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HomeMy WebLinkAbout030-1011-40-050 (3) S? 81 CROIX COUN1 PUNNING &. Z®NNG June 27,2011 File Ref: SE87220 Chris Kath, owner Willow River Saloon 1106 County Highway A Code Admini itra Hudson,WI 54016 715-3864680 band Information& Re: St. Croix County Special Exception Amendment Planning Parcel#: 3.29.19.55E30, Town of St.Joseph 715-3864674 Dear Mr. Kath: Real Prope 715-3 77 The St. Croix County Board of Adjustment (Board) has reviewed your request for an Re cling amendment to Condition#10 of the special exception permit approved on May 24, 2007 -3864675 to allow expansion of an existing bar/restaurant in the Commercial District. After the meeting on June 23, 2011 the Board voted to approve the amendment with modification of the condition. The enclosed document is the formal decision regarding the application. You must obtain any other required local, state, and federal permits and approvals. Please feel free to contact me with any questions. Sincerely, Pamela Quinn Zoning Specialist/Zoning Administrator Enc: Formal Decision Cc: Clerk,Town of St.Joseph Jeff Durkee, St. Croix County Highway Dept. Steve Olson,Land&Water Conservation Dept. Sr.CRO/X COUNTY GOVERNMENT CENTER 1101 CARmicHAEL ROAD,HUDSON, Wi 54016 715386,4686 FAX PZPC0.SA 1NT-CR01X.W1.US W W W.CO.SAINTC ROIX.W 1.US • • FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST.CROIX COUNTY,WISCONSIN File: SE87220 Applicant: Christopher Kath,property owner and owner of Willow River Saloon Parcel ID#: 3.29.19.55E30 Complete Application Received: May 2,2011 Hearing Notice Publication: Weeks of June 6 and 13, 2011 Hearing Date: June 23,2011 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all of the testimony and considered the entire record herein,the Board makes the following findings of fact and conclusions of law: 1. The applicant is Christopher Kath,owner of Willow River Saloon. 2. The site is located at 1106 County Highway A in the SE 1/4 of the SE 1/4 and SW 1/4 of the SE 1/4 of Section 3,T29N, R19W,Town of St.Joseph, St.Croix County,Wisconsin. 3. The St. Croix County Board of Adjustment(Board)approved the original special exception permit on June 4, 2007 for the applicant to construct a 4,970 square foot addition onto the backside of an existing bar and restaurant in the Commercial District and to expand and modify the existing parking lot pursuant to Section 17.18(1)of the St. Croix County Zoning Ordinance. 4. The applicant filed an application with the Board for an amendment to Condition#10 of the June 4, 2007 special exception decision in order to allow more than two special events per year to take place on properties owned by the applicant in the Commercial District pursuant to Section 17.18(1)of the St. Croix County Zoning Ordinance. 5. With conditions for continuing to obtain Town of St.Joseph permits required for the applicant to sponsor special outdoor events during the year,providing adequate off-street parking and designated pedestrian crossings, and temporary signs to warn of pedestrian traffic crossing Cty.Rd.A during the events,this request would not violate the spirit or intent of the St. Croix County Zoning Ordinance. 6. With the conditions in Finding#5 above,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. 7. With the conditions in Finding#5 above,this request would not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors. 8. With the conditions in Finding#5 above,this request would meet the purpose stated in Section 17.18.(1)b.to provide sufficient space in appropriate locations for certain commercial and other non-residential uses while affording protection to surrounding properties from excessive noise,traffic, drainage, or other potential nuisance factors. 9. With conditions for shielding light sources so as not to produce glare onto adjacent properties and limiting noise during events on the site,this request would not constitute a nuisance by reason of noise, dust, smoke,odor, or other similar factors. 10. The applicants have no outstanding zoning violations on file with the St. Croix County Planning and Zoning Department and have complied with the terms of their current special exception. 11. The Town of St.Joseph Town Board has not yet submitted recommendations with regard to the proposed amendment. 0 0 12. The St. Croix County Land and Water Conservation Department has submitted no comments for the Board's consideration. 13. The St. Croix County Highway Department has submitted no comments for the Board's consideration. 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 amendment request for Condition#10,as amended: Condition#10: Special outdoor events(includes small gathering permits and extension of premise permits issued by the Town of St.Joseph) shall be limited to one-day duration, ending by 4:00 p.m. excluding cleanup, and no more than five (5)per year. The applicant shall also be responsible for notifying the St. Croix County Sheriff's Department prior to any special outdoor event. The applicant shall continue the practice of employing at least one off-duty law enforcement officer at each special outdoor event. During such special outdoor events,parking may not be on grassed areas,but may be on paved or gravel parking lots. The applicants shall strictly adhere to all other conditions of the Board's June 4,2007 decision. The following vote was taken to approve Condition#10 as amended by the Board: Nelson,yes;McAllister,yes;Hurtgen, yes;Peterson,yes; Chairperson Malick,yes. Motion carried on a unanimous vote. 