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HomeMy WebLinkAbout030-1035-10-200 (2) ST fROIX C [-,,I O PLANNING & ZONING f.`::..... r,... ..;.. .. .::. .� .: .......:.; -.:i:;: atiG:tiuv:<.> ........'......... ..<:X::::<.e:,p n...;::..,..ro::.F..:�� -';;V•: ,,...f...c h>T:;<,..^.rZ'-£'.<{:...`:..<,::..,:..,, a.:.,., :. :.,..<:.`i< AEt. September 25, 2009 File Ref: SE0203 Redeemer Lutheran Church Attn: Wesley Edgar, agent 1097 CTH `A' Hudson, WI 54016 Re: St. Croix County Special Exception — Institutional Use in the Ag Residential District Code A6-4680trau Parcel#: 10.29.19.119B Town of St.Joseph 715-386-4680 � . ' P x,. Land Information& Dear Mr. Edgar: Planning 715-386-4674<• Y The St. Croix County Board of Adjustment (Board) has reviewed your request for the Real P rty. following item: 715 -4677 Special exception permit for an institutional use in the Ag Residential District pursuant to R cling Section 17.15(6)(s)of the St. Croix County Zoning Ordinance. 386-4675 After the hearing on September 24, 2009, the Board approved the request with conditions. The 4>. 1>� enclosed document is the formal decision regarding the application. You must obtain any other required local, state, and federal permits and approvals. Feel free to f contact me with any questions or concerns. x Sincerely, Pamela Quinn Zoning Specialist/Zoning Administrator Enclosures: Formal Decision cc: Clerk, Town of St. Joseph Steve Olson, St. Croix County Land and Water Conservation Department Carrie Stoltz, Wisconsin Department of Natural Resources �E •e..,>a,.fo..>,:<:...::;,:. -x:�.:;. -:.:»„r.a 'c __. r.. .� aims ST.CRO/X COUNTY GOVERNMENT CENTER 110 1 CARM/CHAEL ROAD,HUDSON, W/ 54016 715386-4686 FAX PZVCO.SA/NT-CROlX.Wl.US V W MCO.SAINT-CRCIX.WI.US FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY,WISCONSIN File: SE0203 Applicant: Redeemer Lutheran Church,property owner Parcel ID M 10.29.19.119B Complete Application Received: June 1,2009 Hearing Notice Publication: Weeks of September 7 and 14, 2009 Hearing Date: September 24, 2009 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony and considered the entire record herein,the Board makes the following Findings of Fact and Conclusions of Law pertinent to your request: 1. The applicant is Redeemer Lutheran Church,property owner, with Wesley Edgar acting as their agent. 2. The site is located on Lot 1 of CSM Vol. 20 Page 5107 in NE '/ of the NE % of Section 10, T29N, R1 9W, Town of St. Joseph, St. Croix County, Wisconsin. 3. The applicants filed an application with the Board of Adjustment for a special exception permit to construct a 7,400 square foot building to provide a new church for the Redeemer Lutheran congregation,which is allowed as an institutional use in the Ag Residential District pursuant to Section 17.15(6)(s) of the St. Croix County Zoning Ordinance. 4. The Town of St. Joseph Town Board reviewed plans at their July 2, 2009 meeting and recommended approval of the special exception request for the new church facility with conditions that any planting along Cty. Rd. A and Scott Rd.be outside the right-of-way, obtaining a permit for any new signage, lighting will be directed downward, and all runoff must be retained on the site. 5. The St. Croix County Land and Water Conservation Department staff, Steve Olson,reviewed the plans and finds the stormwater and erosion control plans to be adequate for the site. The LWCD recommends that the applicant record a stormwater operation and maintenance plan affidavit on the deed to the property. 6. This request would not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that a church is an institutional use that is reasonable and appropriate in the Ag Residential District,which the property is currently zoned.Its location on the corner of Scott Rd. and Cty.Rd. `A' makes it easily accessible to area residents.The site has proposed adequate space for parking and traffic circulation without creating any traffic hazards or public safety concerns. 7. The surrounding properties feature agricultural low-density residential uses, agricultural cropland,and commercial enterprises. The request will not have an impact on the value of surrounding properties and is compatible with the use and character of the surrounding area. With conditions for providing code- compliant on-site wastewater treatment system, construction of the storm water infiltration pond, developing and implementing a landscape plan, and providing sufficient off-street parking,this request would not negatively impact the health, safety, or welfare of the public,nor would it be substantially adverse to property values for nearby residences. 8. Downward directed lighting is proposed as part of this application.With conditions for shielding light sources from adjacent properties, screening parking areas and landscaping, and ensuring that noise is kept to a minimum for adjacent property owners,this request would not constitute a nuisance by reason of noise,dust, smoke, odor or other similar factors. • • �. 