Loading...
HomeMy WebLinkAbout030-2049-40-000 (2) Parcel #: 030-2053-80-000 04/02/2014 03:54 PAGE 1 OF F 1 1 Alt. Parcel M 27.30.20.533B 030-TOWN OF SAINT JOSEPH Current [X ST. CROIX COUNTY,WISCONSIN Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units 00 0 Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner O-SIEBENALER, ROBERT,GARY J &MARGARET ROBERT,GARY J& MARGARET SIEBENALER 1321 HWY 35 N HUDSON WI 54016 Property Address(es): *=Primary * 1356 HWY 35 Districts: SC=School SP=Special Type Dist# Description SC 2611 SCH DIST OF HUDSON SP 1700 WITC Notes: Legal Description: Acres: 0.000 SEC 27 T30N R20W LOT 1 BLK 3 EXC W 90 FT EXC .005ACRES TO HIGHWAY AS IN 781/578 Parcel History: Date Doc# Vol/Page Type 07/23/1997 982/214 WD 07/23/1997 687/161 Plat: *=Primary Tract: (S-T-R 40%16o,/.) Block/Condo Bldg: *02-022-HOULTON 27-30N-20W 3 LOT 1 2014 SUMMARY Bill#: Fair Market Value: Assessed with: 0 Valuations: Last Changed: 05/11/2011 Description Class Acres Land Improve Total State Reason RESIDENTIAL G1 0.000 37,500 42,300 79,800 NO Totals for 2014: General Property 0.000 37,500 42,300 79,800 Woodland 0.000 0 0 Totals for 2013: General Property 0.000 37,500 42,300 79,800 Woodland 0.000 0 0 Lottery Credit: Claim Count: 1 Certification Date: Batch M 543 Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 f j 2 � \ � 7 ~ 2 & , /j k 8W f ~$ R §c G \ � 4 L &E kj § ! $ } 2�% a £E - \ (D \ qjk 7 « Qk � « % ° z ® E ( Z z R \ 2 r- n w § a In C14 e m [ § � 0 z k \ U) � \ / CY 2 � � ) ) ƒ 0 6 Q ) k ) / \ k ( a 7 g £ La CL 0 _ƒ C', ( k o o a ) k / k k k CL D - $ : / a a a « Bk U) -j u ; \ CF) \ 2 : nom ¢ � $ a E I G Q \ K § 2 @ a % < . o = 4 z m R ■ % ' j ; . © - - Q \ § - 2 ` \ 7 7 m ƒ § © a 1c . E E M � § ) E 1 � c a a f I / 2 ~ k \ (D 2 - o % § U) 0 2 # k k x j / RE « $ ' § 2 . � - � - _ : " CL » w a \ k a § / J a 2 \ o U) J Parcel #: 030-2049-40-000 08/12/2009 10:23 AM PAGE 1 OF 1 Alt. Parcel#: 27.30.20.512A 030-TOWN OF SAINT JOSEPH Current X ST. CROIX COUNTY,WISCONSIN Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units 00 0 Tax Address: Owner(s): 0=Current Owner, C=Current Co-Owner 0-SIEBENALER, ROBERT& MARGARET ROBERT& MARGARET SIEBENALER 1321 HWY 35 N HUDSON WI 54016 Districts: SC=School SP=Special Property Address(es): '=Primary Type Dist# Description '48 13 AVE SC 2611 HUDSON r' SP 1700 WITC Legal Description: Acres: 3.800 Plat: N/A-NOT AVAILABLE SEC 27 T30N R20W PT GL 5 LYING SW OF HWY Block/Condo Bldg: 35, NWLY OF A LN BEG SWLY LN HWY 385.15 FT S OF N LN GL 5 WLY ON DEFL>99 DEG Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4) TO RT 286.8 FT; DEFL>TO RT 12 DEG 27-30N-20W 122.9 FT; DEFT> 1 FT 143.3 FT:TH DEFL > LEFT 12 DEG 24'325 FT TO ELY SHORE more... Notes: Parcel History: Date Doc# Vol/Page Type 07/23/1997 1127/377 WD 07/23/1997 611/274 07/23/1997 482/462 2009 SUMMARY Bill#: Fair Market Value: Assessed with: 0 Valuations: Last Changed: 07/09/2004 Description Class Acres Land Improve Total State Reason RESIDENTIAL G1 3.800 220,000 100,400 320,400 NO Totals for 2009: General Property 3.800 220,000 100,400 320,400 Woodland 0.000 0 0 Totals for 2008: General Property 3.800 220,000 100,400 320,400 Woodland 0.000 0 0 Lottery Credit: Claim Count: 0 Certification Date: Batch#: Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 a 0 °� 'rr N � c o a ° ° @ E a vomao ia�� ° O N ° E O C N M @ o @ N Cc':,,�U 0 �U n c 0 ap wop U o m � 3 t 3 _ c n� ° N f0 y UUU a w. :0 60 �w N EM N.L.•Q� C 03- O 3 c @ I O y ° Z -_O C C W C O= M M C pO LL N C, O C W O U N co U. E 0 cn C O �s o a N O Q)C) r C N '@ � O O O C C73 U ll N U @ M a j 0 w ° `o E Z .. L ° o (L m N ° Z a C U O N d 2 ? c � N r 0) O i c E co 0 co o� Q o ° Z m Z NI � I .. d co N 0 d 06 CL m V N N = W O (D �, ° a) ooa a� b� E 8 >° I � F- o > • _@ � a a a CN 00 co a ova ° O N N Co O O '� C � m a 06 cn 0) `N w 4) r) ►� C O �i N N += °0 3 H o E O ° Q o o � Cn 0 00 5 Lr O' N_ I— d U O O O l TYrr �' � L cn c6 N w N N v O "t O � C co co C M M CN N N •r, ,, O O N m m U O N fnI fn N T 2 2 cn V cr y tv a rV ate+ a C A U a ! 0 in U ST CROIX C UNTY 2007 bile Rel': SEOI,l Au g ust 24 Robert and Margaret Siebenaler 1356 Main St. Houlton,WI 54082 Re: St. Croix County After-the-Fact Special Exception Requests Parcel#: 27.30.20.512A,Town of St.Joseph Code Administrate 715-386-4680 Dear Mr. and Mrs. Siebenaler: Land Information Planning The St. Croix County Board of Adjustment (Board) has reviewed your application for the 715-386-4674 : following activities on the property referenced above in the Town of St. Joseph: Real Property 715M M-4677 Item #1: After-the-fact special exception permit for filling and grading less than 10,000 square feet in a slope preservation zone that does not directly face the river Rop,cling and does not drain directly to the river in the Lower St. Croix Riverway District 5-386-4675 pursuant to Section 17.36 F.3.a.(4) of the St. Croix County Zoning Ordinance. Item #2: After-the-fact special exception permit for filling and grading within 40 feet of a slope preservation zone in the Lower St. Croix Riverway District pursuant to Sections 17.36 F.3.a.(5) of the St. Croix County Zoning Ordinance. After the hearing on August 23, 2007, the Board voted to approve both 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. Please feel free to contact me with any questions. Sincerely, , ennifer Shillc x Land Use Specialist/Zoning Administrator Eric: Decision Cc: Clerk, Town of St. Joseph Carrie Stoltz, St. Croix County Code Enforcement Techiiician Steve Olson, St. Croix County Land and Water Conservation Department Dan Baumann, Wisconsin Department of Natural Resources ST.CR01x COUNTY GOVERNMENT CENTER 1 101 CARMICHAEL ROAD,HUDSON, Wi 54016 715386-4686 FAx PZC)C0.SA/,1%T-640/X.WI.U.S �NVV�V.C. SAIVT-CRGI;<.�`J:.li:= adverse to property values in the neighborhood, • will not constitute a nuisance by reason of noise,dust,smoke,odor or other similar factors, and • will meet the filling and grading standards pursuant to Section 17.36 H.5 (a-b) of the St. Croix County Zoning Ordinance. 