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PLANNING &. ZONING
June 30, 2008 File Ref: SE0174
Peace Lutheran Church c/o Pastor John Hanson
2084 CTH `N'
Baldwin, WI 54002
11 RM
Re: St. Croix County Special Exceptions — Institutional Use in the Ag Residential
fa District and Filling and Grading in Shoreland District
Code Administratiq, Parcel#: 12.28.17.95A20, 12.28.17.96B and 12.28.17.96D, Town of Rush River
715-386-4680
Dear Pastor Hanson:
Land Information&: F
Planning
715-386-4674,.,.= ' The St. Croix County Board of Adjustment (Board) has reviewed your requests for the
following g i tems:
Real P rty
715 -4677 Item #1: Special exception permit to expand an existing institutional use in the Ag
Rg Residential District pursuant to Section 17.15(6)(s) of the St. Croix County Zoning
-386-4675 Ordinance.
Item #2: Special exception for filling and grading an area exceeding 10,000 square
feet in the Shoreland District of the Rush River pursuant to Section 17.29(2)(d) of
the St. Croix County Zoning Ordinance.
After the hearing on June 26, 2008, the Board approved 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. Feel free to
contact me with any questions or concerns.
Sincerely,
qL
Pamela Quinn
Zoning Specialist/Zoning Administrator
' Enclosures: Formal Decision
cc: Humphrey Engineering, agent
Clerk, Town of Rush River
Steve Olson, St. Croix County Land and Water Conservation Department
>f Carrie Stoltz,Wisconsin Department of Natural Resources
ST.CROIX COUNTY Go vERNMENT CENTER
1 101 CARMICHAEL ROAD,HUDSON, Wi 54016 7153864686FAx
PZCaCO.SAINT-CROIX.M.US W WVV.CO.SAI NT-CROIX.WI.U S
FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST.CROIX COUNTY,WISCONSIN
File: SE0174
Applicant: Peace Lutheran Church c/o Pastor John Hanson,property
owner
Parcel ID#: 12.28.17.95A20, 12.28.17.96B and 12.28.17.96D
Complete Application Received: May 5,2008
Hearing Notice Publication: Weeks of June 9 and 16, 2008
Hearing Date: June 26, 2008
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony and considered the entire record herein,the Board makes the following Findings of
Fact and Conclusions of Law pertinent to both requests(Items#1 and#2):
1. The applicant is Peace Lutheran Church,property owners, with Humphrey Engineering, acting as their
agent.
2. The site is located at the SE 1/4 of the SE '/4 of Section 12,T3 IN, RI 8W, Town of Rush River, St. Croix
County, Wisconsin.
3. The Town of Rush River Town Board has no comments to make on this project at this time. The Town
of Rush River and any other aggrieved party may request a reconsideration of this decision 15 days
prior to the next regularly scheduled Board of Adjustment meeting in accordance with the St. Croix
County Board of Adjustment Rules and By-Laws.
4. The St. Croix County Land and Water Conservation Department staff, Steve Olson,reviewed the plans
and finds that the site is modeled with permanent vegetation above and below the stormwater
ponds. The Department recommends that permanent vegetation be established and maintained between
the stormwater pond and the Rush River. Humphrey Engineering plans on over-excavating the
detention pond to better infiltrate runoff in sandier soil horizons 40"below surface grade and indicated
this requirement will be added as a construction note on the plans. The LWCD further recommends that
all silt fence is maintained until permanent vegetation in established on all disturbed areas,the applicant
supply an as-built drawing signed by an engineer that all stormwater components were installed as
designed, and records a stormwater operation and maintenance agreement on the deed to the property.
5. The St. Croix County Highway Department(Jeff Durkee)has reviewed the May 5, 2008 plans and had
no comments as the planned work does not appear to affect either the church access or traffic patterns
on CTH `N'. A copy of the June 4th revised construction plans,which included a future parking area
and second driveway off CTH `N' were sent to the Highway Department,but no subsequent comments
have been received to date.
6. The Wisconsin Department of Natural Resources (Carrie Stoltz) is reviewing the application submitted
for a Chapter NR 216 storm water permit, as well as a Chapter 30 permit for all wet storm water ponds
within 500 feet of the OHWM of the Rush River. According to Carrie Stoltz, Dan Koich reviewed the
plans for Peace Lutheran Church. He determined a grading permit was not needed because no grading
would be taking place closer than 75'to the OHWM of the Rush River and"Dan determined the Rush
River is not an ASNARI and therefore the bank is 75' from the OHWM and not 300'. A storm water
permit was issued for this project by Dan Koich."
7. Wisconsin Department of Transportation: Jeffrey Aboud has reviewed the plans and has no comments
specific to the Special Exception request,but does note that the access from the Church property to U.
S. Hwy 63 will be closed as part of a reconstruction project by WisDOT in 2009.
parking spaces and construction of additional future parking areas designed to accommodate the entire
church facility,the applicant will meet the minimum parking standards pursuant to Section 17.57(7)of the
St. Croix County Zoning Ordinance.
14. The existing driveway on CTH`N' meets the 500 foot separation distance from the centerline of the
intersection with U.S.Hwy 63. The driveway access from U.S.Hwy 63 has existed on the site,but will be
eliminated as part of a reconstruction project by Wisconsin DOT in 2009 and will not be used in the
future. With conditions that the conceptual plan for a second driveway access on CTH`N' to future
parking areas be revised to meet the maximum of one driveway with a maximum width of 24',the
applicant will meet the minimum standards for road or highway setbacks,access and driveways pursuant
to Sectionl 7.60.7.of the St. Croix County Zoning Ordinance. The applicant's engineer testified on June
26,2008 that the Wisconsin DOT is planning to close the driveway access on Hwy 63 and the church is
considering plans to add a 2nd driveway and parking on the adjacent outlot,but the Board of Adjustment is
not addressing these issues at this time.
Item#2(Special Exception-Filling and Grading in the Shoreland District)
The Board makes the following Findings of Fact and Conclusions of Law pertinent to the applicant's special
exception request for filling and grading in the Shoreland District(Item#2):
15. The applicant filed an addendum for special exception permit with the Board of Adjustment for filling
and grading an area exceeding 10,000 square feet in the Shoreland District of the Rush River pursuant
to Section 17.29(2)(d)of the St. Croix County Zoning Ordinance. Specifically, the applicants propose
to excavate approximately one(1)acre to construct an 8,000 sq. ft.,2-story addition and install a storm
water detention pond,which will receive runoff from the building and a future 25,000 square ft.parking
area and fire access lane.
16. With conditions for implementing and maintaining proper erosion control measures before, during,and
after construction; re-vegetating the disturbed areas with native plants and/or species the same as the
plants removed, and excavating the storm water detention pond to a depth that will allow infiltration as
designed,this request will not violate the spirit or general intent of the St. Croix County Zoning
Ordinance and will meet the requirements of Sections 17.70(7)(a)and 17.70(b) of the Shoreland
District regarding potential negative environmental impacts to the Rush River.
17. This property is located within a primary environmental corridor as identified by the St. Croix County
Development Management Plan 2000-2020 (map 22). With conditions for implementing and
maintaining proper erosion control measures before, during and after construction; re-vegetating
disturbed areas with native plants and/or same species as plants removed, and maintaining permanent
vegetation between the stormwater pond and the Rush River,the request will be consistent with the
goals and objectives of the St. Croix County Development Management Plan 2000-2020 aimed at
conserving and protecting floodplains, shorelands, and wetlands, and their natural functions to avoid
the impacts and costs of their development, identifying and protecting environmental corridors, and
guiding development to locations and conditions that minimize adverse impacts to natural resources.
18. With conditions for implementing and maintaining erosion and sediment control measures; the proper
construction and long-term operation and maintenance of the storm water management structure; and
the replanting and long-term care and maintenance of native vegetation,the request will not be contrary
to the public health, safety, or general welfare, nor will it be substantially adverse to property values in
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S.Hwy 63 will be closed as part of a reconstruction project by WisDOT in 2009.
Item#1 (Special Exception—Institutional Use):
The Board makes the following Findings of Fact and Conclusions of Law pertinent to the applicant's
special exception request to expand an existing institutional use in the Ag Residential District(Item#1):
8. The applicant filed an application with the Board of Adjustment for a special exception permit to
construct an addition to expand church-related services at existing Peace Lutheran Church,pursuant to
Section 17.15(6)(s)of the St. Croix County Zoning Ordinance..
9. A church is an institutional use,which may be allowed in the Ag Residential District with a special
exception permit. The proposed building addition will be located on a 27 acre parcel that features an
existing church,which was constructed on the site in 1905 and expanded in 1975, a parsonage house, a
cemetery,and a paved parking area with capacity for 104 vehicles. The proposed 8,000 square foot
building addition will more than double the size of the existing facility,providing 388 seats for worship
services, an expanded narthex with seating for 72 parishioners,classrooms,and four(4)public
restrooms to support church activities and other functions. The plan proposes the existing church will
continue to utilize an existing in-ground septic system and an existing private well. The building
addition will be serviced by a new POWTS. The parsonage house is currently serviced by a separate
POWTS that was installed in 2005.
10. This request would not violate the spirit or general intent of the St.Croix County Zoning Ordinance in that
a church is a reasonable and appropriate use in the Ag Residential District,which the property is currently
zoned.Its location south of the Village of Baldwin and I-94 Interstate exchange on the corner of Hwy 63
and CTH`N' makes it accessible to residents.The site currently has adequate space for parking and traffic
circulation for the existing church and has concept plans for future parking to provide access to the
proposed building addition from the lower level.
11. The surrounding properties feature agricultural low-density residential uses,agricultural cropland,and an
assembly hall(former North Rush River Peace Church). The request will not have an impact on the value
of surrounding properties and is compatible with the use and character of the surrounding area. There is
no proposed change to the existing use of the Peace Lutheran Church property. With conditions for
providing additional sanitary wastewater treatment capacity,submittal of a Soil& Site Evaluation Report
prior to construction of the storm water detention pond,planting additional screening,providing sufficient
off-street parking,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.
12. No additional lighting is proposed as part of this application.With conditions for shielding light sources
from adjacent properties, screening parking areas and landscaping,and ensuring that noise is kept to a
minimum for adjacent property owners,this request would not constitute a nuisance by reason of noise,
dust,smoke,odor or other similar factors.
13. The applicants currently provide dust-free,off-street parking for 104 vehicles during regularly scheduled
events such as weekly church worship services.Two(2)full-time and one(1)part-time employee will
continue to work on the site during weekday hours of operation.Traffic for worship services,weddings,
funerals or other events will be intermittent and is not expected to have a detrimental impact on the road
system. Although no traffic estimates have been provided by the applicant for the anticipated number of
vehicles that may be on the site at any given time,with conditions for maintaining existing off-street
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8. General hours of operation for any event shall not extend beyond 7:00 AM and Midnight.
9. 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.
10. Prior to commencing construction,the applicant shall submit a surety in the form of a cash compliance
deposit in an amount of$1,100.00 to be held by the Zoning Administrator until the project has been
completed and approved to be in compliance with the conditions of this permit and all applicable
provisions of the Ordinance,at which time the deposit will be refunded in full.
11. Within 30 days of completing construction,the applicants shall supply an as-built drawing signed by
project engineer that all improvements and stormwater components were installed as designed and shall
submit photos of the site and certification from the project engineer or registered landscape architect
that the project has been completed as approved. The applicants shall record the storm water
management plan and operation and maintenance agreements for all storm water features and private
on-site wastewater treatment systems(POWTS)against the property and shall provide a recorded copy
to the Zoning Administrator.
12. The applicant shall have one(1)year from the date of this approval to commence construction and two
(2)years from the date of this approval to complete it. Failure to do so shall result in expiration of the
special exception permit. 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 the
project. The applicant 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.
13. The applicants shall contact the Zoning Administrator to review this special exception permit in two
years from the approval date for compliance with the conditions of this approval. These conditions may
be amended or additional conditions may be added if unanticipated circumstances arise that would
affect the health and/or safety of citizens or degrade the natural resources of St. Croix County.
Conditions will not be amended or added without notice to the applicant and an opportunity for a
hearing.
14. Any change in ownership of the property,change in use,or change in project details—including but not
limited to expansion, landscaping,or lot/access changes—shall require prior review and approval by the
Zoning Administrator and in some circumstances through the special exception approval process as stated
in the Ordinance.Any minor change or addition to the project,including but not limited to design of the
project, future additional parking,access changes,or POWTS location shall require review and approval
by the Zoning Administrator and the Land and Water Conservation Department prior to making the
change or addition. Any major change or addition to the originally approved plan will have to go through
the special exception approval process.
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: Nelson,yes; McAllister,yes; Hurtgen,yes; Chairperson Malick,yes;
Peterson,yes. Motion carried.
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the neighborhood,or constitute a nuisance.
DECISION
On the basis of the above Findings of Fact,Conclusions of Law,and the record herein,the Board approved both
requests,with the following conditions:
1. This special exception permit allows the applicant to disturb an area not to exceed 1.6 acres on slopes
not to exceed 12 percent in the Shoreland District of the Rush River in order to construct an addition
onto the existing church building, construct a storm water management detention pond, and install the
POWTS in accordance with the plans submitted and as provided in the conditions below.Approval for
this special exception permit does not include any additional grading and filling,tree removal,
structures or future parking or driveway improvements on the outlot.
