HomeMy WebLinkAbout030-2108-10-000(2) MUD GE 110 Second Street
Post Office Box 469
9 PORTER, Hudson,WI 54016-0469
Telephone(715)386-3200
EN & (651)436-5934
LUNDE
SE GUIN, S.C. Fax ww. 386-5447
www.mpl-s.com
www mpl-s.com
A Professional Service
ce Co oration Attorneys Licensed m Wisconsin* and Minnesota+
� Robert W.Mudge*
Joel D.Porter*+
Barry C.Lundeen*+
D.Peter Seguin*
Lisa A.Wiebusch*+
R.Michael Waterman*+
Rose M.Allen*+
June 23, 2004
Rod Esslinger
St. Croix County Zoning Office
1101 Carmichael Road
Hudson, WI 54016
Re: Ryan and Rachel Flattum—UPDATE
Dear Mr. Esslinger:
This letter is to update the Zoning Office and Board of Adjustment on the Flattums' case. Last
spring, the Flattums filed applications for a major home occupation special exception and for a
variance from the 500-foot set back. The St. Joseph Town Board and the Planning Committee
recommended approval of the applications.
The Board of Adjustment held public hearings, but the Board ultimately denied the Flattums'
applications. The Flattums appealed the denial to the circuit court in part because they believed
the Board used the wrong standard for judging unnecessary hardship for a variance.
The Circuit Court held a hearing on June 16, 2004. After reviewing the papers and hearing the
arguments of counsel, the Judge remanded the case back to the Board of Adjustment, and
instructed the Board to consider the variance application under the legal standard set forth in
Ziervogel v Washington County, a Wisconsin Supreme Court case decided on March 19, 2004.
Under Ziervogel, the proper standard for determining unnecessary hardship is whether
compliance with the strict letter of the zoning restriction unreasonably prevents the owner from
using the property for a permitted purpose or would render conformity with such restrictions
unnecessarily burdensome. The judge concluded that unnecessary hardship is no longer based
on the "no reasonable use" standard that had been used for several years before the Ziervogel
decision.
Rod Esslinger
June 23,2004
Page 2
The Flattums believe that they meet the standard for an unnecessary hardship and that they meet
the standard for a major home occupation special exception. The Flattums are on the agenda for
the July 22, 2004 Board of Adjustment meeting, and they plan to provide testimony to refresh the
Board members about the home occupation proposal and how it meets the applicable standards.
Thank you.
Sincerely,
MUDGE, PORTER, LUNDEEN & SEGUIN, S.C.
PW zt7,���
R. Michael Waterman
michael waterman(ampl-s.com
After-hours voice mail ext. 121
RMW:tbm
cc: Ryan and Rachel Flattum
Gregory Timmerman
STATE OF WISCONSIN CIRCUIT COURT ST. CROIX COUNTY
RYAN FLATTUM and RACHEL FL'A
1199—-64' Street `•'`'
Hudson,.Wisconsin 54016,
- I DEC
Plaintiff, CLERK OF c�
t,
V. `�� • Case No.
Administrative review: 30607
ST. CROIX COUNTY BOARD OF ADJUSTMENT,
St. Croix County Government.Center
1101 Carmichael Road ST.CROIX CO.CASE NO.
Hudson,.Wisconsin 54016, FILED BY L.MEYER
ASSIGNED TO E.F.VLACK
Defendant.
SUMMONS
THE STATE OF WISCONSIN
TO EACH PERSON NAMED ABOVE AS A DEFENDANT:
You are hereby notified that the plaintiff named above has filed a lawsuit or other
legal action against you: The complaint,which is attached, states the nature and basis of the .._
legal action.
Within 45 days of receiving this summons,you must respond with a written answer,as
that term is used in chapter 802 of the Wisconsin Statutes, to.the complaint. The court may
rejector disregard an answer that does not follow the requirements of the statutes. The
answer must be sent or delivered to the court, whose address is 1101 Carmichael Road,
Hudson,Wisconsin 54016 and to R.Michael Waterman,plaintiff s attorney,whose address is
Mudge, Porter, Lundeen& Seguin, S.C., 110 Second Street, Hudson WI 54016. You may
have an attorney help or represent you.
If you do not provide a proper answer within 45 days,the court may grant judgment
r
against you for the award of money or other legal action requested in the complaint,and you
may lose your right to object to anything that is or may be incorrect in the complaint. A
judgment maybe enforced as provided.by law. A judgment awarding money may become a
lien against any real estate you own now or in the future, and may also be enforced by
garnishment or seizure of property.
Dated:
MUDGE, PORTER,LUNDEEN & SEGUIN, S.C.
Attorneys for Plaintiffs
BY: R. Michael Waterman
State Bar No. 1025674
Address
110 Second Street
PO Box 469
Hudson, Wisconsin 54016
(715) 386-3200 ,
STATE OF WISCONSIN CIRCUIT COURT ST. CROIX COUNTY
RYAN FLATTUM and RACHEL FLAT_TUM,
1199—64" Street
Hudson, Wisconsin 54016,
ED _a
:. 1 _;
°li OF COURT
V. `.CRO!'XCOURTY :Ease No.:
r'-Administrative review: 30607
ST. CROIX COUNTY BOARD OF ADJUSTMEl-T,
St. Croix County Government Center
1101.Carmichael Road ST.CROIX CO. CASE NO
Hudson, Wisconsin 54016, BLEU BY L.MEYER
ASSIGNED To E.F. VLACK
Defendant.
COMPLAINT
Ryan and Rachel Flattum, by their undersigned counsel, complain against the
defendant and allege as follows:
1) Ryan and Rachel Flattum.are married individuals, who reside and own
property at 1199—64`f' Street, Hudson, Wisconsin 54016. The property is
located in the Town of St. Joseph.
2) The St. Croix County Board of Adjustment is a subdivision of St. Croix
County, and is created pursuant to Wis. Stats. §§ 59.69 and 59.694. Its
principal location and address is the St. Croix County Government Center,
1101 Carmichael Road, Hudson, Wisconsin 54016.
3) Jurisdiction and venue are proper in St. Croix County, Wisconsin as this
matter arises under Wis. Stats. § 59.694(10).
First Claim for Relief
4) On August 7, 2003, the plaintiffs filed with the St. Croix County Zoning
Office an application for a variance and special exception permit.
5) The plaintiffs sought a special exception to operate a small automotive
repair shop on their property in St. Joseph Township.
6) The plaintiffs' proposed automotive repair shop constituted.a major home
occupation under sections 17.15(6)(s) and 17.155 of the county ordinances.
7) The ordinances require, among other things, that a major home occupation
be 500 feet away from any existing residences.
8) The plaintiffs' proposed business would be less than 500 feet from an
existing residence. The plaintiffs could not meet the 500-foot.set back
anywhere on their lot. This constitutes a hardship.
9) The plaintiffs requested a variance from the 500-foot set back.
10) The plaintiffs met the ordinance criteria for a major home occupation
special exception and the criteria for a variarice.from the 500-foot set back.
The plaintiffs' application also met the spirit and intent of the ordinances.
11) The plaintiffs also received a recommendation for approval from the Town
of St. Joseph. The recommendation for approval was forwarded to and
considered by the defendant.
12) After public hearing on the plaintiffs' application, the defendant denied the
plaintiffs' application for the special exception and the variance.
13) The defendant issued.a written decision dated November 11; 2003.
14) The defendant erred in its decision to deny the plaintiffs' applications.
15) The defendant's decision was unreasonable, erroneous, arbitrary, and
oppressive. The decision represented the defendants' will and not its
judgment, and the defendant proceeded on an incorrect theory of law.
Second Claim for Relief
16) Incorporate and reallege paragraphs 1 through 15, above.
17) After receiving verbal notice that their applications were denied by the
defendant, the plaintiffs made a request for reconsideration.
18) Their reconsideration request was filed with the zoning office on
November 5, 2003. The request was timely under the defendant's bylaws.
19) In their reconsideration request,the plaintiffs identified new information
and sought to clarify some misinformation that was presented by opponents
of the plaintiffs' application.
20) The defendant considered the reconsideration request on November 20,
2003.
21) The defendant denied the plaintiffs' request for reconsideration and it
reaffirmed its original-decision.
22) The defendant's decision to deny reconsideration was unreasonable,
;'i `Ewtyri.
erroneous, arbitrary, and oppressive. The decision represented the
defendants' will and not its judgment, and the defendant proceeded on an
incorrect theory of law.
WHEREFORE,the plaintiff requests an order of the Court reversing the St. Croix
County Board of Adjustment and directing the Board to approve the plaintiffs' special
exception and variance applications,together with an award of costs, disbursements,
attorney's fees and any other relief permitted under § 59.694(10) that the Court deems
just and appropriate.
Dated: 01 2-d a3
MUDGE, PORTER,LUNDEEN & SEGUIN, S.C.
Attorneys for Plaintiffs
BY: R.Michael Waterman
State Bar No. 1025674
Address
110 Second Street
PO Box 469
Hudson, WI 54016
(715) 386-3200
I
ADDRESS: 1773 County Road J,New Richmond, WI 54017
All interested persons are invited to attend said hearing and be heard. Additional
information may be obtained from the office of the St. Croix County Zoning Director,
Hudson, Wisconsin at(715) 386-4680.
Julie Speer,Chairperson
St. Croix County Board of Adjustment
Article One: Lofty Acres
Eslinger explained that this request is to amend the original permit to change the amount
per gallon for bonding for manure disposal. The amount set forth in the permit is 2.2
cents per gallon. Bonding companies will not allow for this, and after doing some
research, the county will agree to .005 cents per gallon. This amount is adequate for a
bond.
Joe Draxler, being duly sworn, reiterated that bonding companies are not willing to do
bonds for any larger amounts than this. The cost of disposal of manure has gone down,
and the amount being proposed is adequate.
The Board will make a decision later today.
Article Two: Pat Collova
Eslinger told the Board that this request is for a 2-foot variance to the 15-foot height
requirements for an accessory structure.
