HomeMy WebLinkAbout030-1011-40-050(2) l
ST4 CO
AA & UNT
PLANNING & ZONING
June 4, 2007 File Ref: SEM07
Christopher Kath
1 106 Countv Road A
Hudson WI 54016
Zy' Re: St. Croix County Special Exception Request
Code Administrati parcel #s: 3.29.19.55M 3.29.19.56A, 3.29.19.55E Town of St. Joseph
715-386-4680 p
Land Information .;? Dear Mr. Kath:
Planning
715-386-4674,_<_m. The St. Croix County Board of Adjustment (Board) has reviewed your special exception
Real Pricy request to expand an existing bar and restaurant, the Willow River Saloon, in the
715 " -4677 Conunercial District in the Town of St. Joseph. After the hearing on May 24, 2007, the
Board voted to approve the application with conditions. The enclosed document is the
R cog formal decision regarding the application.
5-386-4675
Your must obtain any other required local, state, and federal permits and approvals.
Please feel free to contact me with any questions.
Sincerely,
n
Jennifer Shillcox
Land Use Specialist/Zoning Administrator
Ene: Decision
•FfyS,V
Cc: Clerk, Town of St. Joseph
Steve Olson, St. Croix Count Land and Water Conservation De artment
>` Y p
Jeff Durkee
, St. Croix County Highway Department
Nil
µ
ST.CROIX COUNTY GOVERNMENT CENTER
1 101 CARM/CHAEL ROAD,HUDSON, W7 .54016 7153864686 FAX
PZ000.SAINT-CROIX.WI.US kV W.CO.SAINT-CRQIX.'M.US
Parcel #: 030-1012-20-000 09/02/20P AGE E 1 AM
P 1 OF 1
Alt. Parcel#: 03.29.19.55M 030-TOWN OF SAINT JOSEPH
Current 17] ST. CROIX COUNTY,WISCONSIN
Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units
08/29/2007 00 0
Tax Address: Owner(s): 0=Current Owner, C=Current Co-Owner
O-KATH, CHRISTOPHER
CHRISTOPHER KATH
568 WHITE OAK LA
HUDSON WI 54016
Property Address(es): *=Primary
* 1106CTYRDA
Districts: SC=School SP=Special
Type Dist# Description
SC 2611 SCH DIST OF HUDSON
SP 1700 WITC Notes:
RETIRED FOR 2008. CSM 22-5443 COMBINED
030-1012-20(55M)&030-1013-20(56A)&
2008 NEW SPLIT TO CREATE 030-1011-40-050
(55E-30) USING EXISTING NUMBER ALREADY
Legal Description: Acres: 0.000 CREATED FOR SPLIT WITH NEW CSM
more...
SEC 3 T29N R19W PT SW SE COM N LN HWY
A"33 FT W OF E LN,TH N 154 FT,TH W Parcel History:
377 FT, S TO N LN HWY TH ELY ALG HWY TO Date Doc# Vol/Page Type
POB RESTAURANT 04/17/2001 643006 1619/626 WD
03/27/2001 641388 1608/221 WD
07/23/1997 870/43
07/23/1997 568/314
more...
Plat: *=Primary Tract: (S-T-R 40%1601/.GL) Block/Condo Bldg:
*N/A-NOT AVAILABLE 03-29N-19W
2007 SUMMARY Bill M Fair Market Value: Assessed with:
219456 299,700
Valuations: Last Changed: 07/07/2004
Description Class Acres Land Improve Total State Reason
COMMERCIAL G2 0.000 83,900 178,300 262,200 NO
Totals for 2007:
General Property 0.000 83,900 178,300 262,2000
Woodland 0.000 0
Totals for 2006:
General Property 0.000 83,900 178,300 262,2000
Woodland 0.000 0
Lottery Credit: Claim Count: 0 Certification Date: Batch M
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Cha 0 00
Total 0.00 0.00
FINDINGS, CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY,WISCONSIN
File: SE0107
Applicants: Christopher Kath, Willow River Saloon,property owner
Parcel ID#s: 3.29.19.55M, 3.29.19.56A, and 3.29.19.55E
Complete Application Received: December 4, 2006, original application received
April 2, 2007, amended plans and supplemental information received
Hearing Notice Publication: Weeks of May 7 and 14, 2007
Hearing Date: May 24, 2007
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 applicant is Christopher Kath,property owner and owner of Willow River Saloon.
2. The site is located at 1106 County Highway A in the SW '/4 of the SE '/4 of Section 3, T29N, R19W,Town of St.
Joseph, St. Croix County, Wisconsin.
3. The applicant filed with the Planning and Zoning Department an application for a special exception permit to
expand an existing bar/restaurant in the Commercial District pursuant to Section 17.18(1) of the St. Croix County
Zoning Ordinance.
4. The proposed expansion will not violate the spirit and intent of the St. Croix County Zoning Ordinance or the
Commercial District, which the property is currently zoned. The current restaurant and bar have existed in their
present state for 14 years, and the structure has been used as a restaurant,bar, and inn dating back approximately
100 years. The proposed addition will not change the use of the structure or the site, nor will it change the
character of the neighborhood. Burkhardt is a small commercial center that features a mix of high-density
residential and commercial uses, including a gas station to the west and another bar and restaurant to the south.
5. Six neighboring property owners have submitted letters and voiced concerns regarding the potential for well
contamination from the sanitary system, increased noise during business hours, surface water runoff, visibility,
and insufficient off-street parking for vehicles, including motorcycles that tend to be parked on the right-of-way
of County Highway A.
6. The applicant replaced the sanitary system for the existing structure in 2006 and plans to install a new sanitary
system for the proposed addition.
7. With conditions for adequately managing storm water runoff on site, modifying the parking lot to provide
sufficient off-street parking outside of the right-of-way setback area and safe ingress and egress, and providing
landscaping and vegetative screening, this request would not negatively impact the health. satiety, or welfare of
the public, nor would it be substantially adverse to property values for nearby residences or businesses. Storn1
water runoff is not currently managed on the site, and the existing parking lot encroaches within the right-of-way
and required setback from County Highway A and has no marked entrance or exit. Over the last six years, the St.
Croix County Highway Department has documented two traffic accidents involving vehicles pulling out of the
parking lot, and four traffic accidents involving deer, school buses, and people braking in the immediate vicinity
of the site. The proposed modifications to the parking lot will reduce the amount of storm water runoff off-site,
improve traffic and pedestrian safety along this stretch of the highway, and bring the current parking situation into
compliance with the Ordinance by removing all parking from the right-of-way and required setback area and by
providing clearly defined ingress and egress points. sufficient paved off-street parking stalls, and a barrier
between the parking lot and County Highway A.
providing
'shielding light sources so as not to produce glare onto adacent properties, ro
8. With conditions for shie g g p g _I p g
screening from adjacent residential properties, and limiting noise on the site, this request would not constitute a
nuisance by reason of noise, dust, smoke, odor,or other similar factors.
9. The applicants have no zoning violations on file with the St. Croix County Planning and Zoning Department and
have complied with the terms of their past variance approval and rezoning.
10. With conditions for paving all driving and parking surfaces and providing vegetative screening of the site,the
standards would be met to grant the special exception permit for the proposed bar and restaurant addition and
parking modifications pursuant to Section l 7.18(1)(a-f)of the St. Croix County Zoning Ordinance.
1 1. The proposed addition would meet several goals and objectives of the St. Croix County Development
Management Plan including locating commercial development where suitable conditions exist and promoting the
growth of existing businesses.
12. With the proposed 103 parking stalls for patrons of the bar and restaurant and six additional parking stalls for the
rental apartments and with a condition requiring that all parking stalls be located outside of the right-of-way and
right-of-way setback,the applicant will provide sufficient off-street parking to accommodate all existing and
proposed uses on the site pursuant to Sections 17.57(2)and(9)of the St. Croix County Zoning Ordinance.
13. During the hearing on May 24, 2007,the applicant testified that two special outdoor events are planned per year,
and that overflow parking would be on the grass area east of the proposed parking lot.
14. During the hearing on May 24, 2007, the applicant testified that the two sheds and junk pile on the lot to the east
would be removed prior to construction, and that the house on the lot would be used to train emergency personnel
and then removed within two years. He also indicated that the well would be abandoned in accordance with
proper procedures.
15. No additional signage is currently proposed for the site.
16. The Town of St. Joseph has recommended approval of this request with conditions for requiring a double-row of
silt fence during construction, addressing storm water management issues, addressing a better way for traffic to
move in and out of the parking area, prohibiting parking in front of the street-side door, and removing the existing
house on the recently acquired parcel to the east in two years after use as a training site for police and firefighters.
17. The St. Croix County Land and Water Conservation Department does not support approval of the request until the
applicant submits a complete storm water management plan detailing how runoff from the parking lot will be
captured and routed to the infiltration area. The applicant is currently working with the department to address
these issues.
18. The St. Croix County Highway Department does not approve of the proposed site plan due to discrepancies in the
width of the right-of-way adjacent to the property and the lack of landscaping or a barrier arrangement between
the parking lot and County Highway A. The applicant is currently working with the department to address these
issues.
19. The St. Croix County Parks Department recommends that future extension of the existing signed bike trail another
quarter mile along the shoulder ofCountN Highway A through Burkhardt be considered as part ofthe site design
for the project.
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DECISION
On the basis of the above Findings of Fact, Conclusions of Law,and the record herein,the Board approved the special
exception request, with the following conditions:
1. This special exception permit allows 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 as
indicated in the plans submitted and as provided in the conditions below. Approval for this special exception
permit does not include any additional uses, structures, or other activities.
2. Prior to commencing construction,the applicant shall be responsible for securing all other necessary local, state,
and federal permits and approvals, including but not limited to any other required permits and licenses from the
Wisconsin Department of Commerce and driveway permits from the St. Croix County Highway Department.
3. Prior to commencing construction,the applicant shall submit to and have approved by the Zoning Administrator
the following items:
• A revised parking plan showing the appropriate width of the right-of-way adjacent to the property, a
minimum of 109 off-street parking stalls outside of the right-of-way for the bar and restaurant and residential
apartments, and a barrier between the parking lot and County Highway A as recommended by the St. Croix
County Highway Department. The barrier shall be a traffic-restricting barrier of a permanent nature and of
approximately three feet in height so as not to restrict visibility. The barrier shall extend along the entire
length of the south property line, except for breaks for two driveways, to deter motorcycles and other vehicles
from parking in the shoulder of the highway. The placement of the barrier and the two driveways shall be
approved by the St. Croix County Highway Department and should account for the safety of pedestrians and
bicyclists using this stretch of the highway.
• A landscaping plan to include a berm of 10 feet in width, two feet in height, with six foot evergreen trees
planted on it to achieve 80 percent opacity at maturity along the north property line in order to screen the
proposed addition and parking lot from adjacent residential properties. The plan should also show a
landscaped buffer of trees to achieve 40 percent opacity along the west property line. The plan should include
the species, size, and location of all trees, shrubs, and groundcover to be planted on the site, as well as a
timeline for the plantings and a tibaiet
dint
40ii;rpaintainod:`Upon complaint by neighboring property owners and review by the Zoning Administrator,
the applicant may be required to provide a landscaped buffer along the east property line.
