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ZONING ACTIVITY WORKSHEE``Tff
�Q1 Z_ 2 U = al Parcel#: `'t 30 •__SL• L
Property ID#: Q�o _ ;� St
Municipality: OLA)n 2! -Jm 13°� '' y \1�te_ - New a
Property Address: $0 � �u �
Owner Name: D r vne s
Other Interest:
Other Interest:
\ d Variance Rezonement
Activity:
Request Date: Acres: '
Zoning District: A2 AG A/R RES COM IND
Past Zoning: A2 AG A/R RES COM IND
Overlay District:
SHORE WETLAND FLOODPLAIN RIVERWAY NONE
Type of VariancelSpecial Exception: `
Ordinance Citation: 1 -7. 1 SS
Ordinance: ZONING SANITARY SUBDIVISION
Conditions: t5
Decision: APPROVED DENIED VRTHDRAWN
Date of Decision: 121 100
Notes:
p ort _Linked to R ezonin g Ob
ecti•on
s Hardship Conditioas
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�J ST. ROIX COUNTY
WISCONSIN
ZONING OFFICE
1 1 N N N N■N• -- Noun& ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680 Fax(715)386-4686
May 26, 2000 File Ref: 11-00
Ron and Lisa Drury
11391801h Avenue
New Richmond, WI 54017
Re: Board of Adjustment Decision
Dear Mr. and Mrs. Drury:
The St. Croix County Board of Adjustment has reviewed your request for a special
exception for a Major Home Occupation and has approved your request with conditions.
The enclosed document is the formal decision regarding your application.
Should you have any questions or concerns, please do not hesitate in contacting me.
Sincerel ,
Steve Fisher
Zoning Director
dz
Enclosure
cc: Janice Ball, Clerk—Town of Richmond
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FINDINGS, CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 11-00
Complete Application Received: 03/17/00
Hearing Notice Publication: Weeks of April 10 and 17, 2000
Hearing Date: April 27, 2000
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and conducted an on-site
inspection, the Board finds the following facts:
1. The applicants are Ron and Lisa Drury, whose address is 1139 1801h Avenue, New
Richmond, Wisconsin.
2. The applicant filed with the Zoning Office an application for a special exception for a major
home occupation to operate a bowling shoe repair business in an accessory building
located on their property.
3. The property is located in the NE % of the NW 1/4, Section 4, T30N-R18W, Town of
Richmond, St. Croix County, Wisconsin.
4. The Special Exception request is for a permit for major home occupation under Section
17.155.
5. The Town of Richmond supports the applicants' request.
6. The Board of Adjustment found that this special exception application conforms with the
requirements for granting a special exception under Section 17.155.
7. The Board of Adjustment found that the spirit and intent of the ordinance would be met by
granting this special exception permit.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board
approved the applicant's request for a special exception for a major home occupation based on
the following findings:
1. The Town of Richmond has recommended approval of the request.
2. There were no objections to the application.
3. The application meets the provisions of the ordinance requirements for a major home
occupation.
4. The spirit and intent of the ordinance is being met.
With the following conditions:
1. This approval is for a major home occupation to open a bowling shoe repair business in
an accessory building, the total area dedicated to the business is 850 square feet. The
total floor area dedicated to the home occupation, including any area used in the
dwelling, shall be limited to a maximum of one thousand (1,000) square feet.
2. Hours of operation to be limited to the hours of 8:00 a.m. to 4:00 p.m., Monday through
Friday.
3. All business related products to be stored inside the building. Outside storage of
business related materials is prohibited.
4. All hazardous material and recyclable material are to be disposed of/ recycled with
approved waste/recyclable handlers.
5. No more than two (2) persons other than a resident of the principal dwelling may be
employed or engaged in t he business.
6. One (1) sign is allowed with total signage area not to exceed 6 square feet. This sign
must be located a minimum of 10 feet from all property lines. Any other signage must
be approved by the Zoning Department and must strictly adhere to the St. Croix County
Signage Ordinance. Applicant to maintain proper state licensing to operate the bowling
shoe repair business.
