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HomeMy WebLinkAboutBoard of Adjustment 01-27-2000 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, January 27, 2000 TIME: 8:30 a.m. LOCATION: Government Center, Hudson, Wisconsin i 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 OTHER: Dennis Handrahan, Town of Springfield — request to extend temporary occupancy permit issued on April 22, 1999 pursuant to Section 17.70(3)( c)3. 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: January 19, 2000 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *CANCELLATIONS/CHANGES/ADDITIONS L i I PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, January 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 land division in the Lower St. Croix Riverway District pursuant to Section 17.36(6)(a)1. APELLANT: Judith Green/Gary Zappa LOCATION: Located in the SE'/<of the SW '/of Section 12,T29N-R20W, Town of Hudson 2. ARTICLE: Special ception request for a vegetative r oration/enhancement project in a conse ion a ement o he inni ki is r APPELLANT: Wis nsin De rt en f al a ur , Caries and Dixie Andrea, John Sou LOCATION: Lo tion The NW '/ of�theSE ' N-R18W, Town of Kinnickinnic; Location W '/ of Section �14, 28N-R18W, Town of Kinnickinnic 3. ARTICLE: Special Exception request for an after-the-fact permit for filling and grading in a Shoreland District pursuant to Section 17.29(2) APPELLANT: Mark Anderson LOCATION: Located in the SW'/<of the NW'/of Section 19, T30N-R19W, Town of St. Joseph 4. ARTICLE: Special Exception request for a commercial use in a Commercial District to operate a reclaimed lumber yard pursuant to Section 17.18(1). APPELLANT: Russell and Pamela Rastetter f LOCATION: The NE '/<of the NE %of Section 7, T30N-R19W, Town of Somerset 5. ARTICLE: Special Exception request for a commercial use in a Commercial District to construct 16 storage unit buildings and a caretaker's house pursuant to Section 17.18(1) APPELLANT: Hank Fogelberg/ACA Engineering LOCATION: The NE '/of the NE '/<of Section 25, T31 N-R18W, Town of Star Prairie. 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 January 27, 2000 (This meeting was recorded by Northwestern Court Reporters) The meetingwas called to order b Chairperson Julie Speer at 8:30 a.m. A roll call was Y p p made. Julie Speer, Dick King, and Rich Peterson were present. Brian Wert and Nick Golz were excused. Chairperson Speer believes this to be a properly noticed meeting. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, Greg Timmerman, Corporation Counsel and Debbie Zimmermann, Administrative Assistant. Eslinger stated that Article #2 on the public hearing notice has been canceled for today. Motion by King second by Peterson to adopt the agenda. Motion carried. Motion by King, second by Peterson to approve the December minutes. Motion carried. f! The Board set the next meeting date as February 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. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available today if needed. OTHER BUSINESS Eslinger stated that Dennis Handrahan has asked for an extension on his temporary occupancy permit issued to him in April of 1999. The Town of Springfield has approved this extension. According to the ordinance, an extension may be granted from the Town. Eslinger is just informing the Board of this and no action on their part is required. The extension is for one year. 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, January 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 land division in the Lower St. Croix Riverway District pursuant to Section 17.36(6)(a)1. APELLANT: Judith Green/Gary Zappa LOCATION: Located in the SE'/4 of the SW '/4 of Section 12,T29N-R20W, Town of Hudson 2. ARTICLE: CANCELED * Special Exception request for a vegetative restoration/ enhancement project in a conservation easement on the Kinnickinnic River APPELLANT: Wisconsin Department of Natural Resources, Charles and Dixie Andrea, John Sours LOCATION: Location 1: The NW '/4 of the SE '/4 of Section 15, T28N-R18W, Town of Kinnickinnic; Location 2: The NW '/4 of Section 14, T28N- R18W, Town of Kinnickinnic 3. ARTICLE: Special Exception request for an after-the-fact permit for filling and grading in a Shoreland District pursuant to Section 17.29(2) APPELLANT: Mark Anderson LOCATION: Located in the SW '/4 of the NW '/4 of Section 19, T30N-R19W, Town of St. Joseph 4. ARTICLE: Special Exception request for a commercial use in a Commercial District to operate a reclaimed lumberyard pursuant to Section 17.18(1). APPELLANT: Russell and Pamela Rastetter LOCATION: The NE '/4 of the NE '/4 of Section 7, T30N-R19W, Town of Somerset 5. ARTICLE: Special Exception request for a commercial use in a Commercial District to construct 16 storage unit buildings and a caretaker's house pursuant to Section 17.18(1) j APPELLANT: Hank Fogelberg/ACA Engineering LOCATION: The NE '/4 of the NE '/4 of Section 25, T31 N-R18W, Town of Star Prairie. 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 Judith Green/Gary Zappa Fisher explained to the Board that this application is for a subdivision that has several lots located in the St. Croix Riverway. Any land division in the Riverway is subject to a special exception permit. The Planning, Zoning and Parks Committee have approved this plat in the preliminary stage, and the developer now needs the Board's approval to move on to the final stage. The Town of Hudson and the Village of North Hudson have given their approval as well. Fisher went over the staff report with the Board, stating that this has been a long process for the developer to get to this point. Lots 1,2,3, 24 and 25 are in the State Riverway boundaries. It has just recently come to the attention of the zoning staff that there are lots that are also in the County Riverway District. Fisher explained that from the inception of this plat, the county boundaries have not been applied, as the Riverway maps that were used to determine this, did not show any County boundaries. This plat has been extensively reviewed and approved by the Land and Water Conservation Department. Fisher is asking the Board to only consider the 5 lots that located in the State Riverway boundaries of the St. Croix River. The applicant