• A,b in watgk raanagptnaii't.plraa', detailing how runoff from the roof and parking lot wi Il be captured and
routed to the infiltration areas, along with calculations as recommended by the St. Croix County Land and
Water Conservation Department. As part of the plan,the applicant shall provide a maintenance and
monitoring agreement to ensure that the three proposed storm water ponds are maintained for storm water
infiltration purposes. This agreement, along with a site plan showing the location of all drainage areas and the
storm water ponds, shall be referenced in a davit that is recorded against thct O
Prop "The applicant shall
submit a recorded copy of these documents to the Zoning Administrator at this tirfie:"The intent is to make
present and future owners aware of the responsibilities and limitations associated with infiltration area. and to
ensure that the storm water ponds are regularly monitored so that it functions properly.
• A surety in the form of a compliance deposit in good funds in the amount of$5,000 be held by the Zoning
Administrator until the parking lot, paving, landscaping, and storm water management measures have been
completed and approved to be in compliance with the conditions of this permit and all applicable provisions
of the Ordinance, at which time the deposit will be refunded in full.
4. Prior to commencing construction,the applicant shall remove the two sheds and junk pile on the lot to the east.
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5. Within 30 days of this approval,the applicant shall submit a recorded copy of the Certified Survey Map(CSM)
combining all three parcels into one lot to the Zoning Administrator.
6. Within 30 days of substantially completing construction and all related paving and landscaping,the applicant
shall submit to the Zoning Administrator photos of the site and certification from the project engineer or architect
that the building addition, paved parking and driving surfaces, landscaping, and storm water management
measures have been constructed and installed as approved.
Ok-
7. Within one year of this approval, the applicant shall remove the house and abandon the well on the lot to the east
in accordance with proper procedures. The applicant shall provide the Zoning Administrator witl 4
this has been co14 •
8. Within one year of this approval,the applicant shall pave the new parking lot in its entirety and install the barrier
along the south property line(see Condition#18 below). >" 171 hill a.txttimu
parking signs ialn �
9. Regular hours of operation shall not extend beyond 10:00 AM —2:00 AM.
10. Special outdoor events shall be limited to no more than two per year, unless prior approval is obtained from the
Zoning Administrator for additional events. The applicant shall also be responsible for notifying the St. Croix
County Sheriff's Department prior to any special outdoor event. During such special outdoor events, overflow
parking may be on the grass area to the east of the proposed parking lot.
11. No signs are approved as part of this permit. Any future signage shall require prior review and approval by the
Zoning Administrator pending the new County sign regulations currently being developed.
12. Any future lighting associated with the business must be downward directed and shielded away from neighboring
properties to prevent glare and shall have prior approval by the Zoning Administrator. 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(see Condition #13 below).
13. Th ns `Plltisttsive rye out `
buitdtrig. Upon complaints of regularly occurring, excessively loud noise at any time, the applicant shall work
with the Zoning Administrator to abate the noise problem. In the event that the matter cannot be resolved
administratively, the applicant shall take the matter before the Board of Adjustment at a public hearing.
,. 14. All buildings and property shall be maintained in a neat and orderly manner, with no outside storage.
Li
15. The applicant shall contact the Zoning Administrator to review this special exception permit in two vears from the
approval date (May 2009)for compliance with the conditions of this approval.
16. These conditions may be amended or additional conditions may be added to address complaints or unanticipated
circumstances that would affect the health, safety, or general welfare of citizens or degrade the natural resources
of St. Croix County. Conditions will not be amended or added without notice to the applicant and opportunity for
a hearing.
17. Any change in ownership or management shall require prior notification to the Zoning Administrator. Any change
in the use of the property; change in the building or facilities; or changes to the approved project details—
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including but not limited to structures, landscaping, signs, lights, parking, or lot/access changes—shall require
prior review and approval by the Zoning Administrator to ensure that all Ordinance requirements are met. The
Zoning Administrator may determine that special exception approval is necessary.
18. The applicant shall have one (I)year from the approval of this special exception permit to substantially complete
the construction and all related paving and landscaping. The new sanitary system, parking lot, ingress/egress
points, and parking lot barriers must be installed prior to the opening of the new addition. Failure to comply
within this timeframe shall result in expiration and/or revocation 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.
19. 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; Struemke,yes; Chairperson Malick, yes. Luckey and McAllister
were not present.
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:
Date Filed: 06/04/07 Clarence W. Malick,Ch p s
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the lots combined. Feist is willing to work with the County and the Town to iron out the
issues of the lot combining. Mr. Vivian asked for reconsideration of the revocation.
They are in need of more time to work with financing the project. If there is no
reconsideration of the revocation,the court order will stand.
No one testified in opposition to the reconsideration.
_Aaplication#2• Henry Nechville—Special Exception Renewal
The applicant requested to renew a special exception permit to continue to operate an
existing sand and gravel pit and concrete recycling site in the Town of Warren. The
applicant currently operates the pit under a special exception permit that was initially
approved by the Board of Adjustment on March 22, 1992 and was last renewed on
January 25, 2001.
Staff presented the application and the staff report. The Town of Warren recommended
approval of this request in 2006. The Town was sent a copy of the application for
renewal in April 2007,but the Town Board did not revisit the application. St. Croix Land
and Water Conservation Department reviewed the application and found the$5,400/acre
reclamation estimate from the applicant to be adequate, and recommended using an
updated DOT seed mix as part of the reclamation plan. The St. Croix County Highway
Department reviewed the application and recommended approval. Wisconsin
Department of Natural Resources was sent a copy of the application for review but did
not submit comments. In 2004, the Department reissued the WPDES General Permit to
address storm water and process related wastewater discharge.
Henry Nechville, owner and operator, signed an oath and spoke in favor of the request.
He would like to continue his sand and gravel business as he has done in the past. The
process of recycling the concrete will be done when the ground is not frozen and when
there is enough volume to bring in the crushing company to complete.
No one testified in opposition to the application.
Application#3 Khue Yang—Special Exception Amendment
Two years ago, the Board of Adjustment approved a special exception permit for a major
home occupation that allowed the applicant to make traditional Hmong wine, a distilled
spirit, in a pole barn on his property in the Ag Residential District in the Town of Warren.
The applicant has not yet started production of wine on the property and is in the process
of meeting all applicable local, state, and federal codes and regulations. The applicant is
requesting to amend the special exception permit in order to use his existing property in
the Town of Warren for testing and new product development, with a limited amount of
production. Specifically, the applicant is requesting to amend Condition#12 to increase
the level of production at this site from 1,000 liters per month to 3,600 liters per month.
The applicant will also produce approximately 500 pounds of moisturizing conditioner
per month from the by-products, which will be stored in plastic buckets and distributed
wholesale or shipped off-site for bottling.
Staff presented the application and the staff report. The Town Board of Warren
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BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
May 24,2007
The meeting was called to order by Chairperson Buck Malick at 8:35 a.m. A roll call
was made. Chairperson Buck Malick, Linda Luckey, Sue Nelson and Chuck Struemke
were present. Jerry McAllister was absent. Staff included: Jenny Shillcox,Zoning
Specialist; David Fodroczi, Planning and Zoning Director; Kevin Grabau, Code
Administrator; and Becky Eggen, Recorder.
Staff confirmed to the Board that this was a properly advertised meeting.
The next meeting for the Board is scheduled for Thursday, June 28, 2007 at 8:30 a.m. in
the County Board Room of the Government Center in Hudson.
The hearing was opened by Chairperson Malick. Testimony was taken and recorded by
Laurel S. Dean, court reporter from Q &A Court Reporters.
Unfinished Business—Micabren Acres LLC Special Exception Revocation
On October 26, 2006, the Board of Adjustment approved two special exception permits
allowing the applicant to operate a horse boarding, training, and breeding facility and to
exceed one animal unit per acre. On March 23, 2007, the Board of Adjustment held a
public hearing to consider revoking both permits due to the applicant's failure to comply
with the conditions of the permits. At the hearing, the Board voted to revoke the permit
for exceeding one animal unit per acre and voted to table its decision on the permit for
the horse facility for two months to allow the applicant additional time to meet the
outstanding conditions related to that permit. The Board identified specific actions to be
taken and documentation to be provided by the applicant within this two-month
timeframe to satisfy those conditions.
Nick Vivian, attorney representing Micabren Acres, LLC, signed an oath and spoke in
favor of the request. Michael Feist and business partner, Mr. Shultz have invested
millions of dollars on this project and would really like to see the permits happen and
work. The manure has been cleaned up with the exception of a few stalls that were at the
end of their cycle and are due to be cleaned out. Mr. Feist is the only employee at this
time. There are plans to hire employees as the project is completed. There is an
agreement with River Falls Waste Company as of August 1, 2007 to haul the manure off
site in dumpsters and Feist has manure rights on the neighboring 450 acres to spread. Mr.
Vivian does not believe the equestrian facility is a nuisance to the site. Mr. Feist is
willing to comply with weekly or monthly site visits or weekly reports submitted by Feist
with pictures. All the conditions are contingent on finding financing. The original
financing fell through and they have now obtained CFIC Home Mortgage that has found
a bank on the East Coast interested in financing the horse facility. Once the financing has
come through, conditions of the special exception permit should be met. Mr. Vivian
talked with Warren Bader, Richmond Town Chairman; Bader had provided a letter that
the town was opposed to combining Lots 18, 19, and 20 because the lots support the
density restrictions for the Riding Meadows Development. Mr. Vivian is not concerned
about combining the lots. If the lots have to be combined, Mr. Feist will be sure to have
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No one testified in favor or in opposition.
Application#5• Michael and Sandra Kohler and Gre2ory and Nicole Helland/
LaCasse Development, Inc.—Special Exception
The applicants requested a special exception permit for grading and filling an area
exceeding 10,000 square feet in the Shoreland District of Furger's Pond in order to
construct a town road and storm water facilities for a proposed 13-lot major land division,
Pond's Edge, on 64 acres in the Ag Residential District in the Town of St. Joseph.
County staff is currently reviewing the preliminary plat for Pond's Edge for compliance
with the standards in the St. Croix County Land Division Ordinance.
Staff presented the application and the staff report. The St. Joseph Town Board
recommended approval of the special exception request, and the Planning Commission
and Town Board were in the process of reviewing the preliminary plat for Pond's Edge.
Land and Water Conservation Department reviewed the plans and found the storm water
and erosion control plans to be incomplete. They recommended that the applicant
provide verifications of the current OHWM from the Wisconsin Department of Natural
Resources, additional site evaluation to ensure no impacts will occur on Furger's Pond, a
wetland delineation report,detailed information on the proposed conservation easement,
and soil borings for each storm water feature. It was further recommended that the storm
water management plan be re-evaluated with the storm water features located outside of
the floodplain boundary, and that all of these issues be addressed by the applicant prior to
the Board granting approval. St. Croix County Highway Department reviewed the
application and verified the issues relating to County highway access and right-of-way
disturbance have been addressed through the land division review process, and that the
technical review of road plans and construction inspection are the responsibility of the
Town of St. Joseph. Wisconsin Department of Natural Resources reviewed the
Department's files regarding the OHWM of Furger's Pond. They did not submit a
recommendation for the Board's consideration, and are working with the Land and Water
Conservation Department. The applicants were meeting with the Wisconsin Department
of Natural Resources on Monday, May 21, 2007 to determine the accuracy of the current
OHWM elevation and address other issues of concern.
Doug Zahler, S &N Land Surveying, signed an oath and spoke in favor of the request.
Doug concurred with the staff to have the decision of this application tabled, due to the
OHWM and the project going back to re-design.
