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ST. CROt COUNTY
WISCONSIN
ZONING OFFICE
:� //M//N N■ rrrq ST.CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, W1 54016-7710
- - (715) 386-4680 FAX(715) 386-4686
September 24, 2004
Don Nestrud
119442 n, St.
Hudson, WI 54016
RE: Letter of Credit#109746RKB2
Erosion Control for Don Nestrud Project Special Exception -Town of St. Joseph
Dear Mr. Nestrud:
Enclosed please find the above referenced Letter of Credit for$3,075.00 for the erosion control installation. A
copy has been sent to your lending institution.
The.St. Croix County Land and Water Conservation Department has notified us that the project completed
substantially conforms to plans submitted. This letter of credit is hereby released.
If you have any questions feel free to call our office at (715) 386-4680.
Sincerely,
Dave Fodroczi
Planning & Zoning Director
/ml
/enclosure
cc: Bank-The RiverBank of North Hudson, 880 Sixth St. N, Hudson, WI 54016-0185
Town of St. Joseph
File pp -$-o
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ST. CX COUNTY
WISCONSIN
ZONING OFFICE
ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680 • Fax (715) 386-4686
July 9, 2003 File Ref: 27-03
David Nestrud
1079 Mound Drive
Hudson, WI 54016
Re: Board of Adjustment Decision
Dear Mr.Nestrud:
The St. Croix County Board of Adjustment has reviewed your request for a special exception for a
permit to disturb slopes greater than 20%to construct a driveway and has approved this application
with conditions. The enclosed document is the formal decision regarding your application.
Should you have any questions or concerns,please do not hesitate in contacting me.
iere
Steve Fisher
Zoning Director
dz
Enclosure
cc: Donald Nestrud w/enclosure
Marie Schmit, Clerk, Town of St. Joseph w/enclosures
Pete Kling, LWCD,w/enclosures
i
FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY,WISCONSIN
Case:
Complete Application Received: April 15, 2003
Hearing Notice Publication: Weeks of May 5 and 12, 2003
Hearing Date: May 22,2003
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and conducted an on-site
inspection,the Board finds the following facts:
1. The applicant is David Nestrud,whose address is 1079 Mound Drive,Hudson, WI 54016.
The owner of the property is Donald Nestrud, 1194 42°a St.,Hudson,WI 54016 .
2. The applicant filed with the Zoning Office an application for a special exception request for
disturbance of slopes greater than 20%to construct a driveway on the property.
3. The property is located in the NW i/4 of the NE '/a and the NE 1/4 of the NW I/4, Section 11,
T29N-R19W, Town of St. Joseph, St. Croix County,Wisconsin.
4. The Special Exception request is for a permit for disturbance of slopes greater than 20%
under Section 17.15(6)(t).
5. The applicant is working with the Zoning Office and the Land and Water Conservation
Department.
6. The Board of Adjustment found that this special exception application conforms with the
requirements for granting a special exception under Section 17.15(6)(t).
7. The Board of Adjustment found that the spirit and intent of the ordinance would be met by
granting this special exception permit.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board
approved the applicant's request for a special exception permit for disturbance of slopes greater than
20%and has been approved based on the following findings:
1. The Town of St. Joseph has recommended approval of the request.
2. The plans have been designed by a professional engineer.
3. The applicant has stated that this access to the property is a much better location for
access to emergency vehicles, if the need arises.
4. The Land and Water Conservation Department has approved of the plans.
5. There were no objections to the request.
With the following conditions:
1. This permit allows the applicant to disturb slopes greater than 20%to construct a
driveway to access two building sites for family members.
2. Financial guarantees equal to 120% of approved construction estimates must be
submitted for the erosion control and grading activities.
Written estimates must be submitted to the Zoning office for review and approval.
Financial uarantees must be submitted and approved
g pp
No construction, including earth moving, shall take place prior to approval of the
financial guarantees
Guarantees will not be released until the County is satisfied that the erosion
control devices are implemented as planned and until the disturbed areas are
proven to be stabilized.
