HomeMy WebLinkAbout026-1060-20-050 ' c0uN1
JA '-°°.:
PLANNING &. ZONING
August 31, 2006 File: AP0001
David and Julie Waldroff
398 River Road
Hudson, WI 54016
Code Administrant Dear Mr. and Mrs. Waldroff-
715-386-4680
Land Information&.;' Re: St. Croix County Board of Adjustment, Request for Administrative Appeal
Planning
715-386-4674,,:.-, The St. Croix County Board of Adjustment, having considered testimony presented at a
public hearing held on August 24, 2006, made findings and conclusions relating to your
Real Pta rty request. Attached for your records is a copy of their action.
715-386-4677
Rycling Best Regards,
115-386-4675
Robert J. Bezek, Code Administrator
St. Croix County Planning& Zoning Department
Eric: Decision
cc: Kristina Ogland, Estreen& Ogland,Attorneys at Law
Greg Timmerman, St. Croix County Corporation Counsel
Tim Ramberg, St. Croix County Highway Commissioner
Clerk,Town of Richmond
ST CROIX COUNTY GovERN.MENT CENTER
1 10 1 CARMICHAEL ROAD,HUDSON, Wl 54016 7153864686 FAX
PZoCO.SAL4"CRO!X.CW,.U.S W"I'VV.C..S AI NT-C R C I X.W.li
Parcel #: 026-1060-30-110 06/24/2014 04:19 PM
PAGE 1 OF 1
Alt. Parcel M 20.30.18.297A-10 026-TOWN OF RICHMOND
Current ❑X
ST. CROIX COUNTY,WISCONSIN
Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units
00 0
Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner
O-WALDROFF, DAVID J &JULIE A
DAVID J&JULIE A WALDROFF
398 RIVER RD
HUDSON WI 54016
Property Address(es): *=Primary
* 1478 CTY RD A
Districts: SC=School SP= Special
Type Dist# Description
SC 3962 SCH DIST NEW RICHMOND
SP 8020 UPPER WILLOW REHAB DIST Notes:
SP 1700 WITC
Legal Description: Acres: 1.820
SEC 20 T30N R18W PT NW NE BEING PT OF
LOT 1 CSM 8/2299 1.82AC INCLUDES Parcel History:
P2986-10 Date Doc# Vol/Page Type
07/23/1997 889/435
07/23/1997 887/615
Plat: *=Primary Tract: (S-T-R 40%160%) Block/Condo Bldg:
*2299-CSM 08-2299 026-90 20-30N-18W LOT 01
2014 SUMMARY Bill M Fair Market Value: Assessed with:
0
Valuations: Last Changed: 06/17/2013
Description Class Acres Land Improve Total State Reason
RESIDENTIAL G1 1.820 22,200 139,800 162,000 NO
OTHER G7 0.000 0 10,500 10,500 NO
Totals for 2014:
General Property 1.820 22,200 150,300 172,500
Woodland 0.000 0 0
i
Totals for 2013:
General Property 1.820 22,200 150,300 172,500
Woodland 0.000 0 0
Lottery Credit: Claim Count: 0 Certification Date: Batch M
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
FINDINGS,CONCLUSIONS,AND DECISI� .
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY,WISCONSIN
File: AP0001
Property Owner: David and Julie Waldroff
Parcel ID#: 026-1062-70-150, 026-1063-95-100, 026-1062-60-000,026-1060-40-000
026-1060-30-110,026-1050-70-000, 026-1050-60-000,026-1050-50-000
026-1050-40-000, 026-1048-20-000,026-1048-10-000, 026-1064-40-000
Complete Application Received: June 15,2006
Hearing Notice Publication: Weeks of August 7 and 14, 2006
Hearing Date: August 24,2006
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony,considered the entire record herein,and reviewed the site the Board makes the following
findings of fact and conclusions of law:
1. Dave and Julie Waldroff own several contiguous tax parcels of land along approximately one mile of County Road
"A" for which 14 driveway permits were issued by the St. Croix County Highway Department and then commenced
construction of the 14 access driveways.
2. St. Croix County Highway Commissioner Tim Ramberg revoked the permits on August 6, 2004.
3. On or after March 22, 2006, St. Croix County Highway Commissioner Tim Ramberg had the 14 driveways removed.
4. On June 15, 2006, at the direction of Judge Needham, Dave and Julie Waldroff filed for this administrative appeal
from St. Croix County Highway Commissioner Tim Ramberg's August 6, 2004 decision to revoke the 14 driveway
permits.
5. The Board of Adjustment has the authority to hear administrative appeals from decisions of Administrative Officials
enforcing or administering Chapter 17 of the St. Croix County Code of Ordinances.
6. The St. Croix County Highway Commissioner has no authority to administer or enforce Chapter 17 Zoning of the St.
Croix County Code of Ordinances but the actions of the Highway Commissioner must be consistent with the
provisions provided therein.
7. The ordinance in effect on August 6, 2004 limited the applicants to one driveway access on each side of County
Road A. No opinion is expressed whether agricultural field accesses are included in the two accesses.
The following vote was taken to approve: Nelson,yes; Luckey,yes; Struemke,yes; Zoerb, yes; Chairperson Malick,yes.
Motion carried unanimously.
APPEAL RIGHTS
Any person aggrieved by this decision may file an appeal in St.Croix County circuit court within 30 days after the filing date
shown below,pursuant to Sec. 59.694(10),Wisconsin Statutes. St. Croix County assumes no responsibility for action taken in
reliance on this decision prior to the expiration of the appeal period. St. Croix County does not certify that the identity of all
persons legally entitled to notice of the Board of Adjustment proceedings,which resulted in this decision,was provided to the
County.
If an appeal is taken of this decision, it is the responsibility of the appellant to submit at his/her expense a transcript of the
Board of Adjustment proceedings to the circuit court. The 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: c�J
Clarence W. Mal ck,Chairpe
Date Filed: 08/31/06
BACKGROUND CONTINUED:
• On June 15, 2006, St. Croix County Planning and Zoning Department received a
completed application for an administrative appeal to the Highway
Commissioner's decision to revoke the permits based on safety and provisions in
Chapter 17 of the St. Croix County Code of Ordinances.
Description of Exhibits:
• Exhibit A is a copy of the application that includes a description of the issues and
the arguments made by the applicants.
• Exhibit B is several pieces of reference materials provided by the County
Highway Engineer.
• Exhibit C is information provided by a Mr. Jack Wallinga who sold the Waldroffs
approximately 54 acres where the 9 northern most driveways are located. The
information indicates that there is an easement over the property held by the
Wisconsin Farmland Conservancy that limits the use of this parcel to only
agricultural purposes. The information also indicates that Mr. Waldroff had
concern regarding the easement at the time of purchase and is therefore aware of
it's existence.
APPLICABLE STATUTES AND CRITERIA:
St. Croix County Code of Ordinances Chapter 17 Zoning, § 17.70 (5) (c) 2. identifies the
powers and duties of the Board of Adjustment (BOA) in reference to administrative
appeals as:
"Hear and decide appeals where it is alleged there is error in any order,
requirement, decision or determination made by an administrative official in
the enforcement or administration of this chapter. All such appeals shall be
governed by the provisions of sub. (6)."
St. Croix County Code of Ordinances Chapter 17 Zoning existing prior to January 1,
2006, § 17.64 (5) (c) 2. identifies the number of access driveways allowed as:
"(c) The maximum number and width of access driveways to highways
and service roads shall be as follows:
1. Commercial and Industrial Land Use Driveways. A maximum of 2
access driveways with a maximum of 35' width.
2. Other Land Use Driveways. A maximum of one access driveway with
a maximum of 24' of width."
St. Croix County Code of Ordinances Chapter 17 Zoning existing on and after January 1,
2006, § 17.60 7.d 11) identifies the number of access driveways allowed as;
11) Residential land use lots or parcels shall have a maximum of one
driveway access with a maximum width of 24'."
-2-
St. Croix County Board of Adjustment
Hearing Date: August 24, 2006
APPLICATION #10: Appeal From Administrative Decision
Applicant: David and Julie Waldroff, Property Owners
Site Address: Along County Road "A" near the intersection with County Road "G"
Property#: Several, see attached application
Computer#: Several, see attached application
Location: Along Cty Rd "A" in Sections 16, 17 and 20, Town of Richmond
Zoning: Ag-Residential
Lot Size: 11 Parcels, 280 acres
Request: Appeal to an administrative decision by the St. Croix County
Highway Commissioner to repeal the approval of 14 driveway
permits based on:
1. The driveways do not demonstrate a necessity and contribute to
unpractical as well as unsafe traffic flow.
2. County zoning prohibits multiple residential accesses to one
parcel.
Exhibits: A) Application
B) St. Croix County Engineer's Attachments
C) Deed Restriction on 58 Acre Parcel
BACKGROUND(SEE PAGE 3 OF APPLICATION TITLED "BACKGROUND"):
Bullet points to note:
• In March 2004 the County Highway Department issued David Waldroff 14
driveway permits on 11 contiguous parcels (280 acres) for farm/residential
purposes.
• In August 2004 the Highway Commissioner determined that the permits were
issued in error and revoked all 14 permits.
• The Waldroff's subsequently served an administrative appeal to the
Commissioner's decision that was accepted by St. Croix County Corporation
Counsel. A formal application and fee were not received by the Planning and
Zoning Department. The matter was not scheduled before the Board of
Adjustment (BOA) because it was determined by Corporation Counsel that the
BOA has no jurisdiction over decisions by the Highway Commissioner.
• In November 2004 the Waldroff's filed for an action for certiorari review in St.
Croix County Circuit Court.
