HomeMy WebLinkAboutBoard of Adjustment 10-26-2000 i
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, October 26, 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: Board of Adjustment Workshop
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: October 19, 2000
COPIES TO: County Board Office County Clerk
Committee Members News Media/Notice Board
*CANCELLATIONS/CHANGES/ADDITIONS
'i
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, October 26, 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 h
question, after which the board will return for the purpose of deliberating and voting on the appeals.
1. ARTICLE: Request to allow an amendment to the current Special Exception Permit dated
September 14, 1998. County Concrete is asking to expand the permit to include the
sale of Redi Mix, as well as allowing vehicle maintenance on company vehicles at the
plant, pursuant to Section 17.19(1). The business is located in the Industrial District.
APELLANT: Sonnetag Family Limited Partnership/County Concrete Corporation, Agent
LOCATION: Located in the NW'/4 of the NW '/4 of Section 34,T29N-R18W, Town of Warren
ADDRESS: 1203 70th Avenue, Roberts, Wisconsin
2. ARTICLE: Special Exception request for a permit to allow more than two residences on a farm in
the Agricultural District. Request is to allow owner to build two three-bedroom homes
for employee housing on his farm pursuant to Section 17.14(6)(a).
APELLANT: John and Georgine Schottler
LOCATION: Located in the SE '/4 of the SW 1/4, Section 22,T30N-R19W, Town of St. Joseph
ADDRESS: Off of Valley View Trail, Somerset, Wisconsin
3. ARTICLE: *Canceled*Special Exception request for a permit to operate a commercial business in
a Commercial District. Request is to allow Day and Nite Towing, LLC to construct and
operate a towing business on a commercial site pursuant to Section 17.18(1).
APELLANT: Scott Nelson, Owner/Glen Meyer, Agent
LOCATION: Located in the SE '/of the SE 114, Section 1,T28N-R17W, Town of Rush River
ADDRESS: Off of 501h Avenue, near the 1-94 and Highway 63 interchange, Baldwin, Wisconsin.
4 ARTICLE: Special Exception request for non-metallic mining permit in the Ag-Two District.
Request is to operate a non-metallic mining operation on this property pursuant to
Ordinance No. 226(89). A non-metallic mine already exists on the property.
APPELLANT: Ralph and Marguerite Olson/American Materials Corp., Agent
LOCATION: The NW'/4 of the NW'/4 and the E %2 of the NW '/of Section 11, T31 N-R17W, Town of
Stanton
ADDRESS: Off of County Trunk H and 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
October 26, 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, and Tom Rose were present. Rich Peterson
was absent and excused. Chairperson Speer believes this to be a properly noticed
meeting.
Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, and Deb
Zimmermann, Administrative Assistant
Motion was made by Golz, second by King to adopt the agenda. Motion carried.
The Board set the next meeting date as November 16, 2000. The starting time will be
8:30 a.m. The meeting will be held in the Community Room (lower level) at the
Government Center.
Motion by King, second by Rose to approve minutes from the September meeting with a
change on Page 8, to strike the first sentence in #3. All in favor. Motion carried.
Eslinger informed the Board that everyone will meet in Hammond at 11:15 a.m. to go to
the seminar in Eau Claire on November 2"d
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,
October 26, 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: Request to allow an amendment to the current Special Exception
Permit dated September 14, 1998. County Concrete is asking to
expand the permit to include the sale of Redi-Mix, as well as
allowing vehicle maintenance on company vehicles at the plant,
pursuant to Section 17.19(1). The business is located in the
Industrial District.
APELLANT: Sonnetag Family Limited Partnership/County Concrete
Corporation, Agent
LOCATION: Located in the NW 1/4 of the NW 1/4 of Section 34,T29N-R18W,
Town of Warren
ADDRESS: 1203 70th Avenue, Roberts, Wisconsin
2. ARTICLE: Special Exception request for a permit to allow more than two
residences on a farm in the Agricultural District. Request is to allow
owner to build two three-bedroom homes for employee housing on
his farm pursuant to Section 17.14(6)(a).
