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available if needed. 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, June 28, 2001, 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: Special Exception request for rock riprapping for shoreline protection in the Lower St. Croix Riverway District pursuant to Section 17.36(6)(a)3. The request is to install rock riprapping at the toe of the hill to repair, stabilize and prevent further erosion on the applicant's property on the St. Croix River. APELLANT: Thomas M. Schmitt LOCATION: Located in Government Lot 2 of Section 13, T28N-R20W, Town of Troy ADDRESS: 262 East Cove Road, Hudson, Wisconsin 2. ARTICLE: Special Exception request for a Governmental Use in the Ag/Residential District pursuant to Section 17.15(6)(u). The request is to construct a new town hall in the Town of Warren. APELLANT: Town of Warren/ Rich Meyer, Town Chairman LOCATION: Located in the SW1/4 of the S W'/4 , Section 28,T29N-R18Wand the NW '/4 of the NW '/4, Section 33, T29N-R18W, all in the Town of Warren ADDRESS: Off of 112th Street , Roberts, Wisconsin 3. ARTICLE: Special Exception request for an arts and music festival in the Industrial District pursuant to Section 17.19(1). The request is for approval for a one-day arts and music festival on August 4, 2001 from 8:00 p.m. to 3:30 a.m., and includes a light show. The site of the request is the former Nike "Missile Base". APPELLANT: James Zeller, Greystone Real Estate LOCATION: Located in part of the SW % of the NW % and part of the NW 1/4 of the SW /4 of Section 3, T29N-R18W, Town of Warren ADDRESS: 1120/ 1140 120TH Street, Roberts, Wisconsin Fiber Optic relay facility h the 4. ARTICLE: Special Exception request to locate a F p y ty Agricultural District pursuant to Section 17.14(6)(c). The request is by AT&T Corporation to construct a building to house related equipment associated with the amplifier facility. APPELLANT: Owner: Eldon N. Johnson/Agent: AT&T Corporation LOCATION: Located in the NW %of the SW %of Section 2, T28N-R1 7W, Town of Rush River ADDRESS: The SE comer of 1-94 and 190`h Street, Hammond Wisconsin 5. ARTICLE: Special Exception request for an expansion of an existing business in the Commercial District pursuant to Section 17.18(1). The request is by Kuryakyn Holdings to construct an addition onto the existing warehouse, which includes additional office space. APPELLANT: Kuryakyn Holdings/ Humphrey Engineering LOCATION: Located in the SE %of the NW % and part of the NE % of the SW %of Section 5, T30N-R1 9W, Town of Somerset ADDRESS: 448 Highway 35/64, Somerset, Wisconsin 6. ARTICLE: Special Exception request for a Telecommunications Tower in the Agricultural District. Request is by APT Minneapolis, Inc. to construct a 185-foot monopole telecommunications tower pursuant to Section 17.85(2). APELLANT: APT Minneapolis, Inc./ Owner: William and Opal Haase LOCATION: Located in the SW % of the SW %, Section 5,T31 N-R1 9W, Town of Somerset ADDRESS: 3242301h Avenue, Somerset, Wisconsin. 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 Article One: Thomas Schmitt Eslinger explained this request is for a special exception permit for a rip rap project on the St. Croix River. The project would include approximately 135 feet of riprap along the shoreline to remedy an erosion problem along the shoreline and to stabilize the slope. The application has been reviewed by the Land and Water Conservation Department and they are working with Mr. Schmitt to take care of some concerns that they have with the project. The Department of Natural Resources has issued a permit and the Town of Troy has given verbal approval of the application. 2 The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application and narrative,with photographs Exhibit 3: Copy of site plan Exhibit 4: Copy of DNR application and permit Exhibit 5: Army Corps of Engineers Public Notice Exhibit 6: Copy of zoning map Exhibit 7: Letter from the Land and Water Conservation Department Tom Schmitt, being duly sworn, stated that the staff report is complete and he agrees with the information given to the Board. The Board asked Schmitt to address the concerns raised by the Land and Water Conservation Department. Schmitt stated that he would be bringing in the material and accessing the site by barge. He is not sure when that will happen, due to the high water on the river. His contractor is very experienced in projects like this, and will work with Land and Water on the project. Schmitt will be submitting a more detailed plan to the LWCD. The plan is to use limestone boulders, as that type of rock is natural to the area. It was suggested by the Board that the riprap should be at least 696-feet, rather than 693-feet, as the flood waters have been very high over the past few years, and this may alleviate the chance of having to riprap again in the near future. There was no one in opposition of the request. Fisher added that the applicant has been approved for all of the proper permits from the DNR and the Army Corps and has met the requirements necessary for the project. He believes that the concerns raised by the Land and Water Conservation Department are to"fine tune"the plan. The Board will view the site. Article Two: Town of Warren/ Rich Meyer Eslinger told the Board that this request is for a special exception permit to allow the applicant to construct a town hall and