• In October 2005, Judge Needham remanded the matter back to the BOA to
consider the appeal filed in August 2004. Corporation Counsel files for a
reconsideration and is denied.
• In March 2006, the Highway Commissioner determined that since the applicants
have not renewed the application to come before the BOA in a timely manner then
the driveways will be removed by the Highway Department, which has been done.
- 1 -
STAFF FINDINGS AND CONCLUSIONS OF LAW:
Staff offers the following findings and conclusions of law for the Board's consideration:
1. Dave and Julie Waldroff own several contiguous parcels of land along County Road
"A" for which they acquired 14 driveway permits from the St. Croix County Highway
Department and then constructed 14 access driveways.
2. St. Croix County Highway Commissioner Tim Ramberg revoked the permits on
August 6, 2004 due to safety issues and inconsistencies with the County zoning
regulations (Exhibit B.4).
3. On or after March 22, 2006, St. Croix County Highway Commissioner Tim Ramberg
had the 14 driveways removed.
4. On June 15, 2006, at the direction of Judge Needham, Dave and Julie Waldroff filed
for an administrative appeal from St. Croix County Highway Commissioner Tim
Ramberg's August 6, 2004 decision to revoke the 14 driveway permits.
5. A deed restriction exists on a portion of the Waldroff's property that limits the use to
agricultural purposes only (Exhibit C).
6. The Board of Adjustment has the authority to hear administrative appeals from
decisions of Administrative Officials enforcing or administering Chapter 17 of the St.
Croix County Code of Ordinances.
7. The St. Croix County Highway Commissioner has no authority to administer or
enforce Chapter 17 of the St. Croix County Code of Ordinances.
8. The ordinance in effect on August 6, 2004 limits landowners to one driveway access
for all uses other than commercial.
9. The ordinance in effect today limits landowners to one driveway access for
residential uses.
10.Use of the Waldroff property has historically been agricultural and access has been
adequately served without the 14 driveways currently in dispute.
STAFF RECOMMENDATION:
Based on the findings of fact and conclusions of law, staff recommends the following:
1. Since the Highway Commissioner has no authority to enforce or administer
standards in the St. Croix County Code of Ordinances Chapter 17 Zoning, the Board
of Adjustment has no authority to hear an appeal to an administrative decision by the
Commissioner relating to the zoning ordinance nor any other administrative decision
made by the Commissioner.
2. The ordinance in affect at the time of the issuance of the driveway permits limited
access for all uses other than commercial to one driveway access. Therefore the
Highway Commissioner was correct in his interpretation of the zoning code in his
August 6, 2004 letter.
3. The current ordinance is silent on the issue of access to lots or parcels for
agricultural purposes. Therefore, the number, location, and construction standards
of any access for agricultural purposes should be controlled by the appropriate road
authority, which in this case is the St. Croix County Highway Department.
-3-
David Schnitzler signed an oath and testified about his involvement with the issuance of the
driveway permits. Schnitzler issued the driveway permits,because he thought that they met all
necessary safety requirements.He had been issuing driveway permits for 20 years. Schnitzler
stated that the number of driveways may be a little excessive,but they were not all going to be
used at the same time. He identified that all driveway permits are issued if they meet certain
safety requirements. Permits are dated at the time they are issued.
David Waldroff signed an oath and spoke in favor of the appeal. Waldroff has owned the
property since 1989. Before the 14 driveways were constructed,there was only one driveway
on his 500 acre farm. The driveways are needed only when harvesting.
Warren Bader, Chair of the Town of Richmond, signed an oath and spoke in favor of the
appeal. With the 14 driveways gone,field trucks will now be loading on the road,which creates
safety issues. Bader also brought up the issue that it cost money to build the driveways,and it
cost money to remove the driveways.
David Kramer, an adjoining property owner,signed an oath and spoke in favor of the appeal.
Kramer is very disappointed that the driveway permits were issued and then later revoked.
The board recessed at 12:28 p.m. and reconvened at 12:34 p.m.
Jack Wallinga signed an oath and spoke in opposition of the appeal. Wallinga sold land to
Waldroff understanding that the land was for agricultural use only. Wallinga does not
understand the need for eight driveways on the property that he sold to Waldroff.
Tim Ramberg, St. Croix County Highway Commissioner,signed an oath and spoke in
opposition to the appeal. After the first letter was sent to Waldroff,he was to contact Jeff
Durkee. Jeff Durkee was not contacted. It was Ramberg's understanding at the time that the
driveways were for residential use.Pre-existing driveways were not removed; 13 out of the 14
driveways installed with the permits in question were removed.
Jeff Durkee, St. Croix County Highway Engineer, signed an oath and spoke in opposition to the
appeal. Durkee did not revoke one driveway permit because it has specific use.
Application#11: Calvary Assembly of God Church—Reconsideration
At last month's meeting,the Board of Adjustment voted to reconsider Conditions#3 and#9 of
the special exception permit approved for Calvary Assembly of God on May 25,2006. The
applicants requested changes to the conditions.
Staff presented the application and staff report,explaining that the Town of Springfield did not
submit a recommendation. Based on the findings of fact and conclusions of law,the staff
recommended revisions to conditions#3 and#9.
Pastor Richard Mannon signed an oath and spoke in favor of the reconsideration. Mannon
stated that the outside activities would only be once or twice a week;Wednesdays and possibly
Saturdays. Mannon agreed with the new conditions.
No one testified in opposition.
The hearing closed at 1:20 for the Board to visit sites.The Board reconvened at 4:15 p.m.
6
the day. Germain also mentioned that the public can stop at the location if they know about the
business. Germain noted that there wouldn't be a lot of semis making deliveries_ They only
have two deliveries a month.
No one testified in opposition.
I
Application#9:Robert Racich/William Liddle—Special Exception
The applicant requested a special exception permit for a major home occupation to operate Lake
View Equine Clinic, a referral-based equine veterinary clinic,out of an existing accessory
structure on a 65-acre parcel in the Town of Kinnickinnic.
Staff presented the application and staff report, explaining that the Town of Kinnickmmc
approved the request for the special exception permit. Based on the findings of fact and
conclusions of law,staff recommended approval of this request with conditions.
Robert Racich signed an oath and spoke in favor of the request. Racich stated that he works on
horses with specialty needs. The clinic is all referral-based,meaning he does not advertise.
Racich recommends all his clients to have a primary veterinarian. He has had his business at his
residence in the Town of Troy. if medicines are used,he sends them home with the horse. He
needs to relocate due to the sale of his current property. Racich stated that he has no intentions
of selling any of the 65 acres on the property.
No one testified in opposition.
Application#10:David and Julie Waldroff- Appeal From Administrative Decision
Appeal to an administrative decision by the St. Croix County Highway Commissioner to repeal
the approval of 14 driveway permits based on:
1. The driveways do not demonstrate a necessity and contribute to impractical as well
as unsafe traffic flow.
2. County zoning prohibits multiple residential accesses to one parcel.
Staff presented the application for appeal and staff report. Based on findings of fact and
conclusions of law, staff recommended the following:
1. Since the Highway Commissioner has no authority to enforce or administer
standards in the St.Croix County Code of Ordinances Chapter 17 Zoning,the
Board of Adjustment has no authority to hear an appeal to an administrative
decision by the Commissioner relating to the Zoning Ordinance nor any other
administrative decision made by the Commissioner
2. The Zoning Ordinance in affect at the time of the issuance of the driveway permits
limited access for all uses other than commercial to one driveway access.
Therefore the Highway Commissioner was correct in his interpretation of the
Zoning Ordinance in his August 6,2004 letter.
3. The current ordinance is silent on the issue of access to lots or parcels for
agricultural purposes. Therefore, the number,location, and construction standards
of any access for agricultural purposes should be controlled by the appropriate road
authority,which in this case, is the St. Croix County Highway Department.
Kristina Oglund, attorney for Waldroff, signed an oath and spoke in favor of Mr.Waldroff's
appeal.
5
driveway meet required road setbacks and spacing requirements from 95`h Street and
M th Avenue pursuant to Section 17.60 6.a.of the St. Croix County Zoning Ordinance.
8. The proposed temporary sign meets the general standards for signs pursuant to Section
17.65(2)of the St. Croix County Zoning Ordinance.
9. The Town of Richmond recommends approval of this special exception request.
10.No existing property owners have appeared or written in opposition of the proposed
substation.
The adjoining property owners to the south, Dave and Terri Scheder,have verified that there
are no boundary line discrepancies and that they have no concerns with the fence north of
their property line
With the following conditions:
1. This special exception permit is for St.Croix Electric Cooperative, applicant,to
construct a substation(including the equipment,building,and fence),one intermediate
power pole to connect the substation equipment to the high voltage power lines, and
one communications pole in the Ag Residential District in the Town of Richmond in
accordance with the plans submitted on June 5,2006 and revised on August 10,2006,
and as provided in the conditions below. Approval for this special exception permit
does not include any structures,impervious coverage,or uses not shown or indicated
in these plans.
2. Prior to commencing construction of the substation, the applicant shall secure all
necessary local,state, and federal permits and approvals,including but not limited to
a Town Building Permit.
3. Prior to beginning construction of the substation,the applicant shall install erosion
control measures in accordance with Best Management Practices as outlined in the
publication,Erosion Control for Homebuilders, which can be provided upon request
by the Zoning Administrator.The applicant must contact the Zoning Administrator
upon installation of the erosion control measures and prior to commencing site
preparation, and when all construction is completed. Immediately upon completion of
the construction,the applicant shall re-establish permanent groundcover or mulch
over all disturbed areas.
