HomeMy WebLinkAbout030-2055-50-000 (2) - � ST. C0. 6IX COUNTY
WISCONSIN
-- ZONING OFFICE
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ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
" (715) 386-4680 • Fax (715) 386-4686
October 29, 2004 File Ref: 29-04
Chris Bauer
1366 State Street
Houlton, WI 54082
Re: Board of Adjustment Decision
Variance to Encroach within the Road Setback
Computer ID: 030-2055-50-000
Dear Mr. Bauer:
The St. Croix County Board of Adjustment (Board) has reviewed your request for a variance to
encroach within the road setbacks,of County Road E and State Street and has approved the request
enclosed document is the formal decision regarding our with conditions. Thee g g Y application.
You must obtain a sanitary permit from the County and contact the Town of St. Joseph to obtain a
building permit prior to beginning construction of the home and garage. Should you have any
questions or concerns,please contact Jenny Shillcox at 715-386-4682.
Since r y,
David Fodroczi
Planning and Zoning Director
js
Enclosure
cc: Marie Schmit, Clerk,Town of St. Joseph,w/enclosure
FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF•ADJUSTMENT
ST. CROIX COUNTY,WISCONSIN
Case: 29-04
Applicant: Chris Bauer, owner
Complete Application Received: August 24,2004
Hearing Notice Publication: Weeks of September 6 and 13,2004
Hearing Date: September 30,2004
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 applicant is Chris Bauer, 1366 State Street,Houlton,W154082.
2. The site is located at the same address and is located in the NW '/4 of the NW '/4, Section 27,
T30N-R20W,Town of St. Joseph, St. Croix County, Wisconsin.
3. The applicants filed an application with the Zoning Office to construct a home and attached
garage that encroaches 60-feet within the County Road E(Class C)setback and 26-feet within
the State Street(Class E)setback.
4. The Board of Adjustment finds that the requirements have been met to grant a variance to
encroach within the road setbacks pursuant to Sections 17.64(1)(c)2, 17.64(1)(e)2, and 17.70
(5)(c)3 of the St. Croix County Zoning Ordinance.
5. The Board finds that a literal enforcement of the ordinance would cause an unnecessary hardship
regarding the location of the proposed home and garage on the property.
6. The Town of St.Joseph has not submitted a letter of approval but will be holding a public hearing
on the application on October 7,2004.
7. The Board finds that the request is not contrary to the public interest and will in fact improve upon
the existing condition of the property.
8. The Board finds that the spirit and intent of the ordinance would be met by granting the request for
the encroachment into the road setback,and substantial justice would be done.
D MM
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 variance to encroach within the road setbacks of County Road E and State
Street, subject to the following conditions:
1. Prior to beginning construction of the proposed home, the applicant must abandon the cistern
located near the eastern property line.
2
2. Prior to beginning construction of the proposed home, the applicant must contact the DNR to
certify that no underground storage tanks exist on the site and must remove any if found.
3. Prior to beginning construction of the proposed home,the applicant must remove the old outhouse
building found on the property Y and properly abandon the pits below the outhouse building.
The following vote was taken to approve: Jensen, yes; Nelson, yes; Luckey, yes; Chairperson Speer, yes.
Motion carried unanimously.
APPEA1.RIGHTS
Any person aggrieved by this decision may file an appeal in SC 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,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 A JUSTMENT
Signe .
Ju ie peer,C
Date Filed: 10/29/04 Attest:
Davi Fodroczi, lanning an or
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Board of Adjustments - Septemi 30, 2004 • Page 1 of 9
MINUTES
BOARD OF ADJ Ili S"I MEN'I'
SEI'I'EM:BER 30,2004.
(This hearing recorded by Northwestern Court Reporters)
The meeting was called to order by Chairperson Julie Speer at 8:3o a.m. A roll call was made. Julie
Speer,Art Jensen, Linda Luckey and Sue Nelson were present. Stan Krueger was absent and excused.
Staff included: Pete Kling, Land and Water Conservation Dept., David Fodroczi, Planning and
Zoning Director,Jenny Shillcox,Zoning Specialist and Deb Zimmermann,Paralegal/Office Manager.
Chairperson Speer believes this to be a properly noticed meeting.
Motion was made by Nelson,seconded by Jensen to adopt the agenda.Motion carried.
The Board set the meeting dates for October,November and December as follows: October 21st,
November 18th, and December 15tH The meetings will be held in the Community Room on the
lower level of the Government Center.The starting time will be 8:3o a.m.