APELLANT: John and Georgine Schottler
LOCATION: Located in the SE '/4 of the SW '/4, Section 22,T30N-R19W, Town of
St. Joseph
ADDRESS: Off of Valley View Trail, Somerset, Wisconsin
3. ARTICLE: *Canceled*Special Exception request for a permit to operate a
commercial business in a Commercial District. Request is to allow
Day and Nite Towing, LLC to construct and operate a towing
business on a commercial site pursuant to Section 17.18(1).
APELLANT: Scott Nelson, Owner/ Glen Meyer, Agent
LOCATION: Located in the SE '/4 of the SE '/4, Section 1,T28N-
R17W, Town of Rush River
ADDRESS: Off of 50t" Avenue, near the 1-94 and Highway 63 interchange,
Baldwin, Wisconsin.
4 ARTICLE: Special Exception request for non-metallic mining permit in the
Ag-Two District. Request is to operate a non-metallic mining
operation on this property pursuant to Ordinance No. 226(89). A
non-metallic mine already exists on the property.
APPELLANT: Ralph and Marguerite Olson/American Materials Corp., Agent
LOCATION: The NW '/4 of the NW '/a and the E %z of the NW '/4 of
Section 11, T31 N-R17W, Town of Stanton
ADDRESS: Off of County Trunk H and 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: Sonnetag Family Limited Partnership/County Concrete
Eslinger explained that this request is to amend a previously approved special exception
permit to include the sale of Redi-Mix concrete and to maintain company vehicles on site
as part of the existing plant business. The property is zoned Industrial.
Eslinger went over the staff report. The Town of Warren has no objections to this request.
The following exhibits were introduced:
Exhibit 1: Staff report with attachments
Exhibit 2: Copy of application and attachments
Exhibit 3: Copy of site plan and narrative
Exhibit 4: Copy of letter from St. Croix Economic Development Corp.
Exhibit 5: Copy of zoning map
Exhibit 6: Copy of letter from the Town of Warren and the Village of Roberts with no
objections.
Exhibit 7: Findings and Conclusions of Law from the previous permit dated 3/5/99.
Kurt Krueger, being duly sworn, is the agent for County Concrete. He stated that they
would like to expand the business to include the sale of Redi-Mix and to be allowed to
maintain their own vehicles on their property. They have seen that there is a need in the
area to supply Redi-Mix to businesses, due to the tremendous growth and building in the
area. There was a question from the Board on signage. Eslinger stated that at the
present time, there will be no additional signage on the property.
2
The Board will visit the site.
Article Two: John and Georgine Schottler
Eslinger explained to the Board that this application is to allow the applicant to have two
more residences on the farm to provide homes for employees of the farm operation. The
parcel is zoned agriculture, so the owner needs Board of Adjustment approval to allow two
more residences, as per the ordinance. Soil tests have been done on the site and show
that the soil is suitable for additional septic systems.
The Town of St. Joseph has written a letter dated October 25, 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
Exhibit 3: Copy of site plan
Exhibit 4: Copy of zoning map
Eslinger went on to explain that the new structures would be located on 365 acres in
Section 22 in the Town of St. Joseph. The minimum lot size in the Town of St. Joseph is 3
acres. The driveway serving these two homes will be upgraded per the ordinance.
John Schottler, being duly sworn, is the owner of the property and the applicant. He
stated that he employs several people of Hispanic origin, and that they are great
employees. He would like to provide them with housing so they may be close to the farm,
and to help provide some stability for them and their families. Some of them cannot drive,
and he believes having them on the property would be a great help to them. He hopes
that by providing housing, this will attract and retain employees for his business.
The Board will visit the site.
Article Three: American Materials Corporation
Fisher told the Board that this request is for a permit to operate a gravel pit. 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. Fisher informed the Board that
the request for the 100' waiver did not get published, so the Board cannot make a decision
on this part of the application today, but Fisher wanted them to be aware of it. This will be
placed on the agenda for November.