4. Within 60 days of completing construction of the substation,the applicant shall
construct a berm to screen the property to the west from the substation,retain the
existing woodlot to the south to screen the property to the south, and plant native
ornamental trees along the north and east property lines in accordance with the
landscaping plan submitted on July 20,2006.
5. Within six months of completing construction of the entire project, including
installation of the berm and landscaping,the applicant shall submit to the Zoning
Administrator photos and an as-built drawing of the completed substation to ensure
that it has been constructed as designed and approved.
8
DECISIONS:
After hearing the testimony for special exceptions, variances and administrative appeal
applications,reviewing the material in the record, and conducting site visits, the Board
rendered the following decisions:
Roger and Cindy Gleason/St.Croix Electric Cooperative—Tabled Special Exception
Request
Motion by Struemke, second by Nelson to approve the special exception request for an
electrical substation in the Ag Residential District in the Town of Richmond based on the
following findings:
1. The applicants are Roger and Cindy Gleason,current property owners, and St. Croix
Electric Cooperative, future property owner.
2. The site is located at the intersection of 95`h Street and 16U Avenue in the NE'/ of the
NW '/ of Section 18, T30N, RI 8W, Town of Richmond, St. Croix County,Wisconsin.
3. The applicant filed with the Planning and Zoning Department an applibation for a
special exception permit to construct an electrical substation and two power poles in
the Ag Residential District pursuant to Section 17.15(6)(1) of the St. Croix County
Zoning Ordinance.
4. This request would not violate the spirit or general intent of the St.Croix County Zoning
Ordinance in that a substation is a reasonable and appropriate use in the Ag Residential
District,which the property is currently zoned. Its location near the rapidly growing New
Richmond area,which according to the 2000 US Census has experienced one of the
highest growth rates in St. Croix County,and close proximity to an existing high voltage
power line,makes the site acceptable for this use. Granting long-term approval for a
substation at this site will help to ensure that infrastructure is in place to serve the
expected growth in the area.
5. With conditions to ensure compliance with future rules and regulations and to ensure that
a temporary sign announcing the future use of the site is placed on the property until the
substation is built,this request would not be contrary to the public health, safety,or
general welfare or be substantially adverse to property values in the neighborhood
affected.The proposed substation will provide more reliable electrical service to current
and future residents,which will be of importance and value to residents in the event of
major weather or emergency events. The construction of the substation will not introduce
new or higher voltage than what currently exists in the immediate area,and security
fencing will prevent unauthorized access to the facility.Traffic by utility personnel will
occur irregularly and during off-peak travel times.The entire facility will be adequately
buffered from adjoining properties.
6. With conditions for maintaining a neat and orderly appearance and shielding any light
sources on or around the substation from adjoining properties,this request would not
constitute a nuisance by reason of noise,dust,smoke,odor or other similar factors.
7. The proposed equipment,building,one intermediate power pole to connect the substation
equipment to the high voltage power lines, and one communications pole,fence, and
7
1
St.Croix County Parks Department—Glen Hills Park Special Exception Amendment
Motion by Nelson, second by Luckey to approve the amendment to the special exception
permit approved by the Board of Adjustment on January 5, 2006 to change the design of a
handicapped accessible public fishing pier on Glen Lake based on the following findings:
1. The applicant is the St. Croix County Parks Department, Parks Administrative Office,
1960 8th Avenue, Suite 130, Baldwin,WI 54002.
2. The site is located in Glen Hills Park in the SW % of the NE '/4 of Section 11,T29N,
R15W, Town of Springfield, St. Croix County, WI.
3. The applicant filed an application with the Board of Adjustment for an amendment to
the special exception permit approved by the Board of Adjustment on January 5, 2006.
The amendment is to revise the design of a public handicapped accessible fishing pier
in order to add a retaining wall,relocate a stairway, and add a platform at the base of
the stairway.
4. Public fishing piers and associated structures-including retaining walls,stairs, and
landings-are dependent on a waterfront location and are allowed in the Conservancy
District.
5. This request does not violate the spirit or general intent of the St.Croix County Zoning
Ordinance as it will stabilize a fishing pier and ensure safer access to one of the few lakes
in eastern St.Croix County.
6. This request does not negatively impact the health,safety or general welfare of the
public,nor will it be substantially adverse to property values in the surrounding area as it
is located in Glen Hills Park,and will address an erosion problem associated with the
previously approved design of the public fishing pier.
7. This request does not constitute a nuisance by reason of noise,dust, smoke,odor or
other similar factors.
8. With the implementation of erosion control,storm water management, and native
vegetation landscaping designed by the St. Croix County Land and Water Conservation
Department,this request will not increase water pollution or sedimentation into Glen
Lake and may in fact reduce erosion along the shoreline caused by people currently
fishing along the edge of the shoreline.
9. With conditions for screening the retaining wall with native vegetation,the scenic
characteristics of the shoreline will be maintained.
10. The Town of Springfield has not submitted a recommendation on this request.
11.The St. Croix County Land and Water Conservation Department has re-designed this
project and will oversee the construction and conduct final inspections of the completed
project.
12.The Wisconsin Department of Natural Resources approves of the revised plans for the
project.
10
6. The temporary sign announcing the future use of the site as a substation shall be 32
square feet in size, double-sided, and must be located in the northeast corner of the
property 10 feet from the rights-of-way of 160`h Avenue and 95'h Street. The sign
shall be erected within 30 days of this approval and shall be maintained and remain in
place until the substation is constructed in order to alert future property owners.The
permanent sign on the fence shall not exceed six square feet in size. All general sign
standards in the St. Croix County Zoning Ordinance shall be strictly adhered to.Any
change or addition in on-site signage requires prior approval by the Zoning
Administrator,who may determine that approval from the Board of Adjustment is
needed.
7. All lights on the site must be downward directed and shielded away from neighboring
properties to prevent glare. The light on the shelter shall not exceed the height of the
building eaves and may be left on overnight for security purposes.
8. The property shall be maintained in a neat and orderly manner.
9. Prior to commencing construction of the substation, the applicant shall submit to and
have approved by the Zoning Administrator final draft plans and other relevant
documentation to ensure compliance with all rules and regulations in effect at the time
of construction.
10. 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.
l'l. Any change in ownership of the property and/or substation,use of the site for a
substation,or project details shall require prior notification of and approval by the
Zoning Administrator and in some circumstances through the special exception
approval process as stated in the Ordinance.
12. The applicant shall have seven(7) years from the issuance of the special exception
permit to commence construction of the substation and eight(8)years from the
issuance of this permit to substantially complete the project. Failure to 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. Upon prior request from the applicant, the Zoning Administrator
may grant approval for an extension of up to six months.
13. Accepting this decision means that the applicant and all property owners have read,
understand, and agree to all conditions of this decision.
The following vote was taken to approve: Nelson, yes; Luckey, yes; Struemke, yes; Zoerb,
yes; Chairperson Malick, yes. Motion carried unanimously.
9
Calvary Assembly of God Church—Reconsideration
Motion by Nelson, second by Malick to approve the reconsideration to Conditions#3 and#9 of
the special exception permit approved by the Board of Adjustment on May 25,2006,based on
the following findings of fact and conclusions of law:
1. The applicants are Calvary Assembly of God Church,property owner.
2. The site is located at the intersection of Highway 128 and 60 h Avenue in the SE'/ of the
SE '/of Section 33,T29N,R15W, Town of Springfield, St. Croix County, Wisconsin.
3. The applicants request reconsideration of Conditions#3 and#9 of the special
exception permit approved by the Board of Adjustment on May 25, 2006.
4. By revising Conditions#3 and#9 to require screening and noise reduction upon future
complaint,this request would not violate the spirit or general intent of the St. Croix
County Zoning Ordinance in that it will allow a church to be established on the site,
while at the same time ensuring that the church will be compatible with future
residential uses on adjacent properties.
5. By revising Conditions#3 and#9 to require screening and noise reduction upon
complaint,this request would not negatively impact the health,safety,or welfare of the
public,nor would it be substantially adverse to property values since any potential future
negative impacts will be mitigated.
6. Neither the County nor the Town of Springfield has a nuisance or noise ordinance in
effect;thus,it is important that the conditions of the special exception address noise in a
more definitive manner. By revising Condition#9 to require noise reduction upon
complaint and further define what would qualify as"loud noise",the church can host
outside activities while ensuring that they will not constitute a nuisance to adjacent
property owners.
7. The Town of Springfield has not submitted a recommendation on this request.
With the following revised conditions:
Condition#3•
Within 60 days of this approval, the applicants shall submit to and have approved by the
Zoning Administrator a revised site plan that incorporates a landscaped buffer at least 10 feet
in width with native evergreen trees and shrubs at least six feet in height at the time of
planting along the lot line to the west to substantially screen the parking lot. The landscaped
buffer shall attain 80% opacity at maturity. The plan shall also include the planting of several
native deciduous trees along the property line to the east to help blend the church in with the
natural surroundings and rural character of the area, but spaced widely enough to allow for
easy policing of the parking lot. Upon complaint by neighboring property owners and review
by the Zoning Administrator, the applicants may be required to provide a landscaped buffer as
described above along the north, south, and east property lines.
Condition#9•
Before 8:00 AM and after 10:00 PM,the applicants shall limit noise on the property to no
more than 60 decibels as measured at all exterior lot lines. Upon complaints of regularly
12
With the following conditions:
I. This special exception permit allows the applicant to revise the design of a public
handicapped accessible fishing pier in order to add a retaining wall, relocate a
stairway, and add a platform at the base of the stairway as indicated in the plans
submitted on June 26, 2006, and as provided in the conditions below. Approval of this
amendment does not include any additional grading and filling, structures, or
impervious coverage not shown or indicated in the plans.
