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HomeMy WebLinkAboutBoard of Adjustment 11-16-2000 X AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Thomas Dorsey, Chairman St. Croix County Board FROM: Julie Speer, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, November 16, 2000 TIME: 8:30 a.m. LOCATION: Government Center, Hudson, Wisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: OTHER BUSINESS: OLD BUSINESS: NEW BUSINESS: See Attachment ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT: (agenda not necessarily presented in this order) SUBMITTED BY: St. Croix County Zoning Office DATE: November 8, 2000 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *CANCELLATIONS/CHANGES/ADDITIONS PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, November 16, 2000 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. An on-site investigation will be made of each site in question, after which the board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: Variance request to the setback requirements for a Class C Highway pursuant to Section 17.64(1)(c ) 2. Request is for a 25-foot variance from the right-of-way setback line of a Class C Highway. Variance is to allow a newly constructed outbuilding to continue to be located within the right-of-way setback in the Ag/Residential District. APELLANT: Rita Ronningen LOCATION: Located in part of the SW '/4 of the SW '/4 of Section 2,T28N-R18W, Town of Kinnickinnic ADDRESS: 1315 County Road N, Roberts, Wisconsin 2. ARTICLE: Special Exception request for a permit to construct a mechanical lift on applicant's property to allow access to the St. Croix River pursuant to Section 17.36(6)4. APELLANT: Daryl L. and Bonnie G. Zimmer LOCATION: Located in Government Lot 4, Section 22,T30N-R20W, Town of St. Joseph ADDRESS: 1420 Hilltop Ridge, Houlton, Wisconsin 3. ARTICLE: Special Exception request to construct a 250-foot Telecommunications Tower in the Agricultural District pursuant to Section 17.84(2)(b). APELLANT: Richard L. Beer/ Phillippine U. Beer, Owners/APT Minneapolis, Inc., Agent LOCATION: Located in part of the NE '/4 of the NW 1/4, Section 2,T29N-R19W, Town of St. Joseph ADDRESS: 1150 County Road A, Hudson, Wisconsin. 4 ARTICLE : Special Exception request to construct a maintenance building and salt storage for government use pursuant to Section 17.15(6)(u). APPELLANT: St. Croix County Highway Deparatment LOCATION: Located in part of the SE '/4 of the SW '/4, Section 36, T31 N-R19W, Town of Somerset ADDRESS: Site is located west of the Somerset Town Hall off of STH 64, Somerset, Wisconsin - 5. ARTICLE: Variance request to 100-foot property mining line setback to allow continuous mining within the common property line between the Olson gravel pit and the St. Croix County Highway Department gravel pit (Casey property) pursuant to Ordinance No. 226(89)(F(d). APPELLANT: Ralph & Marguerite Olson, Owner/American Materials, Agent LOCATION: Location is along the west line of the E1/2 of the NW 1/4 of Section 11, T31N-R17W, Town of Stanton. The west line is the common property line between the Olson and St. Croix County (Casey) properties. ADDRESS: Off of County Road H &T, New Richmond, Wisconsin. 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 BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES November 16, 2000 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was made. Julie Speer, Dick King, Nick Golz, Rich Peterson and Tom Rose were present. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, and Deb Zimmermann, Administrative Assistant . Chairperson Speer believes this to be a properly noticed meeting. Motion was made by Golz, second by King to adopt the agenda. Motion carried. The Board set the next meeting date as December 21, 2000. The starting time will be 8:30 a.m. The meeting will be held at the Government Center. Motion by King, second by Golz to approve minutes from the October 26th meeting. All in favor. Motion carried. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available if needed. 