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�3� �Z � Signed: Pjl/t� Clarence W."Buck"Malick,Chairperson Date Filed: 06/27/11 2 ,1 been submitted for the Board's consideration. The St. Croix County Highway Department was sent a copy of the application, but no comments have been submitted for the Board's consideration. Application #4 — Chris Kath dba Kath Properties LLC FKA GB Curley's — Reconsideration: At the April 28, 2011, meeting, the Board of Adjustment voted to reconsider Condition#6 of the special exception permit it approved for a gas station/convenience store in the Commercial District in the Town of St. Joseph. In addition, the applicant would like the Board to consider modification of the requirement in Condition #4 for a four-foot high berm along the west lot line The Town Board of St. Joseph, on April 7, 2011, approved the extension of premise for Willow River Saloon and Kath Properties for The Willow River Car Club on May 21. 2011: The motion was amended to include the Willow River Saloon will provide signs and put them up on Old Mill Road for No Event Parking and he will continue to work with Law enforcement as he has done so in the past. This action by the Town Board allowed parking of vehicles on the former GB Curley's property across County Road A from the Willow River Saloon. Christopher Kath signed an oath and spoke in favor of this request. But he addressed his concern with the berm and instead would like to obtain a four foot chain link fence to avoid debris blowing outside of lot line. He also was opposed to parking on the grass if the grass would be too wet. He also stated that these events would end at 4:00 p.m. with clean up and tear down immediately after. Currently, he has two events that were shared with the former GB Curleys. Any additional events would be fundraisers or charitable events which would vary each year. Kath also explained that Extension of Premise would be for his property at 1106 County Road A, only. Don Kadidlo signed an oath and spoke in opposition to Kath's request. His concerns were for private residents and for the safety of the people on County Road A. It's a heavily traveled, substandard road and can be very dangerous. The road is just two lanes and when you add additional parking and lots of people, there is a potential for accidents. He is also concerned that more events would take up too much of the summer weekends for private residents and says the agreement was to expand the bar and restaurant, and not make the Willow River Saloon into an event center. Kadidlo is not opposed to all events, but he would like a sign on Old Mill Road addressing the parking. Kath stated that a permanent sign prohibiting non-residential parking is in place. Judy Kadidlo signed an oath and spoke in opposition of Kath's request. She felt that many events, like the motorcycle events, go past the 4:00 p.m. deadline. She was also concerned about parking on grassy areas and referenced older stormwater plans. Kath responded with the fact that the motorcycle events are not sponsored by his business. He also mentioned that in the past he has hired an off duty police officer and guards to help people cross Highway A, and that not all events would be held on both sides of road. 2 BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES June 23,2011 CALL TO ORDER: The meeting was called to order by Chairperson Clarence "Buck" Malick at 8:30 a.m. ROLL CALL—Members Present: Joe Hurtgen, David Peterson, Sue Nelson and Jerry McAllister. STAFF PRESENT: Dave Fodroczi, Planning & Zoning Director; Kevin Grabau, Code Administrator; Alex Blackburn, Zoning Specialist; Pam Quinn, Zoning Specialist; Steve Olson, St. Croix County Land and Water Conservation Department and Bonita Clum, Recorder. Staff confirmed to the Board that this was a properly noticed meeting. DATE OF NEXT MEETING: The next meeting for the Board is scheduled for Thursday, July 28, 2011, at 8:30 a.m. in the County Board Room of the Government Center in Hudson. UNFINISHED BUSINESS Derivative Developments - Tabled 1/27/11: Grabau stated that he spoke with a business partner late Wednesday, June 22, 2011. The business partners and attorney planned to attend the meeting, but they are not present at this time. The Board will hold this item until later in the day to see if they show up. Robert and Margaret Allison Variance and After—the-Fact Variance - Tabled 5- 26/11: Quinn gave the board her proposal and findings. Margaret Allison signed an oath and spoke in favor. She read a letter from her husband requesting a door from the interior would be more practical, noting that a door from only the outside would be a hardship in the winter months. The hearing was closed at 8:43 a.m. McMillan "Memorandum decision and order" Discussion: The procedure to deal with the judges ruling was discussed. Motion by Hurtgen, 2nd by Peterson to suspend rules so the Board can decide whether to reconsider. Motion carried unanimously. Malick then asked if there was a motion to decide whether to reconsider its decision when applicant is ready. Motion by Nelson, 2nd by McAllister. Motion carried unanimously. PUBLIC HEARINGS Application#1 -Christopher Kath dba Kath Properties LLC at Willow River Saloon: Staff presented the application and staff report. The Town Board of St. Joseph approved the extension of premise permits for the Willow River Saloon to sponsor the car club exhibit and a dog show during their April 7,2011 meeting. The Town Board was sent a copy of the application,which was included on the agenda for their June 2, 2011 meeting; however no recommendations have been submitted as of June 16, 2011. The St. Croix County Land and Water Conservation Department was sent a copy of the application, but no comments have The Board reconvened at 1:25 p.m. DECISIONS After reviewing the material in the record,the Board rendered the following decisions: Derivative Developments: No one representing Derivative Developments was present to testify or represent the request. One last call to speak to the application was given by Malick and no one answered. Short discussion concerning the application. Malick asked staff if anyone had checked to see if there was camping on the site. Grabau stated that a violation letter was sent to Derivative Developments. The site was checked and there was no camping on the site of violation. Motion by McAllister, 2nd by Peterson to deny the special exception request. Motion carried unanimously. Robert and Margaret Allison Variance and After-the-Fact Variance: Motion by McAllister, 2nd by Peterson to accept the withdrawal of the variance request and to approve the addendum after-the-fact variance as amended by the board based on the following findings of facts and conclusions of law: 1. The applicants are Robert &Maggie Allison, property owners. 