No one testified in opposition.
Application #6• Christopher Kath/Willow River Saloon—Special Exception
The applicant requested a special exception permit to expand an existing bar and
restaurant, the Willow River Saloon, in the Commercial District in Burkhardt in the
Town of St. Joseph. Specifically, the applicant proposes to construct a 4,970 square foot
addition onto the existing bar and restaurant.
Staff presented the application and the staff report. The Town of St. Joseph
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recommended approval of the request provided all local, state, and federal regulations
and fire codes are met. St. Croix Land and Water Conservation Department had no
comments on the request. The Alcohol, Tobacco, Tax, and Trade Bureau informed staff
that the applicant had not been issued a basic permit under the Federal Alcohol
Administration Act(FAA) and had not qualified to engage in operations as a distiller,
warehouser, or processor of distilled spirits on the site since it can only be conducted on
the bonded premises of distilled spirits plant per 26 USC(IRC). The applicant's agent
had informed staff that he had recently applied for the basic permit, TTB F 5100.24, and
that he will be applying for the distilled spirits bond TTB F 5110.56, which will satisfy
both of these requirements. St. Croix County Economic Development Corporation
(EDC) confirmed that the applicant's agent has been researching sites for the large-scale
production of distilled spirits in the New Richmond Business and Technical Park, and
that the site in the Town of Warren will be used for limited production and new product
development. Wisconsin Department of Revenue was not required to review this matter,
but liquor tax permits and manufacturing and bottling permits are necessary. Wisconsin
Department of Transportation reviewed the plans and had no comments.
Kurt Nejezchleba signed an oath and spoke in favor of the application. The barn size is
less than 1,000 square feet. All of the major production of the Hmong wine will be done
at the New Richmond facility. Only Sara and Khue Yang have access to the property in
Warren Township. Very minor production will take place there. The main concern is the
storage of the wine which is three months. The only grey water will be in the rice
cooking area. All of the rice by-products will be used as a hand moisturizer that will go
to spas. The moisturizer is much known in the Hmong community. Water will be
delivered by a truck about once a month. Every six weeks uncooked rice and yeast will
be delivered. Every two weeks distilled wine will be hauled off the premises.
No one testified in opposition.
The board recessed at 10:10 a.m. The Board reconvened at 10:25 a.m.
Application #4: Town of Emerald—Special Exception
The Town of Emerald requested a special exception permit to construct a new town hall
and shop in the Ag Residential District. The new building will be constructed on a 3-acre
lot located on County Highway G approximately a quarter of a mile to the east of the
existing town hall in the central part of the Town of Emerald.
Staff presented the application and the staff report. St. Croix County Land and Water
Conservation Department reviewed the plans and found the proposed storm water ponds
to be more than adequate for the proposed construction and recommended that the depth
of the ponds be reduced from three to two feet to be consistent with the infiltration basin
standard and alleviate safety concerns with ponds deeper than two feet. They also
recommended providing adequate, self-sustaining vegetation for immediate site stability
and to pre-treat and filter sediments from storm water before reaching the ponds, and
recording an operation and maintenance plan for the retention ponds against the property.
St. Croix County Highway Department supports the new town hall location and has
already issued the driveway permit to allow access to the new site.
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and there is a children's playground nearby. The parking lot drains to the north; the
ground is sandy and the water runs under the main road and Don's driveway. Mr.
Kadidlo would like to see trees for a buffer on the North boundary by the mound system
to help with the noise levels.
Judy Kadidlo, adjoining property owner, signed an oath and spoke in regard to the
request. She had some concerns with the water run off. She would like to see rain
gardens; it will help the attractiveness of the property. She would also like to see
screening on the North boundary to screen noise and to know where the property line is.
The Board recessed at Noon for lunch.
The Board reconvened at 1:10 p.m.
_Application#7• Daniel Thompson, GP Ventures,Inc.—Saecial Exception
The applicants request a special exception permit to convert a portion of an existing
liquor store, B & L Liquor, to a bar and restaurant in the Commercial District in Houlton
in the Town of St. Joseph. In 2003, the Board of Adjustment approved a special
exception permit for the property owner to construct a new— 11,000 square foot building
for the liquor store, a variance for the building to encroach 50 feet within the 100-foot
road right-of-way setback from State Highway 35, and a variance to the parking
requirements to allow as few as 28 parking stalls. The setback requirements have since
been reduced and the existing structure complies with current road setback standards.
Staff presented the application and the staff report. The Town of St. Joseph
recommended approval of the request with conditions that the County Highway
Department approves the parking plan that has been presented to the town and addresses
the need for"no parking" signs on Highways 35 and E, and that ingress and egress be one
way in and one way out of the parking lot. St. Croix County Land and Water
Conservation Department reviewed the plans and recommended that the applicants
maintain the storm water retention area. It was also recommended that if any change
occurs to the site in the future that would affect the flow of storm water, modifications
should be made to the retention area accordingly. St. Croix County Highway Department
reviewed the revised parking plans and the Town of St. Joseph's recommendations
regarding those plans. They concur with staff calculations for required parking stalls and
have determined that the existing 34 parking stalls with an average width of 9.5 feet to 10
feet should be adequate for both the existing liquor store and the proposed bar and
restaurant. They do not recommend re-striping the parking lot at this time if the two
businesses agree to share the parking area. They also found the current paved entrances
into the parking lot are wide enough for two-way traffic and they did not recommend
special one-way ingress and egress. They verified that the Department would be willing
to install parking signs along Highways 35 and E only if there is a documented problem
and the town makes a request for the signs. Wisconsin Department of Transportation
reviewed the plans and had no comments for the Board's consideration.
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recommended approval of the request with conditions for requiring a double-row of silt
fence during construction, and addressing storm water management issues, addressing a
better way for traffic to move in and out of the parking area,prohibiting parking in front
of the street-side door, and removing the existing house on the recently acquired parcel to
the east in two years after it is used for a training site for police and firefighters. St.
Croix County Land and Water Conservation Department reviewed the plans and did not
support approval of the request until the applicant submits a complete storm water
management plan detailing how runoff from the parking lot will be captured and routed
to the infiltration area. The applicant has been working with the department to address
these concerns. St. Croix County Highway Department reviewed the plans and does not
approve of the proposed site plan due to discrepancies in the width of the right-of-way
adjacent to the property and the lack of landscaping or a barrier arrangement between the
parking lot and County Highway A. The applicant has met with the department and is
working to address these issues. St. Croix County Parks Department reviewed the plans
as part of the rezoning request and recommended that future extension of the existing
signed bike trail another quarter mile along the shoulder of County Highway A through
Burkhardt be considered as part of the site design for the project. Staff confirmed with
the department that it currently has no plan or timeline for any trail improvements along
this stretch of Highway A; however they felt it important that the Board of Adjustment
address the issue with the applicant to ensure that the proposed expansion doesn't make
future trail expansion more difficult, and to explore opportunities for cooperation in
making future trail improvements.
Christopher Kath signed an oath and spoke in favor of the request. There are no plans to
use the well that was used for the house. The old house is going to be used for SWAT
Team training. When the training is done the town fire department will use it as a
training facility and burn the house down. Mr. Kath is not opposed to having No Parking
signs on the front of the building since motorcycles are the only vehicles that park there.
Mr. Kath had no objections to putting signs up inside the saloon in regard to helping with
noise control. He would like to delay paving the parking lot until all construction is
complete; he does not want to tear up newly paved parking lot with heavy equipment for
the construction. He was not required to apply for a new liquor license. The License is
not based on the number of patrons. He has a Class B license which allows for on and off
sales. There are still plans to have two outdoor events a year; with the proposed parking
lot there will still be overflow parking on the grassy areas for these events.
Doug Zahler, S &N Land Surveying, signed an oath and spoke in favor of this request.
He stated that there are no records of ROW of County Highway A. He suggested a split
rail fence to define the road and the parking lot.
No one testified in opposition.
Don Kadidlo, adjoining property owner, signed an oath and spoke in regard to the
request. He has owned 17 acres north of the saloon for 40 years. The land is mostly
wooded; it is a unique piece of the Willow River County Environmental Corridor. Mr.
Kadidlo does not speak in opposition to the request but has concerns regarding the
younger community in the area with small children, since the road is only 33 feet wide
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2008. The majority of the deck already exists; the proposed deck is a walk-way to the
lake and from the lake to the proposed addition. The siding will be more of a natural
color to fade into the greenery that is already present.
Suzanne Brown Silverman signed an oath and spoke in favor of the request. There are
six property owners who take care of 143d Avenue. The unique situation for this
location is the road setback, OHWM, configuration of the shoreline, very old structure
that needs repair and maintenance to reduce the limited use it has currently.
Wayne Branum, Sala Architects, signed an oath and spoke in favor of the request. There
will be no living area within the raised roof area. Living space is behind the lake setback.
The existing roof is sagging and needs to be replaced with a new structurally sound and
energy efficient roof. Mr. Branum believes it is all about the perception of where the
addition is being built. Closer to the lake the building looks taller, closer to the road the
building looks shorter due to the berm and closer to the lakeside the steps will be steeper
to the deck.
No one testified in opposition.
_Application#9 Randall and Linda Paul Reconsideration
At last month's meeting, the Board of Adjustment voted to reconsider Condition#1 of
the special exception permit approved on March 23, 2007 for a major home occupation to
sell live bait in the Ag Residential District in the Town of Hammond. As currently
worded, Condition#1 restricts the applicants to selling only earthworms,waxies, leeches,
and minnows and their by-products raised on the site. It does not allow for the sale of
any products not raised on the site, other than containers and scoops. The applicants
requested to be able to purchase up to six different species of minnows,two different
sizes of leeches, and additional worms and/or waxies as needed to supplement those
raised on site in the event that the vermiculture operation is not immediately successful.
Linda Paul signed an oath and spoke in favor of the request. She had talked to the DNR
and no permits are needed to raise minnows. The pond on her property is considered a
recreational pond. They are raising Fat Head minnows in their pond to help maintain the
current state of the pond. Only one species of minnows can be raised in their pond due to
the size of it. The pond could totally freeze and not allow for any minnows in the winter
months; which then they would only sell waxies through the winter. They are not putting
in an irrigation system this year,but possibly next year. There are still no plans for any
other signs other than at the driveway, they do not want their business to get that big.
Linda did contact the Department of Commerce and no permits are required for the bait
shop due to the business size.
Roger Thompson, neighbor of Randall and Linda Paul, signed an oath and spoke in favor
of the request. Roger is a farmer and has farmed all around the Paul's property. If there
is an impact of the bait shop it is a positive one. There is nothing negative about the
business. Saving energy and saving fuel are all positive impacts.
Andera Brightbill, daughter and closest neighbor to Randall and Linda Paul, signed an
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Daniel Thompson signed an oath and spoke in favor of the request. He has been
approved for a Class B liquor license from the Town of St. Joseph. Mixed drinks and
beer will be served. The bar restaurant will have a 35—40 people capacity. He does not
foresee a large number of people stopping during the day. There are plans for a light
food service (i.e. sandwiches,pizzas)with take out. There are no plans for outdoor
events.
No one testified in opposition.
Aunlication#8: Suzanne Silverman—Variance
The applicant requested a variance to construct an addition onto an existing
nonconforming principal structure located on two contiguous substandard lots in the
Shoreland District of Bass Lake in the Town of St. Joseph. The existing principal
structure has a foot print of approximately 1,135 square feet and encroaches 25 feet
within the OHWM setback of the lake and 27 feet within the road setback of 143rd
Avenue, a private gravel road on an easement that serves six lots on the lake.