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, November 16, 2000 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. An on-site investigation will be made of each site in question, after which the board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: Variance request to the setback requirements for a Class C Highway pursuant to Section 17.64(1)(c ) 2. Request is for a 25- foot variance from the right-of-way setback line of a Class C Highway. Variance is to allow a newly constructed outbuilding to continue to be located within the right-of-way setback in the Ag/Residential District. APELLANT: Rita Ronningen LOCATION: Located in part of the SW '/4 of the SW '/4 of Section 2,T28N-R18W, Town of Kinnickinnic ADDRESS: 1315 County Road N, Roberts, Wisconsin 2. ARTICLE: Special Exception request for a permit to construct a mechanical lift on applicant's property to allow access to the St. Croix River pursuant to Section 17.36(6)(a)4. APELLANT: Daryl L. and Bonnie G. Zimmer LOCATION: Located in Government Lot 4, Section 22,T30N-R20W, Town of St. Joseph ADDRESS: 1420 Hilltop Ridge, Houlton, Wisconsin 3. ARTICLE: Special Exception request to construct a 250-foot Telecommunications Tower in the Agricultural District pursuant to Section 17.84(2)(b). APELLANT: Richard L. Beer/ Phillippine U. Beer, Owners/APT Minneapolis, i I i Inc., Agent LOCATION: Located in part of the NE '/4 of the NW 1/4, Section 2,T29N-R19W, Town of St. Joseph ADDRESS: 1150 County Road A, Hudson, Wisconsin. 4 ARTICLE: Special Exception request to construct a maintenance building and salt storage for government use pursuant to Section 17.15(6)(u). APPELLANT: St. Croix County Highway Department LOCATION: Located in part of the SE '/4 of the SW 1/4, Section 36, T31 N-R19W, Town of Somerset ADDRESS: Site is located west of the Somerset Town Hall off of STH 64, Somerset, Wisconsin 5. ARTICLE: Variance request to 100-foot property mining line setback to allow continuous mining within the common property line between the Olson gravel pit and the St. Croix County Highway Department gravel pit (Casey property) pursuant to Ordinance No. 226(89)(F(d). APPELLANT: Ralph & Marguerite Olson, Owner/American Materials, Agent LOCATION: Location is along the west line of the E1/2 of the NW '/4 of Section 11, T31N-R17W, Town of Stanton. The west line is the common property line between the Olson and St. Croix County (Casey) properties. ADDRESS: Off of County Road H &T, New Richmond, Wisconsin. 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: Rita Ronningen Eslinger explained that this request is for a 25-foot variance to allow a structure to remain within the road right-of-way setback. The ordinance requires a structure to be built 133- feet from the centerline of a road, or 100-feet from the road right-of-way. This instance is unique, as the road right-of-way on this property is wider than normal, due to the curve in the road. It was not noticed by the Town, and the Town of Kinnickinnic issued the applicant a building permit to construct a new 30 by 50-foot shed in August of 1999. Eslinger went over the staff report. This issue was brought to the attention of the zoning office through a complaint that the shed was constructed within the 100-foot right-of-way road setback. The following exhibits were introduced: Exhibit 1: Staff report with attachments Exhibit 2: Copy of application and attachments Exhibit 3: Copy of site plan Exhibit 4: Copy of Certified Survey Map Exhibit 5: Copy of a letter from the St. Croix County Highway Department stating no objection to the variance request. Exhibit 6: Copy of a map showing the location of the property. Exhibit 7: Copy of building permit issued from the Town of Kinnickinnic. Rita Ronningen, being duly sworn, is the owner of the property. She went over the history of the construction of the building, stating that the whole building process took about eight 2 - months. She stated that five different people measured the distance from the road to the structure, and no on stated that there was a setback problem. Ronningen believes that the erosion control is much better on the property now, than before. There is a steep hillside going down to the road, and that if this shed is to be moved, there would be trees that would have to be removed. She stated that would cause more erosion control problems, and would not want to see that. Ronningen further stated that by granting this 25-foot variance, it would not be contrary to the public interest. The Board reviewed the Certified Survey Map with Ronningen. Chuck Andrea, being duly sworn, is the Chairman for the Town of Kinnickinnic. He stated that the Town did issue the building permit, and did not realize that there was a wider setback at that part of the road. Andrea said that he believes if the road is ever widened, it would go away from the applicant's property, as there is a steep slope on the side of the road where the structure is located, and the other side of the road, to the north, is the logical place to widen the road, if that ever happens. When the Town issued the building permit, they believed that the structure met the 133-foot setback from the road. The Town supports this variance application and asks the Board for a favorable decision. The Board will visit the site. Article Two: Daryl Zimmer Eslinger explained to the Board that this application is for a mechanical