community center in the Town of Warren. He explained that all governmental uses must have a special exception permit. This land is located approximately 100 to 110-feet from the ordinary high water mark of Twin Lakes and the town is working with Tiry Engineering on stormwater management and erosion control measures to address runoff issues from parking areas. Eslinger went over the letter from the Land and Water Conservation Department with the Board. The following Exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Copy of application with narrative and attachments Exhibit 3: Letter to the Clerk of Warren from zoning Exhibit 4: Letter from the DNR Exhibit 5: Letter from the LWCD Exhibit 6: Zoning map Exhibit 7: Engineered plans for the project. Bruce Elliott, being duly sworn, is a supervisor for the Town of Warren. He addressed the runoff issue, stating that there will be a collection facility put in place to deal with this. A discussion was held on the driveway issue and it has been determined that a Chapter 30 permit is not needed from the DNR. The town will be getting a letter from the DNR. A question was raised on Twin Lakes and the fact that it is used for the discharge from the wastewater treatment plant in the Village of Roberts. Keith Solimar, being duly sworn, owns property exactly east of this property. He is concerned about the pollution in the lakes that is already there, and does not want to see it become more polluted. Staff stated that they are concerned as well, and engineered plans have been drawn up to take care of 3 this issue. The staff reviewed the site plans with the Board, noting that the proposed ball fields and boat launch are not shown on the map. Eslinger added that the septic system for the project has been approved by the state, and the building plans will be reviewed by the state, as well. Eslinger presented a videotape of Article#1 and #2 to the Board for them to view. The Board will view the site. Article Three: James Zeller, Greystone Real Estate Eslinger told the Board that this request is for a special exception to allow a one-day Arts and Music Festival and light show in the Town of Warren at the old Nike Missile Site. This site is zoned Industrial. Eslinger went over the staff report with the Board, pointing out that this application has not yet received approval from the Town of Warren, and according to the ordinance, the Town needs to give approval before the Board can act on the request. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application and narrative including maps of the proposed festival. Exhibit 3: Site plan Exhibit 4: Letter from the Town of Warren (read into the record) Exhibit 5: Zoning map � Eslinger told the Board that there were some concerns brought up by the town and the building inspector with regard to the exits that are in place in the underground silo bunkers. The spectators would be listening to the music in these bunkers, and there were questions raised about the safety of moving that many people out of the underground area in case of an emergency. Mark Gruhot, being duly sworn, is the coordinator for the Arts and Music Festival. He stated that he has over 20 years of experience in putting on these festivals and it is very professionally done. They do shows like this weekly in the summer. In addressing the exit concerns, he stated that he would not put anyone in danger, and believes that there are enough exits, and they are wide enough to accommodate four people across on each step. They would be willing to build an extra stairway if the Board feels it is needed. Gruhot went on to explain the festival to the Board, stating that they plan to use only two of the three silos, with room for 300 to 350 people in each silo. There would be concessions, art and music on the site. All beverages would be non-alcoholic. He explained the light show, stating that it would be contained within the complex. He does not believe there would be a noise problem, as the music would be contained within the underground silos. With regard to security issues, ambulance and police, they have spoken briefly with the Town of Warren and do not believe this would be a problem. Also, they have a security company that they use that has worked with them over the years and are very experienced. He added that they have a one million-dollar liability policy, but will increase that amount if the Board sees a need to do so. Advertising for the event is done through the internet, word of mouth, and flyers. The plan is to have the festival on August 4th Gruhot stated that they went to the Warren Town Board in May and believe they were fairly well received, but a decision was not made. They understood that they needed to come to the County as well, and wanted to get approval from the County before going back to the Town. He believes the Town is waiting to hear what the County decides. 