Staff presented the application and the staff report. The Town of St. Joseph
recommended approval of both variance requests based on the hardship being that the
limitations of the site leave only the space to be built upon available for the addition, and
that the addition will not be at a lesser setback than the existing structure. St. Croix Land
and Water Conservation Department reviewed the plans and recommended that the
applicant provide a 35-foot vegetative buffer along the OHWM,provide additional storm
water measures to capture storm water runoff from all impervious coverage on the site,
provide screening of the proposed residence and existing garage, install and maintain silt
fencing around the disturbed area until self-sustaining vegetation is established, and
record an operation and maintenance agreement for the additional storm water
management measures against the property. Wisconsin Department of Natural Resources
reviewed the application and recommended that the applicant decrease the area of the
parking lot by at least the same square footage as the proposed addition, and concurs with
staff that requiring trees and shrubs to be incorporated into the shoreline restoration
project would meet the purpose of the Shoreland District. Bass Lake Rehabilitation
District passed a resolution indicating that they have no objection to the building plan and
the request for the road setback provided that all applicable zoning rules and regulations
are observed. They also support the removal of impervious coverage and the planting of
native trees and vegetation.
Bob Silverman, husband of Suzanne Silverman, signed an oath and spoke in favor of the
request. The property was purchased in 1970. On the portion of the structure outside of
the OHWM setback area, they would like to add one bedroom and expand the deck and
the living quarters on the second floor. On the portion of the structure within the OHWM
setback area, they would like to raise the roof slightly and add insulation, therefore the
reason for the variance. 143rd Avenue is a private road that services six lots. He is
supportive of adding additional landscaping. If they are required to move the location of
the structure they will have to cut down a 27 year old tree that acts as a buffer to the deck.
They are working with a landscape architect on shoreland maintenance. The shed will be
removed when the septic system is being installed, possibly the fall of 2007 or spring of
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7. With conditions restricting mining below the groundwater elevation until a
hydrogeologic report has been submitted and approved, the mining operation
will not be contrary to the public health, safety, or general welfare or be
substantially adverse to property values in the surrounding neighborhood.
According to the operation plan,mining will continue to progress to the east at
a slow rate of 0.2 acres per year. Traffic will not change or increase. No fuel
will be stored on the site. Storm water and other wastewater discharge is being
addressed as part of the WPDES General Permit. The site will be restored to
conditions similar to the surrounding area.
8. With conditions for maintaining a 100-foot buffer around the perimeter of the
mining operation, limiting the hours of operation,requiring noise and dust
abatement, and restricting the storage of fuel on the site, the existing mining
operation will not constitute a nuisance by reason of noise, dust, or other
factor. The mine operation is surrounded by undeveloped agricultural
croplands and is not close to any existing residences. The St. Croix County
Planning and Zoning Department has not received any complaints from
adjacent property owners regarding the existing operation, and the applicant is
not proposing any change in hours or procedures, or expansion to the
operation.
9. With conditions to submit updated timelines for Phases I and 11 of the
operation plan and to maintain a 100-foot buffer around the perimeter of the
mining operation, this request will comply with the provisions of Chapter 14,
the St. Croix County Nonmetallic Mining Ordinance.
10. The Town of Warren recommended approval of the special exception permit
renewal in 2006.
11. The Land and Water Conservation Department approves of the operation and
reclamation plans, finds the financial assurance estimate of$5,400 provided
by the applicant to be adequate, and recommends that an updated DOT seed
mix is used as part of the reclamation.
12. The St. Croix County Highway Department supports approval of this request.
13. The Wisconsin Department of Natural Resources has not submitted a
recommendation on this request.
With the following conditions:
1. This special exception approval allows the existing sand and gravel pit and
concrete recycling site to continue as indicated in the plans submitted and as
provided in the conditions below. Approval does not include any change or
expansion in area or operations. This approval is valid for a period of five years
and expires May 24, 2012, after which time it must be renewed pursuant to
Section 14.3 A.6.a-b of the Nonmetallic Mining Ordinance.
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oath and spoke in favor of the request. She has lived on Pine Lake her entire life and
always fished in Amery because that is where the closest bait shop was. Species of
minnows are very important, especially in the winter months. Live bait is an important
tool for fishing.
No one testified in opposition.
Hearing closed at 3:17 p.m.
The Board recessed for a couple site visits.
The Board reconvened at 8:38 a.m. on Friday, May 25, 2007. Chairperson Buck Malick,
Linda Luckey, Sue Nelson and Chuck Struemke were present. Jerry McAllister was
absent.
DECISIONS
After hearing the testimony and reviewing the material in the record, the Board rendered
the following decisions:
Application#2: Henry Nechville—Special Exception Renewal
Motion by Struemke, second by Nelson, to approve the special exception permit renewal
for an existing non-metallic mining operation in the Town of Warren based on the
following findings and conclusions of law:
1. The applicant is Henry Nechville,property owner and mine operator.
2. The site is located on County Highway TT in the E '/2 of the SW `/ of Section
24, T29N, RI 8W,Town of Warren, St. Croix County, Wisconsin.
3. The applicant has no violations on record with the County and has complied
with the conditions of the special exception permit last approved on January
25, 2001, but does not have a current financial assurance for reclamation on
file with the Planning and Zoning Department.
4. The applicant has complied with annual reporting requirements and has paid
annual nonmetallic mining reclamation fees through 2006.
5. The applicant filed with the Planning and Zoning Department an application
to renew a special exception permit for an existing non-metallic mining
operation pursuant to Section 17.15(6)(g) of the St. Croix County Zoning
Ordinance and subject to the provisions of Section 14.3 A.6.a. of the
Nonmetallic Mining Ordinance.
6. This request does not violate the spirit or general intent of the Ordinance since
nonmetallic mining is a permitted use in the Ag Residential District and is an
industry that contributes to the County's economic well being.
9
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11. Any minor change(or addition)in area or use beyond what is shown in the plans
shall require review and approval by the Zoning Administrator. Major changes,
including but not limited to mining below the groundwater table, shall require the
special exception approval process, as stated in the Ordinance.
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 applicant and all property owners have
read,understand, and agree to all conditions of this decision.
Motion carried unanimously.
Appfication#3 Khue Yang—Special Exception Amendment
Motion by Struemke, second by Luckey,to approve the amendment to Condition#12 of
the special exception permit for a major home occupation approved by the Board of
Adjustment on August 25, 2005 based on the following findings and conclusions of law:
1. The applicant is Khue Yang,property owner.
2. The site is located at 966 Highway 65 in the NE '/ of the NE '/ of Section 15,
T29N,RI 8W, Town of Warren, St. Croix County, WI.
3. On August 25, 2005 The St. Croix County Board of Adjustment approved a
special exception permit for a major home occupation allowing the applicant to
make traditional Hmong wine in the Ag Residential District in the Town of
Warren.
4. To date, the applicant has not started production of traditional Hmong wine, a
distilled spirit, on his property. The applicant is in the process of obtaining all
other required local, state, and federal licenses, permits, and approvals, which
requires that he make improvements to the existing pole barn and the equipment
used to produce wine in order to meet all applicable health, safety, licensing, and
permitting requirements. According to the applicant, the application for the basic
permit from the TTB was submitted on February 26, 2007 and generally takes
nine to 12 months to obtain.
5. The applicant has filed an application with the Board of Adjustment for an
amendment to Condition#12 of the special exception permit to increase the
production of traditional Hmong wine on his property pursuant to Section
17.15(6)(r) and subject to the provisions of Section 17.155 of the St. Croix
County Zoning Ordinance. Specifically, the applicant is requesting to increase
production of wine from 1,000 liters per month to 3,600 liters per month, and to
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2. Within 30 days of this approval,the applicants shall submit to and have approved
by the Zoning Administrator an updated operation plan with accurate timelines
for proposed Phases I and I1.
3. Within 30 days of this approval, the applicant must file with the Zoning
Administrator appropriate financial assurance in an amount not less than$5,400
per acre pursuant to Section 14.7(A)I of the St. Croix County Nonmetallic
Mining Ordinance. Site reclamation shall proceed according to the reclamation
plan.
4. Prior to beginning Phase II and/or any future excavating below the groundwater
elevation, the applicant shall submit to and have approved by the Zoning
Administrator a hydrogeologic report to ensure that mining operations and
reclamation will be conducted in a manner that does not negatively impact
groundwater quality or quantity pursuant to Section 14.2 A.B. of the St. Croix
County Nonmetallic Mining Ordinance.
5. The applicant shall continue to meet the conditions of the January 25, 2001
special exception decision, unless stated otherwise in conditions that are a part of
this approval.
6. The applicant shall continue to adhere to all local, state, and federal rules,
regulations, and permits during the life of the operation.
7. The operators shall continue to abate dust and noise and protect surface and
groundwater in accordance with the plans submitted as part of this application.
Upon complaints of loud noise, the applicant shall be responsible for noise
reduction from mining operations to at or below 60 decibels as measured at all
exterior lot lines throughout the duration of the permit.
8. Hours of operation shall not extend beyond 6:00 AM—6:00 PM Monday-
Saturday. Crushing and concrete/asphalt recycling on site may only occur from
8:00 AM—6:00 PM, Monday through Friday. The applicant may submit a written
request for extended hours to the Zoning Administrator for prior review and
approval.
9. No fuel shall be stored on the site.
10. Upon any change in ownership or operation of the mine, the applicant shall
submit to the Zoning Administrator the name and contact information of the
owner and primary mine operator. The operator shall comply with all of the
general requirements and conditions listed in the nonmetallic mining and
reclamation standards in Chapter 14—Nonmetallic Mining Ordinance(unless
varied per conditions).
I1
the basic permit,TTB F 5100.24, and that he will be applying for the distilled
spirits bond TTB F 5110.56, which will satisfy both of these requirements.
13.The St. Croix County Economic Development Corporation has confirmed that the
applicant's agent has been researching sites for the large-scale production of
distilled spirits in the New Richmond Business and Technical Park, and that the
site in the Town of Warren will be used for limited production and new product
development.
14. The Wisconsin Department of Transportation has reviewed the plans and has no
comments for the Board's consideration.
With the following conditions:
1. This special exception amendment allows the applicant to increase the production
of traditional Hmong wine on the site from 1,000 liters per month as originally
approved by the Board of Adjustment on August 25, 2005 to 3,600 liters per
month, and to produce 500 pounds of moisturizing conditioner per month from
the by-products with no chemicals or added ingredients. This approval also allows
the applicant to make improvements to the pole shed and equipment as necessary
to meet all applicable local, state, and federal rules and regulations. Production
shall only occur in the pole barn in an area not to exceed 1,000 square feet and
shall be limited to new product development, testing, and small-scale production
of wine not to exceed 3,600 liters per month as indicated in the plans submitted
and as provided in the conditions below. Approval of this special exception
permit does not include any additional structures, services,production, operations,
storage,bottling, retail sales, or other activities.
2. Prior to commencing wine production, the applicant shall obtain any other
required local, state, or federal permits, licenses, and approvals, including but not
limited to those required by the Wisconsin Department of Natural Resources;
Wisconsin Department of Commerce; Wisconsin Department of Revenue, and the
Alcohol, Tobacco, Tax, and Trade Bureau.
