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HomeMy WebLinkAboutBoard of Adjustment 06-22-2000 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, June 22, 2000 TIME: 8:30 a.m. LOCATION: Government Center, Hudson, Wisconsin CALL TO ORDER: ROLL CALL: DOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: ELECTION OF OFFICERS: UNFINISHED BUSINESS: OTHER BUSINESS OLD BUSINESS: Kim Beer/ Rick Schwertel: Special Exception request to operate a commercial business in a commercial district pursuant to Section 17.18(1). NEW BUSINESS: See Attachment OTHER: 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: June 14, 2000 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *CANCELLATIONS/CHANG ES/ADDITIONS PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, June 22, 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 permit to operate a temporary asphalt plant and related equipment in the Ag/Residential District pursuant to Section 17.15(6)(n). APPELLANT: Chris Kusilek/ Monarch Paving LOCATION: The S '/z of the SW 1/4, Section 19, T28N-R16W, Town of Eau Galle. ADDRESS: Highway 63, Baldwin, Wisconsin 2. ARTICLE: Special Exception request for to operate a commercial business in the Commercial District pursuant to Section 17.18(1). Request is to operate Wolff's Engineering, a custom machine shop that would repair and sell motorcycles and motorcycle parts. Business would also include custom tooling and CAD design. APPELLANT: Rod Wolf LOCATION: Located in the SW '/4 of the SE '/4 of Section 29, T31 N-R16W, Town of Cylon ADDRESS: North side of USH 63, % mile east of 63/64/46 intersection, New Richmond 3. ARTICLE: Special Exception request for a temporary occupancy permit in the Ag/Residential District pursuant to Section 17.70(3)(c)3. Request is to live in a mobile home while constructing principle residence on the parcel. APPELLANT: L.E. Warnke LOCATION: Located in the NW'/4 of the SW'/4 of Section 9, T29N-R15W, Town of Springfield ADDRESS: 1043290th Street, Glenwood City, Wisconsin 4. ARTICLE: Special Exception request for a commercial business in the Commercial District pursuant to Section 17.18(1). Request is to operate a roll-off dumpster business on an existing commercial site. This proposed operation has historically been a truck terminal business in operation on this site. APPELLANT: Harold D. Morrow and Tom H. Morrow LOCATION: Located in the SE '/4 of the SE 1/4 , Section 15, T28N-R19W, Town of Troy ADDRESS: 314 State Road 35, River Falls, Wisconsin 5. ARTICLE: Special Exception request for a permit to add additional mini-storage buildings on an existing commercial site pursuant to Section 17.18(1). Request is to construct four additional mini-storage units, a caretaker's house, and a maintenance building in a Commercial District. APPELLANT: Harold Wolvert LOCATIOIN: Located in part of the SE '/4 of the SE 1/4, Section 15, T30N-R18W, Town of Richmond ADDRESS: 1296 County Road G, New Richmond, Wisconsin 6. ARTICLE: *POSTPONED* Special Exception request for re-approval of a previous creek crossing in a Shoreland District pursuant to Section 17.29(2). Request is to include use of a concrete box culvert for the proposed creek crossing. APPELLANT: Jim Povolny LOCATION: Located in the SW '/4 of the NE 1/4, Section 12, T28N-R15W, Town of Cady ADDRESS: Located off of 45'Avenue and 325" Street, Knapp, Wisconsin 7. ARTICLE: Special Exception request for a permit to operate a livestock operation in excess of one animal unit per acre of land suitable for animal waste disposal pursuant to Section 17.15(6)( o). Request is to expand an existing livestock business to increase animals from 387 to 570 livestock. APELLANT: Lofty Acres, Inc./Joe Draxler LOCATION: Located in the SW '/4 of the NW 1/4 , Section 24, T30N-R15W, Town of Glenwood ADDRESS: 1453 320th Street, Glenwood City, 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 x BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES June 22, 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: Rod Eslinger, Zoning Specialist, Deb Zimmermann, Administrative Assistant and Dave Sander, Land and Water Conservation Department. Motion by Golz second by King to adopt the agenda. Motion carried. The Board set the next meeting date as July 27, 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 King, second by Peterson to approve minutes from the May meeting with one correction. All in favor. Motion carried. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available if needed. OLD BUSINESS Eslinger stated that there is one old item under old business. The Board tabled a request by Kim Beer last month, for a commercial use in a commercial district, as they requested additional information from the applicant. The Board asked for more details on the parking for the business, as well as approval from the Highway Department on the access to the property off of County Road A. The applicant has supplied the Zoning Office with the information that was requested. The Highway Department has determined that the east and west access to the property is safe and has adequate sight distances. A parking plan has been submitted showing 7 parking spaces for the business, which is more than adequate, as the required number of spaces is 6. The church next to the property, Redeemer Lutheran, will allow overflow parking in their lot on times that are agreed upon between them and the applicant. Eslinger went over the parking site plan with the Board. He believes that all of the additional information requested by the Board has been satisfied. Dan Beer, being duly sworn, is the husband of Kim Beer and is appearing on her behalf today. The Board did not have any further questions for him. The Board will re-visit the site and make a decision. 