3. 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 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.
4. 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.
5. 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.
6. 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 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.
7. 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 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 construction on the project.
8. 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.
9. 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; Golz, yes; Krueger, 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
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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 BOi OF JUSTMENT
Signed: � U
ha o
Da ted: 07/09/03 Attest:
Filed: 07/09/03 Zoning Director
3
t OFFICIAL
BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES
May 22,2003
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 new member, Richard
(Buzz) Marzolf were present. Staff included: Steve Fisher, Zoning Director,Rod
Eslinger, Zoning Specialist, Pete Kling, Land and Water Conservation Dept., and Deb
Zimmermann, Administrative Assistant. 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
Number 1 and 5 are canceled for today, and will be placed on a future agenda. Motion
carried.
The Board set the next meeting date as June 26, 2003 and will be held in the County
Board Room, at the Government Center. The starting time will be 8:30 a.m.
MINUTES
Motion by Krueger, seconded by Golz to adopt the minutes from the April 24, 2003
hearing. Motion carried.
CORPORATION COUNSEL REPORT/UPDATE ON VIOLATIONS AND
LITIGATION
Corporation Counsel will be available today if needed.
ANNOUNCEMENTS
Fisher handed out a copy of the Zoning Department Annual Report to the Board. This
report was given to County Board and Fisher thought that this Board may be interested in
seeing it.
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,
May 22, 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: CANCELED: Special Exception request for a permit to operate a
bed and breakfast establishment in the Ag/Residential District
pursuant to Section 17.15(6)(q).
APPELLANT: Mary L.Huff, owner and Kathleen J. Gilles, agent
LOCATION: The NE '/4 of the SW '/4, Section 22, T30N-R15W, Town of
Glenwood.
ADDRESS: 3048 County Road G, Glenwood City, WI
2. ARTICLE: Special Exception request fora permit for an institutional use
pursuant to Section 17.15(6)(u). The request is for a permit to
construct a church building in the Ag/Residential District .
APPELLANT: David J. Waldroff, owner and New Richmond Church of Christ,
agent
LOCATION: The NE '/4 of the NE 1/4, Section 20, T30N-R18W,Town of
Richmond
ADDRESS: Lot 24,Waldroff Meadows III,New Richmond, WI
3. ARTICLE: Special Exception request for a permit for disturbance of slopes of
20%or more pursuant to Section 17.15(6)(t). The request is to allow
the applicant to construct a driveway to gain access to a parcel of
land.
APPELLANT: Donald Nestrud,owner and David Nestrud, agent
LOCATION: The NW '/4 of the NE '/a and the NE '/a of the NW '/4, Section 11,
T29N-R19W,Town of St. Joseph
ADDRESS: Off of Crestview Drive,Hudson, WI
4. ARTICLE: Special Exception request for a 5-year renewal for an existing non-
metallic mining operation pursuant to Section 17.15(6)(g) and
Ordinance 226(89)F.2. The request is for a permit to continue
operation of a non-metallic mining operation in the Town of
Emerald.
APPELLANT: Lowell Bliss &William Potts and Mathy Construction Co.,
owners/Milestone Materials, agent
LOCATION: The E '/z of the NW '/4 and the NE '/4 of the SE '/4, Section 9,and
the W %2 of the SW '/4 of Section 10, all in T30N-R16W, Town of
Emerald.
ADDRESS: 160th and 240th, Glenwood City, WI
I
6. ARTICLE: ITEMS 1-5 CANCELED
Item#1: Variance request to the ordinary high water mark setback
requirements of the St. Croix Riverway District pursuant to Section
17.36(5)(c)1.
Item #2: Variance request to grade on slopes in excess of 12% in
the St. Croix Riverway District pursuant to Section 17.36(5)(1)(1)b.
Item #3: Special Exception request for rock riprapping for
shoreline protection pursuant to Section 17.36(6)(a)(3).
Item #4: 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#5: Special Exception request for filling and grading in the
Shoreland area of the St. Croix River pursuant to
Section17.29(2)(c).