4 Dora Rohl, being duly sworn, is a member of the Warren Town Board. She told the Board that the Town of Warren is not excited about this festival. They have concerns about safety, security and ambulance/paramedic availability. Bob Rapt, being duly sworn, spoke on behalf of the neighbors in the area of this location. Everyone that he has talked with is in opposition of the request. They have concerns with noise, hours proposed for the festival, number of people attending and traffic issues. Eslinger showed a videotape of the site. Jay Tappe, being duly sworn, told the Board that this festival is not a rockfest and is very controlled. Most of the music is jazz, brass, or D.J.'s, and brings in a different crowd than a rockfest. They have never had a problem with their crowd. There may be as many as 20 to 30 vendors showing artwork. They would be willing to lessen the hours of the festival, if the Board wishes. Discussion held. The Board would like to tour the site, and look at the silos where there are concerns on the exits. They will visit the site. The Board recessed from 10:10 a.m. to 10:25 a.m. Article Four: Eldon Johnson/AT &T Corp. Eslinger told the Board that this is for a fiber optic facility (substation) on the Eldon Johnson property. Earlier this year, Touch America located a facility at this site, and now AT& T would like to put a substation on this property, as well. Eslinger went over the staff report with the Board. This site is approximately 'h mile from the closest residence and is quite remote and well screened. No plumbing or water facilities are needed. The building will be 29.5-feet by 48.5-feet and will be a prefabricated concrete building, and all plans have been designed by a professional engineer. The site has sufficient space for the building. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application with narrative Exhibit 3: Copy of site plan Exhibit 4: Zoning map Carl Rowlands, being duly sworn, is with McClure Engineering and is representing AT&T. They are putting in these amplifiers about every 50 miles, and thought this would be a good place, as there is already one there, and it is a secluded site. Have plans for fencing and screening. Rowlands shared site plan with the Board. If the Board feels more screening is needed, they will comply with that request. They are scheduled to be heard by the Town on July 10tH There was no one in opposition. Eslinger showed the Board a videotape of the site. The Board will visit the site. Article Five: Kuryakyn Holdings Eslinger said that this request is for a special exception to expand an existing business in the Commercial District. The applicant is asking to expand his building to construct a warehouse addition for additional storage space and to add onto the parking lot. Kuryakyn Holdings is a distribution center for motorcycle accessory parts. The business will employ 45 full and part time employees. 5 The applicant has worked with Humphrey Engineering to design the stormwater management and erosion control plan for the site. The Department of Commerce has approved the building plans and sanitary system. The parking lot will increase by 36 spaces and will be paved with asphalt. The lighting plan shows lights to be located above the loading docks on the proposed warehouse expansion. No new signage is proposed and hours of operation will remain the same. The Town of Somerset has approved the request. The Land and Water Conservation Department has approved of the plans. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application with attachments and narrative Exhibit 3: Erosion control plans Exhibit 4: Calculations a drainage plan Exhibit 5: Site lighting plan Exhibit 6: Copy of state approval for building and septic system Exhibit 7: Town of Somerset approval Exhibit 8: Zoning map Exhibit 9: Letter from the LWCD Eslinger added that the applicant, engineer and contractor have been very good to work with and have addressed all concerns. The adjacent properties are ag/residential. The residential property to the west accesses their property through the existing parking lot, which is a grandfathered access. The facility meets all required setbacks. Troy Nemers, being duly sworn, is with Humphrey Engineering and stated that all concerns of the Land and Water Conservation Department have been addressed. Jim Hartwick, being duly sworn, is representing Kuryakyn Holdings. He reiterated that the lighting on the building will be illuminated downward, and is there for security purposes. There will be approximately 47 full and part time employees. Some only work 3 to 4 hours/day. He explained that they have been very busy and need more storage as they are over capacity. Greg Meitzing, being duly sworn, is the property owner that shares the driveway and accesses through to his property through the parking lot. He is in favor of the expansion. He stated that there is a woods in between the business and his lot, and it is very well screened. Eslinger showed the Board a videotape of the property. The Board will visit the site. The Board recessed from 11:20 a.m. view the sites. Decisions The Board reconvened at 1:45 p.m. to render decisions. Article One: Thomas Schmitt A motion was made by Golz, second by Peterson to approve the request for a special exception permit for a riprap project on the St. Croix River based on the following findings: 1. The project is needed to protect the property and the shoreline. 2. A permit from the DNR has been obtained. 3. The Town of Troy has approved the request. 6 4. The request will comply with the requirements of the Land and Water Conservation Department. 5. The spirit and intent of the ordinance will be met by granting the request. With the following conditions: 1. The applicant shall submit the information as identified in Land and Water Conservation Department's letter dated June 21, 2001 to the Zoning Office for final approval. 