7. The Town of St. Joseph Town Board recommends approval of this request provided the Board of Adjustment concludes that there is sufficient current plantings to hold the sandy soil in place during a heavy rain, and that there is no concern about erosion down the bank. The Board of Adjustment concludes that the current plantings are not sufficient and that there are concerns about erosion down the bank. 8. The St. Croix County Land and Water Conservation Department has reviewed the application and visited the site, and has provided comments that several trees have fill placed at the base and up the trunk,which will affect their chances of survival if not removed as soon as possible,and that several of the species listed in the proposed vegetation plan are not native to the area. Department staff also indicated that in the applicants' attempt to address erosion occurring on the site, they did not address the existing storm water problems other than creating a flat area for the storm water to infiltrate, and in the process created other erosion problems. Department staff recommends that the applicants create storm water features to account for the runoff from all existing impervious coverage on the site to mitigate site conditions. 9. The Wisconsin Department of Natural Resources has reviewed the plans and visited the site. Department staff verified that a Chapter 30 permit is not required,and provided comments that if the applicants complete the plan for restoration as laid out by the County,the Department of Natural Resources has no issues moving forward with after-the-fact approval. Department staff recommends that site stabilization is the most critical aspect of this project, and that erosion control could be improved. 10. At the hearing, letters from the adjoining property owner to the north, Phillip Brooksbank, and the adjoining property owner to the south, Jane McCarthy, were submitted for the Board's consideration. Mr. Brooksbank requested that the dirt and debris pushed onto his property be removed, erosion control on his property be removed and rebuilt and maintained completely off his property, and that dirt be removed from around the tree trunks of trees on both sides of the property line.Ms. McCarthy stated concerns about the care and maintenance of sandy banks and trees. i DECISION On the basis of the above Findings of Fact, Conclusions of Law,and the record herein,the Board approved the special exception request,with the following conditions: 1. This after-the-fact special exception approval allows the applicants to address erosion, sediment, and storm water problems in and within 40 feet of a slope preservation zone as indicated in the plans submitted, and as provided in the conditions below. Approval does not include any additional filling and grading, structures, vegetation removal, or other activities. 2. The applicants shall be responsible for securing all necessary local, state, and federal permits and approvals. 3. The Town of St. Joseph or any other interested party may request a reconsideration of this decision 15 days prior to the next regularly scheduled Board of Adjustment meeting in accordance with the St. Croix County Board of Adjustment Rules and By-Laws. 4. The applicants shall be responsible for maintaining and supplementing the existing silt fencing and straw bales until the disturbed area is successfully stabilized with permanent, self-sustaining native vegetation. 2 f FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY,WISCONSIN File: SE0131 Applicants: Robert and Margaret Siebenaler,property owners Parcel#: 27.30.20.512A Complete Application Received: July 2,2007 Hearing Notice Publication: Weeks of August 5 and 12,2007 Hearing Date: August 23,2007 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony,considered the entire record herein,and reviewed the site,the St.Croix County Board of Adjustment makes the following findings of fact and conclusions of law: 1. The applicants are Robert and Margaret Siebenaler,property owners. 2. The site is located at Government Lot 5, Section 27,T30N,R20W,Town of St. Joseph, St. Croix County, WI. 3. On May 11, 2007, County staff members conducted a site visit and veri fied that the applicants were in violation of the St. Croix County Zoning Ordinance for conducting filling and grading activities on their property in the Lower St.Croix Riverway District without obtaining the necessary special exception permits. On .tune 1. 2007. County staff conducted another site visit with staff from the Wisconsin Department of'Natural ReSOUI"CCS to determine what actions would be needed to bring the property into compliance and restore the site. The applicants have installed silt fencing and straw bales to control erosion, and planted vegetation to stabilize the site. 4. The applicants filed an application with the Board of Adjustment for after-the-fact special exception permits for filling and grading less than 10,000 square feet in the Lower St. Croix Riverway District in slope preservation zones that do not directly face the river and do not drain directly to the river pursuant to Section 17.36 F.3.a.(4) and for filling and grading within 40 feet of a slope preservation zone in the Lower St. Croix Riverway District pursuant to Section 17.36 F.3.a.(5)of the St. Croix County Zoning Ordinance. 5. County staff members conducted additional site visits in July and August after the applications for after-the-fact special exception permits were submitted, and observed fill piled around the bases of mature native hardwood trees(including burr oak,white oak,red oak, ironwood, and walnut trees), erosion and sediment problems along the top of the bluff, dead and dying vegetation in the disturbed area, and erosion control measures that are not being maintained.When the Board of Adjustment visited the site on August 23, 2007, it was apparent that the silt fence was not functioning properly, sediments from the disturbed soil had passed through the silt fence and onto adjoining property owned by Phillip Brooksbank, some straw bales had fallen down the slope, It gullies had formed along the north face of the slope preservation zone, and vegetative cover had not established successfully. The Board members also observed a white 3-inch PVC pipe that appeared to be discharging down the slope toward the Brooksbank property. Fill also appeared to extend onto slopes over 25 percent in some areas,which is prohibited pursuant to Section 17.12(10)of the St. Croix County Zoning Ordinance. 