2. The site is located at Part of Gov't Lot 1, Section 24, T28N,R20W, including lot 43 of St. Croix Cove Subd. #3, Town of Troy, St. Croix County, WI. 3. The Town of Troy Town Board has been sent a copy of the application on April 6, 2011 and a copy of the staff report on May 20, 2011, but has not yet submitted recommendations regarding these requests for the Board of Adjustment's consideration. 4. The St. Croix County Land and Water Conservation Department reviewed the application and the LWCD does not object to the request since the proposed expansion will not create any additional impervious coverage to the site. In addition,the site appears to be very stable and well screened from the river. 5. Mike Wenholz, Regional Shoreland Specialist for the Wisconsin Department of Natural Resources reviewed the application and provided comments in a letter dated May 24, 2011. The letter was added as "Exhibit 9"during the May 26, 2011 public hearing. In paragraph two, Mr. Wenholz commented that"While the proposed expansion may be under the existing roof, it remains an expansion of the livable area of a nonconforming principal structure"that appears would increase the footprint area to greater than 2000 square feet, which is not allowed. Paragraph three of the letter includes a statement that the deck is a nonconforming accessory structure that can be maintained and repaired, but not reconstructed. Mr. Wenholz went on to say"It is true that ingress and egress is required for existing entrances to the principal structure. This does not necessitate allowing the full deck to be reconstructed. Ingress and egress can very adequately and safely be accomplished with a reasonable landing and stairs." Mr. Wenholz was 4 • McAllister suggested we wait to hear from the Highway Department and the Sheriff before closing the hearing. The Board recessed for a break at 10:05 a.m. The Board reconvened at 10:15 a.m. Application #2 - Greg Jensen, Stable Hands Ranch. Special Exception: Application withdrawn by applicant. Application#3—Jonathan and Mary Wood Special Exception: Staff presented the application and staff report. A copy of the application was mailed to the Town Board of Troy on May 4, 2011, but no comments or recommendations in regard to the County applications have been submitted with regard to the applicants' requests. The St Croix County Land and Water Conservation Department has reviewed the Jonathan and Mary Wood special exception permit application and completed a site visit. The LWCD finds the proposed stormwater management and erosion control measures adequate for the site and consistent with Chapter 17.36. However, the LWCD does not support any expansion of the structure. The Wisconsin Department of Natural Resources has reviewed the application, but comments were not submitted in time for the staff report mailing on June 16, 2011. The Board questioned why a stairway is needed, there is no hardship and there currently is a way from the garage to the cabin and subsequently to the water. Todd Zwiefelhofer, agent for the application, signed an oath and spoke in favor of the request. Because the current structure is set back 50 feet from the bluffline, the proposed structure is clearly outside of the 40 ft restriction. The slope is greater than 12% and in winter the driveway is slippery. The stairs would provide another access to the cabin. Chair Malick would like it on record that he has done legal work for Elliott Architect in the past. Chair Malick is not currently associated with Elliott Architect, and does not feel that there is a conflict of interest in his participation in this decision. Dr. John Magraw, a long time neighbor to the north, signed an oath and spoke in favor of the request. He is mainly concerned that the lot line is adhered to. He also mentioned that he is impressed with the work that has been done to assure that things are done right. Thomas Magraw signed an oath and spoke in favor of the request, and wanted to make the Board aware that this is very steep terrain. Chair Malick closed the hearing at 11:40 a.m MINUTES Motion by Peterson, 2nd by Hurtgen to make the suggested change by Malick to the May 26, 2011, minutes. Motion carried unanimously. The Board recessed at 11:40am. 3 (g) Private on-site wastewater treatment systems are brought into compliance with the requirements of the St. Croix County Sanitary Ordinance. (h) The foundation of the structure may not be replaced, improved or structurally altered,unless all of the following standards are met: i. It is being done in conjunction with the reconstruction of the structure; ii. It is entirely located more than 50 feet from the OHWM, and iii. It is not located in a slope preservation zone. (i) No filling and grading activities are allowed during the alteration or reconstruction, except for the minimum necessary to accomplish the alteration or reconstruction in compliance with other provisions of this subchapter, and as needed to upgrade a private on-site wastewater treatment system,to replace sewer or water laterals, or to install storm water or erosion control measures. 0) If the structure is located in a slope preservation zone, it may be reconstructed on the existing foundation only if WDNR storm water technical standards applicable to steeper sloped areas are implemented to control erosion. 