The following exhibits were introduced:
Exhibit 1: Staff report
Exhibit 2: Application for variance
Exhibit 3: Photos
Eslinger went over the staff report with the Board, stating that the applicant would like to
have this structure 17-feet in height rather than 15-feet. The structure would match up
with his home and allow for more storage. The county holds a bond on this property for
filling and grading. The Town Planning Commission has recommended approval, and
the Town Board will be meeting on this tonight.
Pat Collova, being duly sworn, reiterated the request is for a 2-foot variance to allow the
proposed accessory structure to be 17-feet in height. He has an RV to store and needs to
put in a large door on one end. He would also like the house and the accessory structure
to match. He added that he has roughed in plumbing for the garage, for the future,as the
pipes need to go under the driveway, and does not want to tear up the driveway later. A
permit has been issued from the DNR for the grading, and he wants to comply with
everything required with this permit.
Mick Howland, sworn in, is representing the Town of St. Joseph and will take this
information back to the Town Board tonight.
There were no objections to the request. The Board will view the site.
3
Article Three: Allan Markert/Beverly Barts
Eslinger introduced this request for a permit for filling and grading in a shoreland area to
install a culvert crossing to access a building site.
The following exhibits were introduced:
Exhibit 1: Staff report
Exhibit 2: Variance application
Exhibit 3: Photos
Eslinger went over the staff report with the Board. The LWCD has reviewed the request
and approved of the application. The DNR has issued a Chapter 30 permit for the culvert
crossing. The Town of Pleasant Valley has stated that they see no need for their approval
as it is not in the Town road right-of-way, and they have already issues,a driveway permit
for the access into the property. Eslinger stated that the culvert is necessary on this
property due to the water that runs through there. The applicant has worked with an
engineering company to put in the correct size culvert and have the project done properly.
Allan Markert, being duly sworn, stated that he has had the project very carefully
researched, and the calculations are based on 100-year stats. They plan to start the project
as soon as they receive approval. The project will take 2-3 days to complete.
There were no objections to the request. The Board will view the site.
The Board recessed from 9:35 a.m. to 11:00 a.m. to view the sites.
DECISIONS:
Lofty Acres
Motion by Peterson, seconded by Speer to approve the request to amend Condition#13 to
now read as follows:
13) As a condition of the authorization (special exception use permit) to operate
Lofty Acres, Inc. a f nancial assurance is required to be obtained and maintained as
surety for the obligation to properly empty any manure lagoons, reception pits, transfer
systems and storage facilities, and properly dispose of all manure (collectively, abandon
the manure handling system)should Lofty Acres, Inc. ever cease operation.
The surety amount (presently .005 cents per gallon multiplied by the total gallons of
manure storage capacity of this facility) must cover all existing manure storage capacity.
A revised financial assurance must be submitted to the Zoning Office for review and
approval if additional storage is constructed or the cost of disposal changes in the future
for Lofty Acres, Inc. The financial assurance shall be reviewed annually.
Based on the following findings:
1. There was no opposition to the request.
2. There have been no complaints regarding this business in the past.
The following vote was taken to approve: Krueger, yes; Golz, yes; Peterson, yes;
Chairperson Speer,yes. Motion carried.
4
Article Two: Pat Collova
Motion by Golz, seconded by Krueger to approve the request for a 2-foot variance to the
15-foot height requirement for an accessory structure based on the following findings:
1. The Town of St. Joseph Planning Commission has recommended approval of the
request.
2. There was no opposition to the request.
3. The 2-foot variance request is minimal and will allow the applicant an adequate
size structure for the items to be stored.
4. The color and design of the structure will be compatible to the existing home.
5. The LWCD has reviewed the plans and has approved of the request.
6. Accessory structures are a permitted use in the Ag/Residential District.
7. The granting of this variance will not cause harm to the public interest.
8. The spirit and intent of the ordinance would be met by granting.this request.
With the following conditions:
1. This permit is valid after approval from the Town of St. Joseph Board. If the
town denies the request due to different and unique testimony by the applicant,
the applicant will be allowed to come back before the Board of Adjustment to be
heard.
2. The accessory structure shall only be used for the applicant's personal storage.
3. The second story of the structure may not be used for human habitation.
4. Businesses are not allowed in this structure.
The following vote was taken to approve: Krueger, yes; Go1z, yes; Peterson, yes;
Chairperson Speer,yes. Motion carried.
Article Three: Allan Markert/Beverly Barts
Motion by Krueger, seconded by Peterson to approve the request for filling and grading
in the Shoreland District based on the following findings:
1. The plans for the project have been professionally engineered.
2. The replacement of the existing culverts will improve and stabilize the existing
site and remedy the current erosion control problem.
3. All necessary permits have been obtained from government agencies.
4. The granting of this variance will not cause harm to the public interest.
5. The spirit and intent of the ordinance would be met by granting this request.
The following vote was taken to approve: Krueger, yes; Peterson, yes; Golz, yes;
Chairperson Speer, yes. Motion carried.
The hearing was declared adjourned at 11:50 a.m.
Respectfully submitted:
Richard Peterson, Secretary Debbie Zimmerm ecording Secretary
5
RECEIVED
MUD GE, Post Second Street
Office Box 469
PORTER, NOV 0 5 2003 Hudson,WI 54016-0469
LUNDEEN & Telephone 715 436-5934
ST.CRCJIX COUNTY Y �651�436-5934
ZONING OFFICE Fax(715)386-5447
SEGUIN.) S.C. wWW mpl_s.com
A Professional Service Cot oration Attorneys Licensed to Wisconsin* and Minnesota+
Robert W.Mudge*
Joel D.Porter*+
Barry C.Lundeen*+
D.Peter Seguin*
November 5, 2003 Lisa A.Wiebusch*+
R.Michael Waterman*+
Rose M.Allen*+
Rod Esslinger
St. Croix County Zoning Office
1101 Carmichael Road
Hudson, WI 54016
Re: Ryan and Rachel Flattum—REQUEST FOR RECONSIDERATION
Dear Mr. Esslinger:
Ryan and Rachel Flattum hereby request that the Board of Adjustment reconsider the decision
made at the Board of Adjustment hearing held on October 23, 2003. Please place this matter on
the November Board of Adjustment calendar.
This reconsideration request is based, in part, on the fact that improper information was
communicated to the Board of Adjustment by a member of the St. Joseph Township Planning
Commission. The Town Planning Commission and the Town Board both recommended
approval of the Flattums' requests. The Town considered a variety of factors for the special
exception and variance, and in their judgment, concluded that the Flattums requests were
reasonable. At the Board of Adjustment hearing, a member of the Town Planning Commission
vocally opposed Flattums request and invoked the Planning Commission's name as part of his
opposition. We believe this matter needs to be cleared up.
The Flattums have learned that the Planning Commission member may have organized
opposition to the Flattums' request at the October 22 Planning Commission meeting. We are
still investigating this matter but it appears that an Open Meeting Violation may have occurred as
the Town already approved the Flattums' request and the Flattums were not a Planning
Commission agenda item for that meeting. We have also learned that the Planning Commission
member who vocally opposed the Flattums at the Board of Adjustment has either resigned or
been removed from the Planning Commission.
We believe that evidence concerning the precise nature and extent of the Town of St. Joseph's
recommendation is necessary. Town approval is a major factor in zoning decisions such as this
case. We can't avoid believing that the Planning Commission member's statements affected the
Board's decision in this matter.
Rod Esslinger
November 5,2003
Page 2
The Flattums would also present evidence to show that information presented by some of the
citizens opponents were false. The Flattums have also new information concerning the operation
of the proposed business as well as evidence concerning the concerns raised by the Board at the
October 23 meeting.
Thank you.
Sincerely,
MUDGE,PORTER,LUNDEE & SEGUIN, S.C.
R. Michael Waterman
michael watermanL&mpl-s.com
After-hours voice mail ext. 121
RMW:kr
cc: Ryan and Rachel Flattum
ST. ROIX COUNTY
WISCONSIN
_ ZONING OFFICE
SST. CROIX COUNTY GOVERNMENT CENTER
__� - 1101 Carmichael Road
Hudson, WI 54016-7710
°y 715 386-4680 • Fax 715 386-4686
November 11, 2003 File Ref: -18-03
Ryan and Rachel Flattum
119964 th Street
Hudson, WI 54016
Re: Board of Adjustment Decision :Variance and Special Exception Request for Home
Occupation
Dear Applicant:
The St. Croix County Board of Adjustment has reviewed your requests for a 180-foot variance from
the 500-foot setback requirement from any pre-existing neighboring residence for a major home
occupation, and for a special exception permit to operate a major home occupation on the property,
and has denied both of these requests. The formal decision is enclosed.
Should you have any questions or concerns,please contact me.
Sincer y,
.44
Steve Fisher
Zoning Director
dz
Enclosure
cc: Marie Schmitt,Clerk,Town of St. Joseph, w/enclosure
Mike Waterman,w/enclosure
I
FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY,WISCONSIN
Case: 19-03
Complete Application Received: June 13,2003
Hearing Notice Publication: Weeks of September 8 and 15, 2003
Hearing Date: September 25,2003 (Tabled)
Decision Date: October 23, 2003
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony,considered the entire record herein, and reviewed the site,the Board
finds the following facts:
1. The applicants are Ryan and Rachel Flattum, whose address is 1199 64th Street, Hudson,
WI 54016.
2. The property is located in the NE '/4 of the NW 1/a, Section 3, T29N-R19W, Town of St.
Joseph.
3. An application was made for a 180-foot variance from the 500-foot setback requirement
from any pre-existing neighboring residence for a major home occupation.
4. An application was made for a special exception permit to allow a major home
occupation for an automotive repair business to be operated from the pole shed on the
property.
5. The Board of Adjustment finds that the request for the 180-foot variance does not
conform with the requirements granted under Section 17.15(6)(s) and 17.155 of the St.
Croix County Zoning Ordinance.
6. The Board finds that by denying the variance request for the setback requirement from any
pre-existing neighboring residence for a major home occupation, the Board cannot grant the
special exception request for the major home occupation pursuant to Section 17.155.