6. The applicants property features steep,heavily wooded slopes, ravines, and sandy soils that all drain toward the St. Croix River. The filling and grading activities on the site have increased the potential for erosion and sedimentation problems and damaged numerous mature native hardwood trees. With conditions for properly maintaining the erosion control measures until the site is fully stabilized with self-sustaining,permanent native vegetation; removing fill from the bases of mature trees; restoring native trees, shrubs, and groundcover on and within 40 feet of the slope preservation zone; and submitting a storm water management plan to account for all existing impervious coverage on site;this request: • will not violate the spirit or general intent of the Lower St. Croix Riverway District pursuant to Section 17.36 B.l.a.(1-6)of the St. Croix County Zoning Ordinance, • will not negatively impact the public health, safety or general welfare of the public,nor will it be substantially r 13. These conditions may be amended or additional conditions may be added if unanticipated circumstances 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 proper notice to the applicant and an opportunity for a hearing. 14. Accepting this decision means that the applicants and all property owners have read,understand,and agree to all conditions of this decision. The following vote was taken to approve: Chairperson Malick,yes; McAllister,yes;Nelson, yes; Struemke, yes. Luckey was not present. 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 §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 al I 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 Signed: Clarence W.Mali ,Chairpers Date Filed: 08/24/2007 4 I 5. Within 20 days of this approval,the applicants shall submit to and have approved by the Zoning Administrator a revised storm water management plan prepared by a registered professional as identified in Section 17.36 H.7.b. of the St. Croix County 'Zoning Ordinance designed to minimize erosion and sedimentation and to infiltrate 100 percent of the storm water volume from all existing impervious coverage on the site in accordance with the St. Croix County Zoning Ordinance. The plan must be implemented and completed within 20 days of obtaining administrative approval of the plan. On all slopes of 25 percent and greater as measured over a horizontal distance of 50 feet,the applicants shall remove till to restore the original grade prior to the grading and filling activities. Restoration shall occur in a rnatiner that does not compromise the health and integrity of existing trees. Upon approval from Phillip Brooksbank, the applicants shall also be responsible fOr removing,all dirt and edllnen! from the disturbed soil that had passed through the silt fence and onto adjoining property o�N ned by the Brooksbanks, and shall remove the silt fence that extends onto the Brooksbank property and properly reinstall it on their property. 6. Within 20 days of this approval,the applicants shall submit to and have approved by the Zoning Administrator a revised vegetation management plan for the disturbed areas in and within 40 feet of the slope preservation zone. Within this area,the applicants shall plant native trees, shrubs, and groundcover suited for the soil conditions on the site in compliance with the vegetation management standards in Section 17.36 H.B. of the St. Croix County Zoning Ordinance. All trees planted within this area shall be at least two inches Diameter at Breast Height(DBH) and placed no more than 12 feet apart and staggered parallel to the river and ravine. The applicants shall implement and complete the vegetation management plan immediately upon approval by the Zoning Administrator(as weather allows). 7. Within 30 days of this approval,the applicants shall remove the excess fill from around the bases of existing mature hardwood trees, and notify the Zoning Administrator when this has been completed. 8. Within 30 days of this approval,the applicants shall submit to the Zoning Administrator a Compliance Deposit in an amount equal to the application fee to be held by the Zoning Administrator until all conditions of this approval have been met, at which time the deposit will be refunded in full. 9. Within 30 days of obtaining approval from the Zoning Administrator,the applicants must record an affidavit against the property referencing the approved storm water management plan and vegetation management plan with the County Register of Deeds, as well as operation and maintenance agreements for both to ensure that storm water measures maintain long-term infiltration and that all vegetation establishes successfully and is maintained long-term. The applicant must also submit a copy of the recorded affidavit to the Zoning Administrator at this time. The intent is to make future owners aware of the responsibilities incurred in maintaining the storm water measures and native vegetation. 10. The applicants shall not use phosphorous fertilizers to establish and maintain a lawn or other any other vegetation on the disturbed area of the site, unless a soil test confirms that phosphorous is needed. 11. Any change or addition to the project shall require prior review and approval by the Zoning Administrator, who may determine that the proposed change or addition must go back to the Board of Adjustment through the special exception approval process. 12. The applicants shall complete all restoration work on the site to the satisfaction of the Zoning Administrator within the timeframes stipulated above. Failure to do so within these timeframes shall result in the expiration and/or revocation of this special exception permit. Prior to expiration and/or revocation,the applicants may request extensions of up to two weeks from the Zoning Administrator. The total time granted for extensions shall not go beyond November 15, 2007. 