2. Prior to commencing construction,the applicants shall secure necessary permits from the
Town of Springfield and obtain any other required local,State,or Federal permits and
approvals.
3. During construction,the smallest amount of bare ground shall be exposed for as short a
time as possible, and Best Management Practices shall be implemented to control erosion
on the site. Immediately upon completing construction,permanent native vegetation
shall be planted to substantially screen the retaining wall as viewed from the lake.
4. Within 60 days of completing construction,the applicant shall submit photographs of the
completed project to the Planning and Zoning Department.
5. All other conditions of the special exception permit approved by the Board of
Adjustment on January 5,2006 shall be strictly adhered to.
6. Any minor change or addition to the project,including but not limited to the design of the
project,shall require review and approval by the Planning and Zoning Department prior
to making the change or addition. Any major change or addition to the originally
approved plan will have to go through the special exception approval process.
7. The applicant shall have one(1)year from the approval of this special exception
amendment to commence construction of the revised plans. 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 construction on the project.
it
8. 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.
9. 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; Luckey, yes; Struemke, yes; Zoerb,
yes; Chairperson Malick, yes. Motion carried unanimously.
11
1. The applicant is Robert Racich, owner and operator of the proposed referral-based
veterinary clinic.
2. The 65-acre site is located in the SE '/ of the NE '/ and NE '/ of the SE '/ of
Section 12,T28N, RI 8W,Town of Kinnickinnic, St. Croix County,WI.
3. The applicant filed an application with the Board of Adjustment for a special
exception permit for a major home occupation to operate a referral-based
veterinary clinic pursuant to Section 17.155 of the St. Croix County Zoning
Ordinance.
4. The proposed clinic meets all of the general standards for major home occupations
pursuant to Sections 17.155(5) and 17.155(6)of the St. Croix County Zoning
Ordinance.
5. This request does not violate the spirit or general intent of the St. Croix County
Zoning Ordinance in that major home occupations are allowed in the Ag
Residential District, and granting this request will allow for the applicant to
operate an equine operation within an agricultural area. The lack of signage and
lighting will help to preserve the agricultural nature of the area.
6. Granting this request will not be contrary to the health, safety or general welfare of
the public,nor will it be substantially adverse to property values in the
neighborhood due to the fact that the clinic is compatible with the surrounding
agricultural uses. The large acreage associated with the operation will assist in
screening the parking areas from adjacent properties and traffic to the site is
expected to be minimal.
7. This request does not constitute a nuisance by reason of noise, dust, smoke,odor
or other similar factors since all parking areas and driving surfaces are paved,the
amount of traffic coming to the site is minimal, and no hazardous materials will be
kept on the site.
8. The applicant has operated Lake View Equine Clinic out of his residence in the
Town of Troy since 1989 and has complied with all of the conditions of his special
exception permit. The County has no record of complaints or violations during this
time, and the property has been maintained in a very neat and orderly manner.
9. The Town of Kinnickinnic recommends approval of this request.
With the following conditions:
1. This special exception permit allows the applicant, Robert Racich, to operate a
referral-based (not open to the general public and minimally advertised)veterinary
clinic out of the property listed above as indicated in the application submitted on
July 6, 2006, and as provided in the conditions below. Approval for this special
exception permit does not include any additional accessory structures, services, or
operations not indicated as part of the plans.
14
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
publicly-noticed hearing.
The following vote was taken to approve:Nelson, yes; Luckey, yes; Struemke, yes; Zoerb,
yes; Chairperson Malick, yes. Motion carried unanimously.
The Board recessed at 4:55 p.m. and reconvened at 835 a.m. on August 25, 2006.
David and Julie Waldroff: Appeal From Administrative Decision
Motion by Zoerb, second by Malick to approve the Board's findings regarding this matter. After
having heard all the testimony, considered the entire record herein,and reviewed the site the
Board made the following findings:
1. Dave and Julie Waldroff own several contiguous tax parcels of land along approximately
one mile of County Road "A"for which 14 driveway permits were issued by the St.
Croix County Highway Department and then commenced construction of the 14 access
driveways.
2. St. Croix County Highway Commissioner Tim Ramberg revoked the permits on August
6,2004-
3. On or after March 22, 2006, St. Croix County Highway Commissioner Tim Ramberg had
the 14 driveways removed.
4. On June 15,2006, at the direction of Judge Needham, Dave and Julie Waldroff filed for
this administrative appeal from St. Croix County Highway Commissioner Tim
Ramberg's August 6, 2004 decision to revoke the 14 driveway permits.
5. The Board of Adjustment has the authority to hear administrative appeals from decisions
of Administrative Officials enforcing or administering Chapter 17 of the St. Croix
County Code of Ordinances.
6. The St. Croix County Highway Commissioner has no authority to administer or enforce
Chapter 17 Zoning of the St. Croix County Code of Ordinances but the actions of the
Highway Commissioner must be consistent with the provisions provided therein.
7. The ordinance in effect on August 6, 2004 limited the applicants to one driveway access
on each side of County Road A. No opinion is expressed whether agricultural field
accesses are included in the two accesses.
The following vote was taken to approve: Nelson, yes; Luckey, yes; Struemke, yes; Zoerb,
yes; Chairperson Malick, yes. Motion carried unanimously.
Nels Ulsaker,St. Croix Meadows—Special Exception
Motion by Zoerb, second by Struemke to table the decision until next month, so the Town of St.
Joseph is able to submit a recommendation regarding the park-and-ride.
Robert Racich/William Liddle—Special Exception
Motion by Zoerb,second by Nelson to approve the special exception permit for a major home
occupation to operate a referral-based veterinary practice out of an existing accessory structure
on a 65-acre parcel in the Town of Kinnickinnic. Having heard all the testimony,considered the
entire record herein, and reviewed the site,the Board made the following findings of fact and
conclusions of law:
13
2. The 8.50-acre site is located between and abuts both Old Highway 35 and the current
State Highway 35 in Section 4,T28N, RI 9W, Town of Troy, St. Croix County,
Wisconsin.
3. The applicants filed with the Planning and Zoning Department an application for an
amendment to their special exception permit approved on May 27, 2004 to enlarge a
previously approved sign and add an electronic message board to it to a total size of 82
square feet, and to construct an additional 32-square foot entrance sign.
4. The applicants requested an 80-square foot permanent highway sign as part of their
original special exception request on Many 27,2004,but the Board approved one 32-
square foot sign because that was the size allowed by the Ordinance for off-premises
signs(Exhibits 4 & 5).
5. On January 5,2005,the applicants obtained administrative approval to erect an 80-
square foot temporary construction sign on the construction site pursuant to Section
17.65(2)(g)of the Ordinance.The sign is still in place. The County has no record of
complaints about the sign on file.The applicants have also recently erected a
noncompliant sign attached to a vehicle on the site for the purpose of advertising
upcoming events.
6. With conditions to exclude moving electronic messages,require a shielded light source,
and reduce the sizes of the signs,the request would meet the spirit and intent of the St.
Croix County Zoning Ordinance in that the signs would be appropriately sized and
located so as to be effective in safely directing travelers to the church entrance and
announcing church activities while not detracting from the rural character,natural
beauty, and other visual amenities of the area. Specifically.
• Regarding electronic components, staff was unable to find any Board of
Adjustment approvals on file allowing electronic message boards on signs in
districts other than the Commercial District.Additionally,electronic message
boards are more appropriate in urban areas where businesses tend to be clustered
along commercially-zoned corridors,traffic speeds are lower,and setbacks and
ROW are less,thus making the messages easier to read than on a high-speed,
rural state highway.This site is also located in a primarily residential area in
which an electronic message board could be incompatible.
• Regarding size,the proposed 82-square foot sign is larger than signs historically
approved by the Board for churches,which have not generally exceeded 32
square feet.The size is consistent,however,with the size of signs approved for
other nonresidential uses on sites similar to the applicant's that are adjacent to
high-speed state highways and in the Ag Residential District,which range from
32 to 150 square feet.
• Regarding the number of signs, the Board has historically approved one main
sign and occasionally additional smaller signs ranging in size from six—ten
square feet to mark the entrance or post the hours for churches and other
nonresidential uses in the Ag Residential District.
7. With conditions to exclude moving electronic messages,require a shielded light source,
and reduce the sizes of both signs,the request would not be contrary to public health,
safety,or general welfare,nor would it be substantially adverse to property values in the
neighborhood affected.
16
2. This special exception permit shall be temporary in nature and shall be anted
P P Y :�
only to Robert Racich at 465 Division Avenue, Roberts, WI. It shall not be
transferable from person to person or address to address. The applicant must
retain ownership of the 65-acre parcel through the duration of the operation.
3. 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.
4. Normal hours of operation shall not extend beyond 8:00 AM and 7:00 PM daily.
5. The applicant shall have no more than two employees in addition to himself.
6. 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.
7. No signage or lighting shall be added to the site.
8. 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(August 2008). 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.
9. 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.
10.Accepting this decision means that the applicant and all property owners have
read,understand, and agree to all conditions of this decision.
The following vote was taken to approve: Nelson, yes; Luckey,yes; Struemke, yes; Zoerb,
yes; Chairperson Malick, yes. Motion carried unanimously.
Teens for Christ-Special Exception Amendment.
Motion by Nelson, second by Struemeke to approve the amendment to the special exception
permit approved by the Board of Adjustment on May 27, 2004 to enlarge a previously
approved sign, add an electronic message board to it, and construct an additional entrance
sign. Supervisor Zoerb observed an event banner attached to a van that is visible to Highway
35. After having heard all of the testimony and considered the entire record herein, the Board
made the following findings of fact and conclusions of law:
1. The applicant is Teens for Christ,Inc.,property owner.
15
an extension of up to six months from the 'Zoning Administrator or will be required to
secure a new special exception approval.