7. The Board finds that it is important to the neighborhood that the 500-foot requirement be
met for this type of business. An automotive repair business would not be compatible,
and is out of character, with the surrounding land uses. The property is located in the
Buck Hill subdivision.
8. The Board finds that if this variance was granted, and the major home occupation
permitted, it would be contrary to the public interest. The Willow River is in close
proximity to this property. Further, the property abuts land that is owned by the
Wisconsin Department of Natural Resources and is a State Park.
9. The Board finds that there are environmental concerns due to wastewater run off from the
business not being adequately disposed of.
10. There was opposition by residents of the Town of St. Joseph.
11. The Board finds that the spirit and intent of the ordinance would not be met by granting this
variance. The applicant did not demonstrate that a hardship would exist in the absence of a
variance, as the applicant has reasonable use of the property. The Board further finds that
the spirit and intent of the ordinance would not be met by granting the special exception
request for a major home occupation, due to the fact that the variance needed to be
approved to allow the business to exist at this location.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board
denied the 180-foot variance to the 500-foot setback requirement from any pre-existing neighboring
residence for a major home occupation, and therefore, the special exception request for a major
home occupation cannot be granted. The variance and special exception request are denied.
The following vote was taken to deny both requests: Krueger, yes; Peterson, yes; Marzolf, yes;
Golz, yes; Chairperson Speer, yes. Motion carried.
APPEAL RIGHTS
Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within
30 days after the filing date shown below, pursuant to sec. 59.694(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, which is available
from Northwestern Court Reporters, Hudson, Wisconsin. It is the responsibility of the Board of
Adjustment to submit its record(file)of this matter to the circuit court.
ZONING BOARD OF AD STMENT
Signed
_Q,IJP,11
C ai s
Date: 11/11/03 Attest ?f
Date: 11/11/03 Zoning Director
2
Rr"EIVED
TOWNor NOV 13 2003 1337 County Road V
ST.CROIX COUNTY Hudson,WI 54016-6712
ST. J O SEPH ZONING OFFICE 715/549-6235
FAX 715/549-6249
ST. CROIX COUNTY. WISCONSIN townsti @isd.net
November 10, 2003
Steve Fisher, Zoning Administrator
St. Croix County Courthouse
1101 Carmichael Road
Hudson, WI 54016
RE: Ryan and Rachel Flattum Special Exception and Variance
To Whom It May Concern:
Due to the t:s ir-nony by a To 4.,r of St. Joseph Plan Commission member before the Board of Adjustment
on October 23, 2003, the Town of St. Joseph Town Board would like to reaffirm its position
recommending approval of the above special exception and variance applications.
The Town of St. Joseph followed the normal process for this Special Exception and Variance through the
Plan Commission and Town Board. The Plan Commission recommended approval of the applications
subject to four contingencies in addition to those listed on the county's technical review. The Town Board
motions recommending approval of the applications were approved unanimously. The Board met on
November 6, 2003 and again agreed unanimously to have this letter sent to you reaffirming our position
recommending approval of the above applications.
The October 6, 2003,Town Board motions recommending approval of the special exception and variance
applications are as follows:
--A motion that the Town of St. Joseph has no opposition to the County's approval of the variance to the
setbacks (from Class C highways) of Mr. Flattum's building on County Road I and County Road E
(Howland/Barsness) carried
--A motion that the Town of St. Joseph recommend to the County approval of the Special Exception for a
home based business for the Flattum's with the listed special exception considerations provided by the
County and the four recommendations for restrictions provided by our Plan Commission:
(1) contingent that they comply with the recommendations of the County in their technical review
dated September 25, 2003 including proper use and disposal of contaminants and hazardous waste
(2) That vehicles not be located outside longer than 72 hours
(3) That noise levels be contained
(4) That gray water be contained and dumped properly
be added to the list of special exception conditions (Barsness/Marry) carried
--A motion for a recommendation to St. Croix County for a County Variance for setback from a
residence for a major home occupation for Ryan and Rachel Flattum (Marty/Howland) carried
If you have any questions regarding this matter, feel free to contact me.
Sincerely,
Theresa Johnson
Town Chairperso ,Town of St. Joseph
OFFICIAL
BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES
November 20,2003
The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was
made. Julie Speer, Nick Golz, Rich Peterson and Stan Krueger were present. Richard
(Buzz) Marzolf was absent and excused. Staff included: Steve Fisher, Zoning Director,
Rod Eslinger,Zoning Specialist, Deb Zimmermann, Administrative Assistant, Greg
Timmerman, Corporation Counsel. Chairperson. Speer believes this to be a properly
noticed meeting.
Motion was made by Golz, seconded by Krueger to adopt the agenda, noting that Article
#4 has been canceled for today. Motion carried.
The Board set the next meeting date as December 18, 2003 and will be in the
Community Room, at the Government Center. The starting time will be 8:30 a.m.
MINUTES
Motion by Golz, seconded by Krueger to adopt the minutes from the October 23, 2003
hearing. Motion carried.
OTHER BUSINESS
Ryan Flattum: Eslinger explained that the applicant is requesting that the Board
reconsider their decision of denial of his variance to the 500-foot setback requirement.
from a neighboring property for a home occupation on the property. The Board needs to
decide whether or not they are willing to reconsider their decision based on the
information submitted by the applicant, stating that the applicant feels the Board was
given information by a St. Joseph Planning Commission member that may have led to the
denial by the Board.
Mike Waterman, attorney for Flattum,was sworn in. He explained that Flattum went
before the Town of St. Joseph a second time on this issue, and the Town has no problem
with this business being housed on the property. Waterman said that at the last meeting
they were"torpedoed"by the member of the St. Joseph Planning Commission that spoke
in opposition, as well as other property owners that spoke in opposition. Things had gone
well at the town level, and they were surprised by the reactions at the hearing. Flattum
has taken care of the water runoff issues.
Ryan Flattum, sworn in, stated that all of the adjoining property owners are in support of
this business, as well as the Town of St. Joseph.
Mick Howland, Supervisor for the Town of St. Joseph, added that they have worked with
Flattum on this request and the Town Board members voted unanimously in favor of this
business.
Warren Anderson spoke in opposition of the request, stating that he does not believe this
is a good place for this type of business and concerned with water runoff near Willow
River.
Greg Timmerman, Corporation Counsel, told the Board that the request for
reconsideration was based on applicant's belief that the Board relied on misinformation
of a Town Planning Commission member. If the testimony of the Planning Commission
member did not have any influence on their decision, they could deny the request for
reconsideration. The Board confirmed that they did not rely on the Planning Commission
member's testimony in arriving at their decision to deny.
The Board decided on a 3-1 vote to affirm their decision and not to reconsider their
decision to deny.
NEW BUSINESS
Chairperson Speer welcomed everyone in attendance and gave a brief overview of how
the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public
hearing notice was published correctly and was read into the record as follows:
PUBLIC HEARING NOTICE •
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday,
December 18, 2003 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson,
Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance.
The Board will view each site in question, after which the Board will deliberate and vote on
the appeals.
1. ARTICLE: Special Exception request for a permit to locate a temporary
concrete plant in the commercial district pursuant to Section
17.18(1)(a).
APPELLANT:David Wachter,owner/The Kraemer Co., LLC/applicant
LOCATION: The NW 1/4 of the NW'/4 and the SW 1/a of the NW 1/4, Section 18,
T30N- R19W, Town of Somerset
ADDRESS: Off of County Road V, Town of* Somerset
2. ARTICLE: Special Exception request to approve a nonmetallic mining
reclamation plan pursuant to 17.15(6)(g) and pursuant to the
provisions set forth in Section 226(89).
APPELLANT:Anderson Excavating,Inc., owner
LOCATION: The NE '/4 of the SE '/4, Section 28,T28N-RI 7W,Town of Rush
River
ADDRESS: Off of Highway 63 south of Baldwin
3. ARTICLE: Request for an amendment to an existing condition of the Special
Exception Permit dated August 9, 2000 for a mini-storage facility in
the commercial district.
APPELLANT:Harold Wolvert,owner
LOCATION: Located in the SE'/4 of the SE 1/4, Section 15,T30N-R18W,Town of
Richmond
ADDRESS: 1296 County Road G,New Richmond
4. ARTICLE: Variance request to expand a non-conforming structure in the
Ag/Residential District.
APPELLANT: Alfred F. Hermann
LOCATION: The SW'/4 of the NW 1/4, Section 3,T30N-R17W,Town of Erin
Prairie
2
• i
ST. CROIX COUNTY
.` WISCONSIN
ZONING OFFICE
�\ N N N N N N N N■ r���r_ ST.CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
r•�• e.,,�..�--� Hudson, WI 54016-7710
j - (715) 386-4680 FAX(715) 386-4686
November 18,2003
Ryan Flattum
1199 64th St.
Hudson,WI 54016
RE: Ryan Flattum
St.Croix County Ordinance Violation—Sanitary
Location: 1199 64h St.-Hudson,WI 54016
Computer#:030-2108-10-000 Parcel#:03.29.19.44A
Dear Mr.Flattum:
It was brought to our attention at the October 23, 2003 Board of Adjustment meeting that you have installed plumbing
fixtures in the pole shed located on your property before obtaining the necessary sanitary permits. Please be advised that all
domestic wastewater must be disposed of in accordance with St. Croix County Zoning Ordinance sections 17.70(3),
15.04(1),COMM 83 Wis.Adm.Code and§145.20 Wis. Stats.
i
To achieve compliance,you must choose one of the following options:
1) Contact a plumber to connect the interior plumbing to an approved sanitary system. I have enclosed a list of
plumbers for your reference;or
2) Remove all of the plumbing fixtures from the structures.
You must come into compliance no later than December 15, 2003. At that time, the zoning office will conduct an
inspection of the building to ensure that compliance has been met. Please contact me if you have any questions. Thank you
for your cooperation.