lift on the St. Croix River. Eslinger went over the staff report, explaining that there is already one lift on the bluff face that is shared with a neighbor. The applicant would like to put in a second lift. There are two options to consider with this request. The first option is to construct a lift parallel with the lot line, to the a point near the ordinary high water mark (OHWM) with a connecting walkway form the landing area to a concrete platform. The second option is to remove the existing stairway to the river, and construct a lift in approximately the footprint of the stairs. Bob Heise, of the Land and Water Conservation Department, supports option two, in a letter dated November 6, 2000. He would like to see an erosion control plan put in place for this project. Correspondence was received from the Minnesota/Wisconsin Boundary Area Commission and the Wisconsin Department of Natural Resources, supporting option two. Eslinger went over special considerations listed on the staff report. The Town of St. Joseph has written a letter dated November 6, 2000, supporting this request. The following exhibits were introduced: Exhibit 1: Copy of staff report. Exhibit 2: Copy of application for special exception with narrative with pictures of stairway. Exhibit 3: Copy of site plan Exhibit 4: Letter from the Land and Water Conservation Department Exhibit 5: Engineering data and pictures of lift Exhibit 6: Letter from the Minnesota/Wisconsin Boundary Area Commission Exhibit 7: Letter from the Wisconsin Department of Natural Resources Exhibit 8: Letter from the Town of St. Joseph Daryl Zimmer, being duly sworn, is the owner of the property. He agrees that option two is the best one. He has no problem with taking out the stairs. With option two, the lift will be relatively inconspicuous. 3 Eunice Post, being duly sworn, is with the Wisconsin DNR. The Board had a question on the OHWM labeled on one of the maps as being 675-feet. Eslinger stated that this needs to be established, as that number was the average pool height at the Army Corps of Engineers monitoring site at Stillwater. A discussion was held. If the Board approves this request, one of the conditions would be to submit a plat identifying the OHWM, as the 675- feet may be incorrect. The Board will visit the site. Article Three: APT Minneapolis, Inc./ Richard and Phillippine Beer Fisher told the Board that this request is for a permit to construct a 250-foot lattice telecommunications tower in the Town of St. Joseph. Fisher updated the Board on where the site is located and went over the staff report. He stated that he has received a letter from Jeff Nelson, the county tower consultant, stating that there is a reasonable, technical basis showing the need for the tower. The consultant also supports the proposed height, design and location of the tower. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Copy of Tower Special Exception Application. Exhibit 3: September 14, 2000 correspondence from applicant's attorney explaining justification of the request with attached plans. Exhibit 4: October 2, 2000 letter from staff requesting clarifications/additional information. Exhibit 5: October 13, 2000 letter from attorney addressing issues raised in staff letter . Exhibit 6: November 6, 2000 letter form Town of St. Joseph requesting that the county postpone a decision until the Town has had an opportunity to review county consultants analysis of the request. Exhibit 7: Letter from the Town of St. Joseph asking the Board to postpone a decision until they have reviewed the opinion from Jeff Nelson. Exhibit 8: Structural Analysis from Valmont _ Exhibit 9: Letter from Jeff Nelson, W.M. Montgomery and Associates, stating his opinion on the tower. Fisher added that the opinion from Jeff Nelson was forwarded to the Town, via fax, on Monday, November 13`", for their review. Greg Korstad, being duly sworn, is an attorney representing APT. He stated it is important to them to follow all federal and local codes. This area needs coverage and believe the Beer property is the best location. The proposed tower would be located at the intersection of County Road A and E. A discussion was held on the height of the proposed tower. Korstad stated that a 250-foot tower is needed for proper coverage. The best design is the lattice tower as a monopole design is not feasible for the proposed height. The lattice design allows for any changes in equipment much easier than the lattice. On the engineering report from Valmont, the lattice tower is the one that is suggested for APT to construct. It is designed to collapse upon itself if it fails. Korstad explained that APT did look into using the existing power poles on the property, but they are not tall enough and would not be able to handle the equipment that would be needed. A discussion was held on the 221-foot setback. The Board asked if the location of the tower could be moved to increase the setback from the power lines and the road. Korstad answered that he would discuss with the landowner, but believes that would not be a problem. 