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Home My WebLink About026-1051-60-000 FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY,WISCONSIN File: SE0085 Applicant: St.Croix Electric Cooperative, Property Owner: Roger and Cindy Gleason Parcel ID#: 18.30.18.267A(New#for Lot 2 of recent CSM No. 5207 not yet assigned.) Complete Application Received: July 5,2006 Hearing Notice Publication: Weeks of July 10 and 17, 2006 Hearing Dates: July 27,2006(Tabled)and 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. The applicants are Roger and Cindy Gleason,current property owners,and St. Croix Electric Cooperative,future property owners. 2. The site is located at the intersection of 95'11 Street and 160"'Avenue in the NE'/4 of the NW '/4 of Section 18,T30N, R18W, Town of Richmond, St. Croix County,Wisconsin. 3. The applicant filed with the Planning and Zoning Department an application 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 driveway meet required road setbacks and spacing requirements from 950'Street and 160"'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. I O.No existing property owners have appeared or written in opposition of the proposed substation. I LThe 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. DECISION On the basis of the above Findings of Fact, Conclusions of Law,and the record herein, the Board approved the applicant's special exception request, 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 rt does n not include any structures, impervious coverage, or uses not shown or indicated in these plans. 2. Prior to commencin g 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 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. i 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. 6. The temporary sign announcing the future use of the site as a substation shall be 32 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 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 standards in the St. Croix County Signage 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. i 2 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 amended or added without notice to the applicant and an opportunity for a hearing. 11. 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. APPEAL RIGHTS Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within 30 days after the filing date shown below, pursuant to Sec. 59.694(l 0), Wisconsin Statutes. St. Croix County assumes no responsibility for action taken in reliance on this decision prior to the expiration of the appeal period. St. Croix County does not certify that the identity of all persons legally entitled to notice of the Board of Adjustment proceedings,which resulted in this decision, was provided to the County. If an appeal is taken of this decision,it is the responsibility of the appellant to submit at his/her expense a transcript of the Board of Adjustment proceedings to the circuit court. The Planning and Zoning Department can be contacted for information on how to obtain a transcript. It is the responsibility of the Board of Adjustment to submit its record(file)of this matter to the circuit court. ZONING BOARD OF ADJUSTMENT Signed: Date Filed: 08/28/06 Clarence W. Mali Chairperson 3 TOPOGRAPHIC SURVEY LOCATED IN PART OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, SECTION 18, T30N, R18W, TOWN OF RICHMOND, ST. CROIX COUNTY, WISCONSIN. N 1/4 Corner Sec. 18 T30N, R18W Edge of Bit. Find. Co. Mon. I � _R-Q.W-—- 160TH Ave. 'R.O.W. R.O.W. PROPOSED OUTLOT 1 � I I PROPOSED LOT 1 SETBACK aba� f I I W. PROP SCD L T ' I `D1 i j Edge ol Bit. _. i ! _ ,a I 0 0 I 0 11 ra aro W ussac i P R - EDL-Qft1 4 �._ 'b s I I• i p II I �I ALO I CSM VOL_1 CSM VOL. 6 I - I(D I PG. 295 Pc. 1787 �. CL EX Trjt4 _DRIVE_ --- - i J I SCAU: 1"=100' RIM j 50' 100' 200' Horizontal datum reference to the St. Croix County grid coordinate system. LEGEND Vertical Datum referenced to NAVD 88. GOVFRNMEN I CORNER (AS NOTED) CERTIFICATE ^^^^^^ EXISTING EDGE OF WOODS I James T. Swanson, Registered Land Surveyor, hereby certify that this survey is correct and EXISTING siCN accurate to the best of my knowledge e and belief. names T. Swanson, R,L,S #1482 Dated this -- — day of ---- - 2006. CEDAR CORPORATION 604 WILSON AVENUE MENOMONIE, WI 54751 SHEET 1 OF i (715) 235--9081 TOPOGRAPHIC SURVEY LOCATED IN PART OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, SECTION 18, T30N, R18W, TOWN OF RICHMOND, ST. CROIX COUNTY, WISCONSIN. N 1/4 Comer Sec. 18 T30N, R1 8W Edge of Bit. j I j Fnd. Co. Mon. Approx, location 69Kv N-65 160TH Ave. 0&4 � � PROPOSED /000 PROPOSED LOT I OUTLOT 1 r i I S�TBAC i k fT m -h ternliedi 10° S ructlure PROPOSED LOT 1 ,i Communica ions mole ;! Edge of B t. ��1_% I °°o•wnoz R POSED_ DRIVE _ I M m ; I �--_-■°.a--�� 0l o I' o 'I CSM VOL. 1 Ir"•i CSM VOL. 6 1 10 PG. 295 ice+ PG.?787 CL EXI DRIVE_-- I Al SCALE: I"=100' 0' 50' i0U' 2OU' Horizontal datum reference to the St. Croix County grid coordinate system. LEGEND Vertical Datum referenced to NAVD 88. GOVERNMENT CORNER (AS NOTED) CERTIFICATE F_XISFING r_DGI._ of WOODS I James T. Swanson, Registered Land Surveyor, —� CX1STNG SIGN hereby certify that this survey is correct and accurate, to the best of my knowledge and belief. James T. Swanson, R.L.S. #1482 Dated this day of __.----------_-- 2006. CEDAR CORPORATION 604 WILSON AVENUE M FNOMONIE, WI 54751 (715) 235-9081 SHEET 1 OF 1