Sincerely, n
Jennifer Emmerich
Zoning Technician
Cc: Dwight Farnham—Deputy Zoning Administrator(Town of St.Joseph)
Mike Waterman,attorney
Marie Schmit,town clerk
file
OFFICIAL
BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES
October 23, 2003
The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was
made. Julie Speer,Nick Golz , Rich Peterson, Stan Krueger and Richard(Buzz)Marzolf
were present. Staff included: Rod Eslinger, Zoning Specialist,Deb Zimmermann,
Administrative Assistant, and Greg Timmerman, Corporation Counsel. Chairperson
Speer believes this to be a properly noticed meeting.
Motion was made by Golz, seconded by Krueger to adopt the agenda. Motion carried.
The Board set the next meeting date as November 20, 2003 and will be held in the
Community Room, at the Government Center. The starting time will be 8:30 a.m.
MINUTES
Motion by Peterson, seconded by Golz to adopt the minutes from the September 25,
2003, with one typographical correction on page 4. Motion carried.
OLD BUSINESS:
Ryan and Rachel Flattum: Eslinger explained that this request for a major home
occupation was tabled at last month's meeting. The request is for a 180-foot variance to
the 500-foot setback standard from any pre-existing neighboring residence for a major
home occupation. Along with this variance,the applicant is asking for a special
exception permit for a major home occupation for an automotive repair business to be
operated from a pole shed on the property. The Board approved two variances from the
road right-of-ways of County Road I and E at its meeting on September 25, 2003. The
Town has recommended approval of the major home occupation and the variance request
with some suggested conditions.
Mike Waterman and Ryan Flattum,were sworn in. Waterman is the attorney for Flattum
and stated that information was presented at last meeting and there is nothing new to
present today. He noted that the proceedings with the Town of St. Joseph went very
smoothly and the Town unanimously approved of the request at its last meeting. Flattum
has been working very hard with everyone to meet the conditions and requirements
necessary to allow him to have this business.
Waterman stated that the Town Board had some questions on water sources relating to
the business. Flattum explained that the gray water that is produced from the business
will be kept in a separate container and then dumped into the septic tank. A picture of the
container that holds the gray water was labeled as Exhibit 3. Eslinger added that the
domestic waste water will need to be treated in an approved private onsite wastewater
treatment system and the hazardous waste in a DNR approved tank. The Town of St.
Joseph fire department has been out to the business and conducted a site check. The fire
department will inspect the premises twice a year. Flattum stated that the hours of
operation will not be regular hours like some businesses. The hours vary, as he will just
be working on his own and has no employees.
The following people expressed their opposition: Bill Dunn, Jim Traeger and Warren
Anderson. The concerns were: Hours of operation should not go past 6:00 p.m.; too
many cars sitting outside; close proximity to the Willow River; not a compatible business
with surrounding land uses. Dunn added that he is on the St. Joseph Planning
Commission and the Plan Commission recommended approval of the request, but he
voted in opposition as a member of the Plan Commission.
The Board will view the site.
NEW BUSINESS
Chairperson Speer welcomed everyone in attendance and gave a brief overview of how
the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public
hearing notice was published correctly and was read into the record as follows:
AMENDED
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday,
October 23, 2003 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson,
Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance.
The Board will view each site in question, after which the Board will deliberate and vote on
the appeals.
1 ARTICLE: Variance request to the sideyard setback requirements pursuant to
Section 17.36(6)(g). The request is for a 3-foot variance from the
25-foot sideyard setback requirements to accommodate the 3-foot
dimension of the overhangs of the roof of a new home.
APELLANT: Geraldine Swenson, owner/Bruce Lenzen, agent
LOCATION: Located in Government Lot 1, Section 24,T28N-R20W,Town of
Troy
ADDRESS: Off of Cove Road,Hudson, WI
2. ARTICLE: Appeal of Administrative Decision pursuant to St. Croix County
Zoning Ordinance Section 17.70(6) and Section 17.36(7)(c)2.
Applicant is appealing an administrative decision to allow a garage
to be constructed within the setbacks of the St. Croix Riverway
District.
APPELLANT: Patrick and Kitty Delaney,owners/ Barry Lundeen, agent
LOCATION: Section 13,T28N-R20W,Town of Troy
LOCATION: 304 Cove Road,Hudson, Wisconsin
3. ARTICLE: Variance request to the Class"D"Highway requirements pursuant
to Section 17.64(1)(d)2. The request is for a 10-foot variance
from the 133-foot centerline setback to 210'h Avenue to allow an
addition onto an existing home.
APELLANT: Alice Lewerenz,owner/Home Tec, agent
LOCATION: The NW 1/4-NE 1/4, Section 20,T31N-R17W,Town of Stanton
ADDRESS: 1553 210thAvenue,New Richmond, WI 54017
4 ARTICLE: Special Exception request for a permit to expand a commercial site
pursuant to Section 17.18(1). Request is for additional mini-storage
units in a Commercial District.
APELLANT: Paul Hanson,owner/Matt Hieb,agent
2
r
LOCATION: The SW 1/4- SW 1/4,Section 1, T30N-R19W,Town of Richmond
ADDRESS: 1703 140''St.,New Richmond, WI 54017
5. ARTICLE: Special Exception request to expand a commercial building
pursuant to Section 17.18(1)(e). Request is to build a 40-foot by
134-foot addition onto the existing commercial building for
additional warehouse space for the business.
APELLANT: Donald L Anderson
LOCATION: The NW 1/4-SE '/4, Section 22, T30N-R20W,Town of St. Joseph
ADDRESS: 1446 7U'Street Houlton, WI 54082
6. ARTICLE: 1) Variance request to the Class`B"Highway requirements
pursuant to Section 17.64(1)(b). Request is for a 50-foot variance
from the 100-foot road right-of-way to allow B&L Liquor to
replace an existing liquor store with a new building that would be
less non-conforming that the original store,which is currently 25-
feet from the road right-of-way.
2) Special Exception request to allow the expansion of an existing
commercial business pursuant to Section 17.18(1)(e). Request is to
allow B & L Liquor to construct a new 10,000 square foot building
on the site for their existing commercial business.
*3) Variance request to Section 17.57(5). Applicant requesting to
reduce number of parking spaces from 50 to 28.
APELLANT: Albert Severson,owner/Mark Lewis, agent
LOCATION: The NW'/4 of the NE '/4, Section 27,T30N-R20W,Town of St.
Joseph
ADDRESS: 1369 Highway 35,Houlton, WI 54082
7. ARTICLE: Special Exception request for a permit to expand a commercial site
pursuant to Section 17.18(1). Request is to expand an existing
commercial site to allow additional mini-storage units in a
Commercial District.
APELLANT: Wildwood View,Inc-Spring Valley Mini Storage LLC,owner/
Gerald Falde,agent
LOCATION: The NE '/4-SE '/4, Section 35,T28N-R16W,Town of Eau Galle
ADDRESS: 40 County Road B,Woodville,WI 54028
8. ARTICLE: Special Exception request for a permit for filling and grading in the
Shoreland District of Squaw Lake pursuant to Section 17.29(2).
Request is for an after-the-fact filling and grading permit to remove
fill placed below the OHWM of Squaw Lake and to restore the site
back to its original condition.
APELLANT: Julie Orf,owner
LOCATION: Part of the SE '/4-NE '/4, Section 17,T31N-R18W, Town of Star
Prairie.
ADDRESS: 2150 Shore Drive, Somerset,WI 54025
All interested persons are invited to attend said hearing and be heard. Additional
information may be obtained from the office of the St. Croix County Zoning Director,
Hudson, Wisconsin at(715) 386-4680.
3
Julie Speer, Chairperson
St. Croix County Board of Adjustment
Article One: Geraldine e aldine Swenson/Bruce Lenzen
Eslinger went over the staff report, explaining that the original hearing was held in June
of 2002, and tabled for more information. The applicant was in front of the Board again
in June 2003, and the request was tabled for additional information. The staff believes
that all of the requested information has been submitted, and the applicant is requesting
an additional variance to the sideyard setback requirements for the roof overhang, along
with the previous requests.
The following exhibits were introduced, in addition to exhibits from previous hearings:
Exhibit 1: Staff report
Exhibit 2: Application for variance
Exhibit 3: Staff letter dated July 2, 2003
Exhibit 4: Applicant's response to the July 2°d letter
Exhibit 5: DNR letter dated August 14, 2003
Exhibit 6: DNR letter dated October 22, 2003
Mike Waterman and Bruce Lenzen were sworn in. Waterman, attorney for Swenson,
stated that the vacant lot was approved by the county when this subdivision was platted,
long before the ordinance was enacted,making this a classic hardship case, and believes
without granting the requests, this could constitute a"taking". A meeting was held with
the DNR attorneys and an agreement was reached to allow construction of a residence on
this property. This agreement is spelled out in a letter dated October 29, 2002, from the
Department of Justice. Waterman is concerned that the DNR is now going back on their
word. Lenzen has addressed all of the concerns of the DNR, and the Board, and
Waterman believes this to be a reasonable plan, that complies with the DNR requests.
Lenzen addressed the letter from the county stating the reasons for the request being
tabled at the June 2003 hearing. He went over a list of the adjacent homes and their
footprint sizes, stating that the proposed home is 1946 square feet. Most of the
neighboring homes are over 2,000 square feet, and many of these homes are two story or
multi level homes. The proposed home has been designed so that the drainage off of the
roof will be taken care of properly. The Land and Water Conservation Department has
reviewed and approved of all of the plans. The DNR has also stated no objection to the
plans. The Town of Troy has recommended approval of the requests.
Mary Hense, David Hense, Robert Fleming and Gary Carlson, being duly sworn, stated
their objections as follows: no hardship, lot should remain vacant as has been vacant for
years, residence too large for the lot,runoff from the roof. Fleming entered Exhibit 7 into
the record, which was a letter dated November 18, 2002 from neighboring property
owners,with attachments, and Exhibit 8, a drawing of the proposed home.
Eunice Post,being duly sworn, spoke on behalf of the DNR. She stated that the
department is not objecting to the requests.