10. On May 10, 2010 the Private On-site Wastewater Treatment System(POWTS) was serviced by a licensed septic pumper, inspected for its compliance with sanitary code, and was not found to be in need of repair or replacement at this time. This satisfies item(g) in the list of requirements for Section 17.36.I.2.d.1). 11. It appears that this request does not require a variance. The application for a variance may be withdrawn with a condition that the proposed structural alteration may not commence until a land use permit has been issued by the Zoning Administrator. Item #2 (variance for reconstruction of a nonconforming accessory structure (deck) in the Lower St. Croix Riverway District) 12. The applicants filed an addendum application with the Board of Adjustment for an after-the-fact variance to reconstruct a nonconforming accessory structure (deck)within the bluffline setback area in the Lower St. Croix Riverway district pursuant to Section 17.36.I.3.b of the St. Croix County Zoning Ordinance. The deck is attached to a legal, nonconforming principle structure that was constructed prior to adoption of a county Riverway ordinance in 1976 and meets the intent of the ordinance in that: • The reconstructed deck will be smaller in area than the original one • The structure is not located in a slope preservation zone; • No vegetation will be harmed during reconstruction; • The public interest would not be harmed by granting the variance; • The deck will be inconspicuous from the river; • Property values will not be negatively affected. 6 unable to perform a site inspection for this application prior to submitting comments. 6. Neighboring property owners, Greg and Sheila Paul, submitted a letter of support on May 25, 2011 that was added as "Exhibit 10" during the May 26, 2011 public hearing. The Pauls have no objection to the variance request and stated that they have not been negatively impacted by work done on the Allison property. Item #1 (variance for expansion of a nonconforming principal structure in the Lower St. Croix Riverway District) Staff offers the following general findings of fact and conclusions of law pertinent to Item#1 for the Board's consideration: 7. The applicants submitted an application to the St. Croix County Board of Adjustment for expansion of a legal nonconforming principal structure in the Lower St. Croix Riverway Overlay District pursuant to Section 17.36.I.2 of the St. Croix County Zoning Ordinance. 8. Based upon testimony during the public hearing and subsequent deliberations by the Board, it was determined that the proposed enclosure of an existing storage area is not an expansion of the principal structure. The storage area lies within the foundation footprint as defined in Section 17.09(78) of the county ordinance. The addition of a wall, but no insulation, and door that allows access from inside and outside the house will be a structural alteration, which is allowed with a land use permit per Section 17.36.I.2.c. 9. The proposed wall and door enclosure will meet the following requirements listed in Section 17.36.I.2.d.1): (a) The lot has an area of at least 7,000 square feet. (b) The altered or reconstructed structure will be visually inconspicuous or will be rendered so through mitigation per § 17.36.I.5. (c) The structure is altered or reconstructed in the same footprint as the pre-existing structure. (d) The reconstructed structure may not be any taller than the pre-existing nonconforming structure, except that a flat roof may be replaced with a pitched roof, and may not be taller than allowed per § 17.36.G.4. (e) The color of the structure complies with § 17.36.11.1. (f) The property owner submits a mitigation plan per § 17.36.I.5. i. If a permit is issued for the reconstruction, the mitigation plan shall be approved, or modified and approved, by the Zoning Administrator. ii. The mitigation plan shall be incorporated into the permit and the property owner shall be required to implement the mitigation plan as a permit condition. 5 • • With the following conditions: 1. The variance request will allow the applicants to complete repairs of a nonconforming accessory structure (deck) on the property in accordance with the plans submitted on April 4, 2011, and as provided in the conditions below. This approval does not include any additional structures, impervious coverage, filling and grading, or other activities. 2. The applicants shall secure all necessary permits and approvals from the Town of Troy and obtain any other required local, state, or federal permits and approvals including,but not limited to, a land use permit for construction of the storage area enclosure. 3. As indicated in the plans submitted by the applicant,the proposed projects will be visually inconspicuous, will comply with requirements for earth-tone building materials, will not expand the existing footprint of the original structure, and will not require removal of existing mature trees that currently screen the house from the river. The applicants shall provide documentation that the construction has been completed in compliance with all applicable building codes. 4. Any minor change or addition to the project, including but not limited to design of the project, 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 variance approval process. 5. The applicant shall have one (1)year from the approval of the variance(s)to obtain the above permits and local, state, or federal approvals for the project. Failure to comply with the conditions of this approval within the timeframes stipulated shall be grounds for revocation. 