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HomeMy WebLinkAbout032-2008-40-050 (2) * ST. AOIX COUNTY WISCONSIN -- _ ZONING OFFICE �': �����•••• ST. CROIX COUNTY GOVERNMENT CENTER �. `� 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680• Fax (715) 386-4686 November 1, 2004 File Ref: 32-04 The Kraemer Co.,LLC Attn: Benny Stenner PO Box 235 Plain, WI 53577 Re: St. Croix County Board of Adjustment Decision, Special Exception Permit for a Temporary Ready-Mix Plant P & P Properties of Somerset,Inc.,Property Owner Co.#: 032-2008-40-050,032-2010-30-050 Dear Mr. Stenner: The St. Croix County Board of Adjustment has reviewed your request for a special exception permit for a temporary ready-mix plant on the site owned by P &P Properties of Somerset,Inc 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. Sinc ly, David Fodroczi Planning and Zoning Director js Enclosure cc: Jeri Koester, Clerk,Town of Somerset,w/enclosure Pete Kling,LWCD,w/enclosure P &P Properties of Somerst,Inc.,w/enclosure r FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY,WISCONSIN Case: 32-04 Applicant: P&P Properties of Somerset, Inc.,owner/ The Kraemer Co.,LLC,Agent Complete Application Received: August 3,2004 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 The Kraemer Co.,LLC and the owner of the property is the P&P Properties of Somerset,Inc. 2. The site is located off of State Highway 64 in the NW '/<of the NW '/4 of Section 2,T30N-R19W and the NW '/4 of the NW'/a of Section 3,T30N-R19W,Town of Somerset, St. Croix County, Wisconsin. 3. The applicant filed with the Zoning Office an application for a special exception request to locate a temporary ready-mix plant on the P&P Properties site to supply the concrete for the STH 64 highway project. 4. 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. 5. The Town of Somerset has recommended approval of the request. 6. The St. Croix County Land and Water Department has reviewed the application and is satisfied that the application has adequately addressed site needs. 7. 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. 8. 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. 9. There was no public opposition to the request. 10. The Board finds that the request is not contrary to the public interest. 11. The Board finds that the spirit and intent of the ordinance would be met by granting this request. 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 to locate a temporary concrete(ready-mix)plant in the Ag/Residential District,subject to 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 2006). This approval allows the Kraemer Company to sell ready-mix concrete aggregates to WDOT to be utilized in the construction STH 64. 2 i 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. 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)(f)4.1 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. 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 unanimously. APPRAi.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 3 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 F ADJUSTMENT i Signed: z� =�az' Ju ie Sp I ers Date Filed: 11/01/04 Attest: ` David odroczi,Plan n' g Director 4 Board of Adjustments - September 30, 2004 Page 1 of 9 M.INU 1'ES BOARD OF ADJUSTMENT SEPTEMBER 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 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 Motion 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, 11o1 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: 184611oth 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 http://www.co.saint-croix.wi.us/Committee/Minutes/2004/BOA04/boaO93004.htm 1/26/2006 Board of Adjustments - Septem er 30, 2004 • Page 2 of 9 LOCATION: The NW1/4 of the NW1/4,Section 12,T3oN-R2oW,Town of St.Joseph ADDRESS: 1366 State Street, Houlton,WI 54082 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 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 i 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 9:4o 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, 200 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 http://www.co.saint-croix.wi.us/Committee/Minutes/2004/BOA04/boaO93004.htm 1/26/2006 Board of Adjustments - September 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)1 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)1, 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. i 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(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 http://www.co.saint-croix.wi.us/Committee/Minutes/2004/BOA04/boaO93004.htm 1/26/2006 Board of Adjustments - September 30, 2004 Page 4 of 9 • • 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. i, 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 2'7,2004) 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 4 i http://www.co.saint-croix.wi.us/Committee/Minutes/2004BOA04/boaO93004.htm 1/26/2006 Board of Adjustments - Septem er 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. 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 httP://www.co.saint-croix.wi.us/Committee/M inutes/2004/B OA04/boa093 004.htm 1/26/2006 Board of Adjustments - September 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 prior 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. minor change or addition to the project,including but not limited to design of the 13. Any g P J g 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. E 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. http://www.co.saint-croix.wi.us/Committee/Minutes/2004/BOA04/boa093004.htm 1/26/2006 Board of Adjustments - September 30, 2004 Page 7 of 9 1* 0 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(i)(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. http://www.co.saint-croix.wi.us/Committee/Minutes/2004BOA04/boaO93004.htm 1/26/2006 Board of Adjustments - Sept ber 30, 2004 Page 8 of 9 6 s 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. intent of the ordinance would be met b granting 8. The Board finds that the spirit and Y g g this request. With the following conditions: i. This approval allows the Kraemer Company to locate a temporary ready-mix p lant and resources on the P&P roe for u to two ears from related equipment and aggregate p p rtY P Y 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. http://www.co.saint-croix.wi.us/Committee/Minutes/2004/BOA04/boaO93004.htm 1/26/2006 Board of Adjustments - Septe ber 30, 2004 Page 9 of 9 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. 17A8(i) (f)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 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/boaO93004.htm 1/26/2006