MINUTES
jMotion by Speer,seconded by Jensen and carried to adopt the July 22,2004 minutes as written.
Motion by Jensen and seconded by Nelson and carried to adopt the August 26, 2004 minutes as
written.
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,September
30,2004 at 8:3o a.m.at the Government Center,llol 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 height requirements of an accessory structure and the
driveway separation requirements pursuant to Section 17.12(5)and 17.64(5)
3(c)2. The applicant is requesting to construct an accessory structure and a
second access on a lot in the Ag/Residential District.
APPELLANT: Lawrence and Laurie Winkler
LOCATION: The NE'A of the SE 1/4, Section 33,T31N-R18W,Town of Star Prairie
ADDRESS: 1846 uoth St.,New Richmond,WI 54017
2. ARTICLE: Variance request to the highway setback requirements of a Class C and Class E
road pursuant to Section 17.64(c)2 and 17.64(e)2. The applicant is
requesting to construct a home on the property in the Village of Houlton.
APPELLANT: Chris Bauer
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LOCATION: The NW1/4 of the NWIA,Section 12,T3oN-R2oW,Town of St.Joseph
ADDRESS: 1366 State Street,Houlton,WI 54o82
3. ARTICLE: Special Exception request to operate a temporary ready-mix concrete plant
primarily for the WDOT STH 64 project pursuant to Section 17.16(6)(v).
APPELLANT: P&P Properties,owner/The Kraemer Co.,agent
I
LOCATION: The NW 1/4 of the NW 14,Section 2,T2oN-R19W,Town of Somerset
ADDRESS: Off of State Highway 64, Somerset,WI
4. ARTICLE: CANCELED:Special Exception request for a permit for filing,grading and
rock riprapping for shoreline protection in the St.Croix Riverway District
pursuant to Section 17.36(6)3.
APPELLANT:Joe Merchak
LOCATION: The SW 1/4 of the NW 1/4,Section 36,T28N-R2oW,Town of Troy.
ADDRESS: 210 North Ilwaco Road, River Falls,WI 54022
5. ARTICLE: CANCELED: Special Exception request for a major home occupation in the
Ag/Residential District pursuant to Section 17.155(6)
APPELLANT: Loren and Marilyn Smeester
LOCATION: The SE 1/4 of the SW 1/4,and the SW 1/4 of the SE 1/4,Section 2,
T28N-R17W,Town of Rush River.
ADDRESS: 1954 5othAvenue, Baldwin,WI 54002
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
The hearing was opened at 8:3o a.m. and testimony taken and recorded by Northwestern Court
Reporters. The Board recessed from 9:40 a.m.to 1:oo p.m.to view the sites.After hearing testimony
on the above articles, reviewing the material in the record, and conducting a site visit, the Board
rendered the following decisions:
Old Business:
C.A.and Jeannette Richards(tabled on August 26, 2004)
Motion by Speer, seconded by Nelson to approve the special exception requests for filling and
grading, land division and filling and grading on slopes greater than 20%in the St. Croix Riverway
District and for variance requests for filling and grading on slopes greater that 12% and to remove
vegetation to gain access into a parcel in the St. Croix Riverway District, based on the following
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Board of Adjustments - Septemr 30, 2004 • Page 3 of 9
findings:
1. The Board of Adjustment finds that the requirements have been met to grant a variance
for the filling and grading on slopes greater than 12%in the St.Croix Riverway pursuant to Section
17.36(5)(a)i and to grant a variance to remove vegetation to gain access to a parcel of land in the St.
Croix Riverway District pursuant to Section 17.15(6)(t)of the St.Croix County Zoning Ordinance.
2. The Board of Adjustment finds that the requirements have been met to grant the special
exceptions for land division and filling and grading pursuant to Sections 17.36(5)(a)i, 17.36(6)(a)3,
and 17.15(6)(t)of the St.Croix County Zoning Ordinance.
3. There was no opposition to the request.
4. The Town of St.Joseph has recommended approval of the request.
5. The Land and Water Conservation Department has reviewed the application and is
satisfied that the application will adequately address site needs provided that comments in their
letter dated September 22, 2004 are addressed.
6. The Board finds that the majority of the concerns that were brought up will be addressed
through the subdivision review if this property is subdivided.
7. The plans for the project have been designed by professional engineers.
8. The Department of Natural Resources did not submit an objection to the request.The
Board finds that the spirit and intent of the ordinance would be met by granting the requests.
With the following conditions:
1. Before this permit is valid,the applicant shall address the St. Croix County LWCD
comments listed in a letter dated September 22,2004.
