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HomeMy WebLinkAboutBoard of Adjustment 07-27-2000 AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING i' TO: Thomas Dorsey, Chairman St. Croix County Board FROM: Julie Speer, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, July 27, 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: i. NEW BUSINESS: See Attachment OTHER: Kim Beer/ Rick Schwertel: Reconsideration of Condition #8 of Special Exception Permit 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: July 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, July 27, 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: Special Exception request for a Major Home Occupation permit pursuant to Section 17.155. Request is to operate a welding shop in the Ag/Residential District. APPELLANT: Daniel and Lisa Gareis LOCATION: The SE '/4 of the SE 114, Section 25, T31 N-R19W, Town of Somerset. ADDRESS: 1924 - 80th Street, Somerset, 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 DRW July 27, 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. 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 by Golz second by King to adopt the agenda. Motion carried. The Board set the next meeting date as August 24, 2000. The starting time will be 8:30 a.m. The meeting will be held in the County Board Room at the Government Center. Motion by Peterson, second by Golz to approve minutes from the June meeting. All in favor. Motion carried. There was a short discussion held on the budget for the Zoning Department for the year 2001. Fisher stated that the department has asked for one additional support staff person for the year. That request is supported by the Planning, Zoning and Parks Committee. The Board of Adjustment also supports this request and added that they would support 2 positions if Fisher feels another position is needed. Fisher will update the Board again at a future meeting. Fisher informed the Board that the Planning , Zoning and Parks Committee supports an amendment to the ordinance for Temporary Occupancy Permits. The change would be to have the permit issued through the Zoning Office as a Land Use Permit, and would no longer come before the Board of Adjustments. Fisher added that the Board of Adjustments requested this amendment. There is a public hearing scheduled for August 22, 2000. !' L Fisher told the Board the Planning, Zoning and Parks Committee approved an department policy modification regarding Land Divisions in the St. Croix Riverway District. Fisher explained that currently, any land division in the St. Croix Riverway District now needs to come before the Board of Adjustment for their approval. Fisher believes this to be an unnecessary step for the developer, as St. Croix County has a very stringent review of subdivisions. Fisher went over the review process for the subdivisions. He further explained that by the time it gets to the Board of Adjustments, it has been approved by all of the appropriate agencies that review these plats. The Department of Natural Resources N.R.118 states that the Board of Adjustments needs to be informed of the land division in the St. Croix Riverway District. Fisher said that any subdivision taking place in the Riverway District will be placed on the agenda as a consent item for the Board, and they may review the plat if they request to do so. There will be no fees charged to the public in this notification to the Board. Fisher informed the Board that, after much discussion with the Planning, Zoning and Parks Committee, it was decided that the deadline for the Board of Adjustment applications will be the 15th of the month prior to the next meeting (i.e. the deadline for the September 28th meeting would be August 15th). This will allow the Towns to have enough time to hear the applicant's request and get a recommendation into the Zoning Office in time for the next meeting. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available if needed. 1 OTHER BUSINESS Fisher stated that there is one item under other business. The Board approved a request by Kim Beer last month, for a commercial use in a commercial district. Ms. Beer has contacted the Zoning Office asking for reconsideration of condition #8, that deals with the timeframe for completion of paving of the gravel areas on the property. The date set by the Board was October 1, 2000. Fisher said that when Beer contacted the pavers, she found out that it would be impossible to get it done this year. She is requesting that the Board allow her to move the date for completion of the paving to July 1, 2001. The staff supports this request, and Fisher further stated that Beer has been very good to work with and believes she is requesting this change in good faith. Discussion held. A motion was made by Peterson, second by Golz to approve the request for reconsideration of condition #8 to now read: "All current gravel areas to be paved by July 1. 2001." All in favor. Motion carried. Fisher will notify the applicant. 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, July 27, 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: Special Exception request for a Major Home Occupation permit pursuant to Section 17.155. Request is to operate a welding shop in the Ag/Residential District. APPELLANT: Daniel and Lisa Gareis LOCATION: The SE '/4 of the SE 1/4, Section 25, T31 N-R19W, Town of Somerset. ADDRESS: 1924 - 80th Street, Somerset, 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 Daniel and Lisa Gareis Fisher explained that this request is for a major home occupation in the ag/residential district. The business would be a welding shop that would be operated in an accessory building that is approximately 972 square feet. The closest residence is located over '/4 mile away. The property is located just outside of the Village of Somerset. The Town of Somerset has no objections to the request. The following exhibits were introduced: Exhibit 1: Staff report with attachments Exhibit 2: Copy of application and business plan 2 I Dan Gareis, being duly sworn, is the owner of the property. He explained that the building to be used is an existing structure on the property. There are no parking spots yet, but he plans to put in the number of spaces required. At the present time, it will just be he and his wife running the business. If it expands beyond this, he plans to move to an industrial site in Somerset. The Board will visit the site. The Board recessed at 9:05 a.m. to conduct site visits. Decisions The Board reconvened at 10:30 a.m. to render Decisions. Daniel and Lisa Gareis A motion was made by Golz, second by King to approve the request for a special exception permit for a major home occupation permit in the ag/residential district based on the following findings: 1. The Town of Somerset recommends approval of the request. 