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 applicants and all property owners have read, understand, and agree to all conditions of this decision. Motion carried unanimously. Christopher Kath dba Kath Properties LLC at Willow River Saloon Special Exception: Motion by Peterson, 2nd by Hurtgen to approve Condition#10 as amended by the Board based on the following findings of facts and conclusions of law: 1. The applicant is Christopher Kath, owner of Willow River Saloon. 8 i 13. The house and attached deck are legal nonconforming structures that were originally constructed within the 40-foot bluffline setback prior to adoption of the County Riverway ordinance. Literal enforcement of the ordinance prohibiting the reconstruction of a nonconforming accessory structure (except garages or sheds) would limit the applicant's continued use of the deck as a safe, structurally-sound platform for ingress and egress from multiple existing sliding glass doorways on the main floor of the house above the walkout elevation . 14. Based upon testimony during the May 26, 2011 public hearing and subsequent deliberations by the Board, it was determined that the work previously done on the deck may qualify to be considered as necessary maintenance and repair of an accessory structure,which is allowed per Section 17.36.I.3.a. In Chapter NR 118.08(3) ordinary maintenance and repair of nonconforming accessory structures is allowed. The existing 37-year old deck has been reduced in size/area compared to its original dimensions based upon evidence submitted by the applicant. The applicant's work on the deck was halted in 2009, but more work is needed to bring it into compliance with requirements in Comm 2 1.10 of Wisconsin Dept. of Commerce Chapter Comm 21 Construction Standards for safe handrails, footings, frost protection, decay prevention, and structural support/attachment to the principal structure. 15. Bringing the deck into compliance with requirements in Comm 21.225 may result in a violation of prohibitions contained in NR 118.08(3) and Section 17.3 6.1.3.b of the St. Croix County Riverway ordinance regarding reconstruction of nonconforming accessory structures. With conditions for obtaining a building permit and having the work inspected for compliance with current UDC deck construction requirements, completion of the deck will meet the spirit and intent of the ordinance for being visually inconspicuous and will not harm the public interest or neighboring properties. 16. The applicants are of the opinion that substantial justice would be done by allowing them to complete repair work on the deck so that it can be safely used as a nonconforming accessory structure, which is allowed in the Lower St. Croix Riverway District. The deck is attached to the main floor elevation of the legal nonconforming principal structure, which has multiple sliding glass doorways that open onto it for ingress/egress from the house. The applicant would suffer a hardship since the deck in its current condition is not safe for private or public use. 17. The applicants are requesting minimal relief from the standards in the Ordinance. Based on measurements and photos submitted by the applicant's architect, the proposed deck dimensions will reduce the surface area as compared to the original deck and move its edge further away from the bluffline. The deck will continue to provide a stable, non-erosive surface for outdoor activities, which protects existing vegetation within the bluffline setback and prevents potential erosion of soils in the slope preservation zone. 7 12. The St. Croix County Land and Water Conservation Department has submitted no comments for the Board's consideration. 13. The St. Croix County Highway Department has submitted no comments for the Board's consideration. With the following conditions: Condition #10: Special outdoor events(includes small gathering permits and extension of premise permits issued by the Town of St. Joseph) shall be limited to one-day duration, ending by 4:00 p.m. excluding cleanup,and no more than five (5)per year. The applicant shall also be responsible for notifying the St. Croix County Sheriff s Department prior to any special outdoor event. The applicant shall continue the practice of employing at least one off-duty law enforcement officer at each special outdoor event. During such special outdoor events,parking may not be on grassed areas,but may be on paved or gravel parking lots. The applicants shall strictly adhere to all other conditions of the Board's June 4, 2007 decision. Motion carried unanimously. Chris Kath dba Kath Properties LLC FKA GB Curley's —Reconsideration: Motion by Nelson, 2nd by McAllister to approve the reconsideration as amended by the Board based on the following findings of facts and conclusions of law: The applicant shall strictly adhere to all other conditions of the Board's March 24, 2011, decision as worded. 1. The applicant is Christopher Kath, dba Kath Properties LLC,property owner. 2. The site is located at 1103 County Highway A, in SW 1/4 of the SE 1/4 of Section 3 and NW 1/4 of the NE 1/4 of Section 10, all in T29N, R1 9W, Town of St. Joseph, St. Croix County, Wisconsin. 3. On March 24, 2011,the Board of Adjustment(Board) approved a special exception permit to allow the applicant to remodel GB Curley's restaurant for a gas station/convenience store in the Commercial District pursuant to Section 17.18 of the St. Croix County Zoning Ordinance. The applicant requests reconsideration of Conditions#4 and#6 of the Board's approval. 4. At its regularly scheduled meeting on April 28, 2011,the BOA heard and voted to approve a request for reconsideration of conditions contained in its decision to approve a special exception permit request. The request for reconsideration was submitted by the applicants pursuant to Article VIII, Section 6 of the St. Croix County Rules and By-Laws Governing the St. Croix County Board of Adjustment. The BOA scheduled a hearing for reconsideration on June 23, 2011 10 i 2. The site is located at 1106 County Highway A in the SE 1/4 of the SE 1/a and SW'/4 of the SE %4 of Section 3,T29N,RI 9W, Town of St. Joseph, St. Croix County, Wisconsin. 