2. The applicant shall work with the Zoning Staff and Land and Water Conservation Staff during this project to insure that the plans are implemented as designed. 3. The minimum height for the riprap will be 697-feet. Final height to be determined at time of construction. 4. Limestone rock is to be used in the project. 5. The applicant is to notify the Zoning Office at the commencement and completion of the project. 6. Comply with all DNR and Army Corps of Engineers requirements and obtain any permits necessary. 7. The applicant shall.have one (1)year from the issuance of the Special Exception permit to act on the Special Exception Permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before commencing the rock riprap project. 8. Any minor change (or addition) in expansion of the project, shall require review and approval by the Zoning Director. Any major change and/or addition to the originally approved plan will go through the special exception approval process, where applicable, as stated in the ordinance. The following vote was taken to approve: Rose, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Article Two: Town of Warren A motion was made by Peterson, second by Golz to approve the applicant's request for a special exception for a permit to construct a town hall and community center in the Ag/Residential District based on the following findings: 1. The Town of Warren approves of the request. 2. The Town of Warren citizens are in favor of the use and the proposed location. 3. The plans for the request have been designed by a professional engineer. 4. The concerns of the Land and Water Conservation Department will be met before construction, or any earth moving, begins. 5. The engineered plan submitted addresses the pollution control and sediment delivery. With the following conditions: 1. Before this decision is final, all of the information as requested in the Land and Water Conservation Department's letter dated June 21, 2001 must be review and approved by Zoning and Land and Water Conservation Departments. 2. The applicant shall follow the engineered plans as submitted and approved. 3. The applicant must provide the Zoning Office with an as-built that is signed and sealed by a professional registered engineer, verifying that the storm water management pond was constructed as designed and approved by the St. Croix County Land and Water Conservation Department. 4. This approval allows the Town of Warren to construct the Town Hall/Community Center and parking area. 5. This approval does not include the installation of a boat launch, dock, ball fields, or grading for the proposed walking trails. These would require additional review 7 and approval from the Board of Adjustment. If grading exceeds limits stipulated in the ordinance, further approval is required by the Board of Adjustment. 6. The applicant shall secure state approval for the Town Hall/Community Center from the Department of Commerce. 7. Any proposed lighting is to be illuminated downward to eliminate light pollution onto neighboring properties. Box lighting is preferred. 8. Parking • The applicant shall provide a dust free surface for the parking lot area. A plan identifying the dust free surface shall be submitted to the Zoning Office for approval prior to commencing construction. • Applicant to maintain a minimum of one parking space for each seven (7) seats. one ace each four 4 persons • Public Parks and playgrounds shall provide p ( ) p designed to be accommodated. 9. The applicant shall have one (1) year from the issuance of the Special Exception permit to act on the Special Exception permit. Failure to commence business operation in this period shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before commencing the business operation. 10. Any minor changes (or additions) in expansion of the project, including the changes to the designed plans, signage, lighting, grading, and parking, shall require review and approval by the Zoning Director. Any major change and/or addition to the originally approved plan will go through the Special Exception approval process, where applicable, as stated in the ordinance. 11. 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: Peterson, yes; Golz, yes; Rose, nq Chairperson Speer, yes. All in favor. Motion carried. Article Three: Greystone Real Estate, Jim Zeller Motion by Rose, second by Golz to table the request for a special exception permit to conduct an Arts and Music Festival in the Industrial District for the following reasons: 1. As stipulated in the ordinance, any use in the Industrial District shall only be allowed as a special exception if approved by the Board of Adjustment, and with approval of the town board of the affected town. At this time, the Town of Warren has not approved the request. 2. The Board would like to see a test run on noise levels from within the silos on the property. 3. Number of vendors to be determined. 4. An agreement to be reached with the ambulance and fire department, as well as contact to be made with the Sheriffs department for traffic control. 5. The Board would like justification for hours of this event lasting until 3:30 a.m. 6. The Board wishes to personally visit the site and tour the inside grounds and silos. 7. The insurance policy to be increased to $10 million. 