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
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6. ARTICLE: Special Exception request for a permit for a commercial use in the
Commercial District pursuant to Section 17.18(1) and a permit for
an industrial use in the Industrial District pursuant to Section
17.19(1). The request will bring the property into compliance with
the conditions of a previously approved Special Exception Use
Permit.
APPELLANT:Sonnentag Family Ltd. Partnership/County Materials Corp.
LOCATION: The NW 1/4 of the NW '/4, Section 34,T29N-R18W, Town of
Warren
ADDRESS: 1203 701H Avenue,Roberts, WI
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: Mary L. Huff and Kathleen J. Gilles
Canceled
Article Two: David Waldroff/New Richmond Church of Christ
Eslinger explained that this request is for a special exception permit to construct a church
on the property. The applicant has been working with Steven's Engineering to design a
storm water management and erosion control plan for the facility.
The following exhibits were introduced:
1. Staff Report
2. Application
3. Location map
Eslinger went over the staff report with the Board. A landscaping plan has been provided.
The Town of Richmond has approved of the request. The church will be approximately
7200 square feet when finished.
Ross Redmond, being duly sworn, is with Steven's Engineering and has been working on
the project. He presented an updated erosion control map and it was entered as Exhibit 4
into the record.
Mark Knutson, being duly sworn, is representing the New Richmond Church of Christ.
They have no problem with the conditions listed in the staff report.
There was no opposition to the request.
The Board will view the site.
Article Three: Donald Nestrud
Eslinger explained this request is for a special exception permit to disturb slopes greater
than 20%to construct a driveway to serve two building sites for family members.
3
The following exhibits were introduced:
1. Staff Report
2. Application
3. Location map
Eslinger told the Board that the applicant has been working with ACA Engineering on the
project and erosion control plans are in place. These plans, and revisions, have been
reviewed by the Land and Water Conservation Department. Pete Kling, Land and Water,
stated to the Board that all concerns have been addressed and the plans look good.
Eslinger added that the Town of St. Joseph has approved of the request in a letter dated
May 16, 2003.
David Nestrud, being duly sworn, explained that by allowing this access to the property,
there would be less disturbance of the farm land for their farming operation, and better
access and response time for emergency vehicles. The Planning, Zoning and Parks
Committee have endorsed this access, as well. The plan is to construct two homes on the
site this summer, for family members.
There was no opposition to the request.
The Board will view the site.
Article Four: Milestone Materials
Eslinger went over the staff report stating that this request is for a special exception
permit for a five-year renewal to continue operation of an existing non-metallic mining
operation.
The following exhibits were introduced:
1. Staff Report
2. Renewal Application and supporting documentation
3. Site location map
4. Photos
Eslinger explained that there have been no complaints about this site and the applicant
has followed all plans as previously submitted. The Land and Water Conservation
Department has reviewed and approved the application for renewal.
Dick Erickson, being duly sworn, is representing Milestone Materials. This quarry has
been in operation for a number of years and is run on a part-time basis,with material
being supplied to St. Croix County and the Town of Emerald. They have received
approval from the Town. Eslinger added that they have met all the requirements for
reclamation on the site.
There was no opposition to the request.
The Board will view the site.
Article Five: Geraldine Swenson/Bruce Lenzen
Canceled
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Article Six: Sonnentag Family Limited Partnership/County Aterials
Eslinger explained that this request is to amend a previously approved special exception
use permit in the Industrial District in the Town of Warren. The original permit was
granted in 1989, and expanded in 1999 and 2001. There are some outstanding conditions
that have not been met at this site, and Zoning and the Land and Water Conservation staff
have met with the applicant to address these issues. The applicant is also working with
Humphrey Engineering on erosion control and storm water management plans.
The following exhibits were introduced:
1. Staff Report
2. Application materials
3. Staff letter dated June 13, 2002
4. 2001 BOA findings
5. Photos
Eslinger added that all but one of the concerns raised by the LWCD have been met. The
DNR is currently reviewing the application. The Town of Warren has not given approval
of the application, and has stated that they have some concerns. Eslinger reminded the
Board that according to the ordinance, the Town needs to give a favorable
recommendation before the Board can make a decision to approve this request, as this is
an industrial use.