7. Applicant to maintain a minimum of 1 parking space for each 300 square feet of
business use, plus one parking space for each family for which accommodations are
provided on the premises. (Note: For this request, 3 spaces are required to be
maintained for the business).
8. Applicant to maintain proper state licensing to operate the bowling shoe repair business.
9. The applicant shall secure all necessary town approvals, including compliance with and
building code issues.
10. The applicant shall have one (1) year from the issuance of the Special Exception permit
to act on the Special Exception permit. Failure to commence business operation in this
time frame shall result in the expiration of this Special Exception permit. If the Special
Exception permit expires, the applicant will be required to secure new Special
Exception permit before commencing the business operation.
11. Any minor changes (or additions) in expansion of the project, including the business,
signage, lighting, hours of operation, shall require review and approval by the Zoning
Director. Any major change and/or addition to the originally approved plan will go
through the Special Exception approval process, where applicable, as stated in the
ordinance.
The following vote was taken to approve: Rose, yes; King, yes; Peterson, yes; Golz, yes;
Chairperson Speer, yes. Motion carried.
APPEAL RIGHTS
Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within 30
days after the filing date shown below, pursuant to sec. 59.694(l 0), Wisconsin Statutes. St. Croix
County assumes no responsibility for action taken in reliance on this decision prior to the
expiration of the appeal period. St. Croix County does not certify that the identity of all persons
legally entitled to notice of the Board of Adjustment proceedings, which resulted in this decision,
was provided to the County.
If an appeal is taken of this decision, it is the responsibility of the appellant to submit at his/her
expense a transcript of the Board of Adjustment proceedings to the circuit court, which is available
from Northwestern Court Reporters, Hudson, Wisconsin. It is the responsibility of the Board of
Adjustment to submit its record (file) of this matter to the circuit court.
nNING BOARD ADJUSTMENT
Signe
Ch irper
Dated: 05/26/00
Filed: 05/26/00 Attest
Zoning Director
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_BOARD OADJUSTMENTS MEETING AND HEARING MINUTES
April 27, 2000
(This meeting was recorded by Northwestern Court Reporters)
The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was
made. Julie Speer, Dick King, Nick Golz, Rich Peterson and Tom Rose were present.
Chairperson Speer believes this to be a properly noticed meeting. Chairperson Speer
welcomed new member,Tom Rose, to the Board.
Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, and Deb
Zimmermann, Administrative Assistant.
Motion by King second by Golz to adopt the agenda. Motion carried.
The Board set the next meeting date as May 25, 2000. The starting time will be 8:30
a.m. The meeting will be held in the County Board Room at the Government Center.
Motion by King, second by Golz to approve minutes from the March 23`d meeting. All in
favor. Motion carried.
ELECTION OF OFFICERS
Steve Fisher opened nominations for Chairman of the Board of Adjustments Committee.
Motion by King, second by Rich to nominate Julie Speer for Chairperson of the Board of
Adjustments Committee. Nominations closed. All in favor. Motion carried.
Motion by Peterson, second by Golz to nominate Dick King for Vice Chairperson.
Nominations closed. All in favor. Motion carried.
Motion by Golz, second by King to nominate Rich Peterson for Secretary. Nominations
closed. All in favor. Motion carried.
CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION
Corporation Counsel is available if needed.
NEW BUSINESS
Chairperson Speer welcomed everyone in attendance and gave a brief overview of how
the Board of Adjustment meeting is conducted. It was noted that Article#2 has been
canceled for today. Chairperson Speer stated that the public hearing notice was
published correctly and was read into the record as follows:
AMENDED PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday,
April 27, 2000 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson,
Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. An
on-site investigation will be made of each site in question, after which the board will return
for the purpose of deliberating and voting on the appeals.
1. ARTICLE: Special Exception request for a Major Home Occupation permit
pursuant to Section 17.155. Request is to operate a bowling shoe
repair business in the Ag/Residential District.