3. Prior to commencing wine production, the applicant shall implement the
landscaping plan to screen the pole building on all four sides. The plan shall
feature a buffer at least 10 feet in width with six-foot evergreen trees planted on it
to achieve 80 percent opacity at maturity. All trucks must be parked within the
screened area.
4. The applicant shall continue to adhere to all conditions of the Board of
Adjustment's August 25, 2005 special exception decision, unless provided
otherwise in the conditions of this approval.
5. The applicant shall have two (2) years from the approval of this special exception
amendment to commence use of the site for the production of traditional Hmong
wine as approved and to substantially complete the improvements to the building,
14
produce 500 pounds of moisturizing conditioner per month from the by-products
with no chemicals or added ingredients.
6. This request does not violate the spirit or intent of the St. Croix County Zoning
Ordinance in that major home occupations are allowed in the Ag Residential
District, and the proposed operation meets all of the general standards for home
occupations, as well as all of the standards specific to major home occupations.
Granting this request will allow for new product development, testing, and the
limited production of traditional Hmong wine on the site, as well as the
production of moisturizing conditioner from the by-products. According to the
applicant, all bottling and large-scale production will occur off-site.
Improvements will be made to the pole barn and equipment used in wine
production to ensure compliance with all applicable local, state, and federal rules
and regulations. The production process and outward appearance of the pole barn
and property will not change from what was originally approved, and the major
home occupation will continue to be secondary and incidental to the principal use
of the property as the applicant's residence.
7. This request would not be substantially adverse to property values in the
neighborhood. The residential character of the property will be maintained and
enhanced with additional vegetative screening. The proposed major home
occupation will be located within the existing pole barn and will not detract from
the rural character of the surrounding area with conditions that all trucks be
parked within the proposed screened area.
8. This request would not negatively impact the public health, safety or general
welfare. The proposed improvements to the pole barn and equipment will bring
the home occupation into compliance with the state health code and other local,
state, and federal rules and regulations. Daily traffic to and from the site is not
expected to increase or create traffic safety risks.
9. This request does not constitute a nuisance by reason of noise, dust, smoke, odor
or other similar factors as no services or operations will occur outside of the
accessory barn other than deliveries and pick-ups.
10. The Town of Warren has recommended approval of this request, provided all
local, state, and federal regulations and fire codes are met.
11. The St. Croix County Land and Water Conservation Department has no
comments on this request.
12. The Alcohol, Tobacco, Tax, and Trade Bureau has informed staff that the
applicant has not been issued a basic permit under the Federal Alcohol
Administration Act (FAA) and has not qualified to engage in operations as a
distiller, warehouser, or processor of distilled spirits on the site since it can only
be conducted on the bonded premises of a distilled spirits plant per 26 USC
[IRC]. The applicant's agent has informed staff that he has recently applied for
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The Board reconvened at 8:35 a.m. on Tuesday, May 29, 2007. Chairperson Buck
Malick, Chuck Struemke, and Sue Nelson were present. Linda Luckey and Jerry
McAllister were absent.
Motion to revoke special exception permit for the horse boarding,training, and breeding
facility was based on the following findings and conclusions of law:
1. The applicants are Riding Meadows, LLC,property owner; Micabren Acres,
LLC, operator of the proposed horse boarding facility; and Michael Feist,
associated with both.
2. The 40-acre site is located on Lots 18, 19, and 20 of the Riding Meadows North
subdivision in the NW % of the NW t/ of Section 34, T30N, RI 8W, Town of
Richmond, St. Croix County, WI.
3. On October 26, 2006, the St. Croix County Board of Adjustment approved two
special exception permits allowing the applicants to operate a horse boarding,
training, and breeding facility pursuant to Section 17.15(6)(m)of the St. Croix
County Zoning Ordinance and to exceed one animal unit per acre pursuant to
Section 17.15(6)(0) of the St. Croix County Zoning Ordinance.
4. Staff sent letters to the applicant on December 18th and February 15th and had a
meeting with the applicant on January 24th regarding conditions of the Board's
approval that had not been met within the timeframes stipulated. The matter was
placed on the Board's meeting agenda on February 23rd, after which the Board
scheduled a public hearing to consider revoking the special exception permits.
5. On March 23, 2007, the St. Croix County Board of Adjustment voted to revoke
the special exception permit for exceeding one animal unit per acre and voted to
table its decision on the special exception permit for the horse boarding, training,
and breeding facility for two months to allow the applicant additional time to
meet the outstanding conditions related to that permit. The Board identified
specific actions to be taken and documentation to be provided by the applicant
within this two-month timeframe to satisfy Conditions#3 -#9.
6. Regarding Condition#3, the applicant has not submitted a recorded copy of an
affidavit filed with the Register of Deed's office referencing the Board's special
exception decision.
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7. Regarding Condition#4, the applicant has not posted signs in Micabren Acres
and Riding Meadows alerting riders not to trespass on neighboring private
properties to date. According to the applicant's attorney, the applicant has
contracted to have the signs made and posted. On May 23, 2007, the applicant
provided a text version of the proposed signs to staff, and at the hearing on May
24, 2007 the applicant's attorney testified that the signs would be printed on
aluminum on May 24, 2007.
8. Regarding Condition #5, the applicant has not submitted a surety in the form of a
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equipment, and site. Failure to do so within the timeframes stipulated shall result
in expiration of the special exception permit. If the special exception permit
expires within this timeframe,the applicant will be required to secure a new
special exception permit. The applicant may request extensions of up to six
months not to exceed a total of one year from the Zoning Administrator prior to
the expiration of the permit in the event that additional time is needed to secure
other required permits and approvals.
6. Any change in ownership of the property shall require prior notification to the
Zoning Administrator. Any change in the use of the property; change in the
building or facilities; or changes to the approved project details—including but
not limited to increased production of the wine over 3,600 liters per month, hours,
employees, daily traffic, additional structures, signs, lights, tree removal, or
lot/access changes—shall require prior review and approval by the Zoning
Administrator to ensure that all Ordinance requirements are met. The Zoning
Administrator may determine that special exception approval is necessary.
7. The applicant shall be responsible for contacting the Zoning Administrator to
review the special exception permit in two years from the approval date of this
amendment for compliance(May 2009). 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.
8. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
Motion carried unanimously.
The Board recessed for a break at 10:15 a.m.
The Board reconvened at 10:30 a.m.
Unfinished Business—Micabren Acres LLC Special Exception Revocation
Motion by Struemke, second by Nelson to suspend the Board of Adjustment's Rules and
By-Laws, specifically Article VIII, Sections 5 and 6,to reconsider the March 23, 2007
revocation of the special exception permit for exceeding animal units(also referred to as
Item#2).
Motion failed to carry. McAllister was absent.
Motion by Malick, second by Luckey to revoke the special exception permit for the horse
boarding, training, and breeding facility(also referred to as Item #1).
The Board recessed at 12:40 p.m.
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2. The site is located at 1106 County Highway A in the SW '/ of the SE 1/ of Section
3, T29N, RI 9W,Town of St. Joseph, St. Croix County, Wisconsin.
3. The applicant filed with the Planning and Zoning Department an application for a
special exception permit to expand an existing bar/restaurant in the Commercial
District pursuant to Section 17.18(1) of the St. Croix County Zoning Ordinance.
4. The proposed expansion will not violate the spirit and intent of the St. Croix
County Zoning Ordinance or the Commercial District, which the property is
currently zoned. The current restaurant and bar have existed in their present state
for 14 years, and the structure has been used as a restaurant,bar, and inn dating
back approximately 100 years. The proposed addition will not change the use of
the structure or the site, nor will it change the character of the neighborhood.
Burkhardt is a small commercial center that features a mix of high-density
residential and commercial uses, including a gas station to the west and another
bar and restaurant to the south.
5. Six neighboring property owners have submitted letters and voiced concerns
regarding the potential for well contamination from the sanitary system, increased
noise during business hours, surface water runoff, visibility, and insufficient off-
street parking for vehicles, including motorcycles that tend to be parked on the
right-of-way of County Highway A.
6. The applicant replaced the sanitary system for the existing structure in 2006 and
plans to install a new sanitary system for the proposed addition.
7. With conditions for adequately managing storm water runoff on site, modifying
the parking lot to provide sufficient off-street parking outside of the right-of-way
setback area and safe ingress and egress, and providing landscaping and
vegetative screening, 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 or businesses. Storm water runoff is not currently managed
on the site, and the existing parking lot encroaches within the right-of-way and
required setback from County Highway A and has no marked entrance or exit.
Over the last six years, the St. Croix County Highway Department has
documented two traffic accidents involving vehicles pulling out of the parking lot,
and four traffic accidents involving deer, school buses, and people braking in the
immediate vicinity of the site. The proposed modifications to the parking lot will
reduce the amount of storm water runoff off-site, improve traffic and pedestrian
safety along this stretch of the highway, and bring the current parking situation
into compliance with the Ordinance by removing all parking from the right-of-
way and required setback area and by providing clearly defined ingress and egress
points, sufficient paved off-street parking stalls, and a barrier between the parking
lot and County Highway A.
8. With conditions for shielding light sources so as not to produce glare onto
18
compliance deposit in good funds in the amount of$10,000 to be held by the
Zoning Administrator until the project has been completed and approved.At the
hearing on May 24, 2007,the applicant submitted a letter from a loan officer at
CFIC Home Mortgage stating that she is "working on finding financing for
Riding Meadows Development LLC, and Charles Schulz and Michael Feist."
9. Regarding Condition#6,the applicant has not transferred ownership of existing
Lots 18, 19, and 20 from Riding Meadows, LLC to Micabren Acres, LLC. The
applicant has also not combined existing Lots 18, 19, and 20 into one lot to
ensure that all buildings housing animal units meet the required setbacks. On
May 23, 2007,the applicant provided a hand-written letter from several officials
from the Town of Richmond, objecting to the lot combination. At the hearing on
May 24, 2007,the applicant's attorney testified that the applicant would be
willing to combine the lots if he had to. The applicant's attorney also testified
that he thought the Town of Richmond's perception of the required lot
consolidation was that Lots 18, 19, and 20 would be pulled out of the Riding
Meadows Subdivision and would not be used in the calculation for the total area
within the subdivision.
10. Regarding the removal and storage of manure as required by Conditions#6 - #9,
the applicant has completely removed the manure stack and has cleaned the
manure from all barns, cattle yards, and paddocks. At the hearing on May 24,
2007, the applicant submitted the"Micabren Acres Manure Plan" (Exhibit 9)
indicating that manure would be spread on the site until it is time to plow and
reseed the paddocks, which is to occur on August I". After this time, the manure
will be stored and hauled away in dumpsters by River Falls Waste Company.
The plan also indicated that the applicant has rights to haul manure on the
surrounding 450 acres on which he has manure rights. The Board finds this plan
reasonable for 26 animal units
Motion failed to carry. Luckey and McAllister were not present.
While it wasn't formally acted on, it was the consensus of the Board to extend the
deadlines for Conditions#3 -#9 of its original special exception decision until July 1,
2007.
The Board recessed for a break at 10:10 a.m.
The Board reconvened at 10:20 a.m.
Application #6: Christopher Kath/Willow River Saloon—Special Exception
Motion by Struemke, second by Nelson, to approve the special exception request to
expand an existing bar/restaurant based on the following findings of fact and conclusions
of law:
1. The applicant is Christopher Kath, property owner and owner of Willow River
Saloon.