Eslinger went on to clarify the county signage ordinance, and to go over the six additional
conditions listed in the staff report.
David Reneson and Kurt Krueger,being duly sworn, are representing County Materials.
Reneson stated that they want to bring the property into compliance, and take care of the
outstanding conditions. They now have a site water management plan to take care of the
problem at the site, and are working with the County and the DNR. With regard to
signage, he explained that the additional signs were put at the driveway entrances to help
direct traffic to the correct locations, and the signs were requested by the Roberts Fire
Department and Ambulance Service to help them get to the right building, in case of an
emergency. Reneson believes this is a safety issue. They would also like a lighted sign
that could be seen from the Interstate. They are requesting that the sign be 25 square feet
in size and it would be landscaped. They have had discussion with the Town of Warren
on the green space rule, and Reneson believes there is some confusion in how it is being
interpreted. They plan to continue this discussion with the Town at the next meeting with
the Town Board.
i
The Board had questions about the outstanding water run-off issues, and why these
concerns had not been addressed. Reneson apologized for this not being taken care of,
and told the Board that they believe the plans now submitted are better than the old ones,
and will take care of all outstanding issues. Fisher reminded the Board that there are
issues with landscaping and signage, as well as green space and water run-off issues.
Roger Humphrey,being duly sworn, has been working with County Materials on the
storm water management plans. He agrees that these new plans are better than the old
ones.
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Steve Olson, LWCD, is comfortable with the plans submitted,but has some questions on
the south pond. Humphrey explained that he believes the new plans take care of the
issues and will go over with Olson.
There was no opposition to the request.
The Board will view the site.
The Board recessed to view properties at 10:30 a.m. and reconvened at 1:50 p.m.
DECISIONS:
Article One: Mary L. Huff and Kathleen I Gilles
Canceled
Article Two: David Waldroff/New Richmond Church of Christ
Motion by Golz, seconded by Speer to approve the request for a permit to construct a
church building in an Ag/Residential District based on the following findings:
1. The Town of Richmond has approved of the request.
2. There was no opposition at the hearing.
3. The Land and Water Conservation concerns have been addressed.
4. This use is allowed in the Ag/Residential District with a special exception permit.
5. The plans have been designed by a professional engineer.
6. The Board finds that the request is not contrary to the public interest.
7. The Board finds that the spirit and intent of the ordinance would be met by
granting this request
With the following conditions:
1. This special exception is for the construction of the church,parking lot and related
storm water management and erosion control for the Church of Christ.
2. Financial guarantees equal to 120% of approved construction estimates must be
submitted for the erosion control and grading activities.
Written estimates must be submitted to the Zoning office for review and approval.
• Financial guarantees must be submitted and approved
• No construction, including earth moving, shall take place prior to approval of the
financial guarantees
• Guarantees will not be released until the County is satisfied that the erosion control
devices are implemented as planned and until the disturbed areas are proven to be
stabilized.
3. Any proposed lighting is to be illuminated downward to eliminate light pollution
onto neighboring properties.
4. The storm water management pond must be constructed, seeded, and mulched per
approved plan by July 15, 2003.
5. The applicant must submit a copy of the state approval letter for the building
plans.
6. Before commencing site preparation and construction, you must secure a sanitary
permit from the Zoning Office (state approval is required for the septic design)
and a building permit from the Town.
6
7. The applicant musT provide the Zoning Office with an as- it that is signed and
sealed by a professional registered engineer, verifying that the storm water
management pond was constructed as designed and approved by the St. Croix
County Land and Water Conservation Department.
8. The applicant shall receive approval for the building plans from the Wisconsin
Department of Commerce. Applicant shall submit a copy of the state approval
letter to the Zoning Office prior to commencing construction.
9. The applicant shall provide a hard surface (asphalt/concrete) on all interior
driving areas within six months of the completion of the church.