9. The applicants propose to provide dust-free,off-street parking for 52 vehicles during regularly scheduled events such as weekly church worship services.Up to five(5)employees may work on the site during weekday hours of operation. Traffic for worship services,weddings, funerals or other events will be intermittent and is not expected to have a detrimental impact on the road system.The newly created gravel parking area has already been used by neighboring property owners for special events in late 2008 and 2009. With conditions for construction of off-street parking spaces designed to accommodate the entire church facility and paving the driveway and parking lot,the applicant will meet the minimum parking standards pursuant to Section 17.57(7)of the St. Croix County Zoning Ordinance. 10. The applicant filed an addendum for a land use permit with the Board of Adjustment for filling and grading an area exceeding 10,000 square feet on slopes>12%-24.9%pursuant to Section 17.12(7)of the St. Croix County Zoning Ordinance. However, subsequent review by staff of grading plans that document original contours on the lot show that slopes average approximately 10%and land disturbance will be less than one(1)acre. Therefore,no land use permit is required for filling and grading done in 2008 and the addendum may be withdrawn. 11. With conditions for implementing and maintaining proper erosion control measures before, during, and after construction; re-vegetating the disturbed areas with native plants and/or species the same as the plants removed, and excavating the storm water infiltration pond as designed, this request will not violate the spirit or general intent of the St. Croix County Zoning Ordinance and will meet the requirements of Section 17.70(7)(a). 12. With conditions for the proper construction and long-term operation and maintenance of the storm water management structure; for completing the driveway and parking with a dust-free surface, and the replanting and long-term care and maintenance of native vegetation, the request will not be contrary to the public health, safety, or general welfare,nor will it be substantially adverse to property values in the neighborhood, or constitute a nuisance. DECISION On the basis of the above Findings of Fact,Conclusions of Law, and the record herein,the Board approved the request,with the following conditions: 1. This special exception permit allows the applicant to construct a 7,400 square foot building,parking lot, stormwater control structures, and a new POWTS. 2. Prior to commencing construction, the applicants shall obtain any other required local, state, or federal permits and approvals, including but not limited to a permit for a code-compliant sign and a sanitary permit for the POWTS. 3. Prior to commencing construction,the applicant shall submit to and have approved by the Zoning Administrator a landscaping plan to create a vegetative buffer at least 10 feet in width along the west property line that includes native evergreen trees and shrubs at least six feet in height at the time of planting to screen the parking lot from adjacent properties and retain the rural character and natural beauty of the area. The buffer shall attain at least 80%opacity at maturity. The plan should include the species, size, and location of all trees, shrubs, and groundcover to be planted on the site, as well as a timeline for the plantings and a maintenance agreement to ensure that all vegetation establishes successfully and is maintained. Upon complaint by neighboring property owners and review by the Zoning Administrator,the applicant may be required to provide additional landscaped buffers along the 2 north and south property lines. 4. Prior to commencing construction of the building, stormwater infiltration pond and/or the POWTS,the applicants shall schedule an on-site pre-construction meeting that includes the property owners, general contractor, excavator, St. Croix County Planning&Zoning,and Land and Water Conservation Department staff members. Items to be discussed include,but are not limited to, coordinating installation of erosion control,construction timelines,compliance with all other pre-construction conditions, and roles and responsibilities of all parties. 5. The property shall be maintained in a neat and orderly manner. 6. No signs are approved as part of this permit. The existing sign is free-standing and does not comply with requirements for a permanent on-premise sign pursuant to Section 17.65D.2.c. The existing sign must be replaced with a code-compliant monument design after permit application review and approval by the Zoning Administrator in accordance with Subchapter VI, Section 17.65 of the St. Croix County Zoning Ordinance. 7. All lights on the site must be downward directed and shielded away from neighboring properties to prevent glare.Only lights on the building or building overhangs at a level not to exceed the height of the lowest eaves may be left on overnight for security purposes.Lights in the parking lot shall only be on during the hours of approved events. 8. The applicants will provide paved,off-street parking for52 vehicles. 