3 Application#2 Todd Domino—Special Exception The applicant requested an after-the-fact special exception permit for a contractor's storage yard on a 5.47-acre parcel in the Ag-Residential District in the Town of Troy. Staff presented the application and the staff report. The Town of Troy Town Board recommended approval of the request. St. Croix County Land and Water Conservation Department did not need to review the application. Staff recommended approval of the request based on nine findings of fact and conclusions of law. Terry Domino, father to the property owner, signed an oath and spoke in favor to the request. He stated that Todd Domino will maintain all the current screening and will work with adjoining property owners to screen the storage yard. Tamera Seibel, adjoining neighbor to the west, signed an oath and spoke in opposition to the request. She stated that over time she has witnessed stuff accumulate on the Domino property. When pulling up to the Seibel driveway, she can see the pile of stuff on his property. When Seibel's were building their house, they could have built on top of the hill on their parcel,but chose to build in a nestled corner of the lot to keep secluded. Now they listen to the noise of the garbage truck emptying the dumpster in the early morning. Pine trees and buckthorn currently screen the storage area from the Seibel property,but the Seibel's are removing the buckthorn and can see the yard from their second-story window. She would like to see the special exception denied. John Seibel, adjoining neighbor to the west, signed an oath and spoke in opposition to the request. He has owned adjoining property for 10 years. Mr. Domino put in an illegal second driveway and it was removed after Seibel complained. The storage yard is completely out of the view for Mr. Domino,but is completely visible from the Seibel property. A pp lication #4 Robert and Mar aret Siebenaler—After-the-Fact Special Exce tions The applicants requested an after-the-fact special exception approval for filling and grading that was done this spring on a 3.80-acre lot they own in the Lower St. Croix River-way District in the Town of St. Joseph. Staff presented the application and the staff report. The Town Board of St. Joseph recommended approval of the request provided the Board of Adjustment concluded there is sufficient current plantings to hold the sandy soil in place during a heavy rain, and that there is no concern about erosion down the bank. St. Croix Land and Water Conservation Department reviewed the application and visited the site. They provided comments that several trees have fill placed at the base and up the trunk, which will affect their chances of survival if not removed as soon as possible, and that several of the species listed in the proposed vegetation plan are not native to the area. They indicated that in the applicants' attempt to address erosion occurring on the site, they did not address the existing storm water problems other than creating a flat area for the storm 2 BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES August 23,2007 The meeting was called to order by Chairperson Buck Malick at 8:35 a.m. A roll call was made. Chairperson Buck Malick, Sue Nelson, and Jerry McAllister were present. Chuck Struemke arrived at 8:45 a.m. Linda Luckey was absent and excused. Staff included: Jenny Shillcox,Zoning Specialist;Kevin Grabau, Code Administrator; Steve Olson, Land and Water Conservation Department; Carrie Stoltz, Code Enforcement Technician and Becky Eggen, Recorder. Chairman Malick asked if there were any objections or concerns about proper notice from the audience and having heard none, the Board could assume the meeting was properly noticed and advertised. The next meeting for the Board is scheduled for Thursday, September 27,2007 at 8:30 a.m. in the County Board Room of the Government Center in Hudson. Chairperson Malick opened the meeting. Testimony was taken and recorded by Laurel S. Dean, court reporter from Q &A Court Reporters. Application # 1 Bernard Kopp and Joe Gustafson—Special Exception The applicants are Bernard Kopp,property owner, and Joseph Gustafson, Pain Management Acupuncture of St. Croix. The applicants requested a special exception permit to operate an acupuncture clinic in an existing building owned by Bernard Kopp in the Commercial District in the Town of Richmond. Staff presented the application and the staff report. The Town of Richmond informed staff that the Town Board members discussed the matter at their meeting on August 13, 2007 and they did not object to the request. St. Croix County Land and Water Conservation Department reviewed the application and had no comments provided the applicants maintain and monitor all permanent drainage easements and storm water facilities as required by Condition#6 of the Board of Adjustment's approval dated December 1, 2005. The Wisconsin Department of Transportation reviewed the application and had no comments except to reiterate that direct access to State Highway 65 will eventually be eliminated and access to the site will be from a future town road to the north as indicated in the CSM. This issue was addressed in the special exception permit approved for Mr. Kopp on December 1, 2005. Staff recommended approval of the request based on 15 findings of fact and conclusions of law. No one testified in favor 0 or in opposition to the request. i but the applicants have not filed the transcripts or taken any further action on the appeal. The case will remain active for one year, after which time the judge may dismiss it if no further action is taken. The restraining order will remain valid until a final court decision is made on the appeal. No one testified in favor or in opposition to the request. Lowell&Virginia Rivard Trust&The Kraemer Company,LLC—Reconsideration Rivard Stone, Inc. requested a reconsideration of the conditions approved following the July 26, 2007, decision by the St. Croix County Board of Adjustment. Motion by Struemke, second by Nelson to reconsider. Motion carried unanimously. Chair Malick invited anyone present to speak to the request. Buck Sweeney, attorney for the Kraemer Company, signed an oath and spoke in favor to the reconsideration. He believes that the Board had some confusion between the expansion of the Rivard Quarry and Rivard Stone and referenced several court cases that specifically addressed nonconforming nonmetallic mining operations. The nonconforming use of Rivard Quarry was approved back in 2002 and nothing has changed with the use. He asked that the Board look at the nonconforming use status when looking at the reconsideration. Micheal Feist,Micabren Acres,LLC & Riding Meadows,LLC Motion by McAllister to revoke special exception permit for a horse boarding facility, second by Malick. Motion carried unanimously. The Board recessed for site visits at 9:43 a.m. The Board reconvened at 12:35 p.m. Minutes Motion by Nelson to adopt the amended minutes, second by Struemke. Motion carried unanimously. Decisions After hearing the testimony and reviewing the material in the record, the Board rendered the following