10. One (1) sign is allowed with total signage area not to exceed 32 square feet. This
sign must be located a minimum of 10 feet 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.
11. Applicant to maintain a minimum of one parking space for each seven seats.
(Note: For this request, 20 spaces are required to be maintained for the business).
12. The applicant to submit a revised landscaping plan showing one row of 4-foot to
6-foot evergreens, 15-foot on center, along the common lot line shared with the
Golf View Estates subdivision. The row of trees should run from the parking lot
to the drainfield on the site. The plan should also show a hedge type of species
along the front of the parking lot area that faces County Road A, to provide
screening from headlights onto the road.
13. The applicant shall allow free and unlimited access to the project site at any
reasonable time to any Zoning Office employee, who is overseeing the project
construction, operation, or maintenance.
14. The applicant shall secure all necessary town approvals, including compliance
with any building code issues.
15. The Zoning Office is to be notified at the start and the finish of the project.
16. The applicant shall have one (1) year from the issuance of the Special Exception
permit to act on the Special Exception permit. Failure to commence business
operation in this period shall result in the expiration of this Special Exception
permit. If the Special Exception permit expires, the applicant will be required to
secure a new Special Exception permit before commencing the business
operation.
17. Any minor changes (or additions) in expansion of the project, including the
facility plan, signage, lighting, grading, and parking, shall require review and
approval by the Zoning Director. Any major change and/or addition to the
originally approved plan will go through the Special Exception approval process,
where applicable, as stated in the ordinance.
18. 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: Krueger, yes; Peterson, yes; Marzolf, yes;
Golz, yes; Chairperson Speer, yes. Motion carried.
Article Three: Donald Nestrud
Motion by Peterson, seconded by Krueger to approve the request for a permit for
disturbance of slopes of 20%or more to construct a driveway based on the following
findings:
1. The Town of St. Joseph has recommended approval of the request.
7
2. The plans have been designed by a professional engineer.
3. The applicant has stated that this access to the property is a much better location
for access to emergency vehicles, if the need arises.
4. There were no objections to the request.
5. The Board finds that the request is not contrary to the public interest.
6. The Board finds that the spirit and intent of the ordinance would be met by
granting this request
With the following conditions:
1. This permit allows the applicant to disturb slopes greater than 20%to construct a
driveway to access two building sites for family members.
2. Financial guarantees equal to 120% of approved construction estimates must be
submitted for the erosion control and grading activities.
Written estimates must be submitted to the Zoning office for review and approval.
• Financial guarantees must be submitted and approved
• No construction, including earth moving, shall take place prior to approval of the
financial guarantees
• Guarantees will not be released until the County is satisfied that the erosion control
devices are implemented as planned and until the disturbed areas are proven to be
stabilized.
3. A stable channel needs to be created for storm water run-off along the slope
intercept in both ditches from station 13+75 to 15+00 to 15+50. Class III erosion
matt (turf reinforcement mat) or rock rip rap are suggestions of material that
should line the constructed channels. Be sure to include sediment log ditch
checks in these channels if Class III erosion mat is chosen.
4. According to the WI DOT PAL erosion mat SC 150 is not suitable for the ditches
on this site. A Class III erosion mat is the only type that will work in these areas.
5. 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 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.
6. 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.
7. 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.
8. Before this permit is valid, the applicant shall address the LWCD concerns listed
in an email dated May 13, 2003.
9. 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 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.
10. 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 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 construction on the project.
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11. 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.
12. 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; Golz, yes;
Krueger, yes; Chairperson Speer, yes. Motion carried.
Article Four: Lowell Bliss, William Potts, Mathy Construction Co. & Milestone
Materials
Motion by Krueger, seconded by Golz to approve the request for a five-year renewal of an
existing non-metallic mining operation based on the following findings:
1. The applicant has stated that the Town of Emerald has no objections to the
request.
2. There were no objections stated at the hearing.
3. The plans have been designed by a professional engineer.
4. The applicant has complied with all previous conditions, and there have been no
complaints regarding this site. The site is kept in a neat and orderly manner.