9. General hours of operation for any church-related activities or other events shall not extend beyond 7:00 AM and Midnight. 10. Upon complaints of regularly occurring, excessively loud noise at any time, the applicants shall work with the Zoning Administrator to abate the noise problem. In the event that the matter cannot be resolved administratively, the applicants shall take the matter before the Board of Adjustment at a public hearing. 11. Prior to commencing construction,the applicant shall submit a surety in the form of a cash compliance deposit in an amount of$1,100.00 to be held by the Zoning Administrator until the project has been completed and approved to be in compliance with the conditions of this permit and all applicable provisions of the Ordinance, at which time the deposit will be refunded in full. 12. Within 30 days of completing construction, the applicants shall supply an as-built drawing signed by project engineer that all improvements and stormwater components were installed as designed and shall submit photos of the site and certification from the project engineer or registered landscape architect that the project has been completed as approved. The applicants shall record the storm water management plan and operation and maintenance agreements for all storm water features and private on-site wastewater treatment systems (POWTS) against the property and shall provide a recorded copy to the Zoning Administrator. i 13. The applicant shall have one(1)year from the date of this approval to commence construction and two (2)years from the date of this approval to complete it. Failure to do so shall result in expiration of the 3 1 r 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. The applicant may request extensions of up to six months not to exceed a total of one year from the Zoning Administrator prior to the expiration of the permit in the event that additional time is needed to secure other required permits and approvals. 14. The applicants shall contact the Zoning Administrator to review this special exception permit in two years from the approval date for compliance with the conditions of this approval. These conditions may be amended or additional conditions may be added if unanticipated circumstances arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a hearing. 15. Any change in ownership of the property,change in use,or change in project details—including but not limited to expansion,landscaping,or lot/access changes—shall require prior review and approval by the Zoning Administrator and in some circumstances through the special exception approval process as stated in the Ordinance.Any minor change or addition to the project,including but not limited to design of the project, future additional parking, access changes,or POWTS location shall require review and approval by the Zoning Administrator and the Land and Water Conservation Department prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 16. 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: Hurtgen, yes; Chairperson Malick, yes;Peterson, 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(l 0),Wisconsin Statutes. St. Croix County assumes no responsibility for action taken in reliance on this decision prior to the expiration of the appeal period. St.Croix County does not certify that the identity of all persons legally entitled to notice of the Board of Adjustment proceedings,which resulted in this decision,was provided to the County. If an appeal is taken of this decision,it is the responsibility of the appellant to submit at his/her expense a transcript of the Board of Adjustment proceedings to the circuit court.The Planning and Zoning Department can be contacted for information on how to obtain a transcript. It is the responsibility of the Board of Adjustment to submit its record(file)of this matter to the circuit court. ;Z7//�az/BOARD OF ADJUSTMENT Signed: Date Filed: 9/25/09 Clarence W. "Buck"Malick, Chairperson 4 DOMG11VAL BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES September 24,2009 The meeting was called to order by Chairperson Clarence "Buck" Malick at 8:30 a.m. A roll call was made. David Peterson and Joe Hurtgen were present. Sue Nelson and Jerry McAllister were absent and excused. Staff included: David Fodroczi, Planning & Zoning Director; Kevin Grabau, Code Administrator; Alex Blackburn, Zoning Specialist; Pam Quinn, Zoning Specialist and Becky Eggen, Recorder. Staff confirmed to the Board that this was a properly noticed meeting. The next meeting for the Board is scheduled for Thursday, October 22, 2009 at 8:30 a.m. in the County Board Room of the Government Center in Hudson. Apulication #1: Dennis & Mariorie VanRoekel--Variance The applicants requested a variance to allow a livestock structure housing animal units (the barn) to be in the 200 foot setback from the property line in the Ag-Residential District in the Town of Hammond. Staff presented the application and staff report. The Town of Hammond recommended approval of the request. St. Croix Land and