American Materials will be working with the DNR on a prairie restoration project when
reclaiming this pit. The Land and Water Conservation Department has reviewed and
recommends approval, and supports the applicant working with the DNR on the
restoration plan. The Town of Stanton supports this application. The St. Croix County
Highway Department has sent a letter of support for this project, and plans to work with
American Materials.
Candy Anderson and Don Segment, being duly sworn, are representing American
Materials. They went over the maps of the project with the Board and pointed out the 450'
setback from the Cook property and the 100' setbacks from remaining properties. They
stated that topsoil will be stored near the setbacks.
The permit is for 120 acres, as they plan to purchase the entire parcel, including the parcel
now being mined by St. Croix County. The County would then lease their part of the pit
3
i
from American Materials. They plan to have 20 acres open at one time. This would
include areas for storage of soils and machinery, and the land being mined. No water will
be disturbed in this process. There will not be a well or septic on the site. �!
The staff raised a question on the setback lines located on the maps. It appears that'the
scale is wrong and the setbacks look like they are 50' rather than 100'. Staff asked
Anderson to bring in a corrected map to show the setbacks of 100'. She agreed to do that.
The Board will visit the site.
The Board recessed at 9:30 a.m. to view the sites.
Decisions
The Board reconvened at 11:40 a.m. to render Decisions.
Sonnetag Family Limited Partnership/County Concrete Corp.
A motion was made by Rose, second by King to approve the request for a special
exception for a permit to allow an amendment to the current Special Exception Permit to
expand the permit to include the sale of Redi-Mix and to allow vehicle maintenance on
company vehicles based on the following findings:
1. The Board believes the use of the property is compatible with the surrounding
area.
2. The Board believes this to be a natural extension of the existing operation.
3. The Town of Warren recommends approval of the request.
4. The Board believes this request will serve a public need.
5. There were no objections to the request.
6. The spirit and intent of the ordinance will be met.
With the following conditions:
1. The total signage on the property shall be limited to 100-square feet. The
applicant shall submit a sign plan for staff's review to ensure compliance with the
provisions of the Zoning Ordinance.
2. The applicant shall provide a hard surface (Asphalt) on all interior driving areas.
3. Security lighting to be installed. Lighting must be illuminated downward and is to
be shielded away from neighboring properties. (A light plan may be required, if
warranted).
4. An adequate screening must be provided to screen any item which is stored
outside.
LANDSCAPING: The applicant must demonstrate on the Industrial zoned parcel,
that a minimum of a least 15% of the outside customer area is devoted to
landscape purposes, in areas where zoning is allowed for residential
development on abutting property. Landscape plans to be prepared by a
professional and approved by the Zoning Director. Acceptable landscape plan to
be submitted to Zoning Director.
5. The property shall be kept in a neat and orderly manner.
6. The applicant must allow free and unlimited access to the project site at any
reasonable time to any Zoning Office employee, who is overseeing the project.
7. The applicant must keep a copy of this Decision at the project site at all times.
8. Business hours:
Summer hours (April 1St to November 14th) 7:00 a.m. to 5:00 p.m. Monday-
Friday, Saturday 7:00 a.m. to noon.
Winter hours (November 15th to March 31 s) 7:30 a.m. to 5:00 p.m.
Saturday Closed.
4
9. 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.
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.
11. The applicant is to prepare the proper engineering plans to verify if there is a
need for the storm water/ retention pond that is used for washing the Redi-Mix
trucks and to comply with local and state requirements where it is necessary.
The following vote was taken to approve: Golz, yes; King, yes; Rose, yes; Chairperson
Speer, yes. Motion carried.
John and Georgine Schottler
Motion by Golz, second by Speer to approve the special exception request to allow more
than two residences on a farm in the Agricultural District based on the following findings:
1. The Board believes that this will help to keep this property as a farming
operation, thus, maintaining farms in the Agricultural District.
2. The Town of St. Joseph recommends approval of the request.
3. All Ordinance provisions have been met.
4. There were no objections to the request.
5. The spirit and intent of the ordinance will be met.
With the following conditions:
1. The joint driveway must be constructed to comply with the driveway standards
outlined in the St. Croix County Subdivision Ordinance [18.16 (D) Roads (6)].