2. Before this permit is valid,the applicant shall obtain the proper permits and address
concerns outlined by the Wisconsin DNR in two a-mails dated September 28,2004 and
address any comments by the Army Corps of Engineers.
3. The applicant shall submit to the Zoning Administrator a landscape and erosion control
plan prepared and certified by a licensed engineer or land surveyor.
4. The applicant shall follow the St.Croix County Subdivision Ordinance to create the
subdivision. This process includes but is not limited to additional Town,County, DNR,and
ACOE review,submittal of financial performance and maintenance guarantees,construction
oversight, and submittal of record drawings.
5. The Zoning office is to be notified at the start and the finish of the project.
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(i)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
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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. 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: Jensen, yes; Nelson, yes; Luckey, no; Chairperson Speer,
yes. Motion carried on a 3-1 vote.
Dan Casey(tabled on MAY 27,2004)
Motion by Jensen,seconded by Speer to approve the requests for a special exception permit to allow
filling and grading in the shoreland area of Cedar Lake and for land disturbance on slopes greater
than 20%,based on the following findings:
1. The Board of Adjustment finds that the requirements have been met to grant the special
exception requests for filling and grading in the shoreland area pursuant to Section 17.29(2)
(c)2 and for land disturbance on slopes greater than 20%pursuant to Section 17.15(6)(t)of
the St.Croix County Zoning Ordinance.
2. The Cedar Lake Association supports the request.
3. The Town of Star Prairie has recommended approval of the request.
4. The Department of Natural Resources does not object to the issuance of the special
exception permit for the project.
5. The St.Croix County Land and Water Department does not object to the issuance of the
special exception permit for the project if comments in a letter dated September 22,2004
are addressed.
6. The County Highway Department does not object to the issuance of the special exception
permit for the project.
7. The Board finds that the applicant has submitted a new plan showing that there will be
less grading done on the property than previously requested.
8. 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 on 20%in the shoreland area of Cedar
Lake to establish a building location.
2. Before this permit is valid, the applicant shall address the LWCD concerns listed in a
letter dated September 22,2004 as amended by the Board:
1) The applicant must provide to the LWCD a construction schedule with
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Board of Adjustments - Septemi 30, 2004 • Page 5 of 9
estimated beginning and ending dates and including a winter cessation plan.
2) The applicant must use the temporary storage pond for permanent
stormwater management and clearly identify the pond outlet structure.
III 3) The applicant must identify the Class and Type(per DOT PAL)of the
erosion mat used on the site.An additional erosion mat must be installed to
the 114'elevation on the inlet side of the pond.
4) Sediment logs must be installed in the driveway ditches.One sediment log
should be installed for every 2'of drop in elevation.
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
shall 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. 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. 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 must secure a township building permit before commencing home
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Board of Adjustments - Septem er 30, 2004 Page 6 of 9
construction.
9. The Zoning Office is to be notified at the start and the finish of the project.
10. The applicant shall submit record drawings to the Zoning Office prepared and certified by
a professional engineer upon completion of the project.
11. The applicant shall submit to the Zoning Office photographs of the property YP rior to the
beginning and upon the completion of the project for at least four(4)specified vantage
points as identified by the Zoning Staff at the pre-construction meeting.
12. The granular material removed from the site cannot be used for public projects as was
referred to in the letter from Daniel Fedderly.
13. 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.
14. 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.
15. 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.
16. 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: Jensen, yes; Nelson, yes; Luckey, no; Chairperson Speer,
yes. Motion carried on a 3-1 vote.
New Business
Lawrence and Laurie Winkler
Motion by Nelson, seconded by Speer to approve the request for a five-foot variance to the height
requirements of an accessory structure based on the following findings:
1. The Board of Adjustment finds that the requirements have been met to grant a variance
to the height requirements for an accessory structure to allow the proposed structure to be 20-feet in
height pursuant to Section 17.15(2)of the St.Croix County Zoning Ordinance.
2. The Board finds that a literal enforcement of the ordinance would cause an unnecessary
hardship regarding the height requirements for the pole barn.The current standards of the
ordinance do not allow for storage of oversized vehicles that require larger doors.
i
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Board of Adjustments - Septe*30, 2004 • Page 7 of 9
3. The Town of Star Prairie has approved this request.
4. There was no public opposition 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 the
request for the height variance,and substantial justice would be done.
The following vote was taken to approve: Nelson,yes; Jensen,yes; Luckey,yes; Chairperson Speer,
yes. Motion carried.