decisions: 4 water to infiltrate. In the process, other erosion problems were created. They recommended that the applicants create storm water features to account for the runoff from all existing structures on the site to mitigate site conditions. The Wisconsin Department of Natural Resources reviewed the plans and visited the site. They verified that a Chapter 30 permit is not required, and provided comments that if the applicants complete the plan for restoration as laid out by the County, the Department of Natural Resources had no issues moving forward with the after-the-fact approval. They recommended that site stabilization is the most critical aspect of the project and that erosion control could be improved. i Staff recommended approval of the request based on nine findings of fact and conclusions of law. Carrie Stoltz, Code Enforcement Technician,verified that she investigated the initial complaint and has been out to the Seibenaler property numerous times to monitor the situation. She has observed problems with the erosion control measures that she would like the Board to address. No one testified in favor or in opposition to the request. Application# 6—Michael Feist,Micabren Acres,LLC & Riding Meadows,LLC— Special Exception Revocation The Board held a public hearing to consider revoking an existing special exception permit approved by the Board of Adjustment on October 26, 2006, for Micabren Acres, LLC pursuant to Section 17.71(6)(a) of the St. Croix County Zoning Ordinance. Staff handed out a revised staff report that was revised on August 22, 2007, after staff s meeting with St. Croix County Corporation Counsel. Chairperson Malick confirmed that the revised staff report replaced the staff report that the Board received in the mail. Staff presented the staff report. On October 26, 2006, the Board of Adjustment approved two special exception permits allowing the applicant to operate a horse boarding, training, and breeding facility(Item #1) to exceed one animal unit per acre (Item #2). On March 23, 2007,the Board of Adjustment held a public hearing to consider revoking both permits due to the applicant's failure to comply with the conditions of the permits. At the hearing, the Board voted to revoke the permit for exceeding one animal unit per acre and tabled its decision on the permit for the horse facility for two months to allow the applicant additional time to meet the outstanding conditions related to that permit. The Board identified specific actions to be taken and documentation to be provided by the applicant within this two-month timeframe to satisfy those conditions. During that time, Planning and Zoning staff initiated enforcement action to bring the number of animal units into compliance with the St. Croix County Zoning Ordinance. The applicant filed an appeal of the Board's decision to revoke the special exception permit for exceeding one animal unit per acre in circuit court, as well as a restraining order against the County taking any action to physically require any animal unit to be removed from the premises. The St. Croix County Corporation Counsel has transmitted the record to the circuit court, 3 8. With conditions for maintaining adequate off-street parking and maintaining the storm water capacity of the site,the standards would be met to grant the special exception permit for the proposed acupuncture clinic pursuant to Section 17.18(1)(a- 0 of the St. Croix County Zoning Ordinance. 9. The proposed acupuncture clinic would meet several goals and objectives of the St. Croix County Development Management Plan including locating commercial development where suitable conditions exist,pursuing quality of life that will attract and retain quality businesses and employment,promoting the growth of existing businesses and the development of new businesses in the County, and diversifying the County's economy. 10. The existing parking lot has space for 14 off-street painted parking stalls,which will provide sufficient off-street parking to accommodate both the existing business and the proposed clinic as required by Section 17.57 of the St. Croix County Zoning Ordinance. The required off-street parking for 2,187 square feet of professional office space is 11 parking stalls(1 stall/200 square feet). 11. The existing building and parking lot meet current road setbacks from State Highway 65 pursuant to Section 17.60 of the St. Croix County Zoning Ordinance. 12. No signage or additional lighting is proposed for the site as part of this application. Any signage for the business will require a land use permit and must comply with the St. Croix County Sign Ordinance. 13. The Town of Richmond Town Board members do not object to this request. 14. The St. Croix County Land and Water Conservation Department has reviewed the application and has no comments provided the applicants to maintain and monitor all permanent drainage easements and storm water facilities as required by Condition#6 of the Board of Adjustment's approval dated December 1, 2005. 15. The Wisconsin Department of Transportation has reviewed the application and has no comments except to reiterate that direct access to State Highway 65 will eventually be eliminated and access to the site will be from a future town road to the north as indicated in the CSM included in the application packet.This issue is addressed in the special exception pen-nit approved for the property owner on December 1, 2005. With the following conditions: 1. This special exception permit is for Pain Management Acupuncture of St. Croix, an acupuncture clinic, to operate out of an existing office building in the Commercial District as indicated in the plans submitted, and as provided in the 6 Application# 1 Bernard Kopp and Joseph Gustafson—Special Exception Motion by McAllister, second by Nelson to approve the special exception request to operate an acupuncture clinic in an existing office building in the Commercial District in the Town of Richmond based the following findings of fact and conclusions of law: 1. The applicants are Bernard Kopp,property owner, and Joseph Gustafson,owner of the proposed business,Pain Management Acupuncture of St. Croix. 2. The site is located on Highway 65 in Section 23,T30N,RI 8W,Town of Richmond, St. Croix County, Wisconsin. 