APPELLANT: Ron and Lisa Drury
LOCATION: The NE %of the NW A Section 4, T30N-R1 8W, Town of
Richmond.
ADDRESS: 1139 180th Avenue, New Richmond, Wisconsin
2. ARTICLE: Canceled * Special Exception request for a Telecommunications
Tower in the Agricultural District. Request is to construct a 185-foot
monopole telecommunications tower pursuant to Section 17.85(2).
APELLANT: APT Minneapolis, Inc./Owner: William and Opal Haase
LOCATION: Located in the SW % of the SW %, Section 5,T31 N-R1 9W, Town
of Somerset
ADDRESS: 3242301h Avenue, Somerset, Wisconsin.
3. ARTICLE: Special Exception request for a permit to install fiber optic conduit
and associated facilities on the existing Williams Pipeline right-of-
way in the St. Croix Riverway District pursuant to Section
17.36(6)2.
APPELLANT: Williams Communications, Inc.
LOCATION: Located in the SE % of Section 26, T28N-R20W and the NW '/4 of
the SW %of Section 25, T28N-R20W, all in the Town of Troy
ADDRESS: Glenmont Road, River Falls, Wisconsin
All interested persons are invited to attend said hearing and be heard. Additional
information may be obtained from the office of the St. Croix County Zoning Director,
Hudson, Wisconsin at(715) 386-4680.
Julie Speer, Chairperson
St. Croix County Board of Adjustment
Ron and Lisa Drury
Fisher explained that this request is to operate a bowling shoe repair business in an
accessory building on the applicant's property. This request requires a major home
occupation permit from the Board.
Fisher stated that the accessory building is approximately 850 square feet and the
ordinance allows up to 1,000 square feet. The hours of operation would be 8:00 a.m. to
4:00 p.m. Fisher went over the staff report with the Board. The following exhibits were
introduced:
Exhibit 1: Staff report
Exhibit 2: Town of Richmond letter stating approval of the request
Exhibit 3: Small Business Plan submitted by the applicant
Exhibit 4: Map showing location of the proposed business on the property with
attachments
Lisa Drury, being duly sworn, is the applicant. Drury is purchasing this business from her
existing em to er who is a major bowling shoe manufacturer by the name of Lynn Shoes.
The larger company is moving to Florida, but would like to keep this small business here to
repair bowling shoes for the larger company.
No ublic comments for or against were heard.
p 9
The Board will visit the site.
Williams Communications, Inc.
Eslinger explained that this request is for a special exception to locate fiber optic conduit
and related equipment on the existing Williams Pipeline right-of-way in the Lower St. Croix
River Valley District. Williams's Communications contacted the Zoning Office in
November of 1999 to find out what was required for this project. They plan to expand their
network of fiber optic conduit between Minneapolis and Chicago. The fiber optic line will
2
generally be installed 20-feet south of the existing Williams pipeline. This will involve
drilling from Afton, Minnesota, approximately 30 feet below the St. Croix River, and will
exit the ground northeast of Glenmont Road in the Town of Troy. The applicant is in the
process of obtaining all necessary easements for this project.
The proposal indicates that a minimal amount of land will be disturbed on this project.
Approximately a 10 x 10 location will be disturbed, as well as a 20-foot wide path for a
bulldozer to get in. There may be 3 trees removed. The site will be completely seeded at
the end of the project, and an erosion control plan is in place and has been approved by
all appropriate agencies, including the Land and Water Conservation Department. The
Town of Troy has not sent in any comments at this time.
Eslinger went over the staff report with the Board.
Exhibit 1: Staff report
Exhibit 2: Letter from NRG and copy of application for project
Exhibit 3: Letter from Jeffrey Thommes of NRG
Exhibit 4: Letter to the DNR with maps attached
Exhibit 5: Letter from Mark and Joan Swanson stating concerns with the project
Exhibit 6: Public Notice from the U.S. Army Corps of Engineers
Exhibit 7: Maps showing the location of the project
Exhibit 8: Letter from the DNR stating no objection to the project
Exhibit 9: Letter from Land and Water Conservation Department stating no objection,
and listing recommendations for erosion control
Eslinger stated that have had several meetings with the applicant and they have been very
responsive to what has been needed for this application.