5. The mining operation is conducted on an"as needed"basis.
6. The site is remote and well-screened.
7. The Board finds that the request is not contrary to the public interest.
8. The spirit and intent of the ordinance would be met by granting this request.
With the following conditions:
1. Mining project is to proceed according to plans presented. Any expansion
beyond this legal boundary shall require a new special exception permit.
2. This renewal is valid for a period of 5 years and expires May 2008. Applicant
must either fully reclaim the site in this time frame or reapply for a new
operational plan permit. The applicant is to contact the Zoning Office six (6)
months prior to expiration date, so that reclamation or permit renewal is complete
by the expiration date.
3. Operator/applicant shall comply with all of the general requirements and
conditions listed in the non-metallic mining&reclamation ordinance(Ordinance
# 226 (89) (unless varied per conditions). (Attached for the decision)
4. The applicant must file with the Zoning Office a reclamation guarantee of$3,000
per acre in the form of a bond, letter of credit or cash, to be deposited in an
escrow account. This amount is consistent with the 1997 special exception
renewal permit.
5. Refueling shall occur in a self-contained area where spillage can be captured.
6. Applicant is responsible for dust abatement during the duration of the permit.
7. Hours of operation shall not exceed 6:00 a.m. — 10:00 p.m., Monday—Friday. The
applicant may submit a written request for (occasional/limited) extended hours to
the Zoning Administrator for review and approval.
8. Permit includes temporary placement of equipment necessary to conduct the
mining operation.
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9. The operator shall provide maintain the onsite sanitary satelle for the onsite
employees. The sanitary satellites shall be serviced and cleaned by a licensed
septage hauler
10. All petroleum products shall be stored in full compliance with state and federal
regulations.
11. Site reclamation will proceed according to the plan.
12. Any change (or addition) in use, or expansion of the non-metallic mining project
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.
13. This special exception is valid for a period of 5 years and expires March 2006.
Applicant must either fully reclaim the site in this time frame or reapply for a new
special exception permit.. The applicant is to contact the Zoning Office six (6)
months prior to permit expiration, so that reclamation or permit renewal is
complete by the expiration date.
14. All other conditions will remain the same as specified in the original Special
exception permit.
15. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
The following vote was taken to a pp rove: Peterson yes; Krueger, yes; Marzolf,yes;
G olz, Y es; Chairperson Speer, Motion carried.
Article Five: Geraldine Swenson/Bruce Lenzen
Canceled
Article Six: Sonnentag Family Limited Partnership/County Materials
Motion by Speer, seconded by Marzolf to table the request to amend a previously
approved special exception permit in the Industrial District,based on the following
findings:
1. Per the St. Croix County Ordinance, any use in an Industrial District must have a
favorable approval from the Town in order for the Board of Adjustment to grant
approval. As of this time,the Town of Warren has not issued approval.
2. The Board finds that the applicant needs to submit a new landscaping plan
addressing outstanding issues with regard to the requirement that 15%of the
property is to be landscaped. The applicant is to also add to plan additional
screening of 6-foot to 8-foot coniferous trees, staggered in two rows, 10-foot on
center, along the berm facing the Interstate.
3. The Board requests that a detailed lighting plan be submitted to the Zoning
Department.
4. The Board requests that DOT approval is needed for the proposed signage, and
that signs are to meet all of the requirements for size and setbacks for State and
County.
5. The Board finds that if this request is approved, a financial guarantee will be
required to ensure the project is completed as planned.
The following vote was taken to table: Krueger, yes; Peterson, yes; Golz,yes; Marzolf,
yes; Chairperson Speer, yes. Motion carried. The Board directed the Zoning staff to
send a letter to the applicant outlining these concerns in detail.
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Motion by Peterson, seconded by Krueger to adjourn meeting at 3:15 p.m.
Respectfully submitted:
�-
Q�
ic and Peterson, Secretary Debbie Zimme ann Recording Secretary
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