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, June 22, 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 permit to operate a temporary asphalt plant and related equipment in the Ag/Residential District pursuant to Section 17.15(6)(n). APPELLANT: Chris Kusilek/ Monarch Paving LOCATION: The S '/2 of the SW 1/4, Section 19, T28N-R16W, Town of Eau Galle. ADDRESS: Highway 63, Baldwin, Wisconsin 2. ARTICLE: Special Exception request for to operate a commercial business in the Commercial District pursuant to Section 17.18(1). Request is to operate Wolff's Engineering, a custom machine shop that would repair and sell motorcycles and motorcycle parts. Business would also include custom tooling and CAD design. APPELLANT: Rod Wolf LOCATION: Located in the SW '/4 of the SE '/4 of Section 29, T31 N-R16W, Town of Cylon ADDRESS: North side of USH 63, % mile east of 63/64/46 intersection, New Richmond 3. ARTICLE: Special Exception request for a temporary occupancy permit in the Ag/Residential District pursuant to Section 17.70(3)(c)3. Request is to live in a mobile home while constructing principle residence on the parcel. APPELLANT: L.E. Warnke LOCATION: Located in the NW '/4 of the SW '/4 of Section 9, T29N-R15W, Town of Springfield ADDRESS: 1043290th Street, Glenwood City, Wisconsin 4. ARTICLE: Special Exception request for a commercial business in the Commercial District pursuant to Section 17.18(1). Request is to operate a roll-off dumpster business on an existing commercial site. This proposed operation has historically been a truck terminal business in operation on this site. APPELLANT: Harold D. Morrow and Tom H. Morrow LOCATION: Located in the SE '/4 of the SE 1/4, Section 15, T28N-R19W, Town of Troy ADDRESS: 314 State Road 35, River Falls, Wisconsin 5. ARTICLE: Special Exception request for a permit to add additional mini- storage buildings on an existing commercial site pursuant to Section 17.18(1). Request is to construct four additional mini- storage units, a caretaker's house, and a maintenance building in a Commercial District. APPELLANT: Harold Wolvert LOCATIOIN: Located in part of the SE '/4 of the SE '/4, Section 15, T30N-R18W, Town of Richmond ADDRESS: 1296 County Road G, New Richmond, Wisconsin 6. ARTICLE: *POSTPONED* Special Exception request for re-approval of a previous creek crossing in a Shoreland District pursuant to Section 17.29(2). Request is to include use of a concrete box culvert for the proposed creek crossing. APPELLANT: Jim Povolny LOCATION: Located in the SW '/4 of the NE '/4, Section 12, T28N-R15W, Town of Cady 2 ADDRESS: Located off of 45th Avenue and 325th Street, Knapp, Wisconsin 7. ARTICLE: Special Exception request for a permit to operate a livestock operation in excess of one animal unit per acre of land suitable for animal waste disposal pursuant to Section 17.15(6)( o). Request is to expand an existing livestock business to increase animals from 387 to 570 livestock. APELLANT: Lofty Acres, Inc./Joe Draxler LOCATION: Located in the SW '/4 of the NW %, Section 24, T30N-R15W, Town of Glenwood ADDRESS: 1453 3201h Street, Glenwood City, 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 Chris Kusilek/ Monarch Paving Eslinger stated that this request is for a permit to operate a temporary asphalt plant in the Ag/Residential District in the Town of Eau Galle. Monarch Paving is requesting to operate a temporary asphalt plant from an existing quarry pit that is owned by Chris Kusilek. Eslinger further explained that hot mix plants for public highway projects are temporary in nature and may operate for a maximum of 120 days. He reviewed the staff report with the Board. There will be no mining on the site and all material used to make the asphalt will be hauled to the site. The hours of operation will vary, as much of this work depends on the weather. Typically they would run from 5:00 a.m. to 10:00 p.m., Monday through Saturday. The access to the property is off of Highway 63. The only equipment being used is the type of equipment that goes along with the nature of this kind of business. Screening is not a problem as it is being located in an existing quarry. The Town of Eau Galle has recommended approval of the application. The D.O.T. has not responded yet on a temporary access permit.. Monarch Paving will have to obtain an air quality permit and a storm water discharge permit from the DNR. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application, narrative and attachments Exhibit 3: Timeline outlining 120 day operation, August 1 — November 22 Exhibit 4: Letter from the Town of Eau Galle Exhibit 5: Document listing state requirements and inspection report form Perry Atterholt, being duly sworn, is representing Monarch Paving. He stated that they have several projects in the area this summer. This pit has been used 3 or 4 times for this I' purpose. They may need to come before the Board again in the future for a permit to screen sand off of the pit, but that has not yet been determined. A question was raised on spills, such as diesel fuel or oil from the trucks, and how they would be handled. Atterholt responded that they have had some spills, but very few. They have always been able to get the spill cleaned up immediately. The tanks that are used on the site are double-walled, so the chances of spills are minimal. i 3 Atterholt explained that water run-off should not be a problem and will be contained within the quarry. He further explained that the DNR permits have been taken care of. The D.O.T. should have issued a permit already, as it is an existing pit. The Board will view the site. i' Rod Wolf Eslinger presented the request informing the Board that this is an application for a special exception for a commercial business in a commercial district. The applicant is re-locating his business, Wolff's Engineering, as the Wisconsin Department of Transportation has bought his old site due to the expansion of Highway 64. Eslinger went over the staff report with the Board. The property where the business is being re-located is a commercial site with an existing structure. The applicant plans to use the structure for the business. This is a custom machine shop that also repairs and sells Harley-Davidson motorcycles and motorcycle parts. The business will generate approximately 20 vehicles in and out of the site on any given day. There will be no hazardous waste stored on the property. The business is partially screened from the highway by trees and shrubs that are already in place. The Town of Cylon has no objection to the request. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application with narrative and attachments Exhibit 3: Copy of site plan Paul Anderson, being duly sworn, is representing the Department of Transportation. He explained that the Department is helping Wolff to move his business, due to the fact that the state has purchased this property because of the expansion of State Highway 64. There will be a septic system installed on the site. The Board will visit the site. L.E. Warnke Eslinger explained that this request is for a temporary occupancy permit. Eslinger informed the Board that the Zoning staff has written language to have this type of permit issued through the Zoning Office as a Land Use Permit. This proposed ordinance L change is being presented to the Planning, Zoning and Parks Committee, but as of this - time, a temporary occupancy is only allowed with a special exception permit. The request is to live in a mobile home while constructing a new residence. The applicant has secured all permits needed to construct a new home. The Town of Springfield has recommended approval of this application per minutes that were submitted dated June 12, 2000. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application, narrative and attachments, including sketch of new structure, and erosion control plan. L.E. Warnke, being duly sworn, states that she now lives in the mobile home on the property. A mound system has been installed for the mobile home. She plans to have the new home completed in one-year. 4 The Board will visit the site. Harold Morrow/Tom Morrow Eslinger informed the Board that this application is for a roll-off dumpster business on a commercial site in the Town of Troy. The site has historically been a 24-hour truck terminal and repair. The access has been off of Highway 35, but with the re-routing of the highway, the access is now off of a service road. Eslinger stated that this business initially came to our office as a possible violation. The applicant has been cooperative with the staff. The applicant has received a Transportation Service License from the DNR. Eslinger went on to explain to the Board that the applicant has not received approval from the Town of Troy. It states in our ordinance that a commercial use needs to get town approval before the Board of Adjustment may grant a decision. Corporation Counsel is looking into this part of the ordinance, as he believes that is not a legal procedure. This may go before the Planning, Zoning and Parks Committee in the near future for a change to the ordinance. The Committee agreed to take testimony on this application and will discuss making a decision. Eslinger went over the staff report with the Board. He stated that the Board needs to consider the requirements for commercial uses such as parking, hard surfacing, hours of operation, screening, lighting and signs. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application, narrative and attachments Exhibit 3: Site plan Exhibit 4: Copy of Transportation Service License Exhibit 5: Letter from the Town of Troy Tom Morrow, being duly sworn, is the owner of the property. He had nothing to add, stating that Eslinger explained everything well. Dean Albert, being duly sworn, is the Chairman for the Town of Troy. He stated that the Town of Troy wants to hear this request, but does not believe they will have a problem with this. He asked that it be made part of the record that no loaded dumpsters be left on site and that the site is to be cleaned up. The Board will visit the site. Harold Wolvert Eslinger explained that this applicant was issued a special exception permit in July of 1997 to construct two mini storage units on this commercial site. He now wants to add four more storage units, a main shed and a caretaker's cottage. The site is located about 3 miles south of New Richmond on Highway 65 and County Road G. The plan is to have this project done in stages, to be completed by the fall of 2002. The fencing will be completed at the end of the project. Applicant has asked to have a small 10-watt light on the fence at the entrance. The applicant has worked with Humphrey Engineering on a storm water control plan and has submitted to the Zoning Office. He has also provided a screening and fencing plan. Access to the property will be from the west side of the property. Wolvert has met his conditions on the previous permit. 5 Eslinger went over the staff report with the Board. The Land and Water Conservation Department has approved this application and was satisfied with the design. The Town has recommended approval of the request. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application with narrative and attachments Exhibit 3: Soil test Exhibit 4: Schematic of fence to be installed Exhibit 5: Offer to purchase land from William Derrick, contingent upon approval of this request. Exhibit 6: Erosion Control narrative and storm water calculations submitted by Humphrey Engineering Exhibit 7: Overlay of site Exhibit 8: Layout of buildings Exhibit 9: Letter from the Town of Richmond recommending approval Roger Humphrey, being duly sworn, is the engineer on this project, and representing Harold Wolvert. He has reviewed the staff report given to the Board and has no objections. A question was raised on a deep hole that is presently on the site. Humphrey stated that the hole would be filled in. The Board will visit the site. Jim Povolny This article postponed for today. Lofty Acres Eslinger told the Board that this application is for exceeding animal units per acre in the Town of Glenwood. The applicant is requesting to go from 387 to 570 dairy cattle kept on site. The Land and Water Conservation Department has reviewed the application and sent a letter listing their recommendations. The DNR does not require a WPDES permit as it is less that 1,000 animals on site. There has been no response from the Town of Glenwood. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application with narrative Exhibit 3: Rental agreements Exhibit 4: Letter from Land and Water Conservation Department Exhibit 5: Erosion Control Plan Exhibit 6: Site plan Exhibit 7: Letters from several area businesses supporting this request Joe Draxler, being duly sworn, is the owner of the business. He explained his plans for the business, stating that he is addressing the concerns of the Land and Water Conservation Department with regard to winter spreading. Tiry Engineering has put together a plan to put in a lagoon. He will put this in either this year or next spring. He is not opposed to long-term storage, but at the present time, with the low milk prices, is not able to afford to do this. He is careful with his winter spreading, and will continue to be. Draxler also stated that he has contacted a bond company and is in the process of getting the bond requirement taken care of for this project. 6 The Board will visit the site. The Board recessed at 10:00 a.m. to conduct site visits. Decisions The Board reconvened at 2:20 p.m.. to render Decisions. Kim Beer A motion was made by Golz, second by Speer to approve the request for a special exception permit for a commercial use in a commercial district based on the following findings: 1. The property is zoned commercial. 2. The Town has recommended approval of the request. 3. There was no opposition to the request. 4. The spirit and intent of the ordinance will be met. With the following conditions: 1. This approval is for a commercial business to open and operate a craft shop. 2. Any proposed lighting is to be illuminated downward, to eliminate light pollution onto neighboring properties. 3. Hours of operation to be limited to the hours of 8 a.m. to 8 p.m., Friday, Saturday and Sunday. 4. All business related products to be stored inside the building. Outside storage of business related materials is prohibited. 5. All hazardous material and recyclable material are to be disposed of/ recycled with approved waste/ recyclable handlers. 6. One (1) freestanding sign is allowed with total signage area not to exceed 32 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 blacktop parking space for each 200 square feet of business use. This 1200 sq. ft. building requires the maintenance of 6 blacktop-parking stalls, each parking space shall be a 200-sq. ft. in area. 8. All current gravel areas to be paved by October 1, 2000. 9. Applicant to maintain existing landscaping. Remaining areas not blacktopped to be seeded and grassed. Grassy areas to be mowed to promote good visibility. 10. Applicant to maintain proper state licensing to operate the craft shop business. 11. The applicant shall secure all necessary town approvals, including compliance with commercial building code issues. 12. 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. 13. 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. 