The Board reviewed the aerial map.
John Barnes, being duly sworn, is here to represent the fiber optic division of the
company. He will answer any questions or try to clear up any concerns of the Board or
people present at this hearing. He added that they are concerned about the Riverway
District and want to run this project properly. They have a very good record on saving
environmental areas and are environmentally conscious. Barnes explained in detail how
this process is done. They plan to lay the conduit within the pipeline easement,
approximately 20 feet from the pipeline. They are in the process of acquiring private
easements for the project where necessary. Farmers are paid for any damages to crops.
Barnes stated that there will not be much disturbance in the area and the proposal
indicates that the site will look the same, if not better, when the project is completed.
Eslinger added that there will be no grading done on the site.
Bill Johnson, being duly sworn, states that he is assisting on this project and has been
working with the Army Corps of Engineers and explained the permit process. He expects
to have a permit from them within a week. He will send a copy of permits he obtains to the
Zoning Office.
Chairperson Speer opened the meeting for comments from the public.
Rolv Slungaard, being duly sworn, is here on behalf of Karin and Mark Erickson. He has
had some preliminary discussions with Williams, but is not clear on the plan so is here
today to have it clarified.
3
Tom � 9 Bolon is being•Y sworn, is a landowner in this area and the communications line
9
is to run across the back of his property. He believes the easement they are asking for is
excessive. He thinks that the landowners should have gotten more information on the
project.
Margaret Doetkott, being duly sworn, is a landowner in the area of the proposed project.
She would like to see them consider other options, such as using road right-of-ways.
Dean Albert, being duly sworn, is the Town of Troy Chairman. Williams has not been
before the Town yet, and is scheduled for a hearing in May. The Town would like some
input on this request.
Jean Diefenbach, being duly sworn, is a landowner in the area and her property runs all
the way to the St. Croix River. She is concerned about erosion, as there is a lot of sandy
soil in the area. She is also concerned about easements for this project.
Chairperson Speer closed comments from the public.
John Barnes, being previously sworn, states that his understanding is that the hearing
today is to deal with the Riverway area, not land outside of this area. Williams will
continue to work with the landowners to try and come to an agreement with them. He
explained that they need to obtain the private easements for the communications line, as
this is different than the easements that are required for petroleum products. If they
already had an easement for these properties, they would only have to pay damages, and
not go any further in obtaining easements. Barnes further explained that they feel it is
safer to stay near the pipeline, or the railroad tracks, as there is less of a chance of the
lines being cut, than if it was near a road right-of-way. It is very important that these lines
remain safe, as they service an extensive amount of customers.
The Board will visit the site.
The Board recessed at 10:05 a.m. to view sites.
Decisions
The Board reconvened at12:10 p.m.. to render Decisions.
Ron and Lisa Drury
A motion was made by Golz, second by Peterson to approve the special exception
request for a major home occupation based on the following findings:
1. The Town of Richmond has recommended approval of the request.
2. There were no objections to the application.
3. The application meets the provisions of the ordinance requirements for a major
home occupation.
4. The spirit and intent of the ordinance is being met.
With the following conditions:
1. This approval is for a major home occupation to open a bowling shoe repair
business in an accessory building, the total area dedicated to the business is 850
square feet. The total floor area dedicated to the home occupation, including
an area used in the dwelling, shall be limited to a maximum of one thousand
Y 9
(1,000) square feet.
2. Hours of operation to be limited to the hours of 8:00 a.m. to 4:00 p.m., Monday
through Friday.
4
3. All business Alated products to be stored inside the building. Outside storage of
business related materials is prohibited.
4. All hazardous material and recyclable material are to be disposed of/ recycled
with approved waste/recyclable handlers.