2. Prior to commencing construction,the applicants shall obtain any other required local, state,or federal
permits and approvals,including but not limited to Chapter NR 216 and 30 permits from the Wisconsin
Department of Natural Resources. A Soil and Site Evaluation Report completed by a Certified Soil
Tester must be submitted that identifies the location for an additional Private On-site Wastewater
Treatment System(POWTS)to service the expanded church building.
3. Prior to commencing construction,the applicants shall schedule an on-site pre-construction meeting
that includes the property owners,builder, excavator, St. Croix County Planning&Zoning and Land
and Water Conservation Department staff members. Items to be discussed include,but are not limited
to, coordinating installation of erosion control, construction timelines,compliance with all other pre-
construction conditions, and roles and responsibilities of all parties.
4. Prior to commencing construction,the applicant shall submit revised site plans that include:
• the location of an additional Private On-site Wastewater Treatment System(POWTS);
• construction notes that the storm water detention pond be excavated to a depth that will expose sandier
soils 40 or more inches below grade;
• install erosion control measures in accordance with the grading and improvements on revised plans;
• eliminate the proposed second driveway access from CTH `N"and future parking area;
During construction,the smallest amount of bare ground shall be exposed for as short a time as
possible. Upon completing construction,temporary ground cover such as mulch shall be applied over
exposed soil and permanent cover including native plants and/or species the same as the plants
removed shall replace those removed during construction. Phosphorous fertilizers shall not be used to
establish and maintain vegetation on the disturbed area of the site,unless a soil test confirms that
phosphorous is needed.
5. The property shall be maintained in a neat and orderly manner.
6. No signs are approved as part of this permit.Any signage shall require prior review and approval by the
Zoning Administrator in accordance with Subchapter VI, Section 17.65 of the St. Croix County Zoning
Ordinance.
7. All lights on the site must be downward directed and shielded away from neighboring properties to
prevent glare. Only lights on the building or building overhangs at a level not to exceed the height of the
lowest eaves may be left on overnight for security purposes.Lights in the parking lot shall only be on
during the hours of approved events.
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APPEAL RIGHTS
Any person aggrieved by this decision may file an appeal in St.Croix County circuit court within 30 days after the
filing date shown below,pursuant to Sec. 59.694(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.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.Malick,Chairpers
Date Filed: 6/30/08
6
A
#4 to say: the buffer shall be implemented upon future complaints from adjoining
property owners and review by the Zoning Administrator, and/or upon approval of a final
plat or minor land division on adjoining property to the west and/or east that would
result in more residential development in these areas. In these instances, the Zoning
Administrator shall contact the applicant to provide notification of the screening
requirement. The applicant shall work with the Zoning Administrator to establish a
reasonable timeframe for the plantings, which shall be done in accordance with the
approved landscaping plan. At that time, the applicant shall also be responsible for
submitting a maintenance agreement to ensure that all vegetation establishes successfully
and is maintained based on 8 findings of fact and conclusions of law.
Francis Klatt, Town of Emerald Board member, signed an oath and spoke in favor of the
request. He stated the Town has received two estimates to get trees planted on the
property which was around$9000. He said the Town would like to save the$9000 and
have volunteers help plant flowers and trees so the money can be used elsewhere.
No one testified in opposition.
Application #3: Peace Lutheran Church/Pastor John Hanson—Special Exceptions
The applicants requested a special exception permit to construct an 8,000 square foot
building addition on the existing Peace Lutheran Church in the Ag Residential District in
the Town of Rush River. They also requested a special exception permit for filling and
grading an area exceeding 10,000 square feet in the Shoreland District in the Town of
Rush River.
Staff presented the application and staff report. The Rush River Town Board had no
comments on the application at the time of the hearing. St. Croix Land and Water
Conservation Department reviewed the plans and found that the site is modeled with
permanent vegetation above and below the storm water ponds. The department
recommended that permanent vegetation be established and maintained between the
storm water pond and the Rush River. Humphrey Engineering plans on over-excavating
the detention pond to better infiltrate runoff in sandier soil horizons 40 feet below surface
grade and indicated this requirement will be added as a construction note on the plans.
The department further recommended that all silt fence be maintained until permanent
vegetation is established on all disturbed areas, the applicant supply an as-built drawing
signed by an engineer that all storm water components were installed as designed, and
record a storm water operation and maintenance agreement on the deed to the property.
St. Croix County Highway Department reviewed the May 5, 2008 plans and had no
comments as the planned work does not appear to affect either the church access or
traffic patterns on CTH N. A copy of the June 4, 2008 revised construction plans, which
included a future parking area and a second driveway off CTH N were sent to the
department,but no subsequent comments were received. Wisconsin Department of
Natural Resources reviewed the application submitted for a Chapter NR 216 storm water
permit and a Chapter 30 permit for all the wet storm water ponds within 500 feet of the
OHWM of the Rush River. Wisconsin Department of Transportation reviewed the plans
and had no comments specific to the special exception request, but did note that the
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M
Ecopy
DRAFT BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
June 26,2008
The meeting was called to order by Chairperson Malick at 8:30 a.m. A roll call was
made. Chairperson Malick, David Peterson, Joe Hurtgen, Jerry McAllister, and Sue
Nelson were present. Staff included: Jenny Shillcox, Zoning Specialist; Dave Frodroczi,
Planning and Zoning Director; Pam Quinn, Zoning Specialist; Alex Blackburn, Zoning
Specialist; and Becky Eggen, Recorder.
Staff confirmed to the Board that this was a properly noticed meeting.
The next meeting for the Board is scheduled for Thursday, July 24, 2008 at 8:30 a.m. in
the County Board Room of the Government Center in Hudson.
Application #1: Mathy Construction Company- Special Exception
The applicant requested to renew a special exception permit to continue to operate an
existing lime quarry in the Town of Emerald.
Staff presented the application and staff report. The Town of Emerald's Town Board was
sent a copy of the application but did not submit any comments for the Board's
consideration. St. Croix County Land and Water Conservation Department reviewed the
application and found the operation and reclamation plan to be complete. They noted
that the applicant has made great progress in restoring and stabilizing the site in the past
five years. Wisconsin Department of Natural Resources was sent a copy of the
application but did not submit any comments for the Board's consideration. Staff
recommended approval of the request based on 14 findings of fact and conclusions of law
with 12 conditions.
Candy Anderson, geologist for Mathy Construction, signed an oath and spoke in favor of
the request. She testified she agreed with the staff report.
No one testified in opposition.
Application#2: Town of Emerald- Special Exception Amendment
On May 24, 2007, the St. Croix County Board of Adjustment (Board) approved a special
exception for the Town of Emerald to construct a new town hall and shop in the Ag
Residential District. Per Condition #4 of the Board's approval, the Town is required to
plant a native vegetative buffer along the west and east property lines to screen the
parking lot from adjacent properties and retain the rural character and natural beauty of
the area. The Town of Emerald requested an amendment to Condition #4 so they do not
have to screen the parking lot.
Staff presented the application and staff report. The Town of Emerald was the applicant.
St. Croix Land and Water Conservation Department and the St. Croix County Highway
Department did not need to review the request. Staff recommended rewording Condition
Application#5: Associated Bank/Heartland Montessori School, Inc.
Reconsideration
The Town of Troy Town Board requested that the Board of Adjustment(BOA)
reconsider its April 24, 2008, decision based on concerns regarding whether or not
schools are an allowed used in the Ag Residential District, the similarity of the proposed
school to an in-home daycare, and increased traffic on Red Brick Road.
Jane Dreis, a resident on Red Brick Road, also requested that the BOA reconsider its
decision based on concerns regarding increased traffic, impact on residential property
values, future plans for expansion, and nuisance from noise.
Staff presented the request for reconsideration and staff report. The Town of Troy did
not submit any further comments for the Board's consideration. St. Croix County Land
and Water Conservation Department did not submit any further comments for the
Board's consideration. Staff recommended the Board reaffirm its decision to approve the
Heartland Montessori School, Inc. special exception based on 12 findings of fact and
conclusions of law with conditions.
Jocelyn Richardt, treasurer of Heartland Montessori School, Inc., signed an oath and
spoke in opposition to the reconsideration. She testified she had a signed letter from the
River Falls neighbor that Heartland Montessori is a good neighbor. Heartland
Montessori is agreeable with all the staff's conditions on the decision except for
Condition#4 regarding the plantings are to be in place by August 31, 2008. Her concern
was because the project has been delayed two months with the reconsideration. She
stated the summer hours are between 8:30— 11:30 a.m. for only three weeks. She said
the pre-school children are outside for one hour a day. She stated the septic inspection
has not been done and the parking was not installed since they did not know if they had
approval. She said children will not be showering or washing clothes at the site; the only
things the septic will be used for is flushing and sink use. She testified they would like to
get the septic inspected this summer but waiting to see what path the special exception
application goes. She did state they would consider bringing in portable toilets for the
end of the year party. She also stated Heartland Montessori School would work with the
residents to allow children to wait for the school bus in their driveway.
Maureen Skidmore, teacher at the Heartland Montessori School, Inc., signed an oath and
spoke in opposition to the reconsideration. She testified the school wants a place for
children to be able to plant trees, vegetables, and flowers. She said the school will help
preserve the land in the Town of Troy by teaching the children to be good stewards of the
land.
Scott Feyereisen signed an oath and spoke in opposition to the reconsideration. He
testified he supports the school and would have the school as his neighbor. He said the
Red Brick Road site currently is run down and Heartland Montessori would take care of
that property.
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access from the Church property to U.S. Highway 63 will be closed as part of a
reconstruction project by WisDOT in 2009. Staff recommended approval of the requests
based on 19 findings of fact and conclusions of law with 15 conditions.
Roger Humphrey of Humphrey Engineering signed an oath and spoke in favor of the
request. He testified they have done some soil testing on the out lot and the soils looked
good for a conventional sanitary system. He said WisDOT plans to close the access off
of Highway 63. He said that could create some safety issues having one access and he
has provided a future alternative access to go around the parsonage. He said they would
like two accesses for emergency reasons. He stated the area by the parking area is quite
wooded and you would only be able to see the parking lot from the road or the
agricultural field across County Road N. He said the fire lanes and parking lot are future
plans and that would be another application before the Board of Adjustment.
No one testified in opposition.
Application#4: Jeffery J Egan—Special Exception and Variances
The applicant requested a special exception permit for a major home occupation in the
Ag-Residential District, a variance to use an area greater than 1,000 square feet in an
accessory structure for a major home occupation, and a variance for a major home
occupation to be located less than 500 feet from a preexisting neighboring residence in
the Town of Richmond.
Staff presented the application and staff report. The Town of Richmond's Town Board
recommended approval of the request. Staff recommended approval for the special
exception for a major home occupation and approval of the variance to the 500 foot
spacing requirement, but recommended denial of the variance of the 1000 square foot
maximum allowed in an accessory structure based on 15 findings of fact and conclusions
of law with 12 conditions.
Jeff Egan signed an oath and spoke in favor of the request. He said he has been sub-
contracting mantels for Derrick Construction in the past. He testified he plans to have a
wholesale type business. Many of his mantels would not be varnished; therefore his
varnish room is very small. He stated he would not be very successful if he is limited to
only 1000 square feet to work in his shed. Because of the tools he uses and the sizes of
the mantels he makes, 1000 square feet does not allow enough room and could create a
safety issue. He spoke with the neighbor that is behind him and they had no problems
with his business. Egan also spoke with the owner of the development and he had no
concerns.
The Board recessed for a break at 9:35 a.m.
The Board reconvened at 9:45 a.m.
3
the school didn't provide a business plan for the next 5-10 years and if they continue to
grow they will sell and some other business will move in.
Layton Traver signed an oath and spoke in favor of the reconsideration. He purchased
his house on Red Brick Road in 1990 due to its rural setting and to be in the country
rather than the city. He said there are a lot of people out walking,biking,running, etc.
and the road is narrow. He testified it is almost impossible to meet and/or pass a school
bus. He stated that five of the houses on Red Brick Road are retirees and three of the
houses have children. He said that Red Brick Road will be a shortcut for the new
RiverCrest Elementary School. He testified no one on Red Brick Road is supportive of
the school and do not send their children to Heartland Montessori School.
Bruce Schulze signed an oath and spoke in favor of the reconsideration. He testified that
if the school allowed, it will create more traffic and noise which will not help his sleeping
issue. He said that 68 cars parked on 2.8 acres will kill the grass very quickly. He stated
he has only lived in his home three years and if he knew there was a possibility of a
school coming in,he would have not purchased his home. He testified in the future if
Red Brick Road has to be widened,he will lose mature bushes and have to re-landscape
at his own expense. He stated he is concerned with property values on Red Brick Road.