3. The applicants filed with the Board of Adjustment an application for a special exception permit for an acupuncture clinic in an existing office building in the Commercial District pursuant to Section 17.18 (1) of the St. Croix County Zoning Ordinance. 4. The existing building,business, driveway access,parking lot,landscaping,lighting, signage, and storm water management measures on the site were approved as part of the special exception permit request for New Horizon Homes, Inc. on December 1, 2005 and have been constructed in accordance with the approved plans. The property owner has complied with all of the conditions of the special exception permit, except for submitting an as-built drawing of the site and recording an affidavit for the storm water facilities against the property as required by Conditions #6 and#14 of the original special exception permit.The property owner has been notified of these outstanding conditions and has submitted a response for the Board's consideration. 5. This request would not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that a professional office use is a reasonable and appropriate use in the Commercial District,which the property is currently zoned. The proposed clinic would be compatible with existing adjoining commercial and residential uses in the area, and the site is located south of the City of New Richmond on State Highway 65 and accessible to clients. 6. 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 or businesses. According to the applicants, anticipated traffic is not expected to increase substantially. 7. With conditions for shielding any future light sources to prevent glare onto adjacent properties and for limiting noise and hours of activity on the site,this request would not constitute a nuisance by reason of noise, dust, smoke, odor, or other similar factors. The proposed acupuncture clinic is a professional office use that will not produce any noise or odors. The site is surrounded by predominantly commercial uses, and is screened from existing adjacent residential uses with a row of evergreen trees. 5 v' 10. All buildings and property shall be maintained in a neat and orderly manner, with no outside storage. 11.The applicants shall contact the Zoning Administrator to review this special exception permit in two years from the approval date(August 2009) for compliance with the conditions of this approval. 12. Any change or addition in ownership of the businesses,type of business, or project details—including but not limited to expansion, signage, landscaping, or lot/access changes—shall require review and approval by the Zoning Administrator and in some circumstances through the special exception approval process as stated in the Ordinance. 13. The applicants shall have one(1) year from the issuance of the special exception permit to commence use of the site for the proposed clinic. Failure to do so shall result in expiration of the special exception permit. If the special exception permit expires before the business commences,the applicants will be required to secure a new special exception permit before starting the project. The applicants may request extensions of up to six months not to exceed a total of one year from the Zoning Administrator prior to the expiration of the permit in the event that additional time is needed to secure other required permits and approvals. 14. These conditions may be amended or additional conditions may be added if unanticipated circumstances arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not amended or added without notice to the applicants and a public hearing. 15. Accepting this decision means that the applicants and property owners have read, understand, and agree to all conditions of this decision. Motion carried unanimously. Application #2 Todd Domino—Special Exception Motion by McAllister, second by Struemke to approve an after-the-fact special exception permit for a contractor's storage yard in the Town of Troy based on the following findings of fact and conclusions of law: 1. The applicant is Todd Domino,property owner and sole proprietor of Lawn Barbers Lawncare, LLC. 2. The site is located in the SE '/ of the NW '/ of Section 3,T28N, R 19W, Town of Troy, St. Croix County, Wisconsin. 3. The applicant filed an application with the Board of Adjustment for an after-the- fact special exception permit for a contractor's storage yard pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance. 8 d conditions below. Approval for this special exception permit does not include any additional uses, structures, or other activities not indicated in the plans. 2. The Town of Richmond and any other interested party may request a reconsideration of this decision 15 days prior to the next regularly scheduled Board of Adjustment meeting in accordance with the St. Croix County Board of Adjustment Rules and By-Laws. 3. Prior to commencing use of the site for an acupuncture clinic,the applicants shall be responsible for securing all necessary local, state, and federal permits and approvals, including but not limited to any other required permits or licenses from the Wisconsin Department of Commerce. The applicants shall also provide to the Zoning Administrator documentation that the existing sanitary system is adequate for the proposed use. 4. Prior to commencing use of the site for an acupuncture clinic,the property owner shall submit an as-built drawing of the completed construction on the site, and shall record an affidavit against the property referencing: 1)the storm water management plan, 2)permanent drainage easements for all storm water management facilities and retention areas, and 3) a maintenance and monitoring agreement, and provide a recorded copy to the Zoning Administrator as required by Conditions#6 and#14 of the special exception permit dated December 1, 2005. 5. The applicants shall continue to comply with the conditions of the special exception permit dated December 1, 2005,unless stated otherwise in the conditions of this approval. 6. Regular hours of operation shall not extend beyond 8:00 AM—8:00 PM Monday - Friday, and 8:00 AM— 6:00 PM on Saturday as approved for the office building on December 1, 2005. 7. Upon complaints of regularly occurring, excessively loud noise at any time, the applicants shall work with the Zoning Administrator to abate the noise problem. In the event that the matter cannot be resolved administratively, the applicants shall take the matter before the Board of Adjustment at a public hearing. 