5. No more than two (2) persons other than a resident of the principal dwelling may
be employed or engaged in t he business.
6. One (1) sign is allowed with total signage area not to exceed 6 square feet. This
sign must be located a minimum of 10 feet from all property lines. Any other
signage must be approved by the Zoning Department and must strictly adhere to
the St. Croix County Signage Ordinance.
7. Applicant to maintain a minimum of 1 parking space for each 300 square feet of
business use, plus one parking space for each family for which accommodations
are provided on the premises. (Note: For this request, 3 spaces are required to
be maintained for the business).
8. Applicant to maintain proper state licensing to operate the bowling shoe repair
business.
9. The applicant shall secure all necessary town approvals, including compliance
with and building code issues.
10. The applicant shall have one (1) year from the issuance of the Special Exception
permit to act on the Special Exception permit. Failure to commence business
operation in this time frame shall result in the expiration of this Special Exception
permit. If the Special Exception permit expires, the applicant will be required to
secure new Special Exception permit before commencing the business
operation.
11. Any minor changes (or additions) in expansion of the project, including the
business, signage, lighting, hours of operation, shall require review and approval
by the Zoning Director. Any major change and/or addition to the originally
approved plan will go through the Special Exception approval process, where
applicable, as stated in the ordinance.
The following vote was taken to approve: Rose, yes; King, yes; Peterson, yes; Golz,
yes; Chairperson Speer, yes. Motion carried.
Williams Communications, Inc.
Motion by King, second by Golz to approve the special exception request for a permit to
locate a fiber optic conduit and related equipment in the Lower St. Croix River Valley
District based on the following findings:
1. The proposal and the design demonstrates that there will be a minimal affect on
the environment and scenic quality of the Lower St. Croix Riverway District.
2. The request serves the public interest.
3. The Department of Natural Resources has approved the application with
conditions.
4. The Land and Water Conservation has approved the application with conditions.
5. The objections of the adjoining landowners have been addressed to the
satisfaction of the Board.
6. The spirit and intent of the ordinance will be met
With the following conditions:
1. The applicant shall follow the plans submitted in the application.
2. The applicant shall seed all disturbed as outlined in the plan and as
recommended by the Land and Water Conservation Department. All permanent
seeding and mulching to be completed immediately after construction. Silt
fences shall be maintained on site until vegetation is established. After
vegetation is established, it is the responsibility of the applicant to have the silt
5
fences removed. Applicant to contact the Zoning Office within one year after
completion of project to view the site and verify that vegetation has been
established.
3. In the event that trees are removed on the site, the same species of trees will be
planted to replace trees that are cut down.
4. The applicant is responsible for the installation and on-going maintenance of all
erosion control practices/devises. The erosion control must be installed prior to
commencing site preparation.
5. Grading of slopes of 12% or greater is prohibited in the St. Croix River Valley
District.
6. The applicant shall secure all DNR and U.S. Army Corps of Engineer permits
prior to commencing site preparation.
7. The applicant is required to submit proof of all lease agreements with property
owners located in the Lower St. Croix River Valley District prior to commencing
site preparation. Proof of lease agreements shall include a map indicating
easements, along with names and addresses of property owners.
8. The zoning Office is to be notified at the start and finish of the project.
9. Any minor change or addition to the project, including but not limited to,
installation of the fiber optic conduit and related equipment, 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.
10. The applicant shall have one (1)year from the issuance of the Special Exception
permit to commence construction. Failure to do so shall result in revocation of
the special exception permit. If the Special Exception permit expires, the
applicant will be required to secure a new Special Exception permit before
starting or completing construction on the project.
The following vote was taken to approve: Peterson, yes; Rose, yes; Golz, yes; King, yes;
Chairperson Speer, yes. Motion Carried.
A motion was made by Peterson, second by Golz, to adjourn. All in favor. Meeting
adjourned at 12:45 p.m.
Respectfully submitted:
ich Peter on, Secretary ebbie Zim r ann, Recording Secretary
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