Water Conservation Department stated that a nutrient management plan will be needed for this dairy farm operation. The applicant has submitted the proposed CSM for approval under Land Division Ordinance and one of the conditions of approval will be the submission of a nutrient management plan. Staff recommended if the Board could make eight findings of fact and conclusions of law in the staff report and finds that a hardship does exist the variance would be granted. Dennis VanRoekel signed an oath and spoke in favor of the request. He stated diary operations are hurting and he is just trying to keep his operation going and would like to refinance without having to touch retirement accounts to keep their dairy operation operational. No one testified in opposition. Application#3: Michael G. McGuire—Special Exception The applicants requested a special exception permit for filling and grading within 40 feet of a slope preservation zone in the Lower St. Croix Riverway District in the Town of St. Joseph. Staff presented the application and staff report. The Town of St. Joseph recommended p p ended approval of the application. St. Croix County Land and Water Conservation Department reviewed the application and supported the replacement of the existing POWTS system. If all erosion control measures are installed and maintained until vegetation is re- established the project should have minimal impact on the local resource. Wisconsin Department of Natural Resources and had no concerns except to make sure proper erosion control methods are used and installed correctly and excess spoils are removed from the site. James Thompson, agent for the applicant, signed an oath and spoke in favor of the request. He testified he had no disagreements with the staff report and was available for any questions. No one testified in opposition. Application #4: Redeemer Lutheran Church—Special Exception The applicants requested a special exception permit for an institutional use to construct a new church in the Ag-Residential District in the Town of St. Joseph. Staff presented the application and staff report. The Town of St. Joseph recommended approval of the special exception request for the new church facility with conditions that any planting along County Road A and Scott Road be outside of the right-of-way, obtaining a permit for new signage, lighting will be directed downward, and all runoff must be retained on the site. St. Croix County Land and Water Conservation Department found the storm water and erosion control plans to be adequate for the site. The Department recommended the applicants record a storm water operation and maintenance plan affidavit on the deed of the property. Staff recommended approval with 12 findings of fact and conclusions of law with 15 conditions for consideration. No on testified in favor or in opposition of the request. The Board recessed for a break at 9:14 a.m. The Board reconvened at 9:26 a.m. Decisions After hearing the testimony and reviewing the material in the record, the Board rendered the following decisions: Application#4: Redeemer Lutheran Church—Special Exception Motion by Hurtgen, second by Peterson to approve the special exception for an institutional use to construct a new church in the Ag Residential District in the Town of St. Joseph based on the following finding of fact and conclusion of law: 1. The applicant is Redeemer Lutheran Church, property owner, with Wesley Edgar acting as their agent. 2. The site is located on Lot 1 of CSM Vol. 20 Page 5107 in NE '/ of the NE '/a of Section 10, T29N, R19W, Town of St. Joseph, St. Croix County, Wisconsin. 3. The applicants filed an application with the Board of Adjustment for a special exception permit to construct a 7,400 square foot building to provide a new church for the Redeemer Lutheran congregation, which is allowed as an 2 institutional use in the Ag Residential District pursuant to Section 17.15(6)(s) of the St. Croix County Zoning Ordinance. 4. The Town of St. Joseph Town Board reviewed plans at their July 2, 2009 meeting and recommended approval of the special exception request for the new church facility with conditions that any planting along Cty. Rd. A and Scott Rd. be outside the right-of-way, obtaining a permit for any new signage, lighting will be directed downward, and all runoff must be retained on the site. 5. The St. Croix County Land and Water Conservation Department staff, Steve Olson, reviewed the plans and finds the stormwater and erosion control plans to be adequate for the site. The LWCD recommends that the applicant record a stormwater operation and maintenance plan affidavit on the deed to the property. 6. This request would not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that a church is an institutional use that is reasonable and appropriate in the Ag Residential District,which the property is currently zoned. Its location on the corner of Scott Rd. and Cty. Rd. `A' makes it easily accessible to area residents.The site has proposed adequate space for parking and traffic circulation without creating any traffic hazards or public safety concerns. 