14. Accepting this decision and beginning the project means that the applicant has read, understands, and agrees to follow all conditions of this decision. 7 The following vote was taken to approve: King, yes; Rose, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Chris Kusilek/ Monarch Paving Motion by King, second by Peterson to approve the special exception request for a permit to operate a temporary hot mix plant based on the following findings: 1. There is a pit there at the current time. All material will be hauled onto the site. 2. The Town of Eau Galle recommended approval of the application. 3. No objections were raised to the application. 4. Mathy Construction has a proven history of following conditions set by St. Croix County. 5. The property is well screened from surrounding properties. 6. The spirit and intent of the ordinance will be met. With the following conditions: 1. Applicant is to notify the Zoning Department in writing (within 45 days of the public hearing)to confirm the date the hot mix plant will begin its operation. The plant shall not exceed 120 days in operations from day the plant begins operation. Permit includes operation of hot mix plant and hauling material on and off the site. 2. Applicant shall follow all state and federal operating guidelines, including keeping daily inspection logs. 3. Applicant is responsible to clean up any spillage of asphalt product on State Highway 63 and other haul roads. 4. Applicant must access the site from State Highway 63. 5. Applicant must notify the zoning office upon completion of the project. 6. Applicant is responsible for on-site dust abatement during the duration of the permit. 7. This permit includes temporary equipment placement related to the operation of the asphalt plant. 8. The property shall be kept in a neat and orderly matter. 9. The entrance of the facility must have a locking steel pole type construction (cattle) gate. The applicant shall submit a gate plan for zoning review and approval before the temporary hot mix plant maybe placed onsite. Gate must be locked during non- operating hours. 10. Hours of operation shall not exceed 5:00 a.m. — 10:00 p.m., Monday—Friday and 8:00 a.m. —5:00 p.m. Saturday. 11. Applicant must contact Jack Colvard, Emergency Government Director at (715) 386- 4719, if a spill occurs at the site. 12. Site is to be reclaimed to the pre-existing conditions by Monarch Paving. 13. Any change in the original request 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. 14. 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. The following vote was taken to approve: Peterson, yes; Rose, yes; Golz, yes; King, yes; Chairperson Speer, yes. Motion Carried. 8 Rod Wolff Motion by Speer, second by Rose to approve the special exception request for a permit too operate a commercial business in a commercial district based on the following g findings: 1. The Board believes this to be a suitable location for this type of business. 2. The applicant is working with the Department of Transportation to re-locate his business due to the State buying his property for the expansion of a State Highway 64. 3. No objections were raised at the hearing 4. The Town of Cylon has no objection to the request. 5. The property is well screened from the road and other surrounding properties. 6. The spirit and intent of the ordinance will be met. With the following conditions: 1. One (1)free standing sign is allowed with total signage area not to exceed 32 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. 2. The applicant shall provide a hard surface (Asphalt or concrete) on all interior driving areas and customer parking areas by October 1, 2000. 3. Any proposed lighting to be illuminated downward, to eliminate light pollution onto neighboring properties. 4. Applicant to comply with septic system requirements as required by St. Croix County Zoning Department. 5. Business hours will be 7:00 a.m. to 7:00 p.m. Monday-Saturday. 6. All business activity will take place inside the building. All business related products to be stored inside the building. Outside storage of business related materials is prohibited. 7. All hazardous material and recyclable material are to be disposed of/recycled with approved waste/recyclable handlers. 8. Applicant to maintain a minimum of 8 hard surfaced parking spaces. 9. Natural landscaping to be maintained as is, to meet the ordinance requirements that a minimum of 15% of the area within the property lines is to be landscaped. 10. Applicant to maintain proper state licensing to operate the business. 11. The applicant shall secure all necessary town approvals, including compliance with the commercial building code issues. 12. The applicant shall have one (1) year from the issuance of the Special Exception Permit to act on the Special Exception Permit. Failure to do so shall result in revocation of the 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. 13. Any minor change, addition or expansion of the project, including but not limited to the business, signage, lighting, hours of operation, shall require review and approval by the Zoning Director. Any major change or addition to the originally approved plan will go through the special exception approval process, where applicable, as stated in the ordinance. 