4 There was a discussion held on screening around the base of the tower. Korstad stated that if the Board feels screening is necessary, they would be willing to do that. Fisher added that it is a requirement of the ordinance. Pat Collins, being duly sworn, is the Chairperson for the Town of St. Joseph. He asked the Board to hold off on a decision today until a recommendation is forwarded from the Town of St. Joseph. The Town had some questions on height, design and location. A discussion was held. It was noted that all of these questions are addressed in the letter from Jeff Nelson. The Board asked if there were people at the Town meeting that were in favor of the tower. Collins stated that there were people who spoke in favor. Eunice Post, being previously sworn, representing the DNR, stated that she received notice on behalf of the Willow River State Park, and forwarded the notice to the Park officials. That notice was sent from the Zoning Office on October 19, 2000. The Board will visit the site. The Board recessed at 10:00 a.m. and reconvened at 10:15 a.m. Article Four: St. Croix County Highway Department This request is to allow the St. Croix County Highway Department to locate a maintenance storage building and salt storage facility on a property in the Town of Somerset. The proposed facility would be similar to the one in Hudson off of Highway 12. This facility will be replacing the one that is now in Houlton, as that building is located in the state right-of- way and needs to be removed for the Highway 35/64-realignment project. The Town of Somerset has no objection to this request. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application with narrative Exhibit 3: Copy of site plan Exhibit 4: Letter from the Town of Somerset Steve Schofield, being duly sworn, is representing the Highway Department. He reiterated that this maintenance facility is to replace the one now in Houlton, due to the State Highway 35/64 project. The building will house trucks, graders, loaders, etc. A buffer will be placed between the salt storage building and the west line of the property. They plan to move in some pine trees onto the property. There is not a septic system in at this time, but the property may be annexed into the city in the spring of this year, and they would be able to then hook up to city water and sewer. The Highway Department is in the process of getting approvals from the Department of Commerce. They are within the setbacks from the property lines, but will move the salt shed back another 15-feet to accommodate for the proposed buffer. They may also put some trees around the front of the project, as well, to make it look a nicer. Golz asked when they would be starting this project. Schofield stated that they have already started the project. The Board has already viewed this site. Decision: Motion by Rose, second by Golz to approved this request based on the following findings: 1) The Town of Somerset approves of the request. 5 2) The Highway Department is working with all appropriate agencies for permits needed. 3) The new site is necessary, as they will be losing the Houlton site due to the State Highway 35/64-realignment project. 4) The Board believes the facility serves a public need and is in the best interest of the public. 5) The use is compatible with surrounding uses. There is a similar Town building near this location. 6) There was no objection to the request. 7) The spirit and intent of the ordinance will be met by approving this request. With the following conditions: 1) The applicant is to provide a tree planting plan for approval by the Zoning Office for the west side (adjacent to salt storage shed) of the property per town recommendation. There is also to be screening along the roadway on both sides of the gate. 2) The applicant is to secure a sanitary permit before commencing construction for the maintenance building. 3) The applicant is to secure all necessary building permits from the town before commencing construction. 4) The setback for a Class B highway are 150 feet from the centerline or 100 feet from the right-of-way, which ever is greater. 5) All security lighting shall be illuminated downward along the buildings. 6) Dust abatement practices shall be used to minimize when necessary. 7) 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 timeframe 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. 