7. The surrounding properties feature agricultural low-density residential uses, agricultural cropland, and commercial enterprises. The request will not have an impact on the value of surrounding properties and is compatible with the use and character of the surrounding area. With conditions for providing code-compliant on- site wastewater treatment system, construction of the storm water infiltration pond, developing and implementing a landscape plan, and providing sufficient off-street parking,this request would not negatively impact the health, safety, or welfare of the public,nor would it be substantially adverse to property values for nearby residences. 8. Downward directed lighting is proposed as part of this application. With conditions for shielding light sources from adjacent properties, screening parking areas and landscaping, and ensuring that noise is kept to a minimum for adjacent property owners,this request would not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors. 9. The applicants propose to provide dust-free, off-street parking for 52 vehicles during regularly scheduled events such as weekly church worship services. Up to five(5) employees may work on the site during weekday hours of operation. Traffic for worship services,weddings, funerals or other events will be intermittent and is not expected to have a detrimental impact on the road system. The newly created gravel parking area has already been used by neighboring property owners for special events in late 2008 and 2009. With conditions for construction of off-street parking spaces designed to accommodate the entire church facility and paving the driveway 3 and parking lot,the applicant will meet the minimum parking standards pursuant to Section 17.57(7)of the St. Croix County Zoning Ordinance. 10. The applicant filed an addendum for a land use permit with the Board of Adjustment for filling and grading an area exceeding 10,000 square feet on slopes >12% - 24.9%pursuant to Section 17.12(7) of the St. Croix County Zoning Ordinance. However, subsequent review by staff of grading plans that document original contours on the lot show that slopes average approximately 10% and land disturbance will be less than one(1) acre. Therefore, no land use permit is required for filling and grading done in 2008 and the addendum may be withdrawn. 11. With conditions for implementing and maintaining proper erosion control measures before, during, and after construction; re-vegetating the disturbed areas with native plants and/or species the same as the plants removed, and excavating the storm water infiltration pond as designed, this request will not violate the spirit or general intent of the St. Croix County Zoning Ordinance and will meet the requirements of Section 17.70(7)(a). 12. With conditions for the p r oper construction and long-term operation and maintenance of the storm water management structure; for completing the driveway and parking with a dust-free surface, and the replanting and long-term care and maintenance of native vegetation, the request will not be contrary to the public health, safety, or general welfare, nor will it be substantially adverse to property values in the neighborhood, or constitute a nuisance. With the following conditions: 1. This special exception permit allows the applicant to construct a 7,400 square foot building, parking lot, stormwater control structures, and a new POWTS. 2. Prior to commencing construction, the applicants shall obtain any other required local, state, or federal permits and approvals, including but not limited to a permit for a code-compliant sign and a sanitary permit for the POWTS. 3. Prior to commencing construction, the applicant shall submit to and have approved by the Zoning Administrator a landscaping plan to create a vegetative buffer at least 10 feet in width along the west property line that includes native evergreen trees and shrubs at least six feet in height at the time of planting to screen the parking lot from adjacent properties and retain the rural character and natural beauty of the area. The buffer shall attain at least 80% opacity at maturity. The plan should include the species, size, and location of all trees, shrubs, and groundcover to be planted on the site, as well as a timeline for the plantings and a maintenance agreement to ensure that all vegetation establishes successfully and is maintained. Upon complaint by neighboring property owners and review by the Zoning Administrator, the applicant may be required to provide additional 4 i landscaped buffers along the north and south property lines. 4. Prior to commencing construction of the building, stormwater infiltration pond and/or the POWTS, the applicants shall schedule an on-site pre-construction meeting that includes the property owners, general contractor, excavator, St. Croix County Planning & Zoning, and Land and Water Conservation Department staff members. Items to be discussed include,but are not limited to, coordinating installation of erosion control, construction timelines, compliance with all other pre-construction conditions, and roles and responsibilities of all parties. 