Susan Holt signed an oath and spoke in favor of the reconsideration. She testified that
her structure is 145 feet from the Montessori school property line. She stated her biggest
concern is the septic and well on the property. She felt there was potential, with the
septic and well, to contaminate the ground. She spoke with Leroy Janski, Wisconsin
Department of Commerce who said they would probably need 1200-1500 gallon septic
tank to keep up with the number of children. She said she is very concerned about the
safety of her children out on the road by the curve where the school would be located.
She is worried that her children will be out at the bus stop at the time of drop-offs and
pick-ups of the Montessori school.
Ken Rau signed an oath and spoke in favor of the reconsideration. He stated the line of
sight from the driveway is very blinding with the trees. He said the traffic and noise
issues are a big concern since his property is so close to the applicant's property. He
testified there could be an increase in theft since the property will be vacant at night. He
said that security will have to be increased and the Town of Troy can't afford that. He
said the road has no shoulder and if kids want to get off the road they have to go down in
the ditch.
Jack Anacker signed an oath and spoke in favor of the reconsideration. He testified the
original septic system on the property is from the 1980s and was sized for a three
bedroom home. He stated in 1996 the original home burnt down and a new home was
built and advertised as a four bedroom home but was reconnected to the three bedroom
septic system.
Seaok An signed an oath and spoke in favor of the reconsideration. She testified she
lives on the west side of the proposed property and has lived there for three years. She
6
Ruth Steiner signed an oath and spoke in opposition to the reconsideration. She stated
her children used to go to Heartland Montessori School when they had a New Richmond
campus. She said the school gets out when there is not heavy traffic.
Scott Dectz signed an oath and spoke in opposition to the reconsideration. He testified
the children learn to become future leaders of the community. He said the school does
not like their current location in a Commercial District with such a small playground
area. He believes Heartland Montessori would be an outstanding neighbor. He stated
there are many siblings that attend the school and there are families that car pool to and
from school, which will help decrease the number of cars per day.
Ray Knapp, Chairman of the Town of Troy, signed an oath and spoke in favor of the
reconsideration. He just questions whether or not the size of school is appropriate in the
neighborhood. He stated the Town of Troy was supportive of the Feyereisen site,but the
conservation easement restricted Heartland from using the property. He stated for
emergency purposes they will have to put a door on the exterior of the home from each
room that will be used as a classroom or they will have to install a sprinkler system with a
holding tank. He stated Heartland meets the state requirements of a school but not the
state requirements of a daycare. Knapp said the Town has a five year construction plan
and there are no plans to upgrade Red Brick Road. He noted the Town does not want the
driveway off Coulee but to keep the driveway on Red Brick Road to maintain the
property as a residence. He testified if Heartland was given approval it would look and
feel like something that should not be permitted in that area with signage on both sides of
the property.
Terry Dunst, attorney for the residents on Red Brick Road, signed an oath and spoke in
favor of the reconsideration. He testified the Board's decision is based on the zoning of
the property. He stated in the St. Croix County Zoning Ordinance under the permitted
uses in the Residential District shows schools are an allowable use,but in the
Agricultural/Residential District shows that an institutional use is permitted with a special
exception. He said institutional use is not defined in the Ordinance making it a broad
word. He said the Board of Adjustment is not making a decision whether or not a
Montessori school is good or bad; they need to make a decision about the land use for the
property. Dunst testified Red Brick Road is 26 feet wide for only about 30-40 yards at
the intersection on Townsvalley Road and the remaining road is less. He said state
standards apply to Red Brick Road with having over 100 trips on the road per day. He
stated the driveway is illegal because it has less than 400 feet of vision and with the
increased traffic there is a safety issue. He stated that the recommendations against the
special exception permit are from all the local residents. Dunst stated that Red Brick
Road is very unique and the Board needs to look at the impact on the neighborhood, the
safety and property values.
Peter Dreis signed an oath and spoke in favor of the reconsideration. He testified other
subdivisions have covenants that forbid commercial uses in these areas. He stated
Heartland Montessori would make permanent changes to the home and the special
exception permit is temporary, since it can be revoked and can't be transferred. He said
5
Chairperson Malick, David Peterson, Joe Hurtgen, Jerry McAllister, and Sue Nelson
were present. Staff included: Jenny Shillcox, Zoning Specialist; Dave Frodroczi,
Planning and Zoning Director; Pam Quinn, Zoning Specialist; Alex Blackburn,Zoning
Specialist; and Becky Eggen, Recorder.
Minutes
Motion by Peterson, second by Hurtgen to approve the May 22,2008 minutes.
Motion carried unanimously.
Motion by Hurtgen, second by Nelson to approve the May 29, 2008 minutes.
Motion carried unanimously.
Elections
Grabau presided during the election of the chair.
Motion by Peterson to nominate Buck Malick as Chairperson, second by Hurtgen.
Motion carried unanimously.
Chairman Malick presided during the remainder of the elections.
Motion by Nelson to nominate Jerry McAllister as Vice Chairperson, second by Peterson.
Motion carried unanimously.
Motion by McAllister to nominate Sue Nelson as Secretary, second by Hurtgen.
Motion carried unanimously.
Decisions
After hearing the testimony and reviewing the material in the record, the Board rendered
the following decisions:
Application #3: Peace Lutheran Church/Pastor John Hanson—Special Exceptions
Motion by Peterson, second by Nelson to approve the special exception permits to
expand an existing institutional use in the Ag-Residential District and for filling and
grading an area exceeding 10,000 square feet in the Shoreland District based on the
following findings of fact and conclusions of law:
1. The applicant is Peace Lutheran Church, property owners, with Humphrey
Engineering, acting as their agent.
2. The site is located at the SE '/ of the SE '/4 of Section 12, T3 IN, R18W, Town of
Rush River, St. Croix County, Wisconsin.
3. The Town of Rush River Town Board has no comments to make on this project at
this time. The Town of Rush River and any other aggrieved party may request a
reconsideration of this decision 15 days prior to the next regularly scheduled
8
said she moved there because Red Brick Road was a quiet road that had very little traffic.
She stated if she knew there was going to be a school going in next door, she would not
have purchased her property. She stated she is a gymnastics teacher in the evenings and
she sleeps later in the mornings and the cars coming and going from Heartland
Montessori School would cause noise and make it difficult for her to sleep.
John Durbin signed an oath and spoke in favor of the reconsideration. He stated the noise
of children is not the nuisance,but the cars and traffic are. He said he left the city to get a
quiet neighborhood and the city has followed him. He testified he is concerned with his
property value since he was not sure who would buy a house near a school.
Heather Soley signed an oath and spoke in favor of the reconsideration. She testified that
Heartland Montessori School's driveway is used by children on Red Brick Road as a bus
stop. The children will be standing on the driveway at the same time parents are
dropping off their children at Heartland Montessori School. The children use the
driveway instead of across the road since the ditch is so steep. She stated some property
owners never leave their homes during the day and the added traffic on Red Brick Road
could be a nuisance.
Jackie Mayr signed an oath and spoke in favor of the reconsideration. She testified there
have been many accidents on Red Brick Road. She said if Heartland Montessori School
gets approved, then the need for a gas station or store would be the next question. She
stated she has a concern with the increased traffic since she doesn't leave the house often.
Mary Ann Smith signed an oath and spoke in favor of the reconsideration. She testified
the residential residents have a say in what goes on and in a Democracy the majority
rules.
The Board recessed for lunch at 12:30 p.m.
The Board reconvened at 1:35 p.m.
Donald and Edie Anderson Reconsideration
Edie Anderson signed an oath and spoke in opposition to the reconsideration. She
testified her neighbor, Roger Kubera, had a load of crushed rock dumped on the easement
and was spread out a skidsteer width and called it a driveway. She stated the crushed
rock is covering up the dirt that the Andersons would have to use to put back on the
hillside as part of their special exception.
Motion by Malick, second by McAllister to deny the reconsideration based on the finding
that no new evidence was presented that would substantiate reconsideration.
Motion carried unanimously.
The Board recessed for site visits at 1:50 p.m.
The Board reconvened at 8:30 a.m. on Friday, June 27, 2008. A roll call was made.
7
1
County Zoning Ordinance.
9. A church is an institutional use, which may be allowed in the Ag Residential
District with a special exception permit. The proposed building addition will be
located on a 27 acre parcel that features an existing church,which was
constructed on the site in 1905 and expanded in 1975, a parsonage house, a
cemetery, and a paved parking area with capacity for 104 vehicles. The proposed
8,000 square foot building addition will more than double the size of the existing
facility,providing 388 seats for worship services, an expanded narthex with
seating for 72 parishioners, classrooms, and four(4)public restrooms to support
church activities and other functions. The plan proposes the existing church will
continue to utilize an existing in-ground septic system and an existing private
well. The building addition will be serviced by a new POWTS. The parsonage
house is currently serviced by a separate POWTS that was installed in 2005.
10. This request would not violate the spirit or general intent of the St. Croix County
Zoning Ordinance in that a church is a reasonable and appropriate use in the Ag
Residential District,which the property is currently zoned. Its location south of the
Village of Baldwin and I-94 Interstate exchange on the corner of Hwy 63 and CTH
`N' makes it accessible to residents. The site currently has adequate space for
parking and traffic circulation for the existing church and has concept plans for
future parking to provide access to the proposed building addition from the lower
level.
11. The surrounding properties feature agricultural low-density residential uses,
agricultural cropland, and an assembly hall (former North Rush River Peace
Church). The request will not have an impact on the value of surrounding properties
and is compatible with the use and character of the surrounding area. There is no
proposed change to the existing use of the Peace Lutheran Church property. With
conditions for providing additional sanitary wastewater treatment capacity, submittal
of a Soil & Site Evaluation Report prior to construction of the storm water detention
pond,planting additional screening, providing sufficient off-street parking,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.
12. No additional lighting is proposed as part of this application.With conditions for
shielding light sources from adjacent properties, screening parking areas and
landscaping, and ensuring that noise is kept to a minimum for adjacent property
owners,this request would not constitute a nuisance by reason of noise, dust, smoke,
odor or other similar factors.
13. The applicants currently provide dust-free, off-street parking for 104 vehicles during
regularly scheduled events such as weekly church worship services. Two (2) full-
time and one(1)part-time employee will continue to work on the site during
weekday hours of operation. Traffic for worship services,weddings, funerals or
other events will be intermittent and is not expected to have a detrimental impact on
10
Board of Adjustment meeting in accordance with the St. Croix County Board of
Adjustment Rules and By-Laws.
4. The St. Croix County Land and Water Conservation Department staff, Steve
Olson,reviewed the plans and finds that the site is modeled with permanent
vegetation above and below the stormwater ponds. The Department recommends
that permanent vegetation be established and maintained between the stormwater
pond and the Rush River. Humphrey Engineering plans on over-excavating the
detention pond to better infiltrate runoff in sandier soil horizons 40"below
surface grade and indicated this requirement will be added as a construction note
on the plans. The LWCD further recommends that all silt fence is maintained until
permanent vegetation in established on all disturbed areas, the applicant supply an
as-built drawing signed by an engineer that all stormwater components were
installed as designed, and records a stormwater operation and maintenance
agreement on the deed to the property.
5. The St. Croix County Highway Department(Jeff Durkee)has reviewed the May
5, 2008 plans and had no comments as the planned work does not appear to affect
either the church access or traffic patterns on CTH `N'. A copy of the June 4 1
revised construction plans, which included a future parking area and second
driveway off CTH `N' were sent to the Highway Department,but no subsequent
comments have been received to date.
6. The Wisconsin Department of Natural Resources (Carrie Stoltz) is reviewing the
application submitted for a Chapter NR 216 storm water permit, as well as a
Chapter 30 permit for all wet storm water ponds within 500 feet of the OHWM of
the Rush River. According to Carrie Stoltz, Dan Koich reviewed the plans for
Peace Lutheran Church. He determined a grading permit was not needed because
no grading would be taking place closer than 75'to the OHWM of the Rush River
and"Dan determined the Rush River is not an ASNARI and therefore the bank is
75' from the OHWM and not 300'. A storm water permit was issued for this
project by Dan Koich.
7. Wisconsin Department of Transportation: Jeffrey Aboud has reviewed the plans
and has no comments specific to the Special Exception request, but does note that
the access from the Church property to U. S. Hwy 63 will be closed as part of a
reconstruction project by WisDOT in 2009.
Item#1 (Special Exception—Institutional Use):
The Board makes the following Findings of Fact and Conclusions of Law pertinent to
the applicant's special exception request to expand an existing institutional use in the
Ag Residential District (Item#1):
8. The applicant filed an application with the Board of Adjustment for a special
exception permit to construct an addition to expand church-related services at
existing Peace Lutheran Church, pursuant to Section 17.15(6)(s) of the St. Croix
9
plants and/or same species as plants removed, and maintaining permanent
vegetation between the stormwater pond and the Rush River, the request will be
consistent with the goals and objectives of the St. Croix County Development
Management Plan 2000-2020 aimed at conserving and protecting floodplains,
shorelands, and wetlands, and their natural functions to avoid the impacts and
costs of their development, identifying and protecting environmental corridors,
and guiding development to locations and conditions that minimize adverse
impacts to natural resources.