17
management plan detailing how runoff from the parking lot will be captured and
routed to the infiltration area. The applicant is currently working with the
department to address these issues.'
18. The St. Croix County Highway Department does not approve of the proposed site
plan due to discrepancies in the width of the right-of-way adjacent to the property
and the lack of landscaping or a barrier arrangement between the parking lot and
County Highway A. The applicant is currently working with the department to
address these issues.
19. The St. Croix County Parks Department recommends that future extension of the
existing signed bike trail another quarter mile along the shoulder of County
Highway A through Burkhardt be considered as part of the site design for the
project.
With the following conditions:
1. This special exception permit allows 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 as indicated in the
plans submitted and as provided in the conditions below. Approval for this special
exception permit does not include any additional uses, structures, or other
activities.
2. Prior to commencing construction, the applicant shall be responsible for securing
all other necessary local, state, and federal permits and approvals, including but
not limited to any other required permits and licenses from the Wisconsin
Department of Commerce and driveway permits from the St. Croix County
Highway Department.
3. Prior to commencing construction,the applicant shall submit to and have
approved by the Zoning Administrator the following items:
• A revised parking plan showing the appropriate width of the right-of-way
adjacent to the property, a minimum of 109 off-street parking stalls outside of
the right-of-way for the bar and restaurant and residential apartments, and a
barrier between the parking lot and County Highway A as recommended by
the St. Croix County Highway Department. The barrier shall be a traffic-
restricting barrier of a permanent nature and of approximately three feet in
height so as not to restrict visibility. The barrier shall extend along the entire
length of the south property line, except for breaks for two driveways, to deter
motorcycles and other vehicles from parking in the shoulder of the highway.
The placement of the barrier and the two driveways shall be approved by the
St. Croix County Highway Department and should account for the safety of
pedestrians and bicyclists using this stretch of the highway.
• A landscaping plan to include a berm of 10 feet in width, two feet in height,
with six foot evergreen trees planted on it to achieve 80 percent opacity at
maturity along the north property line in order to screen the proposed addition
20
adjacent properties,providing screening from adjacent residential properties, and
limiting noise on the site,this request would not constitute a nuisance by reason
of noise, dust, smoke, odor, or other similar factors.
9. The applicants have no zoning violations on file with the St. Croix County
Planning and Zoning Department and have complied with the terms of their past
variance approval and rezoning.
10. With conditions for paving all driving and parking surfaces and providing
vegetative screening of the site,the standards would be met to grant the special
exception permit for the proposed bar and restaurant addition and parking
modifications pursuant to Section 17.18(1)(a-f) of the St. Croix County Zoning
Ordinance.
11. The proposed addition would meet several goals and objectives of the St. Croix
County Development Management Plan including locating commercial
development where suitable conditions exist and promoting the growth of existing
businesses.
12. With the proposed 103 parking stalls for patrons of the bar and restaurant and six
additional parking stalls for the rental apartments and with a condition requiring
that all parking stalls be located outside of the right-of-way and right-of-way
setback, the applicant will provide sufficient off-street parking to accommodate
all existing and proposed uses on the site pursuant to Sections 17.57(2) and (9)of
the St. Croix County Zoning Ordinance.
13. During the hearing on May 24, 2007, the applicant testified that two special
outdoor events are planned per year, and that overflow parking would be on the
grass area east of the proposed parking lot.
14. During the hearing on May 24, 2007, the applicant testified that the two sheds and
junk pile on the lot to the east would be removed prior to construction, and that
the house on the lot would be used to train emergency personnel and then
removed within two years. He also indicated that the well would be abandoned in
accordance with proper procedures.
15. No additional signage is currently proposed for the site.
16. The Town of St. Joseph has recommended approval of this request with
conditions for requiring a double-row of silt fence during construction, addressing
storm water management issues, addressing a better way for traffic to move in and
out of the parking area, prohibiting parking in front of the street-side door, and
removing the existing house on the recently acquired parcel to the east in two
years after use as a training site for police and firefighters.
17. The St. Croix County Land and Water Conservation Department does not support
approval of the request until the applicant submits a complete storm water
19
4. Prior to commencing construction,the applicant shall remove the two sheds and
junk pile on the lot to the east.
5. Within 30 days of this approval, the applicant shall submit a recorded copy of the
Certified Survey Map (CSM) combining all three parcels into one lot to the
Zoning Administrator.
6. Within 30 days of substantially completing construction and all related paving
and landscaping, the applicant shall submit to the Zoning Administrator photos of
the site and certification from the project engineer or architect that the building
addition,paved parking and driving surfaces, landscaping, and storm water
management measures have been constructed and installed as approved.
7. Within one year of this approval,the applicant shall remove the house and
abandon the well on the lot to the east in accordance with proper procedures. The
applicant shall provide the Zoning Administrator with certification that this has
been completed properly.
8. Within one year of this approval, the applicant shall pave the new parking lot in
its entirety and install the barrier along the south property line(see Condition#18
below). The applicant shall install a minimum of three no-parking signs on the
highway side of the barrier.
9. Regular hours of operation shall not extend beyond 10:00 AM—2:00 AM.
10. Special outdoor events shall be limited to no more than two per year,unless prior
approval is obtained from the Zoning Administrator for additional events. The
applicant shall also be responsible for notifying the St. Croix County Sheriffs
Department prior to any special outdoor event. During such special outdoor
events, overflow parking may be on the grass area to the east of the proposed
parking lot.
11. No signs are approved as part of this permit. Any future signage shall require
prior review and approval by the Zoning Administrator pending the new County
sign regulations currently being developed.
12. Any future lighting associated with the business must be downward directed and
shielded away from neighboring properties to prevent glare and shall have prior
approval by the Zoning Administrator. 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 (see Condition#13 below).
13. The applicant shall post signs on the premises encouraging patrons to avoid
excessive noise outside of the building. Upon complaints of regularly occurring,
excessively loud noise at any time, the applicant shall work with the Zoning
Administrator to abate the noise problem. In the event that the matter cannot be
22
and parking lot from adjacent residential properties. The plan should also
show a landscaped buffer of trees to achieve 40 percent opacity along the west
property line. The plan should include the species, size, and location of all
trees, shrubs, and groundcover to be planted on the site, as well as a timeline
for the plantings and a maintenance agreement to ensure that all vegetation
establishes successfully and is maintained. Upon complaint by neighboring
property owners and review by the Zoning Administrator,the applicant may
be required to provide a landscaped buffer along the east property line.
• A storm water management plan detailing how runoff from the roof and
parking lot will be captured and routed to the infiltration areas, along with
calculations as recommended by the St. Croix County Land and Water
Conservation Department. As part of the plan, the applicant shall provide a
maintenance and monitoring agreement to ensure that the three proposed
storm water ponds are maintained for storm water infiltration purposes. This
agreement, along with a site plan showing the location of all drainage areas
and the storm water ponds, shall be referenced in an affidavit that is recorded
against the property. The applicant shall submit a recorded copy of these
documents to the Zoning Administrator at this time. The intent is to make
present and future owners aware of the responsibilities and limitations
associated with infiltration area, and to ensure that the storm water ponds are
regularly monitored so that it functions properly.
• A surety in the form of a compliance deposit in good funds in the amount of
$5,000 be held by the Zoning Administrator until the parking lot,paving,
landscaping, and storm water management measures have been completed and
approved to be in compliance with the conditions of this permit and all
applicable provisions of the Ordinance, at which time the deposit will be
refunded in full.
21
Board of Adjustment meeting at which the application will be scheduled for decision to
allow the Town of St. Joseph and all other government agencies adequate time for review
and comment,but not later than one year from the date of this letter.
Motion carried unanimously.
Application #5: Michael and Sandra Kohler and Gregory and Nicole Helland /
LaCasse Development. Inc.—Special Exception
Motion by Nelson, second by Struemke, to table the special exception request for filling
and grading in excess of 10,000 square feet in the Shoreland District of Furger's Pond in the
Town of St.Joseph with the following information still needed:
1. Verification of the current Ordinary High Water Mark from the Wisconsin
Department of Natural Resources.
2. Additional site analysis to ensure that no negative impacts will occur to Furger's
Pond.
3. A wetland delineation report.
4. Additional information on the conservation easement.
5. Soils data from soil borings for each proposed storm water feature.
6. Revised plans showing the accurate OHWM as determined by the Wisconsin
Department of Natural Resources and moving the storm water ponds outside of
the floodplain of Furger's Pond.
7. All above-requested information shall be compiled in the format of an
environmental impact statement.
8. All above-requested information and any revised plans shall be submitted to the
Zoning Administrator at least one month prior to the date of the Board of
Adjustment meeting at which this application will be scheduled for decision to
allow all government agencies adequate time for review and comment, not to
exceed one year from the date of this decision.
Motion carried unanimously.
The Board recessed for site visits and lunch at 11:40 a.m.
The Board reconvened at 2:10 p.m.
Application #7: Daniel Thompson, GP Ventures Inc.—Special Exception
Motion by Nelson, second by Malick, to approve the special exception request for a bar
and restaurant in an existing commercial building in the Commercial District in the Town
of St. Joseph based on the following findings of fact and conclusions of law:
1. The applicants are Daniel Thompson, GP Ventures, Inc., and Albert Severson,
property owner.
2. The site is located at 1309 State Highway 35 in the SW '/ of the NE '/ of Section
27, T30N, R20W, Town of St. Joseph St. Croix County, Wisconsin.
24
resolved administratively, the applicant shall take the matter before the Board of
Adjustment at a public hearing.
14.All buildings and property shall be maintained in a neat and orderly manner, with
no outside storage.
15. The applicant shall contact the Zoning Administrator to review this special
exception permit in two years from the approval date (May 2009) for compliance
with the conditions of this approval.
16. These conditions may be amended or additional conditions may be added to
address complaints or unanticipated circumstances that would affect the health,
safety, or general welfare of citizens or degrade the natural resources of St. Croix
County. Conditions will not be amended or added without notice to the applicant
and opportunity for a hearing.
17. Any change in ownership or management shall require prior notification to the
Zoning Administrator. Any change in the use of the property; change in the
building or facilities; or changes to the approved project details — including but
not limited to structures, landscaping, signs, lights, parking, or lot/access changes
— shall require prior review and approval by the Zoning Administrator to ensure
that all Ordinance requirements are met. The Zoning Administrator may
determine that special exception approval is necessary.
18. The applicant shall have one (1) year from the approval of this special exception
permit to substantially complete the construction and all related paving and
landscaping. The new sanitary system, parking lot, ingress/egress points, and
parking lot barriers must be installed prior to the opening of the new addition.
Failure to comply within this timeframe shall result in expiration and/or
revocation 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.
19. Accepting this decision means that the applicant has read, understands, and
agrees to all conditions of this decision.
Motion carried unanimously.
Application #8: Suzanne Silverman—Variance
Motion by Struemke, second by Nelson to table the decision on the variance requests to
construct an addition that encroaches within the road setback of 143`d Avenue and to alter
the roofline of a nonconforming principal structure in the Shoreland District of Bass Lake in
the Town of St. Joseph to allow the applicant time to supplement and amend the
application per their request.
The applicant must submit the supplemental information and amended plans to the
Zoning Administrator at least one month prior to the date of the regularly scheduled
23
Highway E to improve the aesthetics of the site as a gateway to the Houlton area
and future trail corridor, the standards would be met to grant the special exception
permit for the proposed wine bar and coffee shop pursuant to Section 17.18(1)(a-
f)of the St. Croix County Zoning Ordinance.