2. The Board believes this to be a good location for the business and there is an adequate facility to house the business. 3. The applicant has indicated in writing that if the business grows beyond the scope proposed in this application, he will relocate to a commercial or industrial site. 4. The property has appropriate screening for the business. 5. There were no objections to the request. 6. The spirit and intent of the ordinance will be met. With the following conditions: 1. This approval is for a "major home occupation" to open a "welding business" in an accessory building, the total area dedicated to the business is 972 square feet. The total floor area dedicated to the home occupation, including any area used in the dwelling, shall be limited to a maximum of one thousand (1,000) square feet. 2. Hours of operation to be limited to the hours of 8 a.m. to 5 p.m., Monday through Saturday. 3. All business related products to be stored inside the building. Outside storage of business related materials is prohibited. 4. All hazardous material and recyclable material are to be disposed of/ recycled with approved waste/ recyclable handlers. 5. No more than two (2) persons other than a resident of the principal dwelling may be employed or engaged in the business. 6. One (1) sign is allowed with total signage area not to exceed 6 square feet. This sign must be located a minimum of 10 feet from all property lines. Any other signage must be approved by the zoning department and must strictly adhere to the St. Croix County Signage Ordinance. 7. Applicant to maintain a minimum of 1 parking space for each 300 square feet of business use, plus one parking space for each family for which accommodations are provided on the premises. (Note: For this request, 3 spaces are required to be maintained for the business). 8. Applicant to maintain proper state licensing to operate the welding business (if applicable). 9. The applicant shall secure all necessary town approvals, including compliance with and building code issues. 3 I 10. 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. 11. Any minor changes (or addition) in expansion of the project, including the business, signage, lighting, hours of operation, 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: Peterson, yes; Rose, yes; King, yes; Golz, yes; Chairperson Speer, yes. Motion carried. A motion was made by Peterson, second by King, to adjourn. All in favor. Meeting adjourned at 10:45 p.m. Respectfully submitted: Rich Peterson, Secretary Debbie Zimmermann, Recording Secretary 4 BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES July 27, 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. 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 by Golz second by King to adopt the agenda. Motion carried. The Board set the next meeting date as August 24, 2000. The starting time will be 8:30 a.m. The meeting will be held in the County Board Room at the Government Center. Motion by Peterson, second by Golz to approve minutes from the June meeting. All in favor. Motion carried. There was a short discussion held on the budget for the Zoning Department for the year 2001. Fisher stated that the department has asked for one additional support staff person for the year. That request is supported by the Planning, Zoning and Parks Committee. The Board of Adjustment also supports this request and added that they would support 2 positions if Fisher feels another position is needed. Fisher will update it the Board again at a future meeting. Fisher informed the Board that the Planning , Zoning and Parks Committee supports an amendment to the ordinance for Temporary Occupancy Permits. The change would be to have the permit issued through the Zoning Office as a Land Use Permit, and would no longer come before the Board of Adjustments. Fisher added that the Board of Adjustments requested this amendment. There is a public hearing scheduled for August 22, 2000. Fisher told the Board the Planning, Zoning and Parks Committee approved an department policy modification regarding Land Divisions in the St. Croix Riverway District. Fisher explained that currently, any land division in the St. Croix Riverway District now needs to come before the Board of Adjustment for their approval. Fisher believes this to be an unnecessary step for the developer, as St. Croix County has a very stringent review of subdivisions. Fisher went over the review process for the subdivisions. He further explained that by the time it gets to the Board of Adjustments, it has been approved by all of the appropriate agencies that review these plats. The Department of Natural Resources N.R.118 states that the Board of Adjustments needs to be informed of the land division in the St. Croix Riverway District. Fisher said that any subdivision taking place in the Riverway District will be placed on the agenda as a consent item for the Board, and they may review the plat if they request to do so. There will be no fees charged to the public in this notification to the Board. Fisher informed the Board that, after much discussion with the Planning, Zoning and Parks Committee, it was decided that the deadline for the Board of Adjustment applications will be the 15th of the month prior to the next meeting (i.e. the deadline for the September 28th meeting would be August 15th). This will allow the Towns to have enough time to hear the applicant's request and get a recommendation into the Zoning Office in time for the next meeting. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available if needed. OTHER BUSINESS Fisher stated that there is one item under other business. The Board approved a request by Kim Beer last month, for a commercial use in a commercial district. Ms. Beer has contacted the Zoning Office asking for reconsideration of condition #8, that deals with the timeframe for completion of paving of the gravel areas on the property. The date set by the Board was October 1, 2000. Fisher said that when Beer contacted the pavers, she found out that it would be impossible to get it done this year. She is requesting that the Board allow her to move the date for completion of the paving to July 1, 2001. The staff supports this request, and Fisher further stated that Beer has been very good to work with and believes she is requesting this change in good faith. Discussion held. b Peterson second b Golz to approve the request for A motion was made y y pp q reconsideration of condition #8 to now read: "All current gravel areas to be paved by r July 1. 2001." All in favor. Motion carried. Fisher will notify the applicant. 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, July 27, 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: Special Exception request for a Major Home Occupation permit pursuant to Section 17.155. Request is to operate a welding shop in the Ag/Residential District. APPELLANT: Daniel and Lisa Gareis LOCATION: The SE '/4 of the SE 1/4, Section 25, T31 N-R19W, Town of Somerset. ADDRESS: 1924 - 80th Street, Somerset, Wisconsin it 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 Daniel and Lisa Gareis Fisher explained that this request is for a major home occupation in the ag/residential district. The business would be a welding shop that would be operated in an accessory r building that is approximately 972 square feet. The closest residence is located over '/4 mile away. The property is located just outside of the Village of Somerset. The Town of Somerset has no objections to the request. The following exhibits were introduced: Exhibit 1: Staff report with attachments Exhibit 2: Copy of application and business plan 2 Dan Gareis, being duly sworn, is the owner of the property. He explained that the building to be used is an existing structure on the property. There are no parking spots yet, but he j plans to put in the number of spaces required. At the present time, it will just be he and his wife running the business. If it expands beyond this, he plans to move to an industrial site in Somerset. The Board will visit the site. The Board recessed at 9:05 a.m. to conduct site visits. Decisions The Board reconvened at 10:30 a.m. to render Decisions. Daniel and Lisa Gareis A motion was made by Golz, second by King to approve the request for a special exception permit for a major home occupation permit in the ag/residential district based on the following findings: 1. The Town of Somerset recommends approval of the request. 2. The Board believes this to be a good location for the business and there is an adequate facility to house the business. 3. The applicant has indicated in writing that if the business grows beyond the scope proposed in this application, he will relocate to a commercial or industrial site. 4. The property has appropriate screening for the business. 5. There were no objections to the request. 6. The spirit and intent of the ordinance will be met. With the following conditions: 1. This approval is for a "major home occupation" to open a "welding business" in an accessory building, the total area dedicated to the business is 972 square feet. The total floor area dedicated to the home occupation, including any area used in the dwelling, shall be limited to a maximum of one thousand (1,000) square feet. 2. Hours of operation to be limited to the hours of 8 a.m. to 5 p.m., Monday through Saturday. 3. All business related products to be stored inside the building. Outside storage of business related materials is prohibited. 4. All hazardous material and recyclable material are to be disposed of/ recycled with approved waste/ recyclable handlers. 5. No more than two (2) persons other than a resident of the principal dwelling may be employed or engaged in the business. 6. One (1) sign is allowed with total signage area not to exceed 6 square feet. This sign must be located a minimum of 10 feet from all property lines. Any other signage must be approved by the zoning department and must strictly adhere to the St. Croix County Signage Ordinance. !; 7. Applicant to maintain a minimum of 1 parking space for each 300 square feet of business use, plus one parking space for each family for which accommodations are provided on the premises. (Note: For this request, 3 spaces are required to be maintained for the business). 8. Applicant to maintain proper state licensing to operate the welding business (if applicable). 9. The applicant shall secure all necessary town approvals, including compliance with and building code issues. 3 10. 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. 11. Any minor changes (or addition) in expansion of the project, including the business, signage, lighting, hours of operation, 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: Peterson, yes; Rose, yes; King, yes; Golz, yes; Chairperson Speer, yes. Motion carried. A motion was made by Peterson, second by King, to adjourn. All in favor. Meeting adjourned at 10:45 p.m. Respectfully submitted: YeicPeterson, Secretary Debbie Zimm!i/.-Ilk Recording Secretary 4