4
Lenzen added that the plans for the home have been designed by professional engineers.
A bond will be put in place for the project. Lenzen stated that he is responsible for the
project for 5 years after the construction of the home is completed, pursuant to the
agreement with the DNR.
Pete Kling, Land and Water Conservation Department, explained that he is comfortable
with all of the plans and that the plans are designed so that the runoff will drain away
from the adjoining property owners.
The Board will view the site.
The Board recessed from 10:10 a.m. to 10:25 a.m.
Article Two: Patrick and Kitty Delaney
Eslinger explained that this is an appeal to an administrative decision to deny a land use
permit to construct a 22-foot by 24-foot garage in the St. Croix Riverway District.
The following exhibits were introduced:
Exhibit 1: Staff Report
Exhibit 2: Application for appeal
Exhibit 3: Location map
Exhibit 4: October 3, 2003 letter from Barry Lundeen
Exhibit 5: October 7,2003 letter from Eslinger
Exhibit 6: October 16, 2003 letter from Lundeen
Eslinger went over the letter dated July 10, 2003 to Delaney's denying the land use
permit, and stating that a variance from the bluffline setback requirements was needed in
order to construct the garage. Eslinger added that the DNR concurs with the zoning staff
on this decision.
Greg Timmerman, Corporation Counsel, explained that landowners have a right to appeal
an administrative decision through this Board.
Mike Waterman and Kitty Delaney were sworn in. Waterman is the attorney
representing the Delaneys. He entered photos of the property as Exhibit 7. Waterman
went over a map of the property pointing out where the garage is to be located, and
stating that it needs to be determined whether there is a bluffline issue or not(the map
was labeled as Exhibit 8). He went over the statutory criteria for the definition of a
bluffline, stating that the 12% slope shown on the map does not constitute a bluffline by
ordinance because it is visually inconspicuous. Her further stated that no one has ever
certified that there is a bluffline.
Kitty Delaney went over the photos of the property with the Board, reiterating that the
slope is not visible from the water. The location of the proposed garage is behind the
home, and cannot be seen from the water. Delaney went through the steps that have
gotten them to this point, stating that they believe there is not a bluffline issue, and there
are no maps that specify a bluffline. They have lived on the property for 20 years, and
have converted their summer home into a year round home, and would like to have a
garage for their vehicles.
5
There were no public objections to the request. The Board will view the site.
Article Three: Alice Lewerenz
Eslinger told the Board that this request is for a 10-foot variance to the 133-foot Class D
highway setback requirements. The applicant is requesting to be allowed to construct a
19.5-foot by 25.5—foot addition on the existing dwelling. The proposed addition would
be parallel to the road, making the structure no closer to the road than it now is. The
Town of Stanton has recommended approval of the request.
Alice Lewerenz,being duly sworn, is the owner of the property. She reiterated that she
would like to add onto the first floor of the home, as all of the bedrooms are on the
second floor, and as she gets older, she would like to have a bedroom for herself on the
first floor. The proposed location for the addition, on the east and south side, is the only
place that the existing structure could be added onto.
There were no objections to the request. The Board will view the site.
Article Four: Paul T.Hanson
Eslinger presented this request to the Board, stating that the applicant is requesting a
special exception permit to construct 13 new commercial mini-storage buildings on an
existing commercial site.
The following exhibits were introduced:
Exhibit 1: Staff report
Exhibit 2: Application
Exhibit 3: Photos
Exhibit 4: Location map
Exhibit 5: Letter from the City of New Richmond
Eslinger went over the staff report with the Board. This property abuts the City of New
Richmond, and in a letter from the City, they have asked that a buffer be provided along
the property line that adjoins the city parkland. The Land and Water Conservation
Department has reviewed and approved of the stormwater plans for the project.
According to the plans submitted by Matt Hieb of ACA Engineering, there will be 41%
green space after the site is developed,with a mixture of hardwoods and evergreens
planted on the site. The zoning staff has received verbal confirmation from the Richmond
town clerk that the Town Board has recommended approval of the request, and a letter
will be sent to zoning.
Matt Hieb and Paul Hanson were sworn in. Hieb went over the site plan with the Board,
pointing out the location of the buildings, fences and stormwater ponds. The buildings
will be constructed as demanded. Discussion held with the Board on screening. The
applicant has no problem with screening the property, but stated it would be difficult to
put trees near the existing sheds, as there would not be enough room. The proposed sign
dimensions are 4-foot by 5-foot.
There were not objections to the request. The Board will view the site.
Article Five: Donald Anderson
This request is for a special exception permit to expand an existing commercial business
6
known as Anderson Heating and Air Conditioning in the Town of St. Joseph. The
request is for a 40-foot by 134-foot addition onto an existing commercial building for
additional warehouse space for the business. The original special exception permit was
granted in 1994.
The following exhibits were introduced:
Exhibit 1: Staff Report
Exhibit 2: Special exception application
Exhibit 3: Location map
Exhibit 4: Photos
Exhibit 5: LWCD letter dated October 17, 2003
Exhibit 6: Letter from the Town of St. Joseph recommending approval of the request
(handed out to the Board).
Exhibit 7: Letter from Don Schmitt, licensed plumber
Exhibit 8: Parking proposal
Eslinger went over the staff report with the Board. The adjacent sites to the property are
zoned commercial. The Board reviewed the site plan and stormwater plans.
Pete Kling, LWCD, stated that he has reviewed the erosion control plans and they look
good. Kling will work with Anderson on stormwater plans on seeding issues, and size of
stormwater pond.
Donald Anderson, sworn in, is the owner of the property. He explained to the Board that
the septic drainfield meets all required setbacks. Don Schmitt, licensed plumber,
inspected the current septic system and certified that it is in proper working order and has
been designed properly for the size of the business. Anderson stated that he has 25
employees.
Anderson explained that the expansion of the building is for warehouse only,not for
added retail business or more employees. He asked that the Board allow him to have a
total of 32 parking spots, rather than 67, as that is more than adequate for the business.
There were no objections to the request. The Board will view the site.
Article Six: Albert Severson/Mark Lewis(B & L Liquor)
Eslinger explained that this request is for a 50-foot variance to the road right-of-way of
STH 35, a variance to the parking requirements, and a special exception use permit to
expand B and L Liquor.
The following exhibits were introduced:
Exhibit 1: Staff Report
Exhibit 2: Applications, Variance and Special Exception
Exhibit 3: Photos
Exhibit 4: LWCD letter dated October 17, 2003
Exhibit 5: Letter from the Town of St. Joseph recommending approval of the
requests
Eslinger went over the staff report. The applicant is asking to remove the existing liquor
store and construct a new building on the site. The new structure would be set back
farther from the road than the existing structure. The applicant has been working with
ACA Engineering on the plans for this project. The applicant has also asked for a
reduction in parking spaces from 50 to 26. The Town of St. Joseph has also requested
that the Board allow a reduction in parking areas to alleviate a park and ride situation, or
having cars sold from this lot.
Tom Hubbard,being duly sworn, is with ACA Engineering and representing the
applicant. The applicant has received approval from the Town of St. Joseph. The
business has been there approximately 50 years. Hubbard went over the plans for the
project with the Board. The septic system will be moved to a better location. A
landscaping plan has been provided. He stated that the nature of the business would allow
for 26 parking spaces rather than 50, as people are in and out of the building quickly.
Kling went over suggestions for landscaping the area. Hubbard stated that all lighting
will be illuminate downward. Signs will be located on the two faces of the building, and
will be 2-feet by 4-feet in size. The applicant will work with the Town on the existing
PackerNiking sign on the property.
There was no public objection to the request. The Board will view the site.
Article Seven: Wildwood View,Inc/Sarin Valley Mini Storage,LLC/Gerald Falde
Eslinger presented this application to the Board stating that it is a request for an after-the-
fact special exception permit to allow the expansion of an existing mini storage business.
The additional property was recently rezoned to commercial. The applicant has already
constructed the mini storage units on the property.
The following exhibits were introduced:
Exhibit 1: Staff Report
Exhibit 2: Application
Exhibit 3: Location Map
Exhibit 4: Land and Water Conservation Dept. e-mail dated October 14, 2003
Eslinger went over the staff report. The staff has some concerns on the stormwater issues
and erosion control measures. The staff has not heard from the Town of Eau Galle on
this application. The Board cannot make a decision on this application until a town
recommendation is received.
Laurel Falde, being duly sworn, is an owner of the business. She presented a copy of a
letter from the Town of Eau Galle recommending approval of the request. This letter was
labeled as Exhibit 6, and reviewed by the Board. She explained that the building was
constructed without this permit, as they believed that the property was zoned commercial,
and the building was allowed. They have a total of 5-acres that is zoned commercial.
Steve Olson, LWCD, stated that he has some concerns with the erosion on the site and
this needs to be taken care of. An e-mail from Jack Walkky, civil engineer,was read into
the record and labeled as Exhibit 7.
The Board will view the site.
Article Eight: Julie Orf
s
This request is for an after-the-fact special exception permit for filling and grading in the
shoreland area of Squaw Lake. Eslinger went over the staff report explaining that fill was
placed below the ordinary high water mark on the lake, without a permit, and that is a
violation. The county is asking to have the area restored back to the original state. The
Town of Star Prairie supports leaving the project as it now is, and allowing the fill to
remain.
Eslinger read an e-mail dated October 17, 2003, from the DNR. They concur with the
zoning staff, stating that the fill should be removed and the site restored back to the
original state.
Julie Orf and Seth Brinkman, being duly sworn, are the owners of the property. They
presented photos of the property and letters from people supporting the project. These
were labeled as Exhibit 4 and 5, respectively. The fill was placed in the shoreland mid-
July of this year, and they would like to keep the fill there and add native plantings. It is
now seeded with grass and oats. They have been to the Squaw Lake Rehab District and
discussed this project with them,but have not received a letter back on it.