6. 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.
7. Accepting this decision means that the applicant and all property owners have read,
understand, and agree to all conditions of this decision.
8. Within 10 days of this decision,the applicants shall remove the temporary
construction sign,vehicle sign,and any other signs not previously approved by the
Board of Adjustment.
The following vote was taken to approve: Nelson, yes; Luckey,no; Struemke, yes; Zoerb,no;
Chairperson Malick, yes. Motion carried.
The Board recessed for lunch at 12:30 p.m. The Board reconvened at 1:05 p.m.
Park Place Storage—Special Exception Amendment
Motion by Luckey, second by Zoerb to approve the amendment to the special exception
permit to expand an existing storage condominium business in the Commercial District. After
having heard all of the testimony and considered the entire record herein, the Board made the
following findings of fact and conclusions of law:
1. The applicant is Park Place Storage Condominiums,Inc.,property owner.
2. The site is located at the end of 7d'Street in the N '/2 of the SE '/of Section 22,T30N,
R20W,Town of St.Joseph, St. Croix County,Wisconsin.
3. The applicant filed with the Planning and Zoning Department an application for a
special exception amendment to expand an existing storage condominium business,
Park Place Storage Condominiums, in the Commercial District pursuant to Section
17.18(1)of the St. Croix County Zoning Ordinance.
4. The applicant has complied with the conditions of the special exception permit
approved by the Board of Adjustment on August 22,2002.
5. This request does not violate the spirit or general intent of the St. Croix County Zoning
Ordinance in that storage condominiums are a reasonable and appropriate use in the
Commercial District,which the property is currently zoned. Its location adjacent to an
existing storage facility off of Highway 35/64 and close to other existing commercial
businesses on the cul-de-sac makes the site suitable for the expansion of this type of
operation.
6. The proposed expansion of the storage condominium business meets several goals and
objectives of the St. Croix County Development Management Plan by diversifying the
economy and serving nearby rural development.
18
8. With conditions for shielding the light source of the highway sign and not allowing for
any moving electronic messages,the request would not constitute a nuisance by reason
of light or visual pollution.
9. With conditions for shielding the light source of the proposed highway sign,both
proposed signs will comply with the setbacks,height Iimits, and other general sign
provisions pursuant to Section 17.65(2)of the Ordinance.
10. The Town of Troy Town Chair recommends denial of this request.
11. The Wisconsin Department of Transportation does not object to this request.
12. The applicants are not in full compliance with all of the conditions of their original
special exception permit including but not limited to:
• The sign on a van exceeds the allowed signage on the site per Condition#9 and is
prohibited pursuant to Section 17.65(2)(n)of the St. Croix County Zoning
Ordinance.
• Seating exceeds the 275 seating capacity approved by the Board per Condition#10.
• The church's sign states that the building is open yet it is unclear as to whether the
paving and rain gardens have been installed in compliance with Conditions#3 and
#8.
With the following conditions:
1. This special exception amendment approval is for the following
• One illuminated, double-sided highway sign not to exceed 32 square feet in size,
including any spacing. The light source for the sign must be constructed to
prevent glare onto adjacent residential properties and so as not to illuminate the
sky.Up to 16 square feet of the sign may contain an electronic message board.
The message board shall contain static, non-moving text consistent with the
general sign provisions in the St. Croix County Zoning Ordinance.
• One unlit double-sided entrance sign not to exceed 10 square feet in size.
2. Prior to installing the signs,the applicant shall secure all necessary local, state, and
federal permits and approvals.
3. Prior to installing the signs,the applicants shall submit to the Zoning Administrator
revised designs for both signs for the file.
4. The applicant shall ensure that both signs comply with the height, setback, and other
general sign requirements pursuant to Section 17.65 of the St. Croix County Zoning
Ordinance.
5. The signs approved herein shall not be erected until all conditions of the original
special exception permit approved on May 27,2004 are met (original decision
attached). The applicant shall have one(1)year from the approval of this special
exception amendment to meet these conditions and complete installation of the signs.
If the approval expires within this timeframe, the applicant will be required to request
17
3. Within 60 days of this decision, the applicant shall reference and henceforth
P
ermanentl Y attach to the condominium's By-Laws the Board of Adjustment decisions
dated August 22,2002 (File#25-02)and August 24, 2006 (File#SE0077) and provide
to the Zoning Administrator a copy of By-Laws for the files. The purpose of this is to
alert all property owners of the responsibilities associated with the use as well as the
limitations incurred as a result of these decisions.
4. Prior to commencing construction of the new storage buildings,the applicant shall
secure all necessary local, state, and federal permits and approvals,including but not
limited to a Town Building Permit and necessary approvals from the Wisconsin
Department of Commerce and Department of Natural Resources(if required).
5. Prior to commencing construction,the applicant shall submit to and have approved by
the Zoning Administrator a revised site plan showing:
• A reduced driveway opening that is 50 feet wide at the road surface and 35 feet
wide at the ROW,
• An increased structure setback of 25 feet from the southern property line.
• A landscaping buffer for the proposed expansion that is at least 10 feet in
width with native evergreen trees and shrubs at least six feet in height at the
time of planting along the lot lines to the south and east(along the entire length
of the property)to better screen the parking lot and buildings and retain the
rural character and natural beauty of the area. The landscaped buffer shall
attain 80%opacity at maturity,
• Fencing around the existing and proposed storm water ponds to address
potential safety concerns.
6. Prior to commencing construction,the applicants must submit a financial guarantee
equal to 120%of approved construction estimates in favor of St. Croix County,to be
held by the Planning and Zoning Department for the paved parking lot and driving
surfaces,landscaping, and the storm water management plan(to ensure proper
construction). The initial financial guarantee period shall be for a minimum of one
year and shall automatically renew until the county releases any or all of the financial
guarantees.The financial guarantee shall be submitted as follows:
• Written estimates must be submitted to the Zoning Administrator for review
and approval.
• No construction,including earth moving, shall take place prior to approval of
the financial guarantees.
• The applicant shall have the engineer submit proof that the plans were installed
as approved. This document can be submitted in the form of an as-built or
other document that County staff can review to ensure the plans were installed
in accordance with the original design (see Condition#12).
• Upon substantial completion of all required improvements, the applicant shall
notify the Zoning Administrator of the completion of the improvements in
writing. The Zoning Administrator,in consultation with appropriate experts,
shall inspect the improvements.
• The County may retain a portion of the guarantee, for a period not to exceed
two years after final acceptance of an improvement to ensure the project has
20
7. With conditions for storm water management, erosion control, landscaping, and
lighting, 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.
No residences currently exist in close proximity to the proposed expansion area.The
business has existed in this commercial area for four years without any complaints or
violations on record at the County.
8. With conditions for shielding light sources,planting additional trees and shrubs to
screen the parking areas, and limiting any noise that is generated from the site,this
request would not constitute a nuisance by reason of noise, dust, smoke, odor or other
similar factors.
9. The standards have been met to grant the special exception permit for expansion of the
storage condominiums pursuant to Section 17.18(1)(a-f)of the St. Croix County
Zoning Ordinance.
10. The applicants will provide sufficient area for off-street parking pursuant to Section
17.57 of the St. Croix County Zoning Ordinance.
I I. The driveway meets the driveway spacing requirements and all existing and proposed
buildings meet required road setbacks from 7`h Street pursuant to Section 17.60 6.a.of
the St. Croix County Zoning Ordinance.With conditions to reduce the width of the
driveway opening to 50 feet at the road surface and 35 feet at the ROW,the access
drive will meet the provisions of Sections 17.60(7)d.1) and 10)of the Ordinance.
12_ The Town of St.Joseph has recommended approval of this request with a condition for
an increased setback to 25 feet from the south property line.
13. The St. Croix County Land and Water Conservation Department does not object to the
approval of this request with a condition that an operation and maintenance plan for the
storm water pond be recorded against the property.The Department also informed the
Board of Adjustment that the depth of the existing storm water pond could pose a
potential drowning hazard.
14. The Wisconsin Department of Natural Resources has not submitted a recommendation
on this request.
With the following conditions:
1. This special exception permit is for Park Place Storage Condominiums,Inc.,property
owner,to expand an existing storage condominium business in the Commercial District
by adding three storage buildings on an adjoining 6-acre lot as indicated in the plans
submitted on May 1,2006, and as provided in the conditions below. Approval for this
special exception permit does not include any additional grading and filling,
structures,impervious coverage, or uses.
2. The applicant shall continue to strictly adhere to the conditions of the special
exception permit approved by the Board of Adjustment on August 22,2002,unless
stated otherwise in the conditions below.
19
complete the project. Failure to 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.
17. These conditions may be amended or additional conditions may be added if
unanticipated circumstances arise that would affect the health and/or safety of citizens
or degrade the natural resources of St. Croix County. Conditions will not amended or
added without notice to the applicant and an opportunity for a hearing.
18. Accepting this decision means that the applicant and all property owners have read,
understand, and agree to all conditions of this decision.
The following vote was taken to approve: Nelson, yes; Luckey, yes; Struemke, yes; Zoerb,
yes; Chairperson Malick, yes. Motion carried unanimously.
David and Deborah Wolner—Special Exception
Motion by Zoerb, second by Nelson to approve the special exception permit for filling and
grading in the Shoreland District of the Apple River in the Town of Star Prairie in order to
construct a log house and garage on an undeveloped lot. After having heard all of the
testimony and considered the entire record herein,the Board made the following findings of fact
and conclusions of law:
1. The applicants are David and Deborah Wolner,property owners, 1137 212th Avenue,
New Richmond,WI.