9. The proposed wine bar and coffee shop would meet several goals and objectives
of the St. Croix County Development Management Plan including locating
commercial development where suitable conditions exist, pursuing quality of life
that will attract and retain quality businesses and employment, promoting the
growth of existing businesses and the development of new businesses in the
County, and diversifying the County's economy.
10. The existing parking lot has 34 off-street painted parking stalls with space for one
additional stall to the north, which will provide sufficient off-street parking to
accommodate both the existing retail liquor store and the proposed bar and
restaurant as required by Section 17.57 of the St. Croix County Zoning
Ordinance. The required off-street parking for 3,590 square feet of retail space for
the liquor store is 18 parking stalls (1 stall/200 square feet), and for 900 square
feet of patron space for a bar or restaurant is an additional 18 parking stalls (1
stall/50 square feet), for a minimum total of 36 off-street parking stalls. Because
peak traffic times and duration of stay will differ for the liquor store and the bar
and restaurant, parking can feasibly be shared without the need for re-striping to
add more stalls.
11. The existing building and parking lot meet current road setbacks from State
Highway 35 and County Highway E pursuant to Section 17.60 of the St. Croix
County Zoning Ordinance.
12. At the hearing, the applicants testified that no special outdoor events are planned.
13. No signage or additional lighting is proposed for the site as part of this
application. St. Croix County is currently under a six-month moratorium that does
not allow new permanent signs to be erected. The moratorium will be over on
July 1, 2007, at which time it is anticipated that the County Board will enact new
County sign regulations. Any signage for the business will have to comply with
the new sign regulations.
14. The Town of St. Joseph recommends approval of this request with conditions that
the County Highway Department approves the parking plan that has been
presented to the town and addresses the need for"no parking" signs on Highways
35 and E, and that ingress and egress to the parking lot be one way in and one
way out.
15. The St. Croix County Land and Water Conservation Department recommends that
the applicants maintain the storm water retention area, and that if any change
occurs to the site in the future that would affect the flow of storm water,
modifications should be made to the retention area accordingly.
26
3. The applicants filed with the Board of Adjustment an application for a special
exception for a bar and restaurant in an existing commercial building in the
Commercial District pursuant to Section 17.18(1) of the St. Croix County Zoning
Ordinance.
4. This request would not violate the spirit and intent of the St. Croix County Zoning
Ordinance. A wine bar and coffee shop is a reasonable use in the Commercial
District,which the property is currently zoned, and would be compatible with
existing adjoining commercial and residential uses in the Houlton area. The site is
a gateway to the Houlton area, located at the intersection of a state and county
highway and adjacent to the state bridge that connects Minnesota and Wisconsin.
A trail system is planned for this area in the future when the bridge is re-routed
and the highway is downgraded,which will also bring people to the area and
make the site accessible via other modes of transportation. A wine bar and coffee
shop in this location would complement existing businesses,potentially enhance
the appearance of the area, and serve as a gathering place for local residents,
workers, and visitors.
5. With conditions for providing sufficient off-street parking, ensuring that vehicles
do not park on the shoulders of State Highway 35 or County Highway E,
maintaining the storm water capacity of the site, and enhancing the current level
of landscaping to improve the appearance of the site as a gateway to the
community and scenic trail area, 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 or businesses. According to the applicants,
anticipated traffic is not expected to increase substantially, and different peak
traffic times for the existing liquor store and proposed wine bar and coffee shop
will allow for shared use of the parking lot.
6. With conditions for shielding any future light sources to prevent glare onto
adjacent properties and for limiting noise and hours of activity on the site, this
request would not constitute a nuisance by reason of noise, dust, smoke, odor, or
other similar factors. The site is surrounded by predominantly commercial uses,
and is screened from existing adjacent residential uses with a wood privacy fence
and trees.
7. The existing building, driveway accesses, parking lot, landscaping, lighting,
signage, and storm water management measures were approved as part of the
special exception permit and variance request for B & L Liquor on October 23,
2003. The property owner has complied with all of the conditions of the Board of
Adjustment's prior approval.
8. With conditions for marking the entrance and exit, providing sufficient off-street
parking, ensuring that vehicles do not park on the shoulders of State Highway 35
or County Highway E, maintaining the storm water capacity of the site, and
enhancing the current level of landscaping along State Highway 35 and County
25
6. Regular hours of operation shall not extend beyond 10:00 AM and 1:00 AM.
7. Upon complaints of regularly occurring, excessively loud noise at any time, the
applicant shall work with the Zoning Administrator to abate the noise problem.
In the event that the matter cannot be resolved administratively, the applicant
shall take the matter before the Board of Adjustment at a public hearing.
8. All buildings and property shall be maintained in a neat and orderly manner,with
no outside storage.
9. The applicant shall contact the Zoning Administrator to review this special
exception permit in two years from the approval date(May 2009) for compliance
with the conditions of this approval.
10. These conditions may be amended or additional conditions may be added to
address complaints or unanticipated circumstances that would affect the health,
safety, or general welfare of citizens or degrade the natural resources of St. Croix
County. Such circumstances may include but not be limited to patrons parking
on Highways 35 and E and causing traffic problems that necessitate additional
off-street parking and/or the installation of"no parking" signs along the
shoulders. Conditions will not be amended or added without notice to the
applicant and opportunity for a hearing.
11. Any change in ownership, management, or tenants shall require prior notification
to the Zoning Administrator. Any change in the use of the property; change in
the building or facilities; or changes to the approved project details—including
but not limited to additional impervious coverage, signs, lights, tree removal, or
lot/access changes—shall require prior review and approval by the Zoning
Administrator to ensure that all Ordinance requirements are met. The Zoning
Administrator may determine that special exception approval is necessary.
12. The applicant shall have two (2) years from the approval of this special
exception permit to commence use of the site for the proposed use. All
improvements required by the conditions above must be complete prior to the
opening of the wine bar and coffee shop. Failure to do so shall result in
expiration of the special exception permit. If the special exception permit expires
within this time frame, the applicant will be required to secure a new special
exception permit.
13. Accepting this decision means that the applicants and all tenants have read,
understand, and agree to all conditions of this decision.
Motion carried unanimously.
Application #4: Town of Emerald—Special Exception
Motion by Struemke, second by Nelson, to approve the special exception request to
construct a new town hall and shop in the Ag Residential District in the Town of Emerald
28
16. The St. Croix County Highway Department reviewed the revised parking plans
and the Town of St. Joseph's recommendations regarding those plans. The
Department concurs with staff calculations for required parking stalls and has
determined that the existing 34 parking stalls with an average width of 9.5 feet to
10 feet should be adequate for both the existing liquor store and the proposed bar
and restaurant.The Department does not recommend re-striping the parking lot at
this time if the two businesses agree to share the parking area. The Department
also finds the current paved entrances into the parking lot to be wide enough for
two-way traffic and does not desire special one-way ingress and egress. Finally,
the Department has verified that it would be willing to install parking signs along
Highways 35 and E only if there is a documented problem and the town makes a
request for the signs.
17. The Wisconsin Department of Transportation has reviewed the plans and has no
comments for the Board's consideration.
With the following conditions:
1. This special exception permit allows the applicants to operate a wine bar and
coffee shop under a Class B liquor license which also allows for the sale of beer
and distilled spirits in an existing commercial building in the Commercial
District as indicated in the plans submitted and as provided in the conditions
below. Approval for this special exception permit does not include any additional
uses, structures, special events, or other activities not indicated in the plans.
2. Prior to commencing use of the site for a wine bar and coffee shop, the applicant
shall be responsible for securing all necessary local, state, and federal permits
and approvals, including but not limited to any other required permits or licenses
from the Wisconsin Department of Commerce. The applicant shall also provide
to the Zoning Administrator documentation that the existing sanitary system is
adequate for the proposed use.
3. The applicants shall be responsible for maintaining sufficient off-street parking
and storm water management measures throughout the duration of the business,
and may be required to provide additional parking and no parking signs along
Highways 35 and E per Condition#10 below.
4. 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.
5. No signs are approved as part of this permit. Any future signage shall require
prior review and approval by the Zoning Administrator pending the new County
sign regulations.
27
# #
adequate, self-sustaining vegetation for immediate site stability and to pre-treat
and filter sediments from storm water before reaching the ponds, and recording an
operation and maintenance plan for the retention ponds against the property.
12. The St. Croix County Highway Department supports the new town hall location
and has already issued the driveway permit to allow access to the new site.
With the following conditions:
1. This special exception permit is for the Town of Emerald,property owner and
applicant,to construct a new town hall and shop in the Ag Residential District in
the Town of Emerald in accordance with the plans submitted, and as provided in
the conditions below. Approval for this special exception permit does not include
any additional structures, impervious coverage, or other activities.
2. The applicant shall be responsible for securing all necessary local, state, and
federal permits and approvals.
3. Prior to commencing construction, the applicant shall implement erosion control
measures in accordance with the Wisconsin Department of Commerce document
titled"Erosion Control for Homebuilders". Immediately upon completing
construction, temporary ground cover shall be used until permanent vegetation
establishes.
4. Prior to commencing construction, the applicant shall submit to and have
approved by the Zoning Administrator the following items:
• A revised site plan for the parking lot showing the number, size, design
and layout of parking stalls. The plan shall take into account the seating
capacity of the meeting room and shall provide sufficient off-street
parking for all uses on the site in accordance with the St. Croix County
Zoning Ordinance.
• A landscaping plan to create a vegetative buffer at least 10 feet in width
along the west and east property lines that includes native evergreen trees
and shrubs at least six feet in height at the time of planting to screen the
parking lot from adjacent properties and retain the rural character and
natural beauty of the area. The buffer shall attain at least 80% opacity at
maturity. The plan should include the species, size, and location of all
trees, shrubs, and groundcover to be planted on the site, as well as a
timeline for the plantings and a maintenance agreement to ensure that all
vegetation establishes successfully and is maintained. Upon complaint by
neighboring property owners and review by the Zoning Administrator, the
applicant may be required to provide additional landscaped buffers along
the north and south property lines.
• A revised storm water management plan that reduces the depth of the
storm water retention and infiltration ponds to two feet and incorporating a
vegetative buffer around the ponds to pre-treat and filter sediments from
runoff before reaching the ponds. As part of the plan, the applicant shall
30
•
based on the following findings of fact and conclusions of law:
1. The applicant is the Town of Emerald,property owner.
2. The site is located on County Highway G in the SE '/ of the SW '/ of Section 15,
T30N, R16W, Town of Emerald, St. Croix County, Wisconsin.
3. The applicant filed with the Planning and Zoning Department an application for a
special exception permit to construct a new town hall and shop in the Ag
Residential District pursuant to Section 17.15(6)(u) of the St. Croix County
Zoning Ordinance.
4. This request would not violate the spirit or general intent of the St. Croix County
Zoning Ordinance in that a town hall and shop is a reasonable and appropriate use
in the Ag Residential District, which the property is currently zoned. Its central
location in the town on a county highway makes it accessible to residents.
5. With conditions for installing erosion control measures,providing sufficient off-
street parking, and implementing the storm water plan, 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 since negative
impacts will be mitigated. Traffic will mainly be during off-peak travel times and
is not expected to have a detrimental impact on the road system.
6. With conditions for shielding light sources from adjacent properties,planting
native trees and shrubs to screen and buffer noise from adjacent residential
properties, this request would not constitute a nuisance.