Pete Kling explained to the Board that the shoreland areas of Squaw Lake are vital to the
fish, so filling and grading of any kind in the shoreland hurts the lake. He has worked on
Squaw Lake projects for the past six years and knows this lake very well. The LWCD has
many concerns with the fill being left in the shoreland.
Dick King, being duly sworn, is a supervisor on the county board for the 10`h District, is
on the Squaw Lake Rehab District Board and is on the Star Prairie Town Board. The
town has recommended approval of the project, and thinks that the filling has improved
the look of the property.
Steve Olson, LWCD, reiterated Kling's concerns that the fill placed below the OHWM is
hard on the lake habitat.
Burgee Amdahl, being duly sworn, is Orf s dad and also lives on the lake. He believes
that this filling has improved the look of the property and will help to control the
mosquitoes.
Eunice Post, being previously sworn, is with the DNR, and concurs with zoning and
LWCD concerns. She stated that filling in a lakebed is prohibited and the fill needs to be
removed and the site restored to its original state.
The Board will view the site.
The Board recessed from 1:20 p.m. to 5:15 p.m. to view the sites.
The Board reconvened at 8:30 a.m. on Friday, October 24`h to render decisions.
DECISIONS:
Old Business: Rvan and Rachel Flattum
Motion by Golz, seconded by Krueger to deny the variance and special exception request
based on the following findings:
9
th
1. The applicants are Ryan and Rachel Flattum, whose address is 1199 64 Street,
Hudson, WI 54016.
2. The property is located in the NE '/4 of the NW 1/4, Section 3,T29N-R19W, Town of
St. Joseph.
3. An application was made for a 180-foot variance from the 500-foot setback
requirement from any pre-existing neighboring residence for a major home
occupation.
4. An application was made for a special exception permit to allow a major home
occupation for an automotive repair business to be operated from the pole shed on
the property.
5. The Board of Adjustment finds that the request for the 180-foot variance does not
conform with the requirements granted under Section 17.15(6)(s) and 17.155 of
the St. Croix County Zoning Ordinance.
6. The Board finds that by denying the variance request for the setback requirement
from any pre-existing neighboring residence for a major home occupation,the Board
cannot grant the special exception request for the major home occupation pursuant to
Section 17.155.
7. The Board finds that it is important to the neighborhood that the 500-foot
requirement be met for this type of business. An automotive repair business
would not be compatible, and is out of character, with the surrounding land uses.
The property is located in the Buck Hill subdivision.
8. The Board finds that if this variance was granted, and the major home occupation
permitted, it would be contrary to the public interest. The Willow River is in
close proximity to this property. Further, the property abuts land that is owned by
the Wisconsin Department of Natural Resources and is a State Park.
9. The Board finds that there are environmental concerns due to wastewater run off
from the business not being adequately disposed of.
10. There was opposition by residents of the Town of St. Joseph.
11. The Board finds that the spirit and intent of the ordinance would not be met by
granting this variance. The applicant did not demonstrate that a hardship would exist
in the absence of a variance, as the applicant has reasonable use of the property. The
Board further finds that the spirit and intent of the ordinance would not be met by
granting the special exception request for a major home occupation, due to the fact
that the variance needed to be approved to allow the business to exist at this location.
The following vote was taken to deny: Peterson, yes; Krueger, yes; Marzolf, yes; Golz,
yes; Chairperson Speer, yes. Motion carried.
Article One: Geraldine Swenson/Bruce Lenzen
Motion by Speer seconded by Peterson to approve all requests for variances and special
exceptions based on the following findings:
1. The applicants are Geraldine Swenson,owner,and Bruce Lenzen,owner's agent.
2. The property is on Cove Road in Government Lot 1, Section 24, T28N-R20W,
Town of Troy. The property is a.45 acre lot approximately 90-feet by 210-feet, and
is vacant.
3. The lot was created as part of the St. Croix Cove subdivision that was recorded in
the St. Croix County Register of Deeds Office on April 22, 1957, and is a
substandard lot under today's standards.
10
4. The lot is zoned agricultural residential and is also located in the St. Croix Riverway
District.
5. The following applications were made to allow a residence to be constructed on
the lot:
Item#1 Variance to the ordinary high water mark setback and bluffline
requirements in St. Croix County Zoning Ordinance Section 17.36 (5)(c) 1.
Item#2 Variance to the restriction on grading on slopes in excess of 12 % in St.
Croix County Zoning Ordinance Section 17.36 (5) (1) (1)b.
Item#3 Variance to the side yard setback requirement in the St. Croix County
Zoning Ordinance Section 17.36 (5) (g).
Item#4 Special Exception request for rock riprapping for shoreline protection
pursuant to Section 17.36(6) (a) 3.
Item#5 Special Exception request for a permit to construct a stairway on the
property to allow access to the St. Croix River pursuant to Section 17.36 (6) (a) 4.
Item #6 Special Exception request for filling and grading in the St. Croix River
District and shoreland area pursuant to Section 17.36(6)(a)3 and 17.36(5)(1).
6. The Board cannot grant a variance or special exception use in the St. Croix
Riverway District over the objection of the Wisconsin Department of Natural
Resources (DNR), as provided in Section 17.36(6)(f)2 of the St. Croix County
Zoning Ordinance. The DNR stated in writing, and verbally at the hearing,that they
have no objections to the requests. Further,a letter dated October 29,2002, from the
Department of Justice Assistant Attorney General, stated that the DNR would not
object subject to six conditions,which conditions have all been met.
7. The applicant has applied for the proper permits through the DNR and Army
Corps of Engineers.
8. The St. Croix County Land and Water Conservation Department (LWCD) has
reviewed and approved the grading and erosion control plans for the project.
9. The Town of Troy has recommended approval of the requests.
10. The lot qualifies under Section 17.36(5)(n) as a building site.
11. The applications for special exception use permits comply with Section
17.36(6)(d).
12. The variances are not contrary to the public interest and special conditions exist
such that a literal enforcement of the ordinance would result in unnecessary
hardship:
a. The lot was created in 1957.
b. The lot has no reasonable use without the variances.
C. The ordinance allows substandard lots to be developed.
d. The residence is compatible with the neighborhood.
e. The size of the structure is comparable to neighboring structures on
similarly sized lots.
f. The residence, water runoff, and erosion control plans have been designed
by professional engineers and have been reviewed and approved by all
appropriate agencies.
The special exceptions are granted with the following conditions:
1. This permit allows the applicant to fill and grade in the St. Croix Riverway
District to construct a single family residence, to install a stairway to access the
river, and to place rip rap along the shoreline for erosion protection.
2. The applicant must submit a revised screening plan for the stairway using
compatible native species that will screen the stairs within 5 years.
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3. The applicant shall comply with conditions outlined in the DNR letter dated
August 14, 2003.
4. The applicant shall install the Best Management Practices (BMP's)prior to
commencing grading activities. The BMP's shall remain in place until the site is
completely established.
5. A financial guarantee equal to 120%of approved construction estimates must be
submitted to St. Croix County,to be held by the Zoning Office for the erosion
control, landscaping and grading activities (improvements) to ensure proper
construction. The initial financial guarantee period shall be for a minimum of one
year and shall automatically renew until the county releases any or all of the
financial guarantee. The County may retain a portion of the guarantee for a period
not to exceed two years after final acceptance of an improvement to ensure
stabilization; this amount will not exceed 15%of the cost of the improvement.
6. Written construction estimates must be submitted to the Zoning office for review
and approval.
7. No construction,including earth moving, shall take place prior to approval of the
financial guarantees.
8. The applicant shall have the engineer submit written proof that the plans were
installed as approved. The proof can be submitted in the form of an as-built
drawing or other document that county staff can review to ensure the plans were
installed in accordance with the original design.
9. Upon substantial completion of all required improvements, the applicant shall
notify the County Zoning Administrator of the completion of the improvements in
writing. The County Zoning Administrator, in consultation with appropriate
experts, shall inspect the improvements.
10. Prior to beginning any work, the applicant must schedule an on-site pre-
construction meeting that includes the landowner, contractor, engineer, architect,
and St. Croix County Zoning Office and LWCD staff members. Items to be
discussed include,but are not limited to, coordinating installation of BMP's,
construction timelines,roles and responsibilities of owner, engineer, architect,
contractor, etc.
11. The applicant shall provide the Zoning Office with the name and phone number
of the person responsible for installing and maintaining the erosion control plan.
12. The applicant shall follow the plans approved by the LWCD.
13. The applicant shall obtain all necessary approvals from the DNR and the US
Army Corps of Engineers. This includes all renewals.
14. The applicant must secure a sanitary permit from the Zoning Office and a
building permit from the deputy county zoning administrator in the Town before
commencing construction.
15. The access easement must remain passable at all times during construction.
16. The Zoning Office is to be notified at the start and the finish of the project.
17. Any minor change or addition to the project, including but not limited to design of
the structure, shall require review and approval by the Zoning Administrator and
the LWCD prior to making the change or addition. Any major change or addition
to the originally approved plan will require Board of Adjustment review and
approval.
18. The applicant shall have one(1)year from the issuance of the special exception
permit to commence construction. Failure to do so shall result in expiration of the
special exception permit. If the special exception permit expires before
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construction commences,the applicant will be required to secure a new special
exception permit before starting or completing construction on the project.
19. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
The following are conditions agreed to by the Department of Natural Resources and
the applicant, and are made a part of this decision. These conditions must be
monitored and enforced by the DNR.
1. A deed restriction must be filed with the deed for the property that states the
proposed structure is allowed to be repaired and maintained,but prohibits any
addition or expansion of the structure in the future. This condition will not be
binding in the event there is an administrative rule change,which would allow
expansions or additions in the future. Applicant shall submit proof to the County
and DNR that this condition has been met.
2. A vegetation maintenance and management plan is required to be submitted to the
DNR for review. The plan shall address future maintenance of all vegetation,
including trimming, watering, feeding, and disease/pest protection.
3. Any property owner of this property must submit photos to the DNR from the
same vantage points once each year after construction is completed for five years
to ascertain if the vegetation that previously existed and that new plantings are
sufficient to render the structure visually inconspicuous.