18. With conditions for implementing and maintaining erosion and sediment control
measures; the proper construction and long-term operation and maintenance of the
storm water management structure; and the replanting and long-term care and
maintenance of native vegetation, the request will not be contrary to the public
health, safety, or general welfare, nor will it be substantially adverse to property
values in the neighborhood, or constitute a nuisance.
With the following conditions:
1. This special exception permit allows the applicant to disturb an area not to exceed
1.6 acres on slopes not to exceed 12 percent in the Shoreland District of the Rush
River in order to construct an addition onto the existing church building, construct
a storm water management detention pond, and install the POWTS in accordance
with the plans submitted and as provided in the conditions below. Approval for
this special exception permit does not include any additional grading and filling,
tree removal, structures or future parking or driveway improvements on the
outlot.
2. Prior to commencing construction, the applicants shall obtain any other required
local, state, or federal permits and approvals, including but not limited to Chapter
NR 216 and 30 permits from the Wisconsin Department of Natural Resources. A
Soil and Site Evaluation Report completed by a Certified Soil Tester must be
submitted that identifies the location for an additional Private On-site Wastewater
Treatment System (POWTS) to service the expanded church building.
3. Prior to commencing construction, the applicants shall schedule an on-site pre-
construction meeting that includes the property owners, builder, excavator, St.
Croix County Planning & Zoning and Land and Water Conservation Department
staff members. Items to be discussed include,but are not limited to, coordinating
installation of erosion control, construction timelines, compliance with all other
pre-construction conditions, and roles and responsibilities of all parties.
4. Prior to commencing construction, the applicant shall submit revised site plans
that include:
the location of an additional Private On-site Wastewater Treatment System
(POWTS);
12
the road system.Although no traffic estimates have been provided by the applicant
for the anticipated number of vehicles that may be on the site at any given time,with
conditions for maintaining existing off-street parking spaces and construction of
additional future parking areas designed to accommodate the entire church facility,
the applicant will meet the minimum parking standards pursuant to Section 17.57(7)
of the St. Croix County Zoning Ordinance.
14. The existing driveway on CTH `N' meets the 500 foot separation distance from the
centerline of the intersection with U.S. Hwy 63. The driveway access from U.S.
Hwy 63 has existed on the site,but will be eliminated as part of a reconstruction
project by Wisconsin DOT in 2009 and will not be used in the future. With
conditions that the conceptual plan for a second driveway access on CTH `N' to
future parking areas be revised to meet the maximum of one driveway with a
maximum width of 24',the applicant will meet the minimum standards for road or
highway setbacks, access and driveways pursuant to Sectionl7.60.7. of the St. Croix
County Zoning Ordinance. The applicant's engineer testified on June 26, 2008 that
the Wisconsin DOT is planning to close the driveway access on Hwy 63 and the
church is considering plans to add a 2nd driveway and parking on the adjacent outlot,
but the Board of Adjustment is not addressing these issues at this time.
Item#2 (Special Exception-Fi11in2 and Grading in the Shoreland District)
The Board makes the following Findings of Fact and Conclusions of Law pertinent to the
applicant's special exception request for filling and grading in the Shoreland District(Item
#2):
15. The applicant filed an addendum for special exception permit with the Board of
Adjustment for filling and grading an area exceeding 10,000 square feet in the
Shoreland District of the Rush River pursuant to Section 17.29(2)(d) of the St.
Croix County Zoning Ordinance. Specifically, the applicants propose to excavate
approximately one(1) acre to construct an 8,000 sq. ft., 2-story addition and
install a storm water detention pond, which will receive runoff from the building
and a future 25,000 square ft. parking area and fire access lane.
16. With conditions for implementing and maintaining proper erosion control
measures before, during, and after construction; re-vegetating the disturbed areas
with native plants and/or species the same as the plants removed, and excavating
the storm water detention pond to a depth that will allow infiltration as designed,
this request will not violate the spirit or general intent of the St. Croix County
Zoning Ordinance and will meet the requirements of Sections 17.70(7)(a) and
17.70(b) of the Shoreland District regarding potential negative environmental
impacts to the Rush River.
17. This property is located within a primary environmental corridor as identified by
the St. Croix County Development Management Plan 2000-2020 (map 22). With
conditions for implementing and maintaining proper erosion control measures
before, during and after construction; re-vegetating disturbed areas with native
11
water management plan and operation and maintenance agreements for all storm
` water features and private on-site wastewater treatment systems (POWTS) against
the property and shall provide a recorded copy to the Zoning Administrator.
12. The applicant shall have one(1) year from the date of this approval to commence
construction and two (2)years from the date of this approval to complete it.
Failure to do so shall result in expiration of the special exception permit. 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 the project. The applicant 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.
13. The applicants shall contact the Zoning Administrator to review this special
exception permit in two years from the approval date for compliance with the
conditions of this approval. These conditions may be amended or additional
conditions may be added if unanticipated circumstances arise that would affect
the health and/or safety of citizens or degrade the natural resources of St. Croix
County. Conditions will not be amended or added without notice to the applicant
and an opportunity for a hearing.
14. Any change in ownership of the property, change in use, or change in project
details—including but not limited to expansion, landscaping, or lot/access
changes—shall require prior review and approval by the Zoning Administrator
and in some circumstances through the special exception approval process as
stated in the Ordinance. Any minor change or addition to the project, including
but not limited to design of the project, future additional parking, access changes,
or POWTS location shall require review and approval by the Zoning
Administrator and the Land and Water Conservation Department prior to making
the change or addition. Any major change or addition to the originally approved
plan will have to go through the special exception approval process.
Motion carried unanimously.
Application#5: Associated Bank/Heartland Montessori School,Inc.
Reconsideration
Motion by McAllister, second by Hurtgen to reconsider and approve the special
exception permit for an institutional use in the Ag Residential District based on the
following findings of fact and conclusions of law:
1. The applicants and current permit holders are Associated Bank, current property
owners, and Heartland Montessori School, Inc., future property owners.
2. The site is located at 436 Red Brick Road in the NE '/ of the NW '/ of Section 8,
T28N, R19W, Town of Troy, St. Croix County, Wisconsin.
14
• construction notes that the storm water detention pond be excavated to a depth
that will expose sandier soils 40 or more inches below grade;
• install erosion control measures in accordance with the grading and improvements
on revised plans;
• eliminate the proposed second driveway access from CTH `N" and future parking
area;
During construction, the smallest amount of bare ground shall be exposed for as
short a time as possible. Upon completing construction, temporary ground cover
such as mulch shall be applied over exposed soil and permanent cover including
native plants and/or species the same as the plants removed shall replace those
removed during construction. Phosphorous fertilizers shall not be used to
establish and maintain vegetation on the disturbed area of the site,unless a soil
test confirms that phosphorous is needed.
5. The property shall be maintained in a neat and orderly manner.
6. No signs are approved as part of this permit. Any signage shall require prior
review and approval by the Zoning Administrator in accordance with Subchapter
VI, Section 17.65 of the St. Croix County Zoning Ordinance.
7. All lights on the site must be downward directed and shielded away from
neighboring properties to prevent glare. Only lights on the building or building
overhangs at a level not to exceed the height of the lowest eaves may be left on
overnight for security purposes. Lights in the parking lot shall only be on during
the hours of approved events.
8. General hours of operation for any event shall not extend beyond 7:00 AM and
Midnight.
9. 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.
10. Prior to commencing construction, the applicant shall submit a surety in the form
of a cash compliance deposit in an amount of$1,100.00 to be held by the Zoning
Administrator until the project has been completed and approved to be in
compliance with the conditions of this permit and all applicable provisions of the
Ordinance, at which time the deposit will be refunded in full.
11. Within 30 days of completing construction, the applicants shall supply an as-built
drawing signed by project engineer that all improvements and stormwater
components were installed as designed and shall submit photos of the site and
certification from the project engineer or registered landscape architect that the
project has been completed as approved. The applicants shall record the storm
13
9. The BOA finds that this request would not violate the spirit or general intent of the
St. Croix County Zoning Ordinance for the following reasons:
• The Town of Troy stated that the BOA decision contained a factual error in
asserting that the proposed school is an allowed use in the Ag Residential
District and that its conclusion that the request would not violate the spirit and
intent of the Ordinance compounded the error. Heartland responded that schools
are institutional uses that are allowed with a special exception permit per the St.
Croix County Zoning Ordinance,which was referenced in the applications to
both the County and the Town of Troy. The BOA finds that the proposed school
is an institutional use,which may be allowed in the Ag Residential District as a
special exception upon approval by the BOA pursuant to Section 17.15(6)(s)of
the St. Croix County Zoning Ordinance.
• The Town of Troy stated that the BOA wrongfully found that the proposed
school was more similar to in-home daycare than it is to a typical private or
public school and presented standards from Wisconsin Administrative Code §
HFS 45.05(4) supporting this claim. Heartland responded that the BOA correctly
found that the proposed school is more similar to in-home daycare than it is to a
private or public school and submitted information from a typical elementary
school, River Crest, supporting this claim. The BOA finds that the student
enrollment, staff size,level of activities, and scale of the proposed school
facilities at Heartland are more similar to an in-home daycare,which may be
allowed as a minor or major home occupation in the Ag Residential District,
than it is to a typical private or public school,which may also be allowed in the
Ag Residential District with a special exception permit. Condition#1 of
Heartland's special exception permit approved on April 24,2008 limits
enrollment to no more than 37 students aged six and under,with up to 12 parents
and up to four(4)staff members for a maximum total of 53 people on the site
at any given time during a typical school day. Condition#9 of the April 24,
2008 decision further limits the general classroom hours to 7:30 AM—6:00 PM
on weekdays,with only six special events allowed per year outside of these
general hours. These special events include parent education nights, open
houses, a Parent Orientation Potluck, and an End of School Celebration. In
comparison:
➢ the maximum number of children per provider in in-home daycare is limited
to eight(8) for a maximum total of nine(9)people on the site at any
given time per the Wisconsin Administrative Code § HFS 45.05(4). This
maximum number does not include other family members who may reside
on the site and/or additional providers/staff. General hours for most in-home
daycare facilities are similar to those stipulated for Heartland.
➢ the average student enrollment for two private and five public elementary
schools within the Hudson School District in the 2007—2008 school year
was 438 students,with the smallest enrollment of 215 students at Houlton
Elementary. Average staff for the five public elementary schools in the 2007
—2008 school year was 105, with the smallest number of staff at 52 at
Houlton Elementary. Thus,the smallest school in the District had a
maximum total number of 267 people on the site at any given time
16
3. The site is located within the Ag Residential District, which is a district in which
institutional uses such as schools are identified.
4. The applicants filed with the St. Croix County Board of Adjustment(herein after
referred to as the BOA) an application for a special exception permit to operate an
institutional use, the Heartland Montessori School, in the Ag Residential District
to pursuant to Section 17.15(6)(s) of the St. Croix County Zoning Ordinance.
5. Upon holding a public hearing on April 24, 2008, the BOA approved a special
exception permit for Heartland Montessori School to operate a preschool program
for up to 25 students and a toddler program for up to 12 students and their parents
in the Ag Residential District in the Town of Troy. The approval was based on 16
findings of fact and conclusions of law and subject to 15 conditions. These
conditions addressed specific concerns expressed by the Town of Troy Town
Board and Planning Commission, as well as concerns expressed by neighboring
residents at the public hearing. Conditions included limiting the total number of
students, staff, and parents on the site at any given time; requiring improvements
to the existing sanitary system if necessary; limiting access to the site as required
by the Town of Troy; designing the site and installing a landscaped buffer to
provide a visual and sound barrier; maintaining the residential appearance of the
site; requiring storm water measures and parking improvements to meet County
standards; requiring a cash compliance deposit; limiting noise, the general hours
of operation, and the frequency and size of special events; and other conditions to
ensure compatibility with the surrounding residential land uses.
6. At its regularly scheduled meeting on May 29, 2008, the BOA heard and voted to
approve a request for reconsideration made by Chairperson Malick. Two
additional previous requests for reconsideration were submitted by the Town of
Troy Town Board(herein after referred to as the Town of Troy) and Jane Dreis
(herein after referred to as Dreis), a resident of Red Brick Road, pursuant to
Article VIII, Section 6 of the St. Croix County Rules and By-Laws Governing the
St. Croix County Board of Adjustment. The BOA scheduled a subsequent hearing
for reconsideration on June 26, 2008.
7. Heartland Montessori School (herein after referred to as Heartland) submitted
additional information in response to the concerns and information submitted by
the Town of Troy and Dreis.
8. At the suggestion of parties that submitted written comments and testified at the
hearing on June 26, 2008,the BOA visited and observed the exterior of Heartland
Montessori School's River Falls campus. The BOA bases the following findings and
conclusions on this site visit, all written and oral testimony, findings and conclusions
from the hearing on and decision following the April 24, 2008 meeting, and all other
records pertaining to this application.