14. Accepting this decision and beginning the project means that the applicant has read, understands, and agrees to follow all conditions of this decision. The following vote was taken to approve: King, yes; Golz, yes; Peterson, yes; Rose, yes; Chairperson Speer, yes. Motion carried. 9 L.E. Warnke Motion by Golz, second by Rose to approve the special exception request for a temporary occupancy permit based on the following findings: 1. The Town of Springfield recommended approval of the application. 2. There were no objections raised on this request. 3. The spirit and intent of the ordinance will be met. With the following conditions: 1. The temporary occupancy permit is valid for a period of one-year from the date of its approval by the Board of Adjustment. 2. Applicant to secure all required permits, including building and septic permits (reconnection permit)for the new residence. 3. The applicant shall secure all necessary town approvals. 4. The mobile home shall be disconnected from the sanitary system and removed from the parcel upon the completion of the residence. 5. Special exception permits may be terminated under Section 17.70 (7)(d) of the St. Croix County Zoning Ordinance if the conditions of the decision are not met. 6. Any minor change to the above conditions shall be approved by the Zoning Director. 7. The county shall record an affidavit with the above conditions as a deed restriction on the property deed. i.. The following vote was taken to approve: King, yes; Peterson, yes; Rose, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Harold and Tom Morrow Motion by Rose, second by Peterson to table a Decision on the special exception request for a permit to locate a roll-off dumpster business on a commercial site until further information is gathered and the Board has received more information regarding the following items: 1. Submit a landscaping plan for the commercially zoned area, in accordance with the performance standards outlined in section 17.18 (f), along the old Highway 35 and the north and south commercial lot boundaries. 17.18 (f) Supplemental design and improvement standards for commercial special exception areas. 5. ...Planting shall be required in road setback areas and in side and rear yard offset areas, particularly where the development is immediately adjacent to a residential area. A minimum of at least 15 % of the area within the property lines of each lot shall be devoted to landscape purposes; 6. Any commercial lot that abuts or is across from a residential area shall have perimeter landscape screening that will substantially screen parking areas and headlights from vehicles. 2. The applicant is to provide a soil sample to check for pollutants in the existing drainage area (located south) on the commercial site. The sample must be analyzed by a certified lab for pollutants. Tested area must be flagged. If special exception were approved, the applicant must test the soils annually for pollutants and provide a yearly report to the Zoning Office regarding the findings of the certified lab. This is to ensure that pollutants are not entering the ground. 3. The applicant is to provide a written response from the town regarding this proposal. 10 4. Provide a scaled site plan for the entire commercial area. Identify the location of the existing equipment/trailers/trucks on the property. The Board will not review until plan shows that all semi-trailers and related equipment are parked on the commercial property. 5. Submit a storm water plan for the commercial property. The storm water plan should include a design for a retention area to handle the storm water and the runoff from the impervious surface associated with the commercial property. This area should also be designed to treat or contain pollutants. The storm water management plan will demonstrate how the runoff water will be handled on the property. Plan to be reviewed/approved by the Land and Water Conservation Department. 6. Applicant is to clarify in writing whether or not the trucking business will still be in operation or discontinued. 7. No operations related to the roll-off dumpster business is to be conducted, unless the county approves the special exception permit for the business. The Board of Adjustment shall consider the submittal of the above information, however the submittal of this information shall not constitute approval of the request. This information will be used by the board to make an informed decision to approve or deny this request to operate a roll-off dumpster business from this property. The following vote was taken to table a Decision: King, yes; Peterson, yes; Rose, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Harold Wolvert Motion by Rose, second by King to approve a special exception permit for a commercial use in the Commercial District, based on the following findings: 1. This is an existing site. Applicant is expanding the business on an existing commercially zoned property. 2. The Land and Water Conservation Department has approved the plans. 3. There were no objections to the request. 4. The Town of Richmond has approved the request. 5. 