8. All lights on the site and on buildings 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. 9. No signs are approved as part of this permit. Any future signage shall require prior review and approval by the Zoning Administrator in accordance with the St. Croix County Sign Ordinance. 7 I. This after-the-fact special exception permit allows the applicant to store lawn mowers and winter snow plow blades in a detached garage on the site, as well as an enclosed dumpster, half-ton truck with a 10-foot trailer and a one-ton truck with a 14-foot trailer and bobcat on a 11,200-square foot outdoor gravel parking area as indicated in the plans submitted, and as provided in the conditions below. The trucks, trailers, and bobcat shall be parked in the designated outdoor gravel parking area at all times when on the site. This approval does not include any additional structures, services, operations, or the storage of items other than those listed above. 2. The applicant shall be responsible for obtaining all other required local, state, and federal permits and approvals. 3. Access to and from the site shall be limited to the existing paved driveway only. 4. The applicant shall maintain and enhance the current level of mature trees, shrubs, and vegetative cover to fully screen all outside storage areas related to the business from White Oak Drive, Gilbert Road, and adjacent residences. Specifically,the applicant shall identify the exact location of the property line to the west, and on the applicant's side of the property line plant additional evergreen trees and shrubs between existing pine trees. The additional trees and shrubs shall be planted in a manner to screen the storage yard and all equipment in it from the adjoining property to the west during winter, leaf-off conditions. All plantings shall not be less than four feet in height at the time of planting, and shall not exceed a height of approximately 10 feet at maturity. In the vicinity of the abandoned driveway,the applicant shall plant a 10-foot wide landscaped buffer with native evergreen trees and shrubs at least six feet in height at the time of planting to screen the storage yard from White Oak Drive. The landscaped buffer shall attain 80 percent opacity at maturity. All vegetation shall be planted no later than October 15, 2007. 5. No onsite retail sales, services, or operations other than what is provided in the conditions shall be allowed. No brush, grass clippings, or other vegetative material related to the business may be brought and/or stored on the site. The existing brush pile shall be removed no later than October 15, 2007. 6. Hours of operation, including but not limited to dumpster maintenance, shall not extend beyond 8:00 AM to dusk. The applicant shall be allowed to bring the business vehicles to and from the site beyond the aforementioned hours. 7. No later than October 15, 2007, the applicant shall enclose the existing dumpster and all refuse on the site related to the business with a three-sided structure to screen it from adjacent properties and the road. The structure shall be either the same color as the existing house and accessory structures, or earth tone in color to hannonize with the natural surroundings on the site during summer, leaf-on conditions. Any future dumpsters shall also be enclosed in the same manner. 10 J 4. This request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that a contractor's storage yard is an allowed use in the Ag Residential District, which the property is currently zoned. The applicant lives on the site and the primary appearance and use of the property will remain residential consistent with the surrounding neighborhood.The detached storage garage and outdoor storage area are screened by existing mature evergreen trees and a forested hill. During the site visit on August 23, 2007, the Board members observed that the outdoor storage yard is visible from White Oak Drive in the vicinity of the old driveway, and may be visible from the adjoining property to the west during winter, leaf-off conditions. 5. With conditions for continuing to maintain the property in a neat and orderly manner, limiting the hours of operation, and enhancing the current level of vegetation to screen the outdoor storage area so that it is not visible from White Oak Drive, Gilbert Road, and adjacent residences, this request will preserve the rural character of the area and will not be substantially adverse to property values in the surrounding neighborhood. 6. With conditions restricting the storage and use of hazardous materials on the site in the future and requiring vehicle maintenance to be done on an impervious and contained surface, this request will not negatively impact the health, safety, and or general welfare of the public. Traffic to the site from the business will be minimal, and no customers will visit the site. 7. With conditions for enclosing the dumpster, limiting the hours of the operation and any related activities on the site, and removing the brush pile that the Board observed on the site visit on August 23, 2007, this request does not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors as no services or operations will occur on site, only the storage and movement of lawn care equipment, snow plow equipment, trucks, trailers, and a bobcat. 8. The existing driveway entrance meets spacing requirements and the outdoor gravel storage area meets the setback for parking areas pursuant to Section 17.60 of the St. Croix County Zoning Ordinance. 9. The Town of Troy Town Board recommends approval of this request. 10. At the hearing on August 23, 2007, adjoining property owners to the north, Jeff and Julie Crockett, submitted a letter indicating support for the request, and adjoining property owners to the west, Tammy and John Seibel testified in opposition to the request due to concerns about visibility and noise. With the following conditions: 9 Commercial District as indicated in the plans submitted, and as provided in the conditions below. Approval for this special exception permit does not include any additional uses, structures,or other activities not indicated in the plans. 