III
15
the US Department of Transportation, as well as information on the projected
weekly traffic. Based on staff calculations, there are currently 23 homes that have
driveway access to Red Brick Road. According to the ITE Traffic Generation
Manual, the average daily trips generated by a single-family home is 9.55 trips, so
the total number of average daily trips generated by existing residential
development on Red Brick Road is —220 trips (9.55 x 23 = 220). Buses, thru-
traffic, and additional traffic generated by in-home businesses and/or agricultural
operations and other adjacent uses would add to the total daily traffic counts on
the road. Staff was unable to obtain actual traffic counts for Red Brick Road, but
based on the information above, a reasonable estimate of the current daily traffic
count on Red Brick Road would be —250 trips. Residents testified at the hearing
on June 26, 2008 that homes on Red Brick Road currently generate well below
9.55 trips on a typical day. Heartland would add a maximum of 132 trips per day
during the school year, which would increase the current traffic on Red Brick
Road to —382 trips. This increased traffic would be mainly during the school year
(less during the summer months based on the current summer program hours) and
only during the general classroom hours, with the majority of trips occurring
during the peak drop off and pick up hours. Little to no additional traffic will be
generated by the school on weeknights or on weekends, except for the five special
events allowed on the site per year. Traffic will consist primarily of parents with
small children in their vehicles.
• Terry Dunst, an attorney representing residents on Red Brick Road, submitted an
excerpt from the Wisconsin Statutes referencing minimum town road standards
and testified at the hearing on June 26, 2008 that Red Brick Road does not
currently meet the minimum standards for the amount of projected traffic to be
generated by Heartland. Mr. Dunst did not provide average daily traffic counts or
roadway measurements for Red Brick Road to support this claim, but staff
conducted measurements along Red Brick Road from the curve just west of the
Heartland site east to Townsvalley Road, and found that the surface width was 20
feet, the roadway width (including gravel shoulders) ranged from 22 feet to 26
feet, and the average grade was 3%. According to the town road standards in
Wisconsin Statute §82.50(1)(c) and (d), these measurements are fairly consistent
with the standards for average daily trips of 100-250, but not for average daily
trips of 251 — 400. Wisconsin Statute §82.50(2) and (3) go on to state that
deviations to these standards may be approved by the Department of
Transportation, and that these standards do not apply to improvements on town
roads existing on October 1992, in which case the standards do not apply to Red
Brick Road. As such, potential safety concerns could be addressed with relatively
simple and cost-effective improvements such as slower speeds, posted school
zones, pedestrian crosswalks, or stop signs as mentioned above. Town Chairman,
Ray Knapp, testified at the hearing on June 26, 2008 that the Town's five-year
plan does not identify future improvements to Red Brick Road. Condition #3 of
the BOA decision of April 24, 2008 states that many of the concerns expressed by
neighbors would be mitigated if the access were from Coulee Trail.
11. The BOA finds that this request would not be substantially adverse to property
18
I
i
during a typical school day,not including parents or other visitors to the site.
Additionally, elementary schools regularly host a variety of on-site sporting
and extra-curricular activities outside of general classroom hours and feature
larger facilities.
• Conditions have been placed on the special exception permit to keep enrollment
on the site small,limit the frequency and size of special events,restrict future
expansion without prior BOA approval, and maintain the residential appearance
of the property long-term to ensure
p p that Heartland will be a reason
�Y g able,
appropriate, and compatible use in this location.
10. The BOA finds that this request would not negatively impact the health, safety, or
welfare of the public for the following reasons:
• The Town of Troy states that County staff did not develop evidence on the
magnitude of the predicted increase in traffic caused by the proposed school,
most notably current traffic counts on Red Brick Road and Coulee Road, for the
BOA to make an informed decision.The BOA finds that the potential increase in
traffic generated by Heartland is not significant enough warrant a traffic impact
study,let alone denial of the special exception permit.The Institute of
Transportation Engineers(PTE)recommends that a traffic impact study is
necessary for any proposed development that would be expected to generate
over 100 directional trips during the peak hour of the traffic generator or over
750 trips in an average day. Based on these criteria, staff offered the following
calculations:
➢ The peak hour for Heartland will generally be from 7:00 AM—8:00 AM M-
F. Assuming all four(4) staff members arrive between 7:00 and 7:30 and all
25 students in the preschool program are dropped off by their parents
between 7:30—8:00,the maximum number of inbound and outbound trips
during this hour would total 54 trips((4 staff x 1)+(25 parents x 2)=54),
which is significantly less than the 100-trip threshold. This calculation does
not account for low enrollment, families with more than one student
enrolled, or carpooling, all of which would reduce the number of directional
trips during the peak hour.
➢ In an average day, the school would generate a maximum total of 132
directional trips assuming full enrollment of 37 students and four(4) staff
members ((4 staff x 2)+ (12 parents/toddlers x 2)+ (25 parents/preschoolers
AM x 2)+(25 parents/toddlers PM x 2)= 132),which is significantly less
than the 750-trip threshold.
➢ It is important to note that even if an impact study were warranted, the
general purpose of such study would be to determine if improvements such
as slower speeds,posted school zones,pedestrian crosswalks, stop signs,
wider roadway surfaces, or left turn lanes would be necessary to address
potential safety concerns. The Town of Troy has the authority to require
such improvements on town roads under its jurisdiction.
• Dreis wrote that the increase in traffic was not well considered by the BOA and
submitted calculations for vehicle trips on Red Brick Road. Heartland also
submitted weekly vehicle trip calculations for Red Brick Road based on data from
17
before the BOA at a public hearing for any future increase in enrollment or
change in activities.
• Dreis wrote that the BOA decision of April 24,2008 was in error regarding
noise nuisance, and that Condition#9 of that decision neglects to specify times
for early drop off and late pick up.Dreis submitted calculations on car door
slams and a written opinion on the noise generated by 37 toddlers and
preschoolers. Heartland responded that the toddler program would not have a
recess so only 25 preschoolers would potentially be outside, and stated that the
playground and parking lot would be at least 50 yards and 25 yards,respectively,
from the closest residences and would be buffered by vegetation and a six-foot
privacy fence. Heartland also clarified that current laws do not allow parents to
drop children off prior to or pick children up after the general classroom hours
stipulated in Condition#9 of the April 24, 2008 decision.The BOA finds that
any increase in noise from car door slams would be limited to the peak drop off
and pick up times on school days, and any noise from children would be during
limited classroom hours.All noise will be buffered by distance,vegetation, and
privacy fencing. Little to no additional noise will occur on weeknights or
weekends.
• Conditions have been placed on the permit to limit lighting,general hours of
operation, and the frequency and size of special events to ensure that nuisances
do not occur.
13. Based on testimony at the June 26,2008 hearing,the BOA finds that additional
issues have been raised that would require a change to the conditions of the April
24,2008 decision:
• the time to correct any deficiency in the existing sanitary system,
• the location of the driveway,
• the number of special events, and
• preserving the residential appearance of the house.
14. The BOA supports all other findings of the April 24,2008 decision.
With the following conditions:
1. This special exception permit is for the Heartland Montessori School, Inc., to
operate a school in the Ag Residential District for up to 37 students on the site at
any given time, including 25 students aged two to six and 12 toddlers and their
parents, as well as staff from the existing Hudson campus as indicated in the
plans, and as provided in the conditions below. Approval for this special
exception permit does not include any additional programs, students, structures,
or other activities or uses not shown or indicated in the plans.
2. Prior to commencing use of the site as a school, the applicants shall secure all
necessary local, state, and federal permits and approvals, including but not
limited to verification from the County Planning and Zoning Department that the
existing sanitary system is sufficient for the proposed use. In the event that the
20
values for nearby residences for the following reasons:
• Dreis wrote that the BOA decision regarding the impact of the proposed school
on residential property values was based on testimony by a realtor who was
biased and should be discarded, and submitted a letter from a certified appraiser
and licensed Wisconsin real estate broker stating that there is no available
information or studies to prove that property values would increase or decrease
as a result of the proposed school.The realtor offered her opinion that the
proposed school would have a negative effect on property values due to
increased noise and traffic, and decreased safety and open space. Heartland
responded that this opinion provided no evidence that property values will
decrease. Heartland provided information on the amount of foreclosures and
vacancies on Red Brick Road and the limited amount of preschool options
available in the Town of Troy, concluding that with the large inventory of
houses, the proximity of good available schools is a major consideration for
buyers in the area. Heartland also submitted articles indicating that high
performing public schools have a positive influence on surrounding residential
property values. Finally,Heartland referred to comments from Town of Troy
Planning Commission members in the 2007 minutes submitted by Dreis
expressing support for Heartland Montessori School to locate in the Town of
Troy. The BOA finds that opinions and research on the impact of school
proximity to residential property values is inconclusive;however,in the Hudson
School District alone many schools are located in or adjacent to residential
neighborhoods that are thriving. Also,numerous conditions have been placed on
Heartland's permit to ensure that it will not have a negative impact on property
values in the immediate area, including but not limited to providing adequate
off-street parking;managing storm water runoff on the site;maintaining the
property in a neat and orderly manner; enhancing the natural open space
qualities of the site; screening and buffering all outdoor play and teaching areas;
and ensuring that the sanitary system has sufficient capacity for the proposed
use.
• The BOA further finds that the residential appearance of the site will be retained
consistent with the surrounding area.No major changes will be made to the
exterior residential appearance of the existing house,the playground will be
located in the side and/or rear yard consistent with existing residential
development in the neighborhood, and all parking and outdoor play and teaching
areas will be screened from the road and adjacent residential properties by
vegetation and/or privacy fencing.
12. The BOA finds that this request would not constitute a nuisance by reason of noise,
dust, smoke, odor or other similar factors for the following reasons:
• Dreis wrote that the school's plans for future expansion were not considered.
She also submitted minutes from an August 2, 2007 Town of Troy Planning
Commission meeting referencing a previous application for a different site.
Heartland responded that the 2007 application was for a different site and is
irrelevant. The BOA finds that it accounted for future expansion in Condition
#13 of the April 24, 2008 decision, which requires Heartland to come back
19
Administrator until the fencing, landscaping,paving, and rain garden have been
completed and approved to be in compliance with the conditions of this permit
and all applicable provisions of the Ordinance, at which time the deposit will be
refunded in full.
7. No signage is approved as part of this permit. All future signage on the site must
adhere to the standards and permit requirements in the St. Croix County Sign
Ordinance.
i
8. All new lights on the site and on the building must be downward directed and
shielded away from neighboring properties to prevent glare. No lights shall be at
a height exceeding that of the lowest eaves of the building.
9. General classroom hours shall not extend beyond 7:30 AM—6:00 PM M-F with
extended hours for up to five events per year. The End of the Year Celebration
shall not be held at this site. Staff and volunteers shall be allowed on the property
at any time for property maintenance and other school-related activities.
10. Any events for which traffic is estimated to exceed the amount of designated
paved off-street parking on the site shall be held at another location.
11. The applicants shall retain the residential appearance of the building and the site
and shall maintain the property and all structures and facilities on it in a neat and
orderly matter.
12. Upon complaints of regularly occurring loud noise, traffic safety problems, or
off-street parking, the applicants shall work with the Zoning Administrator to
address the problems. In the event that the matter cannot be resolved
administratively, it shall be taken before the Board of Adjustment at a public
hearing. Existing conditions may be amended or additional conditions may be
added by the Board of Adjustment to address these issues or any other
unanticipated circumstances that would affect the health and/or safety of citizens
or degrade the natural resources of St. Croix County.
13. Any change in ownership of the property or buildings, use of the property or
buildings, or expansion of the facilities or programs - including but not limited to
additions to the existing building, new structures, parking, or increased
enrollment - shall require prior review and approval by the Board of Adjustment
at a public hearing.
14. The applicants shall have one (1) year from the approval of the special exception
permit (specifically the filing date) or from the date of conclusion of any
litigation, whichever is later, to commence use of the site as a school. Failure to
22
existing system is determined to be insufficient, the applicants shall install a
replacement system before commencing use of the site as a school.
3. Prior to commencing use of the site as a school, the applicants shall limit access
to the site to only one driveway from either Coulee Trail or Red Brick Road. The
Board of Adjustment strongly recommends that access should be from Coulee
Trail, not Red Brick Road, and that access should revert back to Red Brick Road
when ownership or use of the site changes. The Board of Adjustment notes that
many of the concerns expressed by neighbors would be mitigated if the access
were from Coulee Trail. The second access shall be closed as specified by the
Town of Troy.
4. Prior to commencing use of the site as a school, the applicants shall install the
fenced playground area, which shall be located no closer to Red Brick Road than
the southeast corner of the existing front porch. Within this same timeframe, the
applicants shall submit to and have approved by the Zoning Administrator a
landscaping plan to provide a vegetative buffer around all outdoor play and
teaching areas sufficient to substantially screen these areas from adjacent
residential properties and public roads. The buffer shall be at least 10 feet in
width and include native evergreens at least six feet in height at the time of
planting. The buffer shall attain at least 80%opacity at maturity. The plan must
include the species, size, and location of all evergreens to be planted on the site,
as well as a timeline for the plantings and a maintenance agreement to ensure that
all vegetation establishes successfully and is maintained. The applicant shall be
responsible for ensuring that all outdoor play and teaching areas are reasonably
screened from adjoining properties and public roads at all times. All approved
vegetation shall be planted as soon as weather permits for plantings to be
successful.