5. The property shall be maintained in a neat and orderly manner. 6. No signs are approved as part of this permit. The existing sign is free-standing and does not comply with requirements for a permanent on-premise sign pursuant to Section 17.65D.2.c. The existing sign must be replaced with a code-compliant monument design after permit application review and approval by the Zoning Administrator in accordance with Subchapter VI, Section 17.65 of the St. Croix County Zoning Ordinance. 7. All lights on the site must be downward directed and shielded away from neighboring properties to prevent glare. Only lights on the building or building overhangs at a level not to exceed the height of the lowest eaves may be left on overnight for security purposes. Lights in the parking lot shall only be on during the hours of approved events. 8. The applicants will provide paved, off-street parking for 52 vehicles. 9. General hours of operation for any church-related activities or other events shall not extend beyond 7:00 AM and Midnight. 10. Upon complaints of regularly occurring, excessively loud noise at any time, the applicants shall work with the Zoning Administrator to abate the noise problem. In the event that the matter cannot be resolved administratively, the applicants shall take the matter before the Board of Adjustment at a public hearing. 11. Prior to commencing construction, the applicant shall submit a surety in the form of a cash compliance deposit in an amount of$1,100.00 to be held by the Zoning Administrator until the project has been completed and approved to be in compliance with the conditions of this permit and all applicable provisions of the Ordinance, at which time the deposit will be refunded in full. 12. Within 30 days of completing construction, the applicants shall supply an as-built drawing signed by project engineer that all improvements and stormwater components were installed as designed and shall submit photos of the site and certification from the project engineer or registered landscape architect that the project has been completed as approved. The applicants shall record the storm 5 water management plan and operation and maintenance agreements for all storm water features and private on-site wastewater treatment systems (POWTS) against the property and shall provide a recorded copy to the Zoning Administrator. 13. The applicant shall have one(1) year from the date of this approval to commence construction and two (2) years from the date of this approval to complete it. Failure to do so shall result in expiration of the special exception permit. If the special exception permit expires before construction commences, the applicant will be required to secure a new special exception permit before starting or completing the project. The applicant may request extensions of up to six months not to exceed a total of one year from the Zoning Administrator prior to the expiration of the permit in the event that additional time is needed to secure other required permits and approvals. 14. The applicants shall contact the Zoning Administrator to review this special exception permit in two years from the approval date for compliance with the conditions of this approval. These conditions may be amended or additional conditions may be added if unanticipated circumstances arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a hearing. 15. Any change in ownership of the property, change in use, or change in project details—including but not limited to expansion, landscaping, or lot/access changes —shall require prior review and approval by the Zoning Administrator and in some circumstances through the special exception approval process as stated in the Ordinance. Any minor change or addition to the project, including but not limited to design of the project, future additional parking, access changes, or POWTS location shall require review and approval by the Zoning Administrator and the Land and Water Conservation Department prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 16. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. Motion carried unanimously. Aanlication#l: Dennis & Mariorie VanRoekel--Variance Motion by Peterson, second by Hurtgen to approve the variance to allow a livestock structure to be in the 200 foot setback to the property line in the Ag Residential District in the Town of Hammond based on the following findings of fact and conclusions of law: 1. The applicants are Dennis and Marjorie VanRoekel,property owners. 6 2. The site is located at 640 200th Street,in the NE 1/ of the SE 1/ of Section 35, T29N, R17W, Town of Hammond, St. Croix County, Wisconsin. 3. The Town of Hammond has received the application and the applicant will try to get on the Town Board agenda for the September 14th meeting. 4. The applicant filed an application with the Board of Adjustment for a variance to create a lot with a lot line that will encroach on the 200 foot setback to a property line the Ag Residential District pursuant to Sections 17.12(14) (a) of the St. Croix County Zoning Ordinance. 