3. The St. Croix County Board of Adjustment(Board)approved the original special exception permit on June 4, 2007 for the applicant to construct a 4,970 square foot addition onto the backside of an existing bar and restaurant in the Commercial District and to expand and modify the existing parking lot pursuant to Section 17.18(1) of the St. Croix County Zoning Ordinance. 4. The applicant filed an application with the Board for an amendment to Condition #10 of the June 4,2007 special exception decision in order to allow more than two special events per year to take place on properties owned by the applicant in the Commercial District pursuant to Section 17.18(1)of the St. Croix County Zoning Ordinance. 5. With conditions for continuing to obtain Town of St.Joseph permits required for the applicant to sponsor special outdoor events during the year,providing adequate off- street parking and designated pedestrian crossings, and temporary signs to warn of pedestrian traffic crossing Cty. Rd.A during the events,this request would not violate the spirit or intent of the St. Croix County Zoning Ordinance. 6. With the conditions in Finding#5 above,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. 7. With the conditions in Finding#5 above,this request would not constitute a nuisance by reason of noise,dust, smoke,odor or other similar factors. 8. With the conditions in Finding#5 above,this request would meet the purpose stated in Section 17.18.(1)b.to provide sufficient space in appropriate locations for certain commercial and other non-residential uses while affording protection to surrounding properties from excessive noise,traffic, drainage,or other potential nuisance factors. 9. With conditions for shielding light sources so as not to produce glare onto adjacent properties and limiting noise during events on the site,this request would not constitute a nuisance by reason of noise, dust, smoke,odor, or other similar factors. 10. The applicants have no outstanding zoning violations on file with the St. Croix County Planning and Zoning Department and have complied with the terms of their current special exception. 11. The Town of St. Joseph Town Board has not yet submitted recommendations with regard to the proposed amendment. 9 9. With the revisions outlined in Findings#5 and#6 above,this request would not constitute a nuisance by reason of noise, dust, smoke, odor, or similar factors. With the following revisions to conditions#4 and#6: Condition #4: Prior to commencing construction, the applicant shall submit to and have approved by the Zoning Administrator the following items: • A landscaping plan that includes 6-foot chainlink fence with earth-tone plastic inserts along the west property line and maintenance of existing vegetation along the west and south property lines to fully screen and buffer adjacent residential properties from noise and any outside activities. This change from the original condition for landscaping will only apply if the Town approves. Condition #6: Parking shall be limited to asphalt paved surfaces only. Temporary barriers shall be erected to assure that vehicles use legal driveways for ingress/egress from the property and do not park on grassed areas. Motion carried unanimously. Jonathan and Mary Wood Special Exception: Motion by Hurtgen, 2nd by Nelson to approve as amended with deletion of#2, (request for stairway) based on the following findings of facts and conclusions of law: 1. The applicants are Jonathan and Mary Wood,property owners. Acting as their agent is Elliott Architects, who designed the house, stairway, and collaborated with Auth Consulting to develop the site plans and construction drawings for the project. 2. The site is located at 206 North Ilwaco Rd. in part of Gov't Lot 1, Section 36, T28N, R20W in the Town of Troy, St. Croix County, WI. 3. The Town of Troy Town Board has not yet submitted comments or recommendations regarding the applicant's requests. 4. The St. Croix County Land and Water Conservation Department Conservation has reviewed the Jonathan and Mary Wood special exception permit application and completed a site visit. The LWCD finds the proposed stormwater management and erosion control measures adequate for the site and consistent with Chapter 17.36. However,the LWCD does not support any expansion of the structure. 5. The Wisconsin Department of Natural Resources staff has reviewed the application, but comments were not submitted as of June 16, 2011. A letter from Mike Wenholz, dated June 16, 2011, was received as an e-mail attachment and submitted for the Board's consideration during the hearing as Exhibit 5. 12 so that it could be heard in conjunction with an amendment request for the Willow River Saloon, which is also owned by the applicant. 5. Regarding Condition#4,the applicant has submitted the $5000 compliance deposit and recorded an affidavit for the proposed stormwater control structures as required,but would like to substitute the requirement for a four-foot high berm to a fence along the west property line and eliminate additional tree/shrub plantings along the south property line. The approved grading plan(Sheet CIA) indicated the location of existing trees and vegetation as well as a drainage swale that will be created to intercept stormwater runoff. The applicant's agent stated that a berm may be detrimental to existing trees, some of which would have to be removed during construction of the berm. Based on site visits by zoning staff and photos taken during leaf-on conditions (Exhibit 7),the requirement for additional trees and vegetation does not appear to be necessary to shield adjacent properties. Condition#4 requirements were included in response to recommendations from the Town of St. Joseph,who also recommended that the applicant"Make every effort to preserve the existing trees. Vegetation plan includes berm along the property line, a fence to shield, and include vegetation along fence or berm". A fence along the western property line would have minimal impact on existing trees, would not interfere with construction of stormwater drainage features, and would meet the intent for screening between existing uses and the new gas station/convenience store. 