8) Any minor change (or addition) in expansion of the project, including the business, signage, lighting, hours of operation, shall require review and approval by the zoning administrator. 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. The following vote was taken to approve: King, yes; Peterson, yes; Golz, yes; Rose, yes; Chairperson Speer, yes. Motion carried. Article 5: American Materials Fisher explained that the Board granted a permit to American Materials for non-metallic mining last month, and this request today is for the second part of that application. St. Croix County operates a gravel pit on land that joins this property. The Board gave a waiver to the 100' setback from a property line to St. Croix County, and American Materials is asking for that same waiver. The intent behind this is to allow continuous mining between the two properties to make use of as much material as is possible, and to facilitate a better reclamation plan. The west line of the property is the common line. Fisher stated that the Zoning office supports this request from American Materials. Decision: Motion by Golz, second by Rose to approve the variance request to waive the 100 foot property mining setback between property lines based on the following findings: 6 1) The property line is located between the Olson and St. Croix County (formerly Casey) properties. This variance will allow mining through this "common" property line. 2) This variance provides for improved reclamation for"both" properties. Applicant has stated that they will work with the DNR Prairie Restoration Program. 3) The Town of Stanton approves of the request. 4) There is no objection from surrounding landowners. 5) The spirit and intent of the ordinance will be met. With the following conditions: 1) Applicant is granted a variance to waive the 100-foot property line setback requirement and allow mining in-between the common property lines of County (former Casey) and Olson. This variance includes the west line of the east %2 of the NW '/4 T 31 N, R1 7W, Section 11 Town of Stanton. 2) Applicant must maintain a 100-foot setback from all property lines and road right- of-ways excepting as stated elsewhere. 3) Any change to the above conditions shall require a new public hearing. 4) 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. 5) Failure to comply with the above conditions shall result in revocation of the Special Exception Permit. The following vote was taken to approve: King, yes; Golz, yes; Rose, yes; Chairperson Speer, yes. Peterson abstained. Motion carried. The Board recessed at 10:40 a.m. to view the sites. Decisions The Board reconvened at 12:20 p.m. to render the remaining Decisions. Article One: Rita Ronningen A motion was made by Peterson, second by King to approve the applicant's request for a variance on the following findings: 1) The Board viewed the site and due to the topography of the land, determined that this would be the best location for the building. The Board further believes this to be a safe location for the building, and would minimize erosion problems on the property. 2) The Board found that there is a steep slope on the property from the building down to the Class C Highway that makes up the road right-of-way. The road right-of-way on the curve within this property is unique and larger than the typical 66-foot right-of-way. It is unlikely that if the road is ever widened, that it would encroach on the property, as there is land to the north of the road that would be better suited to widen a road. 3) The St. Croix County Highway Department has reviewed and has no objection to the request. 4) The Town of Kinnickinnic appeared at the hearing and recommended approval of the request. 5) This 25-foot variance is not contrary to the public interest. 6) There was no opposition to the request. 7) The Board believes that by granting this variance, the spirit and intent of the ordinance is being met. 7 The variance is approved on the following vote: King, yes; Peterson, yes; Golz, yes; Rose, no; Chairperson Speer, yes. Motion carried on a 4-1 vote. Article Two: Daryl Zimmer Motion by Golz, second by Speer to approve the request for a mechanical lift on the St. Croix River. The Board reviewed two options, and made the decision to approve option two based on the following findings: 1) The Board found that by installing the lift, and removing the existing stairway, there would be an improvement to the property, as the lift would be less obtrusive than the stairway currently is. 2) The lift would minimize the disturbance of the bluff and the natural vegetation. 3) The plans for the lift have been designed by a professional engineer. 