2. The site is located in the SE 1/ of the SW 1/ of Section 15,T3 IN,R18W,Town of Star
Prairie,St.Croix County,W1.
3. The applicant filed an application with the Board of Adjustment for a special exception
permit for filling and grading in the Shoreland District of the Apple River pursuant to
Section 17.29(2)(c)of the St. Croix County Zoning Ordinance.
4. All proposed structures meet the setback requirements in the St.Croix County Zoning
Ordinance.
5. With conditions for controlling erosion and managing storm water runoff to minimize the
risk of water pollution and sedimentation entering the Apple River, and preserving and
enhancing existing shoreline habitat to maintain the ecological characteristics of the river,
this request:
• will not violate the spirit or general intent of the Shoreland District pursuant to
Sections 17.26(3)(b)5.a.-c. and 7.a. and c.of the St. Croix County Zoning
Ordinance,
• will not negatively impact the public health,safety or general welfare of the
public,nor will it be substantially adverse to property values in the neighborhood,
• will not constitute a nuisance by reason of noise,dust,smoke,odor or other
similar factors, and
• will comply with the requirements of Section 17.70(7)(b)2,3 and 5 and will be
consistent with the provisions of Sections 17.70(7)(d) and(f)of the Ordinance.
6. The Town of Star Prairie recommends approval of this special exception request.
22
been stabilized,this amount is not to exceed 15% of the cost of the
improvement
7. Within 60 days of completing construction, the applicant must record an affidavit
referencing the storm water pond an d an operation and maintenance agreement for the
pond against the property, and provide a recorded copy to the Zoning Administrator.
The intent is to make future owners aware of the responsibilities associated with the
plans as well as the limitations incurred as a result of the plans.
8. The applicant shall maintain paved access and driving surfaces between and around
buildings as shown on the plans immediately upon completion of the construction of
the buildings, and in accordance with the approved plans.
9. Any change in on-site signage requires prior approval by the Zoning Administrator,
who may determine that approval from the Board of Adjustment is needed.
10. All lights on the site and on buildings must be downward directed and shielded away
from neighboring properties to prevent glare. Only lights on the building or building
overhangs at a level not to exceed the height of the lowest eaves may be left on
overnight for security purposes.
11. Before 8:00 AM and after 10:00 PM,the applicants and all property owners shall limit
noise on the property. 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.
12.The property shall be maintained in a neat and orderly matter.No items or materials
may be stored outside.
13.Within six months of completing construction of the entire project,the applicant shall
submit to the Zoning Administrator photos and an as-built drawing of all completed
buildings, hard surface, storm water management devices, signs, lights, and
landscaping to ensure that everything has been constructed as designed and approved.
14.The applicant shall contact the Planning and Zoning Department to review this special
exception permit in three years from the approval date(August 2009) for compliance
with the conditions of this approval.
15.Upon any change in ownership of the common elements of the property,or change in
management of the storage facilities, the applicants shall submit to the Zoning
Administrator the name and contact information of the new owner or management
association, who shall comply with all of the general requirements and conditions
listed in this decision. Any change in or addition to the plans - including but not
limited to expansion, signage, landscaping, or lot/access changes—shall require
review and approval by the Zoning Administrator and in some circumstances through
the special exception approval process as stated in the Ordinance.
16.The applicant shall have two (2)years from the issuance of the special exception
permit to commence construction of the buildings and three (3) years to substantially
21
been stabilized,this amount is not to exceed 15% of the cost of the
improvement.
5. Within 60 days of this approval,the applicant shall execute and record an affidavit
against the property referencing the storm water management plan and operation and
maintenance agreement for the infiltration areas.The applicant shall provide recorded
copies to the Zoning Administrator at this time.The intent is to make the current and
future owners aware of the responsibilities as well as the limitations incurred as a result
of the conditions of this decision and the associated plans.
6. Within 60 days of completing construction,the applicant shall submit to the Zoning
Administrator certification or record drawings prepared by a registered professional
engineer or other professional deemed acceptable by the Zoning Administrator ensuring
that all construction,final grading, and storm water management measures have been
installed as indicated in the plans, and photographs of the property as viewed from all
angles,including from the river.
7. All retaining walls and any other accessory structures shall be located at least 75 feet
from the OHWM of the Apple River.
8. The current level of native forbs,shrubs, and trees within the 75-foot OHWM setback
area shall be maintained to substantially screen all structures from the river during
summer leaf-on conditions and continue to provide a natural shoreline buffer area and
wildlife habitat.
9. Phosphorous fertilizers shall not be used to establish and maintain a lawn on the
disturbed area of the site,unless a soil test confirms that phosphorous is needed.
10. Any minor change or addition to the project,including but not limited to the design of the
project,shall require prior review and approval by the Zoning Administrator. Any major
change or addition to the originally approved plan will have to go through the special
exception approval process.
11. The applicants shall have one(1)year from the issuance of the special exception permit
to commence construction and two(2)years from the issuance of this permit to
substantially complete the project.Failure to 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.Upon prior request
from the applicant,the Zoning Administrator may grant approval for an extension of up
to six months.
12. 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.
13. Accepting this decision means that the applicants and all property owners have read,
understand, and agree to all conditions of this decision.
The following vote was taken to approve: Nelson,yes; Luckey, yes; Struemke,yes; Zoerb,
yes; Chairperson Malick, yes. Motion carried unanimously.
24
T The St. Croix County Land and Water Conservation Department approves of the erosion
control and storm water management plan and recommends that the applicants record an
operation and maintenance plan for the retention areas against the property and install a
double-row of silt fence to be Ieft intact until self-sustaining groundcover is established_
8. The Wisconsin Department of Natural Resources concurs with County staff
recommendations and has verified that a Chapter 30 Permit is not needed.
With the following conditions:
I. This special exception permit allows the applicants to disturb approximately 25,929
square feet of land in the Shoreland District of the Apple River to construct a house and
garage and install a septic system,driveway, and infiltration areas as indicated in the
plans submitted on July 5,2006,and as provided in the conditions below.Approval for
this special exception permit does not include any additional grading and filling,
structures, or impervious coverage not indicated in the plans.
2. Prior to commencing construction,the applicants shall be responsible for securing
necessary permits from the Town of Star Prairie and obtaining any other required local,
State,or Federal permits and approvals.
3. Prior to commencing construction, a double row of silt fence shall be installed around the
perimeter of the construction site.During construction,the smallest amount of bare
ground shall be exposed for as short a time as possible. Immediately upon completion of
the construction,temporary ground cover shall be used until permanent groundcover is
established. The double row of silt fence shall remain intact until self-sufficient native
vegetation has been established after which time it shall be removed.
4. Within 30 days of this approval,the applicants must submit a financial guarantee equal to
120%of approved installation estimates in favor of St.Croix County,to be held by the
Planning and Zoning Department for the proposed infiltration areas to ensure proper
installation. The initial financial guarantee period shall be for a minimum of one year
and shall automatically renew until the County releases any or all of the financial
guarantees:
• Written estimates must be submitted to the Zoning Administrator for prior
review and approval.
• No construction, including earth moving, shall take place prior to approval of
the financial guarantees
• The applicant shall have the engineer or registered landscape architect submit
proof that the plans were installed as approved. This document can be
submitted in the form of an as-built or other document that county staff can
review to ensure the plans were installed in accordance with the original design
(see Condition#6).
• Upon substantial completion of all required improvements,the applicant shall
notify the Zoning Administrator of the completion of the improvements in
writing. The Zoning Administrator, in consultation with appropriate experts,
shall inspect the improvements.
• The County may retain a portion of the guarantee, for a period not to exceed
two years after final acceptance of an improvement to ensure the project has
23
filling, structures,or impervious coverage not indicated in the plans.
2. Prior to commencing construction,the applicants shall be responsible for securing
necessary permits from the Town of Kinnickinnic and obtaining any other required local,
state,or federal permits and approvals.
3. The Town of Kinnickinnic may request reconsideration based on new information from
the Town Board meeting no later than fifteen days prior to the next Board of Adjustment
meeting.
4. Prior to commencing construction, a double row of silt fence shall be installed around the
perimeter of the construction site in accordance with the erosion control and grading plan
submitted on July 5,2006-During construction,the smallest amount of bare ground shall
be exposed for as short a time as possible. Immediately upon completion of the
construction,temporary ground cover shall be used until permanent groundcover is
established. The double row of silt fence shall remain intact until self-sufficient native
vegetation has been established after which time it shall be removed.
5. Within 30 days of this approval,the applicants must submit a financial guarantee equal to
120%of approved installation estimates in favor of St. Croix County,to be held by the
Planning and Zoning Department for the proposed infiltration area to ensure proper
installation and the establishment of permanent vegetation. The initial financial
guarantee period shall be for a minimum of one year and shall automatically renew until
the County releases any or all of the financial guarantees:
• Written estimates must be submitted to the Zoning Administrator for prior
review and approval.
• No construction,including earth moving, shall take place prior to approval of
the financial guarantees
0 The applicant shall have the engineer or registered landscape architect submit
proof that the plans were installed as approved. This document can be
submitted in the form of an as-built or other document that county staff can
review to ensure the plans were installed in accordance with the original design
(see Condition#6).
• Upon substantial completion of all required improvements,the applicant shall
notify the Zoning Administrator of the completion of the improvements in
writing. The Zoning Administrator,in consultation with appropriate experts,
shall inspect the improvements.
The County may retain a portion of the guarantee,for a period not to exceed
two years after final acceptance of an improvement to ensure the project has
been stabilized, this amount is not to exceed 15% of the cost of the
improvement.