5. Prior to commencing use of the site as a school, the shed and bus shelter shall be
removed, the parking lot and driveway shall be paved, the wooden privacy fence
shall be constructed, and the rain garden shall be installed in accordance with the
approved plans. The applicants shall be responsible for providing 16 paved
parking stalls, maintaining sufficient off-street parking throughout the duration of
the school operation, monitoring and maintaining the capacity of the rain garden
to infiltrate storm water from the parking lot, and for providing any additional
vegetative screening as deemed necessary by the Zoning Administrator to ensure
that all parking areas are reasonably screened with a fence or with a vegetative
buffer(as described in Condition#4 above) from any adjacent residential
properties and public roads. There shall be no parking on any road, unless
approved by the Town of Troy.
6. Prior to commencing construction of the proposed building, the applicants shall
submit to and have approved by the Zoning Administrator a surety in the form of
a cash compliance deposit in the amount of$1,100 to be held by the Zoning
21
Planning and Zoning Department and has complied with the conditions of the
special exception permit last approved on May 22, 2003. The financial assurance
for reclamation on file with the Planning and Zoning Department has expired;
however,the applicant is currently working on securing new financial assurance
for an updated amount as part of this renewal.
7. The applicant has complied with annual reporting requirements and has paid
annual nonmetallic mining reclamation fees through 2008.
8. This request would not violate the spirit or general intent of the Ordinance since
nonmetallic mining is a permitted use in the Ag Residential District and is an
industry that contributes to the County's economic well being.
�I
9. This request would not be contrary to the public health, safety, or general welfare
or be substantially adverse to property values in the surrounding neighborhood.
The applicant is not proposing any change in general hours or operations,
expansions to the operation, or change in reclamation and the final land use. No
new access roads will be created and traffic will not increase. The site is isolated
and surrounded by public land owned by the Wisconsin Department of Natural
Resources to the west and agricultural fields, grasslands, and woodlands to the
north, east, and south. It is not close to any existing residences or visible from
adjacent property. Upon completing mining,the site will be restored to pastures
and grasslands similar to the surrounding area. The mining operation is currently
not visible from adjacent properties and is heavily screened by existing woodlands,
berms, and hilly topography. A minimum 100-foot buffer will be maintained
around the perimeter of the mine.No mining will occur within 46 feet of
groundwater and no water will be used as part of the operation, except for dust
control. With conditions restricting any future mining below the groundwater
elevation until a hydrogeologic report has been submitted and approved, any
potential negative impacts would be addressed.
10. With conditions for maintaining a 100-foot buffer around the perimeter of the
mining operation, limiting the general hours of operation, requiring continued
noise and dust abatement, and restricting the storage of fuel on the site, the
existing mining operation will not constitute a nuisance by reason of noise, dust,
or other factor. The mine operation is surrounded by undeveloped agricultural
croplands and public land owned by the Wisconsin Department of Natural
Resources.
11. With conditions to maintain a 100-foot buffer around the perimeter of the mining
operation,particularly along the western property line adjacent to the recently
reclaimed land currently owned by the Wisconsin Department of Natural
Resources, this request will comply with the provisions of Chapter 14, the St.
Croix County Nonmetallic Mining Ordinance.
12. The Town of Emerald Town Board has recommended approval of this request.
24
do so shall result in expiration of the special exception permit. If the special
exception permit expires within this timeframe, the applicant will be required to
secure a new special exception permit. 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.
15. 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 reaffirm the April 24, 2008 decision as modified:
Nelson, no; McAllister, yes; Hurtgen, yes; Chairperson Malick, yes; Peterson, no.
Motion carried 3-2.
Application#1: Mathy Construction Company- Special Exception
Motion by Hurtgen, second by Peterson to renew a special exception permit for an existing
non-metallic mining operation based on the following findings of fact and conclusions of
law:
1. The applicant is Mathy Construction Company,property owner and mine operator.
2. The site is located at the intersection of 240th Street and 160th Avenue in the NE '/a
of the SE '/ of Section 9 and the W % of the NW '/ of Section 10, T29N, R18W,
Town of Emerald, St. Croix County, Wisconsin.
3. The applicant filed with the Board of Adjustment an application to renew a
special exception permit for an existing limestone quarry pursuant to Section
17.15(6)(g)of the St. Croix County Zoning Ordinance and subject to the provisions
of Section 14.3 A.6.a. of the Nonmetallic Mining Ordinance. According to the
applicant, the quarry has been in operation since the late 1940s. The applicant
currently operates the quarry under a special exception permit that was last renewed
by the Board of Adjustment on May 22, 2003. The mine is situated on several
parcels totaling 45.52 acres, all of which is zoned Ag Residential.
4. The mine had previously extended onto an adjacent 40-acre parcel to the west that
was owned by and leased from Lowell Bliss and William Potts. In January 2005,
mining was discontinued on this parcel and it was sold to Pheasants Forever. The
parcel is currently owned by the Wisconsin Department of Natural Resources and
reclamation was recently completed on it in spring 2008
5. Currently, the entire remaining mine is wholly owned and operated by applicant.
The active mining operation comprises an area of approximately 11.6 acres in the
northwest corner of the site and will never exceed a total open area of 20 acres.
6. The applicant has no violations or complaints on record with the St. Croix County
23
for mining operations and sales, crushing, and/or recycling asphalt to the Zoning
Administrator for prior review and approval.
8. No fuel shall be stored on the site.
9. Upon any change in ownership or operation of the mine, the applicant shall
submit to the Zoning Administrator the name and contact information of the
owner and primary mine operator. The operator shall comply with all of the
general requirements and conditions listed in the nonmetallic mining and
reclamation standards in Chapter 14—Nonmetallic Mining Ordinance(unless
varied per conditions).
10. Any minor change(or addition)in area,use, or mining activities beyond what is
indicated in the plans shall require prior review and approval by the Zoning
Administrator. Major changes - including but not limited to mining below the
groundwater table- shall require the special exception approval process. Any
future request to mine below groundwater shall also require the submittal of a
hydrogeologic report to ensure that mining operations and reclamation will be
conducted in a manner that does not negatively impact groundwater quality or
quantity pursuant to Section 14.2 A.B. of the St. Croix County Nonmetallic
Mining Ordinance.
11. 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 notice to the applicant and an opportunity for a
hearing.
12. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
Motion carried unanimously.
Application #2: Town of Emerald- Special Exception Amendment
Motion by McAllister, second by Nelson to amend the special exception permit for a new
town hall approved by the St. Croix County Board of Adjustment on May 24, 2007 in
order to remove the landscaping requirements around the parking lot per Condition#4
based on the following findings of fact and conclusions of law:
1. The applicant is the Town of Emerald,property owner.
2. The site is located on County Highway G in the SE '/ of the SW '/ of Section 15,
T30N, R16W, Town of Emerald, St. Croix County, Wisconsin.
26
13. The Land and Water Conservation Department has reviewed the application and
finds the operation and reclamation plan to be complete.The Department also noted
that the applicant has made great progress in restoring and stabilizing the site in the
past five years.
14. The Wisconsin Department of Natural Resources has not submitted a
recommendation on this request.
With the following conditions:
1. This special exception approval allows the existing limestone quarry to continue
as indicated in the plans submitted and as provided in the conditions below.
Approval does not include any change or expansion in area, operations, or
reclamation. This approval is valid for a period of five years and expires June 26,
2013, at which time it must be renewed pursuant to Section 14.3 A.6.a-b of the
Nonmetallic Mining Ordinance.
2. Within 30 days of this approval, the applicant must file with the Zoning
Administrator appropriate financial assurance in an amount not less than $3,000
per acre for the maximum anticipated open area of 20 acres (for a total of
$60,000)pursuant to Section 14.7(A)1 of the St. Croix County Nonmetallic
Mining Ordinance. Site reclamation shall proceed in accordance with the
reclamation plan.
3. The applicant shall continue to meet the conditions of the May 2
pp y 2, 2003 special
exception decision, unless stated otherwise in conditions that are a part of this
approval.
4. The applicant shall maintain a minimum 100-foot buffer around the perimeter of
the mining operation, including but not limited to the area along the western
property line adjacent to the recently reclaimed land currently owned by the
Wisconsin Department of Natural Resources.
5. The applicant shall continue to adhere to all local, state, and federal rules,
regulations, and permits during the life of the operation, including but not limited
to the Wisconsin Department of Natural Resource's storm water requirements.
6. The applicant shall continue to abate dust and noise and protect surface and
groundwater in accordance with the plans submitted.
7. General hours of operation and sales shall not extend beyond 6 AM— 10 PM
Monday—Friday. The applicant may submit a written request for extended hours
25
owner expressed concerns about noise or other similar factors;however,the
screening required as part of the proposed condition would also help to provide a
noise buffer from existing and future residential development.No odors or dust are
anticipated as part of the town hall use.
8. The Town of Emerald is the applicant and as such has not submitted a
recommendation.
With the modified condition:
Condition#4: Prior to commencing construction, the applicant shall submit to and
have approved by the Zoning Administrator the following items:
I
• A landscaping plan to create a vegetative buffer at least 10 feet in width along
the west and east property lines that includes native evergreen trees and shrubs
at least one foot in height at the time of planting to screen the parking lot from
adjacent properties and retain the rural character and natural beauty of the
area. The buffer shall attain at least 80% opacity at maturity. The plan should
include the species, size, and location of all trees, shrubs, and groundcover to
be planted on the site. Upon complaint by neighboring property owners and
review by the Zoning Administrator, the applicant may be required to provide
additional landscaped buffers along the north and south property lines.
The applicants shall strictly adhere to all other conditions of the Board of Adjustment's
May 24, 2007 decision.
Motion carried unanimously.
Application#4: Jeffery J. Egan—Special Exception and Variances
Motion by Hurtgen, second by Peterson to approve the special exception permit for a major
home occupation in the Ag-Residential District and a variance for a major home occupation
to be located less than 500 feet from a preexisting neighboring residence and to deny a
variance to use an area greater than 1, 000 square feet in an accessory structure for a major
home occupation based on the following findings of fact and conclusions of law:
1. The applicant is Jeffrey Egan, property owner.
2. The site is located at the NE '/ of the SW '/, and SE '/ of the SW '/4, Section 28,
T3 ON, R18W, Town of Richmond, St. Croix County, Wisconsin.
3. The Town of Richmond Town Board recommended approval of Item #l.
Item#1 (Special exception for a Major Home Occupation)
The Board makes the following Findings of Fact and Conclusions of Law pertinent to the
applicant's special exception request for a major home occupation (Item #1):
28
3. The applicant filed with the Board of Adjustment an application for a special
exception permit to construct a new town hall and shop in the Ag Residential
District pursuant to Section 17.15(6)(u) of the St. Croix County Zoning
Ordinance. On May 24, 2007, the St. Croix County Board of Adjustment(Board)
approved a special exception permit. The new building and parking lot have been
constructed on the proposed 3-acre lot located on County Highway G. The
parking lot is approximately 9,280-square feet in size and can accommodate
approximately 40 vehicles. Per Condition#4 of the Board's approval,the
applicant was required to plant a native vegetative buffer along the west and east
property lines to screen the parking lot from adjacent properties and retain the
rural character and natural beauty of the area.
4. The applicant requests an amendment to Condition#4 so that it does not have to
screen the parking lot. The applicant plans a community volunteer project this
summer to seed the site and plant flowers. The applicant has stated that planting
flowers instead of trees will save$9,000, which could be used elsewhere in the
Town, and that trees would deter from the view of the new town hall building.
The applicant also submitted signed letters from the adjoining property owners
and the two closest residents to the west and east(with homes located
approximately 650 feet and 850 feet from the parking lot, respectively) in support
of not planting trees along the west and east property lines to screen headlights.
5. This amendment request would not violate the spirit or general intent of the St.
Croix County Zoning Ordinance.The purpose of the Ag Residential District is to
allow uses that are compatible with both agricultural and residential land uses.The
town hall and shop are located in a rural area surrounded primarily by agricultural
and low-density residential uses. Owners of the adjoining property and closest
residences to the west and east have submitted letters in support of the amendment
request.
6. The primary public purpose of vegetative screening around parking lots is to p rotect
adjoining property owners from car headlights and visual impacts that detract from
the residential character,value, and enjoyment of their property. Current adjacent
property owners to the west and east have submitted letters in support of the
amendment, stating that they are not concerned about lights and mentioning no
concerns regarding views. With a condition for reducing the landscaping
requirements to the minimum height and amount necessary to screen headlights and
enhance the appearance of the site, this amendment 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 since negative impacts would be
mitigated.
7. With the condition listed in Finding#6 above, this amendment request would not
constitute a nuisance by reason of noise, dust, odor,or other similar factor. The
closest existing residences are located approximately 650 feet to the west of the
existing parking lot and 850 feet to the east of the parking lot.Neither property
27
Item#2 (Variance to the 1000 sauare foot maximum allowed in an accessory
structure
The Board makes the following Findings of Fact and Conclusions of Law pertinent to the
applicant's variance request to use an area greater then 1000 square feet in an accessory
residence.(Item#2):
6. The applicants filed and application with the Board of Adjustment for a variance
to 1000 square foot maximum allowed in an accessory structure. Pursuant to
section 17.155 (6) (d)4. The applicant wants to use 1440 square feet for the shop
and an additional 160 square feet for the varnishing room for a total of 1600
square feet.