4. The driveway may not exceed 12 feet in width.
The following vote approved the application: Peterson, yes; Marzolf, no; Krueger, no;
Golz, yes; Chairperson Speer,yes.
Article Two: Patrick and Kitty Delaney
Motion by Krueger, seconded by Peterson to reverse the administrative decision and to
grant a land use permit to allow a garage to be built on the property, based on advice from
Corporation Counsel,and the following findings:
1. The proposed garage location is visually inconspicuous, thus the 12% slope shown
on the surveyed site plan does not constitute a bluffline by ordinance definition.
2. The approval of this project will not affect the public health, safety and welfare of
the residents of St. Croix County.
3. This approval will not change the character of the neighborhood.
4. There were no objections to the request.
The following vote was taken to approve: Marzolf, yes; Golz, no; Peterson, yes; Krueger;
yes; Chairperson Speer,yes. Motion carried.
Article Three: Alice Lewerenz
Motion by Golz, seconded by Marzolf to approve the variance request based on the
following findings:
1. The applicant is Alice Lewerenz,whose address is 1553 210'h Ave.,New Richmond,
WI 54017.
2. The property is located in the NW '/4 of the NE '/4, Section 20, T31N-R17W, Town
of Stanton.
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3. An application was made for a 10-foot variance from the 133-foot setback
requirement to a Class D Highway to add an addition onto an existing dwelling.
4. The addition to the dwelling is no closer to the road than the existing structure,
therefore,will not increase the non-conformity of the structure.
5. The Town of Stanton has recommended approval of the request.
6. The variance is very minimal and not contrary to the public interest and literal
enforcement of the ordinance would result in unnecessary hardship. The addition
is a good fit for the home and would allow a bedroom on the main floor of the
home.
7. There was no opposition to the request.
8. The Board of Adjustment finds that the request conforms with the requirements
granted under Section 17.64(1)(d)2 of the St. Croix County Zoning Ordinance,
and the spirit and intent of the ordinance would be met.
The following vote was taken to approved: Krueger,yes; Peterson, yes; Marzolf, yes;
Golz,yes; Chairperson Speer,yes. Motion carried.
Article Four: Paul Hanson
Motion by Golz, seconded by Krueger to approve the request for a special exception
permit to expand an existing mini-storage facility in the commercial district based on the
following findings:
1. The applicant is Paul Hanson. The site address is 1703 140`" Street,New Richmond,
WI 54017.
2. The property is located in the SW '/4 of the SW 1/4, Section 1, T30N-R19W, Town of
Richmond.
3. An application was made for a special exception permit to expand an existing mini-
storage facility in the commercial district.
4. The Town of Richmond has recommended approval of the request.
5. The plans for the expansion of the business have been designed by professional
engineers.
6. The LWCD have reviewed and approved the plans for the project.
7. The Board finds that the applicant has addressed all of the concerns raised by the
City of New Richmond.
9. There was no opposition to the request.
10. The Board of Adjustment finds that the request conforms with the requirements
granted under Section 17.18(1)(e) of the St. Croix County Zoning Ordinance, and
the spirit and intent of the ordinance would be met.
With the following conditions:
1. This permit allows the applicant to construct thirteen(13) additional mini storage
units and to allow the existing residence to be used as a caretaker's quarters at
1703 1400' Street,New Richmond, WI. Construction must be competed by
October 2008. If construction is not completed by October 2008, an
administrative review of the project will be required.
2. A financial guarantee equal to 120%of approved construction estimates must be
submitted in favor of St. Croix County, to be held by the Zoning Office for the
erosion control and grading activities (to ensure proper construction). The initial
financial guarantee period may be for a minimum of one year and shall
automatically renew until the county releases any or all of the financial guarantee.
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• Written estimates must be submitted to the Zoning office for review and
approval.
• No construction, including earth moving, shall take place prior to approval
of the financial guarantees
• The applicant shall have the engineer submit proof that the plans were
installed as approved. This document can be submitted in the form of an
as-built or other document that county staff can review to ensure the plans
were installed in accordance with the original design.
• Upon substantial completion of all required improvements, the applicant
shall notify the County Zoning Administrator of the completion of the
improvements in writing. The County Zoning Administrator, in
consultation with appropriate experts, shall inspect the improvements.
• The County may retain a portion of the guarantee, for a period not to
exceed two years after final acceptance of an improvement to ensure the
project has been stabilized, this amount is not to exceed 15%of the cost of
the improvement(erosion control and grading activities).
3. The applicant must record a storm water management plan and a drainage
easement for the permanent storm water control structures against the deed for the
property. The applicant is responsible to provide a recorded copy to the Zoning
Office within 60 days of the completion of the final grading. The intent is to
make the current and future owners aware of the responsibilities associated with
the storm water management plan as well as the limitations (filling, grading, etc.)
the landowner incurs as a result of the plan.
4. Prior to beginning any work, the applicant must schedule an on-site pre-
construction meeting that includes the landowner, contractor, engineer, architect,
and St. Croix County Zoning and/or LWCD staff members. Items to be discussed
include but are not limited to coordinating installation of BUT's, construction
timelines,roles and responsibilities of owner, engineer, architect, contractor, etc.
5. The applicant shall provide the Zoning Office with the name and phone number
of the person responsible for installing and maintaining the erosion control plan.
6. The applicant shall receive approval for the building plans from the Wisconsin
Department of Commerce. Applicant shall submit a copy of the state approved
building plans to the Zoning Office prior to commencing construction.
7. The applicant must secure a township building permit before commencing
construction.
8. Outdoor storage is not permitted.
9. Renting moving vans or trucks from the site is not permitted.
10. No retailing or operating a business from a storage unit is allowed onsite.
11. The applicant shall provide a hard surface(asphalt/concrete)on all interior
driving areas within six months of the completion of such buildings(Mini-storage
facility). Each building requires hard surfacing around the perimeter within 6
months of completion.
12. All utilities, including electric, cable television, telephone, gas,water, storm and
sanitary sewers, except electric power lines exceeding 1200 volts, shall be
underground [sec. 17.18 (1)(f)4.]
13. The property shall be kept in a neat and orderly manner.
14. The applicant shall submit a screening plan to the zoning department for review
and approval. The plan is to include two rows of staggered evergreens, 15-foot on
center on the south and east side'of the property(a mix of balsam fir and spruce).
15
A row of arborvitae is to be placed on the north side of the property, 4-foot on
center.
15. The cumulative onsite signage advertising the business shall not to exceed 100
square feet, and maximum height of 35 ft. This sign must be located a minimum
of 10 ft. from all property lines. Any other signage must be approved by the
zoning department and must strictly adhere to the St. Croix County Signage
Ordinance.
16. This approval does not include storage of hazardous materials onsite.
17. Security lighting to be installed. Lighting must be illuminated downward and is
to be shielded away from neighboring properties. The lighting on the existing
mini-storage unit should match the box style lighting proposed for the remaining
buildings.
18. The applicant shall have the zoning administrator review this special exception
permit in two years from the approval date for compliance with this approval
(October 2005).
19. Any change(or addition)in use, or expansion of the project, including building,
signage, shall require review and approval by the zoning administrator and in
some circumstances through the Special Exception approval process,where
applicable, as stated in the ordinance.
20. The applicant shall have one(1)year from the issuance of the special exception
permit to commence the construction activities. Failure to do so shall result in
revocation of the special exception permit. If the special exception permit expires
before construction commences,the applicant will be required to secure a new
special exception permit before starting or completing the project.
21. These conditions may be amended or additional conditions may be added if
unanticipated conditions 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.
22. 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: Marzolf, yes; Peterson, yes; Krueger, yes; Golz,
yes; Chairperson Speer,yes. Motion carried.
Article Five: Donald Anderson
Motion by Krueger, seconded by Golz to approve the request for a special exception
permit to expand an existing commercial business based on the following findings:
1. The applicant is Donald Anderson. The site address is 1446 7th Street, Houlton, WI
54082.
2. The property is located in the NW t/4 of the SE '/4, Section 22, T30N-R20W, Town
of St. Joseph.
3. An application was made for a special exception permit to expand an existing
commercial business known as Anderson Heating and Air Conditioning.
4. The Town of St. Joseph has recommended approval of the request.
5. The plans for the expansion of the business have been designed by professional
engineers.
6. The LWCD has reviewed and approved the plans for the project.
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7. The Board finds that the business is compatible with the surrounding uses, and that
there have been no complaints with the existing business. The area is kept very neat
and orderly.
8. There was no opposition to the request.
9. The Board of Adjustment finds that the request conforms with the requirements
granted under Section 17.18(1)(e)2 of the St. Croix County Zoning Ordinance,
and the spirit and intent of the ordinance would be met.
With the following conditions:
1. This permit allows Anderson Heating and Air Conditioning to add a 40-foot by
134-foot addition onto the existing building and to construct the storm water
retention basin.
2. Before this permit is valid, the applicant shall address the LWCD concerns listed
in an email dated October 17, 2003.
3. A financial guarantee equal to 120%of approved construction estimates must be
submitted in favor of St. Croix County,to be held by the Zoning Office for the
erosion control and grading activities (to ensure proper construction). The initial
financial guarantee period may be for a minimum of one year and shall
automatically renew until the county releases any or all of the financial guarantee.
• Written estimates must be submitted to the Zoning office for review and
approval.
• No construction, including earth moving, shall take place prior to approval
of the financial guarantees
• The applicant shall have the engineer submit proof that the plans were
installed as approved. This document can be submitted in the form of an
as-built or other document that county staff can review to ensure the plans
were installed in accordance with the original design.
• Upon substantial completion of all required improvements,the applicant
shall notify the County Zoning Administrator of the completion of the
improvements in writing. The County Zoning Administrator, in
consultation with appropriate experts, shall inspect the improvements.
• The County may retain a portion of the guarantee, for a period not to
exceed two years after final acceptance of an improvement to ensure the
project has been stabilized,this amount is not to exceed 15%of the cost of
the improvement(erosion control and grading activities).