6. Within 60 days of this approval,the applicant shall execute and record an affidavit
against the property referencing the storm water management plan and operation and
maintenance agreement for the infiltration area.The applicant shall provide recorded
copies to the Zoning Administrator at this time.The intent is to make the current and
future owners aware of the responsibilities as well as the limitations incurred as a result
of the conditions of this decision and the associated plans.
7. Within 60 days of completing construction,the applicant shall submit to the Zoning
26
_Brian Hanson- Special Exception
Motion by Zoerb, second by Luckey to approve the special exception permit for filling and
grading in the Shoreland District of the Kinnickinnic River in the Town of Kinnickinnic in
order to construct a house and an attached garage on an undeveloped lot. After having heard
all of the testimony and considered the entire record herein,the Board made the following
findings of fact and conclusions of law:
1. The applicant is Brian Hanson,property owner, 1337 Christy Court, River Falls,WI.
2. The site is located in the NE '/ of the NW '/ of Section 11,T2 8N,R 18W,Town of
Kinnickinnic, St. Croix County,WI.
3. The applicant filed an application with the Board of Adjustment for a special exception
permit for filling and grading in the Shoreland District of the Kinnickinnic River
pursuant to Section 17.29(2)(c)of the St. Croix County Zoning Ordinance.
4. All proposed structures meet the setback requirements in the St. Croix County Zoning
Ordinance.
5. With conditions for controlling erosion and managing storm water runoff to minimize the
risk of water pollution and sedimentation entering the Kinnickinnic River,and preserving
and enhancing existing shoreline habitat to maintain the ecological characteristics of the
river,this request:
• will not violate the spirit or general intent of the Shoreland District pursuant to
Sections 17.26(3)(b)5.a-e. and 7.a. and c.of the St.Croix County Zoning
Ordinance,
• will not negatively impact the public health,safety or general welfare of the
public,nor will it be substantially adverse to property values in the neighborhood,
• will not constitute a nuisance by reason of noise,dust,smoke, odor or other
similar factors,and
• will comply with the requirements of Section 17.70(7)(b)2,3 and 5 and will be
consistent with the provisions of Sections 17.70(7)(d)and(f)of the Ordinance.
6. The Town of Kinnickinnic has not yet submitted a recommendation on this request.
7. The St. Croix County Land and Water Conservation Department approves of the storm
water management plan with conditions for recording an operation and maintenance
plans for the retention and infiltration areas against the property and installing and
maintaining a double row of silt fence until self-sustaining vegetative cover is established
on all disturbed areas.
8. The Wisconsin Department of Natural Resources concurs with County staff
recommendations and has verified that a Chapter 30 Permit is not needed.
With the following conditions:
1. This special exception permit allows the applicants to disturb approximately 22,500
square feet of land in the Shoreland District of the Kinnickinnic River to construct a
house and attached garage and install a septic system, driveway,and infiltration area as
indicated in the plans submitted on July 5,2006, and as provided in the conditions below.
Approval for this special exception permit does not include any additional grading and
25
3. The applicant filed with the Planning and Zoning Department an application for a
special exception permit to use an existing model home as a residence and stamping
business in the Commercial District pursuant to Section 17.18 of the St. Croix County
Zoning Ordinance.
4. This request would not violate the spirit and intent of the St. Croix County Zoning
Ordinance or the purpose of the Commercial District due to the fact that a mixed-use
building featuring a residential use and a retail/office use is appropriate in this location.
The existing model home was designed as a single-family residence and use as such is
consistent with adjacent residential development to the south. The proposed stamping
business will complement existing commercial uses to the north and west.Mixed-use of
the building is compatible with and will provide a transitional buffer between existing
commercial and residential uses.
5. With conditions for landscaping,lighting,signs, compliance with commercial building
standards, and long-term access,this request would not negatively impact the public
health, safety,or welfare of the public,nor would it be substantially adverse to property
values in the area.The design of the building is consistent with that of existing adjacent
commercial and residential development along the Highway 65 corridor and will retain
the general character of the area.The applicant plans to enhance the outward appearance
of the building since she will reside there and hopes to attract clientele interested in
stamping to her business.
6. With conditions for paving and screening the driveway and parking spaces,this request
does not constitute a nuisance by reason of noise,dust,smoke,odor or other similar
factors since only residential and professional retail and office uses will occur on the
site.All stamping business operations will occur within the building.
7. With conditions for landscaping and paving the parking lot and access drive,the
standards for the Commercial District will be met pursuant to Section 17.18(1)(a-f)of
the St. Croix County Zoning Ordinance.
8. The existing building meets current and proposed road setbacks.
9. The current driveway access meets the highway spacing requirements and it appears that
access to the north could be provided in the future if 131st Street is extended to link
Highway G to Highway 65 as planned by the Wisconsin Department of Transportation.
10. The proposed business meets several goals and objectives of the St. Croix County
Development Management Plan by diversifying the economy and serving nearby rural
development.
11. The applicants will provide sufficient area for off-street parking pursuant to Section
17.57 of the St. Croix County Zoning Ordinance.
12. The proposed sign is not consistent with the general standards for signs pursuant to
Section 17.65(2)of the St. Croix County Zoning Ordinance in that portable signs are
prohibited.
28
Administrator certification or record drawings prepared by the project engineer ensuring
that all construction,final grading, and storm water management measures have been
installed as indicated in the plans, and photographs of the property as viewed from all
angles,including from the river.
8. The height of the house shall not exceed 35 feet as measured from the lowest adjacent
grade to the midpoint between the eaves and the peak.
9. The current level of native forbs,shrubs, and trees within the 75-foot OHWM setback
and wetland area shall be maintained to substantially screen all structures from the river
during summer leaf-on conditions and continue to provide a natural shoreline buffer area
and wildlife habitat.
10. Phosphorous fertilizers shall not be used to establish and maintain a lawn on the
disturbed area of the site,unless a soil test confirms that phosphorous is needed.
11. Any minor change or addition to the project,including but not limited to the design of the
project,shall require prior review and approval by the Zoning Administrator. Any major
change or addition to the originally approved plan will have to go through the special
exception approval process.
12. The applicant shall have one(1)year from the issuance of the special exception permit to
commence construction and two(2)years from the issuance of this permit to
substantially complete the project. Failure to 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. Upon prior request
from the applicant,the Zoning Administrator may grant approval for an extension of up
to six months.
13. These conditions may be amended or additional conditions may be added if
unanticipated circumstances arise that would affect the health and/or safety of citizens or
degrade the natural resources of St.Croix County. Conditions will not be amended or
added without notice to the applicant and an opportunity for a hearing.
14. 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;Luckey,yes; Struemke,yes;Zoerb,yes;
Chairperson Malick,yes.Motion carried unanimously.
Bernard Kopp/Rose Evans—Special Exception
Motion by Nelson, second by Struemke to approve the special exception permit for a
residence and stamping business in the Commercial District in the Town of Richmond. After
having heard all of the testimony and considered the entire record herein,the Board made the
following findings of fact and conclusions of law:
1. The applicants are Bernard and Shirley Kopp,the current owners of the property,and
Rose and Kevin Evans,potential future owners of the property.
2. The site is located on Highway 65 in Section 23,T30N-R18W,Town of Richmond, St.
Croix County, Wisconsin.
27
• The County may retain a portion of the guarantee for a period not to exceed
two years after final acceptance of an improvement to ensure the project has
been stabilized.This amount is not to exceed 15% of the cost of the
improvement.
6. New buildings(including a garage),parking areas, or other structures or facilities shall
not be constructed on the property without prior review and approval from the Zoning
Administrator to ensure long-term compliance with future transportation plans by the
Wisconsin Department of Transportation,and to ensure that storm water runoff from
any additional impervious coverage is retained and infiltrated on site.
7. In the event that 131" Street is extended to the applicant's property, the applicant shall
change the access from Highway 65 to the town road as required by the driveway
permit issued by the Wisconsin Department of Transportation.
8. Total cumulative signage on the site shall not exceed 32 square feet. All signs shall be
located at least 10 feet from any property line and shall be consistent with the general
sign standards in the Ordinance.
9. Lighting on the site shall not exceed the current level of lighting, except to add a light
onto the proposed garage. All lighting on the site must be downward directed and
shielded away from neighboring properties to prevent glare.
10. Hours of operation shall not extend beyond 8:00 AM— 10:00 PM.
11. The property shall be maintained in a neat and orderly matter with no outside storage
of any materials.
12. The applicant shall contact the Planning and Zoning Department to review this special
exception permit in two years from the approval date(August 2008)for compliance
with the conditions of this approval.
13. Any change in ownership of the building or business,change in use of the building or
the type of business conducted there,or project details—including but not limited to
expansion, signage,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.
14. These conditions may be amended or additional conditions may be added if
unanticipated circumstances arise that would affect the health and/or safety of citizens
or degrade the natural resources of St. Croix County. Conditions will not be amended
or added without notice to the applicant and an opportunity for a hearing.
15. Accepting this decision means that the applicant and all property owners have read,
understand, and agree to all conditions of this decision.
The following vote was taken to approve: Nelson,yes;Luckey, yes; Struemke,yes; Zoerb,yes;
Chairperson Malick, yes.Motion carried unanimously.
30
13. The Town of Richmond has recommended approval of this request.
14. The Wisconsin Department of Transportation does not object to the special exception
request.
With the following conditions:
1. This special exception permit is for Kevin and Rose Evans to reside at and operate a
stamping business out of an existing model home in the Commercial District as
depicted in the application submitted on June 21,2006, and as provided in the
conditions below.