2. The Town of Richmond and any other interested party may request a reconsideration of this decision 15 days prior to the next regularly scheduled Board of Adjustment meeting in accordance with the St. Croix County Board of Adjustment Rules and By-Laws. 3. Prior to commencing use of the site for an acupuncture clinic, the applicants shall be responsible for securing all necessary local, state, and federal permits and approvals, including but not limited to any other required permits or licenses from the Wisconsin Department of Commerce. The applicants shall also provide to the Zoning Administrator documentation that the existing sanitary system is adequate for the proposed use. 4. Prior to commencing use of the site for an acupuncture clinic, the property owner shall submit an as-built drawing of the completed construction on the site, and shall record an affidavit against the property referencing: 1)the storm water management plan, 2)permanent drainage easements for all storm water management facilities and retention areas, and 3) a maintenance and monitoring agreement, and provide a recorded copy to the Zoning Administrator as required by Conditions#6 and#14 of the special exception permit dated December 1, 2005. 5. The applicants shall continue to comply with the conditions of the special exception permit dated December 1, 2005,unless stated otherwise in the conditions of this approval. 6. Regular hours of operation shall not extend beyond 8:00 AM— 8:00 PM Monday -Friday, and 8:00 AM— 6:00 PM on Saturday as approved for the office building on December 1, 2005. 7. Upon complaints of regularly occurring, excessively loud noise at any time, the applicants shall work with the Zoning Administrator to abate the noise problem. In the event that the matter cannot be resolved administratively, the applicants shall take the matter before the Board of Adjustment at a public hearing. 8. All lights on the site and on buildings 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. 9. No signs are approved as part of this permit. Any future signage shall require prior review and approval by the Zoning Administrator in accordance with the St. Croix County Sign Ordinance. 14 uses, and is screened from existing adjacent residential uses with a row of evergreen trees. 8. With conditions for maintaining adequate off-street parking and maintaining the storm water capacity of the site,the standards would be met to grant the special exception permit for the proposed acupuncture clinic pursuant to Section 17.18(1)(a- f)of the St. Croix County Zoning Ordinance. 9. The proposed acupuncture clinic would meet several goals and objectives of the St. Croix County Development Management Plan including locating commercial development where suitable conditions exist,pursuing quality of life that will attract and retain quality businesses and employment,promoting the growth of existing businesses and the development of new businesses in the County, and diversifying the County's economy. 10. The existing parking lot has space for 14 off-street painted parking stalls,which will provide sufficient off-street parking to accommodate both the existing business and the proposed clinic as required by Section 17.57 of the St. Croix County Zoning Ordinance. The required off-street parking for 2,187 square feet of professional office space is 11 parking stalls(1 stall/200 square feet). 11. The existing building and parking lot meet current road setbacks from State Highway 65 pursuant to Section 17.60 of the St. Croix County Zoning Ordinance. 12. No signage or additional lighting is proposed for the site as part of this application. Any signage for the business will require a land use permit and must comply with the St. Croix County Sign Ordinance. 13. The Town of Richmond Town Board members do not object to this request. 14. The St. Croix County Land and Water Conservation Department has reviewed the application and has no comments provided the applicants to maintain and monitor all permanent drainage easements and storm water facilities as required by Condition#6 of the Board of Adjustment's approval dated December 1,2005. 15. The Wisconsin Department of Transportation has reviewed the application and has no comments except to reiterate that direct access to State Highway 65 will eventually be eliminated and access to the site will be from a future town road to the north as indicated in the CSM included in the application packet. This issue is addressed in the special exception permit approved for the property owner on December 1,2005. With the following conditions: 1. This special exception permit is for Pain Management Acupuncture of St. Croix, an acupuncture clinic, to operate out of an existing office building in the 13 10. All buildings and property shall be maintained in a neat and orderly manner, with no outside storage. 11. The applicants shall contact the Zoning Administrator to review this special exception permit in two years from the approval date(August 2009) for compliance with the conditions of this approval. 12. Any change or addition in ownership of the businesses, type of business, or project details—including but not limited to expansion, signage, landscaping, or lot/access changes—shall require review and approval by the Zoning Administrator and in some circumstances through the special exception approval process as stated in the Ordinance. 13. The applicants shall have one(1) year from the issuance of the special exception permit to commence use of the site for the proposed clinic. Failure to do so shall result in expiration of the special exception permit. If the special exception permit expires before the business commences, the applicants will be required to secure a new special exception permit before starting the project. The applicants may request extensions of up to six months not to exceed a total of one year from the Zoning Administrator prior to the expiration of the permit in the event that additional time is needed to secure other required permits and approvals. 14. These conditions may be amended or additional conditions may be added if unanticipated circumstances arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not amended or added without notice to the applicants and a public hearing. 15. Accepting this decision means that the applicants and property owners have read, understand, and agree to all conditions of this decision. Motion carried unanimously. The meeting was adjourned at 4:20 p.m. by Chairman Malick. Respectfully submitted, L, q Sue Nelson, Secretary Becky Egg , T4&ing Secretary 15