Motion by Luckey, seconded by Jensen to table the variance request to allow a second driveway
access on the parcel. After viewing the site, the Board asked that the applicant provide more
information on the configuration of the proposed second driveway and alternatives for a conforming
turn-around.
The following vote was taken to table: Nelson,yes;Jensen,yes; Luckey,yes; Chairperson Speer,yes.
Motion carried.
Chris Bauer
Motion by Jensen,seconded by Speer to approve the request for a variance to construct a home and
attached garage that encroaches 6o-feet within the County Road E(Class C)setback and 26-feet
within the State Street(Class E)setback,based on the following findings:
1. The Board of Adjustment finds that the requirements have been met to grant a variance
to encroach within the road setbacks pursuant to Sections 17.64(1)(c)2, 17.64(1)(e)2,and 17.70(5)
(c)3 of the St.Croix County Zoning Ordinance.
2. The Board finds that a literal enforcement of the ordinance would cause an unnecessary
hardship regarding the location of the proposed home and garage on the property.
3. The Board finds that there are unique characteristics on the property as the existing lot is
a legal,non-conforming lot that was created prior to the ordinance.
4. The Town of St.Joseph has not submitted a letter of approval but will be holding a public
hearing on the application on October 7,2004.
5. The Board finds that the request is not contrary to the public interest and will in fact
improve upon the existing condition of the property.
6. The Board finds that the spirit and intent of the ordinance would be met by granting the
request for the encroachment into the road setback,and substantial justice would be done.
With the following conditions:
1. Prior to beginning construction of the proposed home,the applicant must abandon the
cistern located near the eastern property line.
2. Prior to beginning construction of the proposed home,the applicant must contact the
DNR to certify that no underground storage tanks exist on the site and must remove any if
found.
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3. Prior to beginning construction of the proposed home,the applicant must remove the
old outhouse building found on the property and properly abandon the pits below the
outhouse building..
The following vote was taken to approve: Nelson, yes; Jensen,yes; Luckey, yes; Chairperson Speer,
yes. Motion carried.
P&P Properties of Somerset, Inc., owner/The Kraemer Co., LLC,agent
Motion by Nelson, seconded by Jensen to approve the request for a special exception permit for the
temporary establishment and operation of a portable ready-mix concrete plant on property owned by
P&P Properties of Somerset,Inc.in the Ag/Residential District,based on the following findings:
1. The Board of Adjustment finds that the requirements have been met to grant the special
exception pursuant to Section 17.15(6)(v)of the St.Croix County Zoning Ordinance.
2. The Town of Somerset has recommended approval of the request.
3. The St.Croix County Land and Water Department has reviewed the application and is
satisfied that the application has adequately addressed site needs.
4. The Board finds that by granting this request,it will serve a public need,as the plant will
be primarily used for road projects in St.Croix County.
5. The plant is being located in an existing,operating quarry that has historically been very
well run. By locating the operation in this quarry,it will minimize truck traffic in the area.
6. There was no public opposition to the request.
7. The Board finds that the request is not contrary to the public interest.
8. The Board finds that the spirit and intent of the ordinance would be met by granting this
request.
With the following conditions:
1. This approval allows the Kraemer Company to locate a temporary ready-mix plant and
related equipment and aggregate resources on the P&P property for up to two years from
the date of the decision(September 20o6). This approval allows the Kraemer Company to
sell ready-mix concrete aggregates to WDOT to be utilized in the construction STH 64.
2. All petroleum products kept onsite and related to the ready-mix plant operations shall be
stored in State approved fuel storage containers.
3. Absorbent pads,design to accept petroleum products,must be located at the refueling
site.
4. The applicant shall provide the Zoning Office with the name and phone number of the
person responsible for operating the ready-mix plant.
5. The applicant is responsible for the dust abatement.
6. The plant operations shall be conducted during the daylight hours.
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7. The property shall be kept in a neat and orderly manner.
8. This approval does not include storage of hazardous materials onsite.
9. 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)
(fl 4•]
10. If lighting is necessary it must be illuminated downward and is to be shielded away from
neighboring properties. (A light plan may be required,if warranted).
11. 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.
12. 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.
13. 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.
14. 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: Jensen, yes; Nelson; yes; Luckey,yes; Chairperson Speer,
yes. Motion carried.
Meeting was declared adjourned at 3:10 p.m.
Respectfully submitted:
Sue Nelson,Secretary
Debra Zimmermann, Recording Secretary
http://www.co.saint-croix.wi.us/Committee/Minutes/2004/BOA04/boa093004.htm 2/7/2006