7. The primary purpose of square footage provisions is to limit the size of home
occupations in order to make them consistent with residential use. An operation
that exceeds the 1000 square foot limit would be better located in a commercial
district.
8. Literal enforcement of the Ordinance would not result in a hardship associated
with this request since the applicant could operate this business within the
recommended 1000 square foot limit.
Item#3 (Variance to the 500 foot spacing requirement)
The Board makes the following Findings of Fact and Conclusions of Law pertinent to the
applicant's variance request to locate a major home occupation less than 500 feet from a
pre-existing residence.(Item#3)
9. The applicants filed an application with the Board of Adjustment for a variance to
the requirement that major home occupation must not be located within 500 feet
of an existing residence. Pursuant to section 17.155 (6) (d) 2. The accessory
structure that is proposed to contain the major home occupation is approximately
460 feet from the residence to the north.
10. The primary purpose of this spacing requirement is to protect pre-existing
neighboring residences from potentially conflicting uses. The proposed
woodworking shop is insulated, has a dust collection system and a varnish room
with an explosion proof fan and three filters that are cleaned regularly. With
these measures in place the current 460 feet of spacing would be sufficient to
protect the neighboring property to the north from dust, noise and odors.
11. Literal enforcement of the Ordinance would result in a hardship. Section 17.155
(6) (d) 2 requires that major home occupations not be located within 500 feet of
any pre-existing neighboring residence. The spacing requirement does not take
into account future neighboring residences. In this case the applicant has space on
his property to meet the spacing requirement to the pre-existing neighboring
residence to the north; however, moving the shop to meet the requirement would
30
1. The applicant filed an application with the Board of Adjustment for a special
exception permit for a major home occupation to operate a woodworking shop
pursuant to Sections 17.155(6) and 17.15(6)(r) of the St. Croix County Zoning
Ordinance. Specifically the applicant requests to operate a woodworking shop to
manufacture fireplace mantels out of a 36 b 60 foot accessory building� y ry d ng in the Ag.
Residential district in the Town of Richmond. The proposed shop will occupy
1
600 square feet of the 2
q 160 square foot building. The applicant will live in the
residence that is located on the same lot.
2. This request does not violate the spirit or general intent of the St. Croix County
Zoning Ordinance in that major home occupations may be allowed in the Ag
Residential District with a special exception permit. Granting this request will
allow for the existence of a small, locally owned and operated business. The
applicants will reside on the lot and the primary use and appearance of the lot will
remain residential. The location of the shop in the accessory structure will not
detract from the residential appearance of the property. The applicant has painted
the accessory structure to match the house and they fit well into the rural
landscape.
3. Granting this request will not be contrary to the health, safety or general welfare
of the public, since the flammable liquids are stored in metal lockers, the varnish
room has an explosion proof fan with three filters that are cleaned regularly and
the varnish room waste is brought into a recycling center. This building also has a
security system. This shop will not adversely affect property values in the
neighborhood. There is no retail with customers driving to and from the site and
there would be minimal traffic and adequate parking with only two employees.
With conditions that the applicant continue to maintain the primary appearance of
the property as residential and in a neat and orderly manner, this request will not
be substantially adverse to property values in the neighborhood.
4. This request would not constitute a nuisance by reason of noise, dust, smoke, or
other similar factors due to the fact that the shop is insulated for sound,has a dust
collection system and a varnish room with exhaust system and three filters that
are cleaned regularly.
5. This request meets all the standards under Section 17.155(6) Major Home
Occupations except for 17.155(6) (d) 2. that states, "Major home occupations may
not be located within 500 feet of any pre-existing residence" and 17.155 (6) (d) 4.
that states, "Where an accessory structure is used, the total floor area dedicated to
the home occupation, including any area used in the dwelling, shall be limited to
one thousand square feet" The applicant has applied for variances to these two
provisions.
29
10. A land use permit is required for any signs associated with a major home
occupation. Pursuant to Subchapter 6, Section 17.65 (D) (2) (h) of the Saint
Croix County Zoning Ordinance.
11. The applicant shall be responsible for contacting the Zoning Administrator to
review this special exception permit in two years from the approval date for
compliance(June 2010). These conditions may be amended or more 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 changed without notice to the applicant and opportunity for
a hearing.
12. Any minor change or addition to the major home occupation, including but not
limited to a change in use or the addition of services or staff, shall require review
and approval by the Zoning Administrator prior to making the change or addition.
Any major change or addition to the originally approved plan will have to go
through the special exception approval process.
13. Accepting this decision means that the applicant and all property owners have
read, understand, and agree to all conditions of this decision
Motion carried unanimously.
New Business
Staff gave a legal update on the following:
Murr Case: Dave Frodorczi provided the Board an update that Corporation Counsel and
the Plantiff s attorney were meeting in front of Judge Vlack at 1:00 p.m. on Friday, May
27, 2008.
Micabren Acres: Status update on the Conditions of permits will be placed on the August
28, 2008 Agenda.
The meeting was adjourned by Chairman Malick at 12:29 p.m.
Respectfully submitted,
Be
Sue Nelson, Secretary Becky Egg 4i, Rec r Secretary
32
place it closer to the lot line to the south and potentially closer to the lot lines to
the east or west. These lots are currently undeveloped but future residences on
the neighboring lots would be even closer than to the residence to the north. Due
to these physical characteristics moving the shop to meet the requirement would
be unnecessarily burdensome and could be potentially worse for future
neighboring residences.
12. The amount of relief would be approximately 10 percent of the required setback
and minimal in nature.
With the following conditions:
1. The special exception permit allows the applicant, Jeff Egan,to operate a
woodworking shop out of an accessory building as indicated on the application
submitted on May 5, 2008, and as provided in the conditions below. Approval for
this special exception permit does not include any additional accessory structures,
services, activities or operations not indicated as part of the plans.
2. This special exception permit shall be temporary in nature and shall be granted
only to Jeff Egan located on lot 39 of the Plat of Richmond Acres. It shall not be
transferable from person to person or address to address.
3. The woodworking shop shall only occupy 1000 square feet of the accessory
building. Within 30 days of this approval, the applicant shall reduce the square
footage to the required 1000 feet and schedule a site visit for staff to verify.
4. Prior to commencing operation of the major home occupation at this location, the
applicant shall obtain any other required local, state, or federal permits and
approvals.
5. Hours of operation will not extend beyond 4:00 pm to 7:00 pm Monday through
Friday and 7:00 am to Noon on Saturday.
6. The applicant shall have no more than two employees in addition to himself.
7. Varnish room filters shall contain charcoal or some other media to filter out
varnish odors. And shall be maintained in accordance with manufacturers
recommendation.
8. The applicant shall be responsible for keeping the property in a neat and orderly
manner. No materials or equipment shall be stored outside or be allowed to
accumulate on the property.
9. All lighting associated with the business shall be illuminated downward and
shielded away from neighboring properties to avoid glare.
31
I
.,.'.':.?.F +/M.,.'%A/"////i -i.:.;-: .1�.�•••."A� ��"!" �kY��b A'a G.�„ / //!b,”. �, ,Ar�`z�➢�.e«, i:.�..!.///..'%/62!'r,'°
m agement s�ruc ures wi in he'Shorerand�istnct along tie l s i fiver.
2. P ce Lutheran Church is responsible to obtain any other necessary local, state, or federal plan review,
provals and/or permits prior to beginning construction on this phase of the project. Construction must
c mmence within one year of this approval.
3. T plicant shall comply with all other conditions in the above-referenced special exception permit,
incluy installation of Best Management Practices during the construction of the parking areas and
gra J, or the stormwater conveyance channels to control erosion and sedimentation that may be
gen on site.
4. As in the special exception permit Condition#5,the property must remain in a neat and orderly manner.
Please feel fre contact me with any questions or concerns.
Sincer
Pamela
Zonin ecialist/Zoning Administrator
Clerk,Town of Rush River
Steve Olson,Land&Water Conservation Dept.
Roger Humphrey,Humphrey Engineering
Kevin Grabau, St.Croix County Code Administrator
.v
�i
STO CROIX COUNTY
Mu� °'�
PLANNING
September 8,2009 File Ref: #SE0174
Pastor John Hanson
Peace Lutheran Church
MR 2084 CTH"N"
Baldwin,WI 54002
Code Administrate
715-386-4680 Re: St.Croix County Special Exception Permit for Peace Lutheran Church
Land Information 'k Parcel#12.28.17.95A20, 12.28.17.96B and 12.28.17.96D,Town of Rush River
Planning
715-386-4674 'n Dear Pastor Hanson:
Real Prope This letter confirms administrative zoning approval for the proposed expansion of parking on the
715-38 677 site of Peace Lutheran Church as depicted in the Humphrey Engineering plans submitted to the
St. Croix County Planning and Zoning Department on September 8, 2009. Subsequent to our
Re ling meeting with Roger Humphrey today, staff has determined that the proposed plan modifications
-386-4675 qualify as "minor" and will meet the spirit and intent of the ordinance based on the following
findings of fact:
1. The site is zoned Ag-Residential and is located in the Shoreland overlay district of
the Rush River.
' ga 2. Peace Lutheran Church received a special exception permit from the St. Croix
County Board of Adjustment on June 26,2008 to build an addition onto the existing
church, construct a stormwater management pond,and install a new POWTS on the
site.
3. Condition#14 of the Board's decision requires review and approval by the Zoning
Administrator for any minor change or addition to the project,including but not
limited to design of the project, future additional parking, access changes, or
POWTS location.
4. The Wisconsin DOT recently completed changes at the intersection of Hwy 63 and
l CTH"N", which resulted in elimination of an access to the church from Hwy 63.
5. Proposed modifications to the existing driveway off CTH"N"to accommodate two-
way traffic will result in the loss of 44 existing parking stalls. The proposed
additional parking outside the Shoreland District and an extension of the stormwater
pond's runoff conveyance channel are minor changes to the original approved
project and does not alter the intended use on the site.
6. Stormwater runoff will be adequately retained and treated on the Church's property.
%r This approval is subject to the following conditions:
1. Approval is only for proposed modifications to the driveway and parking areas already
under construction and to the stormwater detention pond and does not include the
1010 1 addition of employees,outdoor lighting, signage,and/or other impervious coverage.The
proposed additional northeast parking area, which is outside the Shoreland District,
will be graded and have a temporary gravel surface in order to keep the project
moving forward. Paving and runoff from the parking lots will be included in an
application to amend the special exception permit for expansion of the stormwater
ST.CRo/X COUNTY GOVERNMENT CENTER
110 1 CARM/CHAEL ROAD,HUDSON, Wi 54016 7153864686 FAx
PZ9CO.SA/NT-CRO/X.W1 US WWW.CO.SAINT-CROIX.WI.US
8 4 6 1 6 5
KATHLEEN H. MIALSH
Document Number REGISTER OF DEEDS
AUTHORIZATION FOR ACCESS TO OR ACROSS A ST. CROIX CO., WI
CONTROLLED-ACCESS HIGHWAY RECEIVED FOR RECORD
Wisconsin Department of Transportation
DT2048 21103(Replaces ED D02) 03/09/2007 08:00AH
Pursuant to the provisions of s.84.25 Wisconsin Statutes,the Department of Transportation has CONTROLLED ACCESS
established a section of USH 63 in St Croix County,as a Controlled-Access Highway,designated EXEMPT
as Controlled-Access Project 7210-02-29,effective on and after 121512006; as the Document
Number 843069. REC FEE: 11,00
The Department of Transportation approves and consents to direct access between said highway TRANS FEE
COPY :
F
and the lands of the owner(s)in the SE 114 of the SE 114 of SEC 12,T28N,R17W,Town of Rush CC FEE:
River,St Croix County, PAGES: 1
by means of one Private Restricted Driveway located as follows:one private restricted driveway
located on the west side of USH 63.
Driveway No.372:A private driveway is authorized,restricted to the institutional purpose of
religious worship.Said authorization shall continue only as long as the land is used for such This s ace is reserved for recordin data
purpose. Return to:
The authorized access shall be located entirely within the limits of the above described property, Wisconsin Department of Transportation
subject to the terms and conditions as are set forth in the"APPLICATIONS/PERMIT TO P P
CONSTRUCT ACCESS DRIVEWAY TO STATE HIGHWAY",required by Section 86.07(2), 718 West Clairmont Avenue
Wisconsin Statutes. Eau Claire,WI 54701
......................................................................................................
Parcel Identification Number/Tax Key Number
028-1018-60-000,028-1018-80-OOD
THIS AUTHORIZATION,superseding any and all prior Notices of Authorizations,is issued to the following owner(s)of the above-described property,the
heirs,successors and assigns.
Peace Lutheran Church
(Owner Name) (Owner Name)
2084 County Road N,Baldwin,W 1 54002
(Address) (Address)
Wise sin De m Tra / rtation
n/l 3. �
(For Region Director Signature) (Date)
Thomas J.Beekman
(Print Name)
State of Wisconsin )
)ss.