5. The proposed lot line will be 40 feet from the structure that houses animal units, an encroachment of 160 feet within the County's 200-foot required setback. 6. The purpose of the 200 foot setback is to protect residential lots and more importantly the houses built on them, from the noise and odors associated with the housing of animal units. In this situation the house already exists approximately 135 feet from the barn that houses dairy cattle. The house was built in the 1970's and the 200 foot setback was not a requirement at that time, therefore this situation was not created by the applicant. 7. Granting this variance request would be consistent with Section 17.70(5)(c)3. and Wisconsin State Statutes §59.694 for the following reasons; This request would not be contrary to the public interest since the barns and house already exist. The spirit of the ordinance would be observed and substantial justice would be done since the location of the property line would only affect the applicants' existing buildings and no vacant lots. A literal enforcement would result in an unnecessary hardship since the applicant would be forced to move an existing building that was compliant when built. 8. Granting this variance would be consistent with Section 17.70 (6) (e) for the following reasons; the use would not change and is not prohibited in this district. The hardship is not self created since the buildings are already in their current locations. With the following condition: 1. This variance will allow the applicant to create the proposed lot as shown on the revised CSM and will have a minimum separation of 40 feet from the barn to the lot line. This approval does not include any additional structures, impervious coverage, filling and grading, or other activities. Motion passed 2-1. Chairperson Malick opposed. 7 Application#3: Michael G. McGuire—Special Exception Motion by Hurtgen, second by Peterson to approve the special exception permit for filling and grading within 40 feet of the slope preservation zone in the Lower St. Croix Riverway District based on the following findings of fact and conclusions of law: 1. The applicant is Michael G. McGuire et al,property owners. 2. The site is located at 1246 Hwy 35N on Gov't. Lot 2, Section 35, T30N, R20W, Town of St. Joseph, St. Croix County, WI. 3. The Town of St. Joseph recommended approval of the Special Exception Application for filling and grading within 40 ft. of the slope preservation zone. 4. The St. Croix County Land and Water Conservation Department supports the replacement of the existing POWTS system as described in the application. If all erosion control measures are installed and maintained until vegetation is reestablished the project should have minimal impact on the local resource. 5. The Wisconsin Department of Natural Resources had no concerns except to make sure proper erosion control methods are used and installed correctly and excess spoils are removed from the site. 6. The applicant filed with the Board of Adjustment an application for a special exception permit for filling and grading within 40 feet of a slope preservation zone in the Lower St. Croix Riverway District in order to install a replacement POWTS for an existing legal, nonconforming residence pursuant to Section 17.36 F.3.a.5) and subject to the performance standards in Section 17.36 H.5 and 17.36.H.9 of the St. Croix County Zoning Ordinance. The applicant proposes to disturb an area of approximately 1,200 square feet to excavate for a combination septic/dose tank, a forcemain pipe, and two 3' x 70' wastewater dispersal cells. Only the septic and dose tanks and an excavated trench for the forcemain will be within 40 feet of the bluffline or slope preservation zone. The combination septic/dose tank was placed as far from the bluffline as was feasible to still meet the minimum requirements of Dept. of Commerce plumbing code. 7. No changes to the existing principal or accessory structures are necessary to install the replacement POWTS. The project will not entail the disturbance of any wetlands, nor will it add impervious coverage or change the drainage of the site. With conditions for protecting existing trees, replacing any vegetation that is removed or that die as a result of the replacement system with native vegetation, and properly implementing the erosion and sediment control plan, this request will meet the standards in Section 17.36 H.5 of the St. Croix County Zoning Ordinance. 8. This request would not violate the spirit and intent of the Lower St. Croix Riverway District. Replacing an aging POWTS will reduce the risk of 8 contamination of surface water and groundwater from septic system failure. With the conditions listed in Finding#7 above, this request would not contribute to soil erosion and would not negatively impact the exceptional scenic, cultural and natural characteristics of the Lower St. Croix River. 