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 receive approval for the building plans from the Wisconsin Department of Commerce. Applicant shall submit a copy of the state approved building plans to the Zoning Office prior to commencing construction. 3. Applicant shall secure a sanitary permit from the Zoning Office prior to commencing construction on the caretaker's cottage. 4. Site will be completely graded within 1 year of approval. 5. Fence to be installed, as indicated on plans, upon completion of the project. Globe lighting not to exceed 10-watt bulb. 6. Screening to be according to plans submitted. 7. Applicant shall provide proof that he hold title to the 3.6 acres to be purchased from William Derrick before beginning the project. 8. Outdoor storage of equipment, cars or trucks is not permitted. 9. Renting moving vans or trucks from the site is not permitted. 10. The applicant shall provide a hard surface (Asphalt of concrete) on all interior driving areas within six months of the completion of such building (Mini-storage 11 facility). Each building requires hard surfacing around the perimeter within 6 months of completion. 11. No hazardous materials to be stored inside the facilities. 12. 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) 13. No retailing allowed on site. 14. The Zoning office is to be notified at the start and the finish of the project. Project to be completed in its entirety as presented by fall of 2002. 15. The applicant must secure a township building permit prior to starting construction. 16. 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. 17. 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. The following vote was taken to approve: Peterson, yes; King, yes; Golz, yes; Rose, yes; Chairperson Speer, yes. Motion carried. Jim Povolny Motion by Peterson, second by Golz to postpone. All in favor. Motion carried. The following vote was taken to postpone: King, yes; Golz, yes; Rose, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Lofty Acres Motion by Golz, second by Peterson to approve a special exception permit to allow applicant to exceed the number of animal units per acre based on the following findings: 1. The request is compatible with the surrounding land use. 2. The Land and Water Conservation Department has approved, and conditions of the Department have been met. 3. The community expressed positive comments on the existing business. 4. The Town of Glenwood has approved the request. 5. The spirit and intent of the ordinance will be met. With the following conditions: 1. Groundwater monitoring wells are not required at this time, but will be required in the future if groundwater contamination is suspected. A water test, by a certified lab, is required to establish a baseline for groundwater monitoring. 2. The maximum number of dairy cattle to be kept on site is 570. 3. The applicant shall submit an emergency action plan for the manure storage facilities to the Zoning Office prior to commencing site preparation. 4. The 590 Nutrient Management plan shall be written as a no net increase of nitrogen or phosphorus over the crop rotation prior to populating the site with animals. 5. The County shall review the 590 Nutrient Management Plan and conservation plan annually. 6. The County shall review the manure handling system annually to insure that the system conforms to or exceeds the industry standards. 12 7. The applicant shall establish buffer strips at the agreed upon widths and locations as defined within the 590 Nutrient Management Plan. 8. The applicant shall submit soil samples (one sample per five-acres) within two years of the issuance of the special exception permit to the Zoning Office, in compliance with the requirements of the 590 Nutrient Management Standard. 9. The applicant shall notify the St. Croix County Land and Water Conservation Department of pumping of storage facilities. 10. Winter spreading of nutrients to be limited to no more that 30 days on approved sites. 11. All engineering of Wieser Pre-cast Concrete Pan-L Bilt Manure Facility be submitted for review by the Land and Water Conservation Department prior to commencing site preparation. 12. No net increase of storm-water run-off based on the 25-year, 24-hour storm event from pre-existing dairy expansions. 13. Prior to site preparation, the applicant shall submit an environmental bond/insurance policy in an amount of 2.2 cents per gallon of storage for pumping, hauling, spreading of manure from the manure storage facilities, including all reception pits, transfer systems and storage facilities in the event that Lofty Acres, Inc./ Joe Draxler refuses to maintain facilities or goes out of business prior to commencing site preparation. 14. Any minor change or addition to the project, including but not limited to design of the facility, 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. 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. Best Management Practices (erosion control practices) shall be installed prior to site preparation. Best Management Practices are to be maintained by the applicant. The following vote was taken to approve: King, yes; Rose, yes; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. A motion was made by King, second by Rose, to adjourn. All in favor. Meeting adjourned at 3:55 p.m. Respectfully submitted: ch Peterson, Secretary Debbie Zimm ann, Recording Secretary 13