7. With conditions for providing sufficient off-street parking for town meetings
based on the seating capacity of the meeting room, the applicants will meet the
standards in Section 17.57 of the St. Croix County Zoning Ordinance. It appears
that there is ample space on the lot for additional parking if it is needed.
8. The proposed buildings, parking lot, and driveway entrance meet required spacing
requirements and road setbacks from County Highway G pursuant to Section
17.60 6.a. of the St. Croix County Zoning Ordinance.
9. No signage is proposed as part of this application.
10. The Town of Emerald is the applicant and as such has not submitted a
recommendation.
11. The St. Croix County Land and Water Conservation Department finds the
proposed storm water ponds be more than adequate for the proposed construction
and recommends that the depth of the ponds be reduced from three to two feet to
be consistent with the infiltration basin standard and alleviate safety concerns
with ponds deeper than two feet. The Department also recommends providing
29
of St. Croix County. Conditions will not be amended or added without notice to
the applicant and an opportunity for a hearing.
13. Any change in ownership of the property or change in 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. The applicant shall have one(1) year from the approval of this permit to
commence construction and two (2) years from the approval to complete 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
i
permit.
15. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
Motion carried unanimously.
Application#9: Randall and Linda Paul Reconsideration
Motion by Nelson, second by Struemke,to approve the reconsideration of Condition
#1 of the special exception permit approved by the Board of Adjustment on March
23, 2007 for a major home occupation to sell live bait based on the following findings
of fact and conclusions of law:
1. The applicants are Randall and Linda Paul,property owners and operators of the
proposed bait shop.
2. The site is located in the NW % of the SE '/ of Section 1, T29N, R17W, Town of
Hammond,
St. Croix County, WI. The site is in the Ag Residential District.
3. The applicants request a reconsideration of Condition#1 of the special exception
permit approved by the Board of Adjustment on March 23, 2007 for a major
home occupation in the Ag Residential District to allow them to be able to
purchase up to six different species of minnows, two different sizes of leeches,
and additional worms and/or waxies as needed to supplement those raised on site
in the event that the vermiculture operation is not immediately successful
4. Major home occupations are allowed pursuant to Section 17.15(6)(r) and subject
to the standards of Section 17.155 of the St. Croix County Zoning Ordinance. As
part of its March 23, 2007 approval, the Board of Adjustment found that with a
condition to limit sales to "only earthworms, waxies, leeches, and minnows and
their by-products raised on the site", the proposed bait shop would meet the
standards for major home occupations pursuant to Section 17.155 of the St. Croix
County Zoning Ordinance. Condition#1 was worded to specifically address
Section 17.155(6)(d)6, which requires that"only merchandise directly incidental
32
also provide an operation and maintenance agreement for the ponds. The
applicant shall record an affidavit against the property referencing the
revised plan and agreement, and submit a recorded copy of these
documents to the Zoning Administrator at this time. The intent is to make
present and future Town Board members and property owners aware of
the responsibilities and limitations associated with retention and
infiltration areas, and to ensure that they are regularly monitored to
function properly.
5. A surety in the form of a compliance deposit in good funds in the amount of
$1,100 to be held by the Zoning Administrator until the paving, landscaping, and
storm water management measures have been completed and approved to be in
compliance with the conditions of this permit and all applicable provisions of the
Ordinance, at which time the deposit will be refunded in full.
6. No signs are approved as part of this permit. Any future signage shall require
prior review and approval by the Zoning Administrator pending the new County
sign regulations currently being developed.
7. All lights on the site must be downward directed and shielded away from
neighboring properties to prevent glare. Only lights on the building or building
overhangs at a level not to exceed the height of the lowest eaves may be left on
overnight for security purposes. Lights in the parking lot shall only be on during
the hours of town meetings and special events.
8. General hours of operation for the town hall and shop shall not extend beyond
8:00 AM and 10:00 PM, with occasional extended hours for annual meetings and
special events.
9. Upon complaints of regularly occurring, excessively loud noise at any time, the
applicant shall work with the Zoning Administrator to abate the noise problem. In
the event that the matter cannot be resolved administratively, the applicants shall
take the matter before the Board of Adjustment at a public hearing.
10. The property shall be maintained in a neat and orderly manner.
11. Within six months of completing construction of the entire project, the applicant
shall submit to the Zoning Administrator photos of all completed buildings,
parking areas, storm water infiltration ponds, lights, and landscaping, and
certification from the project engineer that everything has been constructed as
designed and as approved by the Board.
12. The applicant shall contact the Zoning Administrator to review this special
exception permit in two years from the approval date(May 2009) for compliance
with the conditions of this approval. These conditions may be amended or
additional conditions may be added if unanticipated circumstances arise that
would affect the health and/or safety of citizens or degrade the natural resources
31
One permit was for the wholesale production and distribution of
traditional Hmong wine made by the residents on the site with no retail
sales.
The Board amended Condition#1 as follows(the applicants shall strictly adhere to all
other conditions of the Board's March 23,2007 decision):
Condition#1: This special exception permit allows the applicants to sell only
earthworms,waxies, leeches, and minnows and their by-products raised on the
site and to purchase and sell additional species of earthworms, waxier, leeches,
and minnows not to exceed the number of species raised and sold on site, as well
as containers and scoops for these products from the designated 256-square foot
room and outdoor bait vending machine as indicated in the plans submitted by the
applicant, and as provided in the conditions below. At any given time,not more
than half of the species for sale on site shall be purchased off-site. Approval for
this special exception permit does not include the sale of any additional species or
merchandise, additional structures, services, or activities. This special exception
permit shall not be transferable from person to person or address to address.
Motion carried unanimously.
Minutes
Motion to approve minutes as amended by Nelson, second by Struemke.
Motion carried unanimously.
Board of Adiustment By-Laws
The Board of Adjustment by-laws need to be posted on St. Croix County Website once
the PowerPoint®rules are integrated into the new amended by-laws.
Date of Next Meeting
June Hearing is scheduled for Thursday June 281H
The meeting was closed at 3:23 p.m. by Chairman Malick.
Respectfully submitted,
wy)
Sue Nelson, Secretary Becky Eggen, Re o g Secretary
34
to a service provided may be displayed or sold within the dwellin g or structure
used for major home occupation."Although the applicants are not providing a
service,they will raise worms, waxies, and potentially one species of minnow as
an occupation. The Board determined that selling only species raised on the site,
as well as containers and scoops for packaging them as bait, constituted retail
sales incidental to the applicants' occupation and use of the site for agricultural
and residential purposes.
5. The applicants contend that under the limitations of Condition#1, they would
only be able to dispense two or three items from the vending machine, which
would not be economically viable or provide local fishermen with the variety
needed for different fish and seasons. Allowing the applicants to be able to
purchase additional species of minnows, leeches, and worms and/or waxies is a
reasonable request given the expectations and needs of the fishing public;
however, doing so would be considered "incidental"to the agricultural
occupation only if they are supplemental to the species raised on site and do not
constitute the majority of the stock. With conditions to limit the variety and
quantity of purchased stock to less than that raised on the site, the requirements of
Section 17.155(6)(d)6 would be met.
6. Allowing the majority of the stock available for sale to be purchased from off-site
rather than raised on-site would constitute a retail operation. A retail operation
would not be consistent with the intent and purpose of major home occupations in
the Ag Residential District. The intent of the Ag Residential District is "to
establish areas within which agricultural uses, commercial uses serving
agriculture, limited commercial, and institutional uses may be located. "Within
this district, home occupations are allowed provided they "are incidental to the
use of the premises as a residence or a farm; are compatible with residential or
agricultural uses; are limited in extent, and do not detract from the residential or
agricultural character of the neighborhood. "Major home occupations are further
limited to only being able to display or sell merchandise that is directly incidental
to a service provided as outlined in Finding#4 above.
7. The St. Croix County Board of Adjustment approved 10 special exception permits
for major home occupations over the past five years (May 2002—May 2007),
including the applicants'. Of these:
• All permits were for property in the Ag Residential District.
• Six permits allowed services provided on the site including auto repair and
restoration, beauty salon, specialized veterinary care, and a fix-it shop.
Only merchandise directly incidental to the service provided was allowed
for display or sale.
• Two permits were for the retail sale of agricultural products raised on the
site, including bison meat and other products made from bison wool and
horns, and the applicants' permit to sell bait.
• One permit was for the retail sale of animal feed and fuel corn to serve
local agriculture, and fireplace units that burn corn, wood chips, and other
renewable energy sources.
33
STt:ROIX COUNI[*
PLANNING & ZONING
August 27, 2009 File Ref: SE0107
Chris Kath
1106 County Road A
Hudson, WI 54016
Re: Kath Special Exception Permit— Conditions of Permit
Dear Mr. Kath,
Code Administrati
715-386-4680 On July 30, 2009, 1 met with you at your at your business to discuss the conditions
Land Information 'F of your permit and conduct a final inspection. I also received a copy of the affidavit
as for stormwater management and maintenance that was recorded Planning � against the
715-386-467 property. As I reminded you during our meeting, any new signage for the business
will need to comply with the St. Croix County Sign Ordinance. In addition, please
Real l' erty be sure to maintain the property in a neat and orderly manner, which no outside
71 6-4677 storage.
R cling Because you have satisfied all of the conditions of your permit, this Department will
386-4675 refund your $5,000.00 compliance deposit. The check will be sent to this address
and should come to you within two weeks. We appreciate your cooperation.
If you have any questions, I can be reached at (715) 386-4683 (8:00 A.M. to 5:00 P.M.
weekdays).
Respectfully,
a -717
Dan Sitz
Zoning Technician
Cc: File
ST.CROIX COUNTY GOVERNMENT CENTER
W/
PZ@CO.SA/NT-CRO/X. US
1 101 CARMICHAEL ROAD,HUDsoN, WI 54016 715-386-4686 FAx
WWW.CO.SAINT-CROIX.WI.US
[Substantial Completion Certificate Contract Date: 9127/2007
Owner: Contract for:
WILLOW RIVER SALOON Construction of pre-engineered addition
1106 CTY RDA
BURKHART, WI 54016
Architects Proiect Number:
Contractor:
Willow River Construction
655 Gilbert Road
Hudson, WI 54016 Distribute To:
Owner Q Contractor
Proiect: [� Field
Bldg Addition Q Architect Q Other
Describe the Proiect or Portion of the Proiect designated for use:
Building at 1106 Cty Rd A has been completed as is ready for occupancy.
The undersigned certifies this to the best of their knowledge.
The Work preformed on this Contract is found to be substantially complete.
With the exception(s) of the following if any:
T re no ex ions to this completion certificate
i Willow River Construction 3/31/2008
(Signature of authorized represenafnre) (Representing) (Date of issuance)
A list of items to be completed/Corrected (if any) is attached.
Cost estimate of Work that is incomplete or defective: $0
The contractor will complete or correct the Work on the list of items ( attached is any)within:
( )days from the above date of bstan(tial Co n.
117
/
Willow River Construction 3/31/2008
CONTRACTOR BY DATE
The owner accepts the Work or designated portion as substantially complete and will assume full possession at
(time) on (date).
OWNER BY DATE
The responsibilities of the Owner and Contractor for security, maintenance, heat,utilities,damage to the Work
and insurance shall be as follows: (Note: Owner's and Contractor's legal and insurance counsel should determine
and review insurance requirements and coverage.)