2. The property shall be kept in a neat and orderly manner.
3. At least one person who resides in the residences must earn 50% of his/her
income from the (Schottler)farm operation.
4. Applicant shall secure a sanitary permit from the Zoning Office.
5. Applicant must secure a town building permit prior to starting construction.
6. The applicant must allow free and unlimited access to the project site at any
reasonable time to any Zoning Office employee to inspect the property for
compliance with these conditions.
7. The Zoning office is to be notified at the start and the finish of the project.
8. No junk, junk cars or garbage shall be allowed to accumulate on the property that
may attract rodents or pose a threat to the health, safety and welfare of those
citizens of St. Croix County.
9. In the event that the homes no longer provide housing for employees of the farm,
the applicant must fully comply with the provisions of the St. Croix County
Subdivision and Zoning Ordinances.
10. Any change (or addition) of the project shall require review and approval by the
zoning director and in some circumstances through the Special Exception
approval process, where applicable, as stated in the ordinance.
11. 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
before starting or completing the project.
5
The following vote was taken to approve: King, yes; Rose, yes; Golz, yes; Chairperson
Speer, yes. Motion carried.
American Materials Corp./ Ralph and Marguerite Olson
Motion by Rose, second by Golz to approve the special exception request for a non-
metallic mining permit in the Ag-Two District based on the following findings:
1. The approved use is permitted in the Ag-Two District.
2. The St. Croix County Highway Department supports the request.
3. The Town of Stanton approves of the request.
4. There were not objections to the application
5. The spirit and intent of the ordinance will be met.
With the following conditions:
1. Gravel mining project is to proceed according to plans presented. Mining is only
authorized to occur in the NW 1/4, NW '/ and the E %2 NW '/. Any expansion
beyond this legal boundary shall require a new special exception permit.
2. 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).
3. Applicant is responsible for on-site dust abatement when working in the pit,
during the duration of the permit.
4. Hours of operation shall not exceed 6:00 a.m. —6:00 p.m., Monday—Friday. The
highway department may request occasional weekend operation. The zoning
department must authorize any specific weekend work.
5. Operator to comply with any conditions established by Town of Stanton regarding ;_, I
use of any town roads and maintenance.
6. Permit includes temporary placement of equipment necessary to conduct the
mining operation.
7. Site reclamation will proceed on an ongoing basis as pit is operated. The DNR will
be working with the county to use this site as an extension of an existing "Prairie
Restoration Project" that exists in close proximity to this location.
8. 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.
9. Maximum acreage open at any one time shall not exceed 20 acres. Site must be
reclaimed on an ongoing basis so that this ordinance requirement is not
breached.
10. Applicant must maintain a 100-ft. setback from all property lines and road r-o-w's
excepting as where is allowed by a waiver. Applicant shall submit a revised map
showing the 100-ft. property line setback requirements.
11. Permit is valid for five years from date of approval. The pit must be fully restored
or permit must be renewed by October 26, 2005.
12. To assure site reclamation:
a. The operator shall file with the Department (Zoning Director) specific financial
assurance to guarantee restoration (bond/letter of credit);
6
b. Satisfactory guarantees shall be established by the Board based on the size
of the operation, prior reclamation experience and history of the operator, but
shall not be in an amount less than $1,000/ an acre (see Ordinance No 226
(8 9) F. 8.
13. Any change to the above conditions shall require a new public hearing.
14. Failure to comply with the above conditions shall result in revocation of
the Special Exception Permit.
15. The applicant shall have one1
( ) year from the issuance of the Special Exception
permit to start 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.
16. The NW % of the NW '/ of this property has a previously approved Special
Exception Permit with conditions. Those conditions would also apply to that %-
` -
Motion by Rose, second by King to adjourn the meeting 12:20 p.m. Motion carried.
Respectfully submitted:
ich Peters n, Secret Debbie Zimme nn, Recording Secretary