6. Regarding Condition#6, the applicant would like additional wording that would allow parking of vehicles on open, grassed portions of the gas station/convenience store property during occasional permitted special events, such as the annual Chicken and Corn Feed or Classic Car Show. Event parking would be limited to one-day occurrences and vehicles would not be allowed to access and/or damage grassed areas where stormwater structures or Private On-site Wastewater Treatment System (POWTS) components are located. In a letter addressed to the Board requesting reconsideration,the applicant made the distinction between special events parking and the potential use of asphalt paved areas for occasional overflow parking for Willow River Saloon patrons. 7. With the revisions outlined in Findings#5 and#6 above, this request would meet the spirit and intent of the St. Croix County Zoning Ordinance and would not negatively affect the character of the area as compared to its previous use as a restaurant/bar. 8. With the revisions outlined in Findings#5 and#6 above,this request would not be contrary to the public health, safety, and general welfare of the residents within the vicinity, or be substantially adverse to property values in the neighborhood affected. 11 existing corrugated plastic foundation drain and direct all runoff from the proposed structure and impervious surfaces to allow infiltration of the first 1.5 inches of rainfall, the request will meet the mitigation requirements contained in Section 17.36.I.5. Item #2 (Special exception permit for construction of a stairway in the Lower St. Croix Riverway District): 11. According to the application plans,the stairway would not be consistent with Section 17.36 J.2.b.2)a)j) Terrestrial and aquatic habitat would be impacted due to soil or vegetation disturbance. Item#3 (Special exception permit for construction of a structural erosion control in the Lower St. Croix Riverway District): 12. The applicants propose to replace and extend an existing retaining wall to provide stability along the toe of the slope preservation zone and prevent erosion. Retaining walls are generally considered to be structural erosion control measures,which are allowed in the slope preservation zone with a special exception permit. Pervious pavers will replace impervious brick to infiltrate runoff,yet provide a stable, non-erosive surface for vehicles to access the tuck- under garage. Standards in Section 17.36.H.4.b will be met in that structural erosion control measures will be constructed of natural materials will be made visually inconspicuous and a detailed construction plan, erosion and sediment control plan, and landscape/mitigation plan has been submitted. 13. With a condition that an affidavit be recorded that describes the stormwater management and maintenance of structural erosion control measures and a copy of the affidavit be submitted to the Zoning Administrator,the request will meet requirements in Section 17.36.H.4.c. 14. The applicants' requests would not be contrary to the public interest,which is to prevent soil erosion, maintain property values, and preserve and maintain the exceptional scenic, cultural, and natural characteristics of the water and related land of the Lower St. Croix Riverway. With conditions to redirect existing foundation drain discharge away from the ravine slopes and infiltrating runoff from impervious surfaces,to install erosion and sediment control measures prior to commencing the reconstruction/expansion of the dwelling,to protect existing trees within the OHWM setback to maintain slope stability, and to plant trees and/or shrubs as indicated in the mitigation plan,the exceptional scenic, cultural, and natural characteristics of the Riverway would be preserved and maintained. With the following conditions: 1. The special exception will allow the applicants to reconstruct and expand an existing nonconforming principal structure and to install structural erosion control measures (retaining wall and pervious pavers) on the property in accordance with the plans submitted on May 2, 2011 and as provided in the conditions below. 14 Additional comments were received in an e-mail dated 6/21/11 and submitted at the hearing as Exhibit 6. 6. The applicants submitted an application to the St. Croix County Board of Adjustment for a special exception permit for reconstruction and expansion of a legal nonconforming principal structure, installation of a stone stairway, and construction of a retaining wall and pervious pavers (structural erosion control) in the Lower St. Croix Riverway Overlay District pursuant to Sections 17.36.I.2.d. and 2.e. and subject to the performance standards in Sections 17.36.H.4 and H.12 of the St. Croix County Zoning Ordinance. Item #1 (Special exception for reconstruction and expansion of a nonconforming principal structure in the Lower St. Croix Riverway District): 7. The proposed reconstruction meets the requirements listed in Section 17.36.I.2.d. except that it will be taller than the pre-existing nonconforming structure. However, its proposed height of 34' 8" complies with Section 17.36.G.4. 