8. Fire Marshal to conduct a safety check on the property. The following vote was taken to table: Rose, yes; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Article Four: Eldon Johnson/AT&T Corp. Motion by Rose, second by Golz to approve the request for a special exception permit to locate a fiber optic amplifier facility in the Ag District based on the following findings: 8 1. The plans for the project were designed by a professional engineer. 2. The request complies with the standards of the ordinance. 3. The facility is being co-located on an existing, pre-approved site. 4. The request serves a public need. 5. The spirit and intent of the ordinance will be met. With the following conditions: 1. The applicant shall follow the plans submitted in the application. (Maintain building setbacks for all structures) 2. The applicant shall submit an adequate perimeter-landscaping plan to the Zoning Director for approval. 3. The applicant must secure a town building permit prior to commencing site preparation. 4. All exterior lighting must be illuminated downward along the building and is to be shielded away from neighboring properties. 5. Any minor change or addition to the project, including but not limited to installation of the fiber optic substation and related equipment, shall require review and approval by the Zoning Director prior to making the change or addition. Any major change and/or addition to the originally approved plan will go through the special exception approval process, where applicable, as stated in the ordinance. 6. The applicant shall have one (1) year from the issuance of the special exception permit to commence construction. 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 construction on the project. The following vote was taken to approve: Peterson, yes; Golz, yes; Rose, yes; Chairperson Speer, yes. Motion carried. Article Five: Kuryakyn Holdings Motion by Golz, second by Peterson to approve the request for a special exception permit to expand an existing business in the Commercial District based on the following findings: 1. The Town of Somerset has approved of the request. 2. There were no objections. 3. The plans have been designed by a professional engineer. 4. This is a previously permitted commercial business on a commercial site. 5. There have been no complaints on the existing business. With the following conditions: 1. This special exception allows Kuryakyn Holdings to expand its current facility to include a larger warehouse and parking lot. 2. The applicant shall continue to comply with the terms of the previous special exception decision dated August 1, 1995. 3. Outdoor storage is not permitted. 4. Any proposed lighting is to be illuminated downward to eliminate light pollution onto neighboring properties. 5. The applicant must provide the Zoning Office with an as-built that is signed and sealed by a professional registered engineer, verifying that the storm water management pond was constructed as designed and approved by the St. Croix County Land and Water Conservation Department. 9 6. The all disturbed areas shall be seeded, and mulched per approved plan by September 15, 2001. 7. The applicant shall provide a hard surface (asphalt/concrete) on all interior driving areas within six months of the completion of the project. 8. One (1) sign is allowed with total signage area not to exceed 100 square feet. This sign must be located a minimum of 10 feet 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. 9. Applicant to maintain a minimum of one parking space for each two employees and one parking space for each 200 square feet of retail ground floor area plus at least one additional parking space for each 500 square feet of upper floor area. (Note: 37 parking stalls are required by ordinance and the applicant will have 85 parking stalls when the project is completed.) 10. The applicant shall allow free and unlimited access to the project site at any reasonable time to any Zoning Office employee who is overseeing the project construction, operation, or maintenance. 11. The applicant shall secure all necessary town approvals, including compliance with any building code issues. 12. The Zoning Office is to be notified at the start and the finish of the project. 13. The applicant shall have one (1) year from the issuance of the Special Exception permit to act on the Special Exception permit. Failure to commence business operation in this period shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before commencing the business operation. 14. Any minor changes (or additions) in expansion of the project, including the facility plan, signage, lighting, grading, and parking, shall require review and approval by the Zoning Director. Any major change and/or addition to the originally approved plan will go through the Special Exception approval process, where applicable, as stated in the ordinance. 15. 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: Rose, yes; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Other Business A discussion was held on Board of Adjustment appointments. Greg Timmerman joined the group. A brief explanation and clarification of the Board of Adjustment role was given. Fisher will present the issue on appointments to the Administration Committee and report back to the Board. Motion by Peterson, second by Golz to adjourn at 3:50 p.m. Motion carried. Respectfully submitted: ich Peterson, Secretary Debbie Zimm rm nn, Recording Secretary 10