4) The lift is a conditionally permitted activity. 5) The installation of a lift would allow reasonable access to the river for the property owner. 6) The proposed lift will be shared with neighboring property owners. 7) There were no objections to the request. 8) The use is compatible with surrounding properties. 9) The Town of St. Joseph supports the request. 10) The Board believes that by granting this permit, the spirit and intent of the ordinance will be met. With the following conditions: 1) The applicant shall submit a plat identifying the OHWM pursuant to section 17.36 (6) (b) 1. 2) The applicant shall comply with the provisions of 17.36 (5)(i) lifts. 3) No reflective glass to be on the lift. 4) The applicant shall submit an erosion control plan before commencing construction. 5) The applicant shall submit a planting plan depicting how the site will be re- established with vegetation. 6) Comply with all DNR and Army Corps of Engineers requirements and obtain any permits necessary. 7) The applicant shall have one (1)year from the issuance of the Special Exception permit to commence construction. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before the mechanical lift can be constructed. 8) Any minor change (or addition) in expansion of the project, 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. The following vote was taken to approve: King, yes; Rose, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Article Three: APT Minneapolis, Inc/ Richard and Phillippine Beer Motion by Rose, second by Peterson to table the request. A vote was taken to table, with 2 voting for, 3 voting against. Motion failed due to a 2-3 vote. Motion by Golz, second by King to approve the request for a permit to construct a telecommunications tower based on the following findings: 1) The Board found that the tower consultant for St. Croix County recommends approval of the tower, based on his research of the project. - 8 2) The use is compatible with the surrounding property. There are other existing power poles in the area. 3) The construction of the tower would serve a public need for service in that area. 4) The applicant has been working with all appropriate agencies to secure proper permits for the project. 5) There were no objections by surrounding landowners. 6) The Board believes that by granting this permit, the spirit and intent of the ordinance would be met. With the following conditions: 1) A building permit must be obtained from the Town of St. Joseph prior to construction. 2) Tower to be constructed according to the plans submitted. Applicant to follow all written stipulations noted in their application. 3) The Zoning Office is to be notified at the start and the finish of the project. 4) Project to meet all requirements of the Wireless Communications Facilities Ordinance (attached). 5) All FAA and FCC approvals/permits are to be obtained 6) Applicant to agree to allow collocation of 3 competitors on tower at market rate consistent with 17.86 (3). 7) The color of the tower is to be galvanized steel. 8) The tower must be removed, and site restored within 12 months of cessation of operation or use (consistent with 17.83 (6)). 9) Applicant to submit a detailed screening plan consistent with 17.86 (4), of the Wireless Communication Facilities Ordinance, 10) Applicant to submit proof, with scaled site plan and setback distances noted that they comply with Setbacks and Separation requirements set by the Board. Towers must be setback a minimum of 250-feet from the power lines and a minimum of 250-feet from the town road. A new site plan must be submitted to verify that this condition is met. 11) Any change (or addition) in use, or expansion of the 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. 12) Failure to comply with the above conditions shall result in revocation of the Special Exception Permit. 13) The applicant shall have one (1) year from the issuance of the Special Exception permit to finish the project. Failure to start the project in this timeframe 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 starting or completing construction on the project. The following vote was taken to approve: Peterson, yes; Rose, no; King, yes; Golz, yes; Chairperson Speer, yes. Motion carried on a 4-1 vote. The Board will look at the Vang request and the Morrow request, that were previously tabled, at the meeting in December. The Board will set a date in January when a decision will be made on these two applications. The staff will notify the applicants. 9 A motion was made by Golz, second by King to adjourn at 1:15 p.m. All in favor. Motion carried. Respectfully submitted: Rich Peterson, Secretary Debbie Zimmerm , Recording Secretary 10