4. The applicant must record a storm water management plan and a drainage
easement for the permanent storm water control structures against the deed for the
property. The applicant is responsible to provide a recorded copy to the Zoning
Office within 60 days of the completion of the project. The intent is to make the
current and future owners aware of the responsibilities associated with the storm
water management plan as well as the limitations (filling, grading, etc.) the
landowner incurs as a result of the plan.
5. The applicant shall provide the Zoning Office with the name and phone number
of the person responsible for installing and maintaining the erosion control plan.
6. The applicant must secure a township building permit before commencing
construction.
7. Applicant is required to have 27 parking spaces,but will be providing 32 spaces
to comply with the parking requirements for future needs of the business. There
will be no truck parking allowed on 7th Street.
17
8. Applicant to maintain proper state licensing to operate the business.
9. The property shall be kept in a neat and orderly manner.
10. The cumulative onsite signage advertising the business shall not to exceed 100
square feet, and maximum height of 35 ft. This sign must be located a minimum
of 10 ft. from all property lines. Any other signage must be approved by the
zoning department and must strictly adhere to the St. Croix County Sign
Ordinance.
11. This approval does not include storage of hazardous materials onsite.
12. All outside storage must be screened.
13. All utilities, including electric,cable television, telephone, gas,water, storm and
sanitary sewers, except electric power lines exceeding 1200 volts, shall be
underground [sec. 17.18 (1)(f)4.]
14. Security lighting to be installed. Lighting must be illuminated downward and is
to be shielded away from neighboring properties. (A light plan may be required,
if warranted).
15. Any change(or addition)in use, or expansion of the project, including building,
signage, shall require review and approval by the zoning administrator and in
some circumstances through the Special Exception approval process,where
applicable, as stated in the ordinance.
16. The applicant shall have one(1)year from the issuance of the special exception
permit to commence the business. Failure to do so shall result in revocation of the
special exception permit. If the special exception permit expires before business
commences, the applicant will be required to secure a new special exception
permit before starting or completing the project.
17. These conditions may be amended or additional conditions may be added if
unanticipated conditions 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.
18. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision. By accepting this approval the owner(s) are
ultimately responsible for compliance with the conditions of this approval.
The following vote was taken to approve: Peterson, yes; Marzolf, yes; Golz, yes;
Krueger,yes; Chairperson Speer,yes. Motion carried.
Article Eight: Julie Orf
Motion by Golz, seconded by Speer to deny the request for an after-the-fact special
exception permit for filling and grading in the Squaw Lake Shoreland based on the
following findings:
1. The applicant is Julie Orf. The site address is 2150 Shore Drive, Somerset, WI
54025.
2. The property is located in Lot 6 and 7,of Wigwam Shores, in the SE 1/4 of the NE 1/4
of Section 17,T31N-R18W,Town of Star Prairie.
3. An application was made for a special exception permit for an after-the-fact permit
for filling and grading in the Shoreland area of Squaw Lake to allow existing fill to
remain on the site.
4. The LWCD and the DNR have opposed of the request and has asked that the fill
be removed and the site be restored to its original state.
18
0
5. The Board finds that the county staff had informed the applicant of the wetland
issues before the fill was brought into the site.
6. The Board finds that this is an environmentally sensitive area and by filling in this
shoreland area, it would have negative impacts on the habitat in Squaw Lake.
7. The Board of Adjustment finds that the request does not conform with the
requirements granted under Section 17.29(2)(a) of the St. Croix County Zoning
Ordinance, and if the permit was granted, the spirit and intent of the ordinance
would not be met. The applicant is to remove the existing fill and restore the
property to its original state.
The following vote was taken to deny the request: Krueger, yes; Marzolf, yes; Peterson,
yes; Golz, yes; Chairperson Speer, yes. Motion carried.
Chairperson Speer was excused at 11:00 a.m. and Vice Chairperson Krueger took over
the proceedings.
Article Six: B & L Liquor/Albert Severson/Mark Lewis
Motion by Golz, seconded by Peterson to approve the requests for the special exception
permit and variances based on the following findings:
1. The applicant is B & L Liquor. The site address is 1369 Highway 35, Houlton, WI
54082.
2. The property is located in the NW I/4 of the NE 1/a, Section 27, T30N-R20W, Town
of St. Joseph.
3. An application was made for a special exception permit to expand an existing
commercial business known as B &L Liquor.
4. The Town of St. Joseph has recommended approval of the request.
5. The plans for the expansion of the business have been designed by professional
engineers.
6. The LWCD has reviewed and approved the plans for the project.
7. The Department of Transportation has approved of the request.
8. The Board finds that the applicant will be improving the existing commercial site.
9. The Board finds that there is a hardship in this case, as there is nowhere on the site
that a building could be located without a variance to the road setbacks. By granting
the variance, the applicant will be making the structure less non-conforming by
physically moving the building further back on the property.
10. The Board finds that a variance to the required number of parking spaces should be
granted, and that 26 parking spaces will be required rather than 50. The nature of the
business does not require that a large number of parking spaces is needed. The
applicant is willing to put up signage to alleviate the park and ride issue and to
prohibit selling of vehicles from the property.
11. There was no opposition to the request.
12. The Board of Adjustment finds that the request conforms with the requirements
granted under Section 17.18(1)(e) and 17.64(1)(b)2 of the St. Croix County
Zoning Ordinance, and the spirit and intent of the ordinance would be met.
With the following conditions for the special exception permit:
1. This permit allows B and L Liquor to construct a 10,000 square foot building and
improvements as designed and approved.
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2. Before this permit is valid, the applicant shall address the LWCD concerns listed
in an email dated October 17, 2003.
3. A financial guarantee equal to 120%of approved construction estimates must be
submitted in favor of St. Croix County, to be held by the Zoning Office for the
erosion control and grading activities (to ensure proper construction). The initial
financial guarantee period may be for a minimum of one year and shall
automatically renew until the county releases any or all of the financial guarantee.
• Written estimates must be submitted to the Zoning office for review and
approval.
• No construction, including earth moving, shall take place prior to approval
of the financial guarantees
• The applicant shall have the engineer submit proof that the plans were
installed as approved. This document can be submitted in the form of an
as-built or other document that county staff can review to ensure the plans
were installed in accordance with the original design.
• Upon substantial completion of all required improvements,the applicant
shall notify the County Zoning Administrator of the completion of the
improvements in writing. The County Zoning Administrator, in
consultation with appropriate experts, shall inspect the improvements.
• The County may retain a portion of the guarantee, for a period not to
exceed two years after final acceptance of an improvement to ensure the
project has been stabilized, this amount is not to exceed 15%of the cost of
the improvement(erosion control and grading activities).
4. The applicant must record a storm water management plan and a drainage
easement for the permanent storm water control structures against the deed for the
property. The applicant is responsible to provide a recorded copy to the Zoning
Office within 60 days of the completion of the project. The intent is to make the
current and future owners aware of the responsibilities associated with the storm
water management plan as well as the limitations (filling, grading, etc.)the
landowner incurs as a result of the plan.
5. The applicant shall provide the Zoning Office with the name and phone number
of the person responsible for installing and maintaining the erosion control plan.
6. The parking lot shall not be used as a park and ride. The owner is responsible to
monitor this situation. A"customer only" sign is to be placed on the premises.
Selling vehicles from the property is not allowed.
7. The applicant must secure a sanitary permit from the County and a building
permit from the town before commencing construction.
8. Applicant to maintain proper state licensing to operate the business.
9. The property shall be kept in a neat and orderly manner.
10. The cumulative onsite signage advertising the business shall not to exceed 100
square feet, and maximum height of 35 ft. This sign must be located a minimum
of 10 ft. from all property lines. Any other signage must be approved by the
zoning department and must strictly adhere to the St. Croix County Sign
Ordinance.
11. This approval does not include storage of hazardous materials onsite.
12. All outside storage must be screened.
13. The applicant is to maintain and/or replace the existing privacy fence along the
commercial property boundary.
20
14. The applicant shall provide three additional black hills spruce along the northwest
corner of the property to provide privacy screening from the residential property
owners to the north.
15. All utilities, including electric, cable television, telephone, gas, water, storm and
sanitary sewers, except electric power lines exceeding 1200 volts, shall be
underground [sec. 17.18 (1)(f) 4.]
16. Security lighting to be installed. Lighting must be illuminated downward and is
to be shielded away from neighboring properties. (A light plan may be required,
if warranted).
17. Any change(or addition) in use, or expansion of the project, including building,
signage, shall require review and approval by the zoning administrator and in
some circumstances through the Special Exception approval process,where
applicable, as stated in the ordinance.
18. The applicant shall have one(1) year from the issuance of the special exception
permit to commence the business. Failure to do so shall result in revocation of the
special exception permit. If the special exception permit expires before business
commences,the applicant will be required to secure a new special exception
permit before starting or completing the project.
19. These conditions may be amended or additional conditions may be added if
unanticipated conditions 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.
20. Accepting this decision means that the applicant has read,understands, and agrees
to all conditions of this decision. By accepting this approval the owner(s) are
ultimately responsible for compliance with the conditions of this approval.
The following vote was taken to approve of the requests: Marzolf, yes; Peterson, yes;
Golz,yes; Vice Chairperson Krueger,yes. Motion carried.
Article Seven: Wildwood View,Inc./Gerald Falde
Motion by Peterson, seconded by Marzolf to table the request to expand an existing min-
storage facility in the commercial district,based on the following findings:
1. The Board finds that the LWCD and the zoning staff has concerns with the water
runoff on the property and erosion problems. Those concerns need to be addressed.
2. The Board finds that lighting issues are to be addressed.
3. The Board finds that hard surface issues are to be addressed.
The following vote was taken to table the request: Golz, yes; Marzolf, yes; Peterson, yes;
Vice Chairperson Krueger,yes. Motion carried.
Motion by Peterson, seconded by Marzolf to adjourn the hearing at 11:45 a.m.
Respectfully submitted:
Ri hard Peterson, Secretary Debbie Zimme ,Recording Secretary
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