Eau Claire County )
On the above date,this instrument s acknowledged before me by the
named person( ).
(Siqlaturel No ry Public,State of lsconsin)
Jeffry J.Abboud
(Print or Type Name,Notary Public,State of Wisconsin)
yt�{ ')• A� 5/31/2009
{Y (Date Commission Expires)
:cep rA RECEIVED
sue. p.u��,G
JUN C 6 M8
r.
t)
S i i,RUIX,
CO UNTY
� •� ,
Sheet Number 6 Driveway No.(s)372 ZONING OFFICE
Project ID 7210-02-29 This instrument was drafted by Wisconsin Department of Transportation. Parcel No.538
i
I
FEE INFORMATION
Information about Fees for Applications to Alter Lakes,Streams or Wetlands
State law requires that the Department charge a fee for processing your request to make changes to public waters and wetlands.
The Department begins review of each application for completeness only after the correct fee is received. Please review the
application information for the activity you are applying for in order to determine the correct fee. This information is available on
the Department's web site at www.dnr.wi.gov under the topic Waterway and Wetland Permits.
*Please see Page 8 of this Application for Applicable Fees*
*COMPLETE BOTH SIDES OF THIS FORM AND SUBMIT WITH YOUR APPLICATION
For purposes of determining permit application fees,a"single project"is defined as an activity that affects a single waterway,
waterbody or wetland within a single county. After exemption determinations and general permit deadlines are met,
individual applications are reviewed on a first in-first out basis.
An optional expedited decision process is available for a supplemental fee of$2000. The expedited permit review guarantees
a decision by a mutually agreed-upon date between the applicant and the Department. If you wish to request an expedited
permit review,submit a letter with your application describing the time frame that will meet your needs, along with a check for
the applicable permit fee and a separate check for the supplemental fee. Supplemental fees are based on county boundaries.
If your project involves alterations to the landscape in 2 separate counties your supplemental fee will be$4,000. (The
supplemental fee funds permit reviewers specifically designated for expedited decision-making). Within twenty days we will
respond in writing,specifying any additional information needed for an expedited decision on your proposal,and the date by
which we can make a decision once the application is complete.
After-the-fact applications,for permits or approvals submitted after work has been commenced or completed,require twice
the usual fee.Projects started or completed without obtaining the appropriate permits are subject to enforcement actions(e.g.
monetary forfeitures,mandatory abatement,mandatory restoration).
Refunds of standard fees are made only if the applicant withdraws their application and requests a refund before we determine
that the application is complete.
Note: Personally identifiable information on this form is not used for any other purpose than filing of this application but it may be made
available to requesters under Wisconsin's open records law[s.19.31-19.39,Wis.Stats.].
Activity Applied for Amount Enclosed
Make checks payable to"Wisconsin DNR"
0
Hu ik. �,.. t , ,; 7,ate.. �:. •
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n•
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r
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Notice:This application form is required under Section 30.206,Wis.Stats.and ch.NR 310,Wis.Adm.Code.Failure to submit a complete
application to the Department at least 35 days prior to the date of proposed construction may result in dismissal of your application,forfeitures
or other enforcement.Personally identifiable information included on this form will be used to contact you and is no
other purposes.It may be made available to requesters under Wisconsin's Open Records law(ss.19.31-19.39,Wis.St .]. u
Section I:landowner Information JUN 2 7 2008
e Contact Person 6 1.
G OFF CE
Mailing Address Email Address
a®8 12 vL e I COM
Ci State Zip Phone ax
��Jtir� ug sycloa- )S3I- oSJS ( CIS )S3)- d s�,'6
Section II:Activity
Check the box next to the type ofgeneral permit youare requesting with this application
❑ Biological Shore Erosion Control ❑ Dry Fire Hydrant ❑ Pilings ❑ Seawall-Replace with Riprap
❑ Boat Ramp ❑ Fish Habitat Structure ❑ Pond-Landscape ❑ Weed Rake
❑ Clear Span Bridge ❑ Ford Pond-Stormwater ❑ Wildlife Habitat Structure
❑ Culvert ❑ Grading-Less Than One Acre ❑ Pond-Wildlife ❑ Riprap
❑ Dredging-Drainage District ❑ Grading-One Acre or More ❑ Riprap Repair/Replacement ❑ Other:
❑ Dredging-Utility Crossings ❑ Intake/Outfall Structure ❑ Seawall Replacement
Section III:Agent Information
Check one L3 Consultant Contractor Contact Person L r
❑Authorized Representative ❑Not Applicable ly&4 unnus— �`Ph - C jlleeri
Mailing Address E-mail Address
c:4 a )1 0� t 0 -i peen O
City State Zip Phon Fax
4wi,3w I U):p �`f pl ( '91 S ) 531- Oster ( mil 5' )s /-dSd o
Section IV:Site Information
Project Address Wat rway Name
'/a/'/a 1/4 Section Township Range Check one County
5E_ S `�- a8 N ) ❑City ATown ❑Village of i2�vpR- S� �rf0�
Project Start Date Approximate Project End Date
(Month/DayNear) �� '4 (Month/DayNear) ql, d0 10
Will this project effect wetlands? ❑Yes )�(No ❑Unsure
How did you arrive at this conclusion? 1 1lJ � 1.�Rp a S cnd- c =:r1 I�ro)Q C.1 C�.A2�, (KAN(�rd
.ecl �TT� ----
I
IBM
4
Section VIII:Certification and Permission
I am the owner of the riparian property or am the duly authorized representative and may sign this application on behalf of the
owner(s)of said property.I hereby certify that the information contained herein is true and accurate.I have read and understand
all of the conditions listed in this permit and in the instructions.I have designed the project to comply with the conditions,and I
will construct the above-mentioned project in compliance with all such conditions.I hereby give the Department permission to
enter and inspect the site at reasonable times,to evaluate this application and to monitor compliance with any resulting permit.
1 understand that failure to comply with any or all of the provisions of the permit renders the authorization contained herein null
and void and may result in a fine and/or imprisonment or forfeiture under the provisions of ch.30,Wis.Stats.
Landowner or Agent Name(please prin
Landowner or Agent Signature Date Signed
S 3o O8
Mail this signed,completed form,along with all the information shown on our checklists,including three copies and the
appropriate fee to the Department of Natural Resources office in the region where the project is located.See the instructions for
regional office addresses.
This permit application is approved when it is signed and dated below by an authorized Department of Natural Resources
employee.
Section IX:Permit Approval DNR USE ONLY
� 3 I
S Ce C,0.�lson I WQL I W_P NrL
Section V.Permit Conditions
1. The permit does not authorize any work other than what is specifically described N .., #
in the application and plans dated as listed above and as limited by the conditions ,
of the permit.A permittee shall obtain prior written approval of modifications Yk
from the department before modifying a project or amending permit conditions.
2. The permittee shall notify the department at telephone number listed above
before starting construction and again not more than 5 days after the project is
complete.
3. The permittee shall post a copy of this permit at a conspicuous location on the project site visible from the waterway,
beginning at least 5 days prior to construction and remaining at least 5 days after construction.The permittee shall also have
a copy of the permit and approved plan available at the project site at all times until the project is complete.
4. Upon reasonable notice,the permittee shall allow access to the project site during reasonable hours to any department
employee who is investigating the project's construction,operation,maintenance or permit compliance.
5. The permittee shall complete the project on or before the expiration date listed P Mgl
above.If the project is not completed by the expiration date,the permittee
M-7
E e ,
shall submit to the department a written request for an extension prior to the n s, "
expiration date of the permit.The request shall identify the requested extension
date and the reason for the extension.The department may grant a permit extension for good cause shown.The permittee
may not begin or continue construction after the original permit expiration date unless the department grants a new permit
or permit extension in writing.
6. The permittee shall submit a series of photographs to the department within one week of completion of work on the site.The
photographs shall be taken from different vantage points and depict all work authorized by the permit.
7. The permittee shall maintain the project in good condition and in compliance with the terms and conditions of the permit,
this chapter and s.30.206,Stats.
8. The department may modify or revoke the permit if the project is not completed according to the terms of the permit or if the
department subsequently determines the activity is detrimental to the public interest.
9. Acceptance of a general permit and efforts to begin work on the activity authorized by the general permit signifies that the
permittee has read,understood,and agreed to follow all conditions of the general permit.
I
10. This project shall comply with all conditions identified in the following Wisconsin
Administrative Code,and identified in the Instructions for the General Permit
application.
Section VI:Findings of Fact
1. The department has determined that the project site and project plans meet the Aa�ttid
standards in s.30.206,Stats.and the following Wisconsin Administrative Code,tos
qualify for this General Permit.
2. The proposed project will not injure public rights or interests,cause environmental pollution as defined in s.299.01(4),Wis.
Stats.,or result in material injury to the rights of any riparian owner,if constructed in accordance with this permit.
3. The department and the applicant have completed all procedural requirements,and the project as permitted will comply
with all applicable requirements of Section 30.206,Wis.Stats.,and Chapters NR
102,103,150,299,310 and the following Wisconsin Administrative Code.
Section VII:Conclusions of Law
1. The department has authority under ch.30,Wis.Scats.,and applicable Wisconsin Administrative Codes,to issue a permit for
the construction and maintenance of this project.
2. The department has complied with s.1.11,Wis.Stats.
StatQ of Wisconsin State/Federal Application for Water Regulatory
'Department of Natural Resources Permits and Approvals
(Return to appropriate DNR Regional/Service Center Office) pp
Form 3500-053 (R 4/01) Page 1 of 2
PLEASE COMPLETE BOTH PAGES 1&2 OF THIS APPLICATION. PRINT OR TYPE.The Department requires use of this form for any
application filed pursuant to Chapter 30,Wis.Stats.The Department will not consider your application unless you complete and submit this
application form.Personally identifiable information on this form will not be used for any other purpose,but it must be made available to requesters
under Wisconsin's open records law[s.19.31-19.39,Wis.Stats.].
1. Applicant(Individual or corporate name) 2. Agent/Contractor(fumn name)
P AC N c H kVmPt4f_6Y £i)tI1Nif,6R[Al 6-
Address Address
Josy CourirJ, P,orgb t4 as if ONEIill 96AD
City,State,Zip Code Fire Number City,State,Zip Code
t_p W iOJ LJZ M Q 0sq RUDSvti , L,J S alto
Telephone No.(Include area code) Tax Parcel Number Telephone No.(Include area code)
`715- a M-70 - sf-E A -715 531— 6S2 S
3. If applicant is not owner of the property where the proposed activity will be conducted,provide name and address of owner and include letter
of authorization from owner. Owner must be the applicant or co-applicant for structure,diversion and stream realignment activities.
Owner's Name Address City,State,Zip Code
Ns-roe soi N i-�AAso ry ao� Co. Rib, 64`bW rnl w2 Sf1do
Z
4. Is the applicant a business? ❑Yes Q No 5. Project Location
If YES,is the permit or approval you are applying for necessary for Address Co D• R/
you to conduct this business in the State of Wisconsin? Village/Cihwn fl 14 pl W ep,
❑Yes ❑No Fire Number p Tax Parcel Number Sf E ATn%HED
If YES,please explain why(attach additional sheets if necessary): Waterway R L)s I t
County Ss CFO X
Govt.Lot OR-S-r-- 1/4,5 E 1/4,of Section �o� ,
Township 2' North,Range-17—(East)Oes3t >
6. Adjoining Riparian(Neighboring Waterfront Property Owner)Information
Name of Riparian#1 Address Ci State,Zip Code
V1eToP- i SH��9-1 t-tA1ZK( -3 �a�t s iy 53 Ito '� �()QrJAJ//V V73Y
Name of Riparian#2 Address City,State,Zip Code
MILf-(Pc E L E SuShN YAAJiS14 Nrz f{iirf' �3 6�LDLJi�✓ Gc% S�°� z
7. Project Information(Attach additional sheets if necessary)
(a)Describe proposed activity(include how this project will be constructed)
('OMSTPUGtt r6/U of '9doll AbDrr,bAJ Tn 6 !ST 1N61 AdCa' L 1.17#el'?A A)
(b)Purpose,need and intended use of project C�FURG ff
hDDJTfbN,,SrTT-- 690.DING cttyD -PCrrufZ6 YARK-I ft)Cs
(c)I have applied for or received permits from the following agencies: (Check all that apply)
❑Municipal ®County / ❑Wis.DNR ❑Corps of Engineers
(d)Date activity will begin if permit is issued : / U 1 ;be completed: 9 l ZZ 0/0
(e)Is any portion of the requested project now complete? If yes,identify the completed portion on the enclosed drawings
❑Yes ®No and indicate here the date activity was completed:
I hereby certify that the information contained herein is true and accurate. I also certify that I am entitled to apply for a permit,or that I am
the duly authorized representative or agent of an applicant who is entitled to apply for a permit. Any inaccurate information submitted may
result in permit rev lion,the imposition of a forfeiture(s)and requirement of restoration.
Signature o pplicant(s) ul uthorized Agent ate Signed
5 3
. v�a