2. Prior to opening the business,the applicant shall secure all necessary local,state, and
federal permits and approvals, including but not limited to an updated County sanitary
permit and approval from the Department of Commerce as necessary. Copies of these
approvals shall be submitted to the Zoning Administrator.
3. Prior to opening the business, the applicant shall pave the single driveway access and
parking lot on the property. The applicant shall maintain a minimum of one paved
parking space for each 200 square feet of building floor area in accordance with the
off-street parking standards in the Ordinance. As the stamping business grows,the
applicant shall provide additional paved parking spaces to accommodate all customer
vehicles on site.
4. Prior to opening the business, the applicant shall submit to and have approved by the
Zoning Administrator a landscaping plan to substantially screen the parking area and
driveway from the adjacent residential properties to the south and east,unless
prohibited by the power lines.The landscaping plan shall feature a buffer at least 10
feet in width with native evergreen trees and shrubs at least six feet in height at the
time of planting along the lot line to the south.The landscaped buffer shall attain 80%
opacity at maturity.
5. Prior to opening the business,the applicant must submit a financial guarantee equal to
120%of approved construction estimates in favor of St. Croix County,to be held by
the Planning and Zoning Department for the paved driveway and parking lot and
associated Iandscaping(to ensure proper installation). The initial financial guarantee
period shall be for a minimum of one year and shall automatically renew until the
County releases any or all of the financial guarantees. The financial guarantee shall be
submitted as follows:
• Written cost estimates must be submitted to the Zoning Administrator for
review and approval.
• No construction,including earth moving, shall take place prior to approval of
the financial guarantee.
• The applicant shall submit proof that the paving and landscaping were installed
as approved.
• Upon substantial completion of all required improvements, the applicant shall
notify the Zoning Administrator of the completion of the improvements in
writing and shall provide photographs of the site, including paved surfaces and
landscaping. The Zoning Administrator, in consultation with appropriate
experts, may inspect the improvements.
29
11. The proposed on-site sign is appropriately sized for and consistent with the size of
signs historically approved by the Board of Adjustment for uses in the Commercial
District. The sign will meet the setback requirements and other general standards for
signs pursuant to Section 17.65(2)of the St. Croix County Zoning Ordinance.
12.The Town of Somerset has recommended approval of this request.
13. The St. Croix County Land and Water Conservation Department does not object to
this request.
14. The Wisconsin Department of Natural Resources has not submitted a
recommendation on this request.
With the following conditions:
1. This special exception permit is for Lon Carnahan and Premier Insulation, Inc. to
operate an insulation business in the Commercial District as indicated in the plans
submitted on July 5, 2006 and as provided in the conditions below. Approval for this
special exception permit does not include any additional grading and filling,
structures,impervious coverage,or uses.
2. Prior to commencing construction of the building, the applicant shall secure all
necessary local,state, and federal permits and approvals,including but not limited to
a Town Building Permit, County Sanitary Permit, and any other required permits
from the Wisconsin Department of Natural Resources or Department of Commerce.
3. Prior to commencing construction, silt fence shall be installed around the perimeter of
the construction site in accordance with the erosion control plan. During construction,
the smallest amount of bare ground shall be exposed for as short a time as possible,
and temporary ground cover such as mulch shall be used.Upon completion of
construction,the site shall be restored with permanent groundcover as soon as
practicable. The applicant shall not use phosphorous fertilizers to establish and
maintain vegetation on the disturbed areas of the site,unless a soil test confirms that
phosphorous is needed.
4. Prior to commencing construction,the applicant shall submit to and have approved
by the Zoning Administrator a revised landscaping plan featuring a buffer at least 10
feet in width with native evergreen trees and shrubs at least six feet in height at the
time of planting along the entire lot line to the west to better screen the parking lot
and retain the rural character and natural beauty of the area. The landscaped buffer
shall attain at least 80%opacity at maturity.
5. Prior to commencing construction, the applicant must submit a financial guarantee
equal to 120%of approved construction estimates in favor of St. Croix County, to be
held by the Planning and Zoning Department to ensure the proper installation of the
paved parking and driving surfaces, the establishment of permanent vegetation on all
disturbed areas; and the implementation of the landscaping plan approved as part of
this application. The initial financial guarantee period shall be for a minimum of one
year and shall automatically renew until the County releases any or all of the
financial guarantees. The financial guarantee shall be submitted as follows:
32
3
• I
Lon Carnahan,Premier Insulation—Special Exception
Motion by Malick, second by Struemke to approve the special exception permit to operate an
insulation company,Premier Insulation (a branch of City Wide Insulation), in the Commercial
District in the Town of Somerset. After having heard all of the testimony and considered the
entire record herein,the Board made the following findings of fact and conclusions of law:
I. The applicant is Lon Carnahan,Premier Insulation,property owner.
2. The site is located on 68`'' Street on Lot I of the CM &E Business Park in the SE '/4
of the SE '/ of Section 23,T3IN, RI 9W, Town of Somerset, St. Croix County,
Wisconsin.
3. The applicant filed with the Planning and Zoning Department an application for a
special exception permit to operate an insulation business in the Commercial District
pursuant to Section 17.18(1) of the St. Croix County Zoning Ordinance.
4. This request does not violate the spirit and intent of the St. Croix County Zoning
Ordinance in that the proposed insulation business is a reasonable and appropriate use
in the Commercial District,which the property is currently zoned. The location of
this property is acceptable for the proposed use due to the fact that it is in CM &E
Business Park,which was designed for commercial uses of this type and which has
the facilities and infrastructure to support it.
5. The proposed insulation business will meet several goals and objectives of the St.
Croix County Development Management Plan by diversifying the economy and
providing employment opportunities_
6. With the implementation of storm water management and erosion control measures to
ensure that runoff is infiltrated within the business park and does not drain onto
adjacent residential properties, and landscaping that substantially screens adjacent
residences from the business, granting this request would not be contrary to the
health, safety,or welfare of the public, nor would it be substantially adverse to
property values for nearby residences. Drainage easements and a landscaping plan
have already been recorded as part of the plat for CM &E Business Park.
7. With conditions for limiting the hours of operation, shielding light sources, and
planting additional trees and shrubs to screen and buffer the facility and parking
areas,this request would not constitute a nuisance by reason of noise, dust, smoke,
odor or other similar factors. The proposed business will serve primarily as a
warehouse and office,with no loud noises, dust, smoke, or odor being produced as
part of the operation.
8. The standards have been met to grant the special exception permit for the insulation
business pursuant to Section 17.18(1)(a-f)of the St. Croix County Zoning Ordinance.
9. The applicants will provide sufficient area for off-street parking pursuant to Section
17.57 of the St. Croix County Zoning Ordinance.
10. The proposed building meets the required road setback from 68th Street pursuant to
Section 17.60 6.a_ of the St. Croix County Zoning Ordinance.
31
of St. Croix County. Conditions will not be amended or added without notice to the
applicant and an opportunity for a hearing.
15. Any change in ownership or use of the property, buildings, and/or business; or change
or addition to the property,building, or facilities; or changes to the current project
details—including but not limited to future expansion, signage, 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.
16. The applicants shall have one (1) year from the issuance of the special exception
permit to commence construction of the building and related facilities and two (2)
years from the issuance to substantially complete the project. Failure to 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.
IT Accepting this decision means that the applicant and all property owners have read,
understand, and agree to all conditions of this decision.
The following vote was taken to approve: Luckey, yes; Struemke, yes; Zoerb, yes;
Chairperson Malick, yes; Nelson not present. Motion carried unanimously.
Malick closed the hearing and adjourned the meeting at 3:35 p.m. on Friday, August 25, 2006.
Respectfully submitted,
Sue Nelson, Secretary Becky Eggen, cordi ecretary
34
S
3
4
• Written estimates must be submitted to the Zoning Administrator for review
and approval.
0 No construction, including earth moving, shall take place prior to approval of
the financial guarantees_
The applicant shall have the engineer submit proof that the plans were installed
as approved. This document can be submitted in the form of an as-built or
other document that County staff can review to ensure the plans were installed
in accordance with the original design (see Condition #8).
• Upon substantial completion of all required improvements, the applicant shall
notify the Zoning Administrator of the completion of the improvements in
writing. The Zoning Administrator, in consultation with appropriate experts,
shall inspect the improvements.
• The County may retain a portion of the guarantee for a period not to exceed
two years after final acceptance of an improvement to ensure the project has
been stabilized,this amount is not to exceed 15%of the cost of the
improvement.
6. The applicants shall maintain a minimum of 17 paved parking spaces, and shall be
responsible for maintaining adequate off-street parking throughout the duration of the
operation.
7. The building shall be earth tone in color.
8. Within 30 days of substantially completing construction of the entire project,the
applicant shall submit to the Zoning Administrator photos and an as-built drawing of
the completed building,paved parking and driving surfaces, storm water management
measures,signs, lights, and landscaping to ensure that everything has been constructed
and installed as approved.
9. Signage shall not exceed one unlit 40-square foot sign. The applicants shall obtain
prior approval from the Zoning Administrator for any change or addition in signage,
which may require approval from the Board of Adjustment.
10. All lights 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.
11. Hours of operation shall not extend beyond 7 AM — 6 PM Monday— Saturday.
12. The building and property shall be maintained in a neat and orderly manner.
13_ All vehicle maintenance that is done on-site must be done on an impervious and
properly contained surface.
14. The applicant shall contact the Zoning Administrator to review this special exception
permit in two years from the approval date(August 2008) for compliance with the
conditions of this approval. These conditions may be amended or additional conditions
may be added to address complaints or if unanticipated circumstances that would
affect the health, safety, or general welfare of citizens or degrade the natural resources
33