8. The proposed expansion meets requirements listed in 17.36.I.2.e: • The lot is 1.25 acres, which is greater than 7,000 sq. ft. in area; • The structure is greater than 75 feet from the OHWM and not within a slope preservation zone as defined in the ordinance; • The proposed reconstructed/expanded structure will be visually inconspicuous due to existing trees and vegetative screening on the riverward side and the heavily wooded slope behind the dwelling; • The expansion will remain within the footprint of the existing cabin and its attached deck; • The total footprint of the structure would not exceed 1,500 sq. ft. • Expansion will be upward,parallel to the OHWM, and landward and meet the 25 ft. minimum setback from exterior lot lines as required in Section 17.36.G.5.3). • A Stormwater management and landscape plan was prepared by a professional engineer(sheet C5.0)to comply with requirements for mitigation per Section 17.36.I.5. 9. Existing holding tanks were approved and installed during June 1984 after obtaining a sanitary permit from the county. A new soil evaluation report has identified a compliant tested area for additional wastewater treatment. The applicants have submitted a land use permit application in preparation for obtaining a sanitary permit to install a POWTS for the expanded cabin. 10. The location of the principal structure is immediately adjacent to a steep slope that faces north along a ravine. This area does not meet the definition of a slope preservation zone per Section 17.09 (208),which is a riverward facing slope,thus does not require a 40-foot setback from the point where slopes become greater than 12%on the north side of the structure. With a condition to remove an 13 0 0 10. Accepting this decision means that the applicants and all property owners have read, understand, and agree to all conditions of this decision. Motion carried unanimously. NEW BUSINESS Annual Election of Officers Fodroczi opened the floor for nominations. Hurtgen nominated Malick as Chairperson, 2nd by Nelson.No one else was nominated. Motion to close by McAllister. Malick was elected chair. Nelson nominated McAllister for Vice Chairperson, 2nd by Peterson. Motion to close by Malick. McAllister was elected vice chair. McAllister nominated Nelson for Secretary, 2nd by Hurtgen. Motion to close by Malick. Nelson was elected for secretary. Chair Malick adjourned the meeting at 3:15 p.m. Respectfully submitted, Sue Nelson, Secretary Bonita Clum, Recording Secretary June 23, 2011 16 This approval does not include any additional structures or the proposed stairway and deck walkway, impervious coverage, filling and grading, or other activities. 2. The applicants shall secure all necessary permits and approvals from the Town of Troy and obtain any other required local, state, or federal permits and approvals. 3. Prior to commencing construction,the applicants or their agents shall schedule a pre-construction meeting to review conditions and make sure erosion and sediment control measures will be installed as indicated in approved plans. 4. As indicated in the plans submitted by the applicant, the proposed project will be visually inconspicuous, will comply with requirements for earth-tone building materials, and will not require removal of existing mature trees that screen the house from the river. 5. The applicants will direct runoff from impervious surfaces and footing drains away from the riverward slopes into approved pervious pavers and protect existing trees along the OHWM to maintain slope stability and visual screening. 6. Upon approval by the County,the applicant shall record an affidavit against the property referencing the stormwater management plan, including a long-term maintenance agreement for runoff infiltration structures. The applicant shall submit a recorded copy of the affidavit to the Zoning Administrator at this time. The intent is to make future owners aware of the limitations and responsibilities incurred as part of the Board of Adjustment's decision 7. Any minor change or addition to the project, including but not limited to design of the project, 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 variance approval process. 8. The applicant shall have one (1)year from the approval of this special exception to obtain the above permits and local, state, or federal approvals for the project. Failure to comply with the conditions of this approval within the timeframes stipulated shall be grounds for revocation. If the special exception permit is revoked, the applicant will be required to secure a new special exception. 9. 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 Parcel #: 030-1011-40-050 is is 06/15/2011 11:32 AM PAGE 1 OF 1 Alt. Parcel#: 03.29.19.55E-30 030-TOWN OF SAINT JOSEPH Current ❑ ST. CROIX COUNTY, WISCONSIN Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units 05/29/2007 00 0 Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner CHRISTOPHER A KATH 0- KATH, CHRISTOPHER A 1106 CTY RD A HUDSON WI 54016 Districts: SC = School SP=Special Property Address(es): '=Primary Type Dist# Description *1106 CTY RD A SC 2611 SCH DIST OF HUDSON SP 1700 WITC Legal Description: Acres: 3.398 Plat: 5443-CSM 22-5443 030-2007 SEC 3 T29N R19W PT SW SE&PT SE SE CSM Block/Condo Bldg: LOT 01 22-5443 LOT 1 Tract(s): (Sec-Twn-Rng 401/4 1601/4) 03-29N-19W SW SE 03-29N-19W SE SE Notes: Parcel History: Date Doc# Vol/Page Type 08/25/2009 902648 AFF 08/29/2007 859523 22/5443 CSM 05/10/2007 850289 WD 06/04/2001 647134 1651/356 WD more... 2011 SUMMARY Bill#: Fair Market Value: Assessed with: 0 Valuations: Last Changed: 05/01/2009 Description Class Acres Land Improve Total State Reason COMMERCIAL G2 3.400 169,800 348,100 517,900 NO Totals for 2011: General Property 3.400 169,800 348,100 517,900 Woodland 0.000 0 0 Totals for 2010: General Property 3.400 169,800 348,100 517,900 Woodland 0.000 0 0 Lottery Credit: Claim Count: 0 Certification Date: Batch#: Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 • RECEIVED SEP 1 12007 859523 H. 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