9. All equipment and materials would be brought into the site via the existing driveway from Highway 35. For reasons in Finding#8 above, this request would not be contrary to the public health, safety, or general welfare or be substantially adverse to property values in the neighborhood, nor would it constitute a nuisance by reason of noise, dust, smoke, odor, or other similar factors. With the following conditions: 1. This special exception allows the applicant to install a replacement POWTS within 40 feet of the slope preservation zone. All work shall be done in accordance with the conditions below. The total disturbed area for the projects shall not exceed 1,200 square feet. Approval of the special exception permit does not include any additional structures, vegetation removal, filling and grading, or other activities within the slope preservation zone. 2. Prior to commencing construction of the POWTS, the applicants shall secure any other required local, state, or federal permits and approvals, including but not limited to sanitary permits. 3. Prior to commencing any excavation activities, the approved erosion control measures shall be installed and maintained until the disturbed areas have been stabilized with permanent native vegetation. Due to potential damage to the POWTS from root intrusion, vegetative cover over the dispersal cells must be varieties that are known to have shallow root systems. During construction, the smallest amount of bare ground shall be exposed for as short a time as possible. Temporary ground cover such as mulch shall be used until permanent appropriate vegetative cover is successfully established. Phosphorous fertilizers shall not be used to establish and maintain vegetation on the disturbed area of the site,unless a soil test confirms that phosphorous is needed. 4. Any minor change or addition to the project, including but not limited to design of the project, shall require review and approval by the Zoning Administrator prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the variance approval process. 5. The applicant shall have one (1) year from the issuance of these approvals to commence installation of the replacement POWTS and two (2) years to complete it. Failure to do so may result in expiration or revocation of this decision, after which time the applicant will be required to secure a new variance before starting or completing the project. 9 6. These conditions may be amended or additional conditions may be added if unanticipated circumstances arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without proper notice to the applicant and an opportunity for a hearing. 7. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. Motion carried unanimously. Unfinished Business • Heartland Montessori School — Motion by Peterson, second by Hurtgen to sign and send letter from the Board of Adjustment to the Town of Troy if no appeal has been brought forth. Motion carried unanimously. • Murr—Appeal briefs due dates are coming up in October. Minutes Motion by Peterson, second by Hurtgen to adopt the August 27, 2009 minutes. Motion passed unanimously. New Business Discussion about changes with Board of Adjustment members with the District changes in 2010. The meeting was adjourned by the Chair at 10:30 a.m. Respectfully submitted, Buck Malick, Board Chair Becky EggeoecUcwig Secretary 10 . \ + k § � & e 2 0 \ ON)4 U) (D I < oCF) § {§0 g ; EE $ ( X22 f �$ \ m \// eom , � kmm , \ § <NN § § � � � o � # � z : z 0 §«- § �_ � o \ j a m M \� ez o kac) 0z {« 2 $ - ) k ° A 7 / kk0270 ; � / e £ m 7 j \ / E\/ % k 3 @ ) z % z Lo \ ) 2 et ° C � # 7 0 R \ & o a k a k kk k k Q. N CL I o 0 0 - £ j = a a a 7 E ' w §\ k k j ' \ ƒ § § § z a 2 L CD, = § \ E \ \ I k_ \ A 0 m © 0 2 § co \ f $ ƒ # E § k § e § S ; / r a s 0. § \ D \ § @ \ \ § 7 § 9 0) 0 (D 2 \ > r f ) - § § \ \ ) \ o / £ / / 2 a � 2 2 # § k § k � f 2 u a \ o k u Parcel #: 030-1035-10-200 09/11/2014 08:54 AM PAGE 1 OF 1 Alt. Parcel M 10.29.19.1196 030-TOWN OF SAINT JOSEPH Current A-1 ST. CROIX COUNTY,WISCONSIN Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units 03/15/2006 00 0 Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner O-LUTHERAN CHURCH, REDEEMER REDEEMER LUTHERAN CHURCH 1097 CTY RD A HUDSON WI 54016 Property Address(es): *=Primary * 1097 SCOTT RD Districts: SC=School SP=Special Type Dist# Description SC 2611 SCH DIST OF HUDSON SP 1700 WITC Notes: Legal Description: Acres: 4.500 SEC 10 T29N R1 9W NE NE LOT 1 CSM 20-5107 EZ-UT-1318/198 Parcel History: Date Doc# Vol/Page Type 02/09/2006 818234 WD 11/23/2005 812774 20/5107 CSM 07/23/1997 782/598 Plat: *=Primary Tract: (S-T-R 40%160%GL) Block/Condo Bldg: *5107-CSM 20-5107 030-2005 10-29N-19W LOT 01 2014 SUMMARY Bill M Fair Market Value: Assessed with: 0 Valuations: Last Changed: 05/11/2011 Description Class Acres Land Improve Total State Reason OTHER X4 4.500 0 0 0 NO Totals for 2014: General Property 0.000 0 0 0 Woodland 0.000 0 0 Totals for 2013:, General Property 0.000 0 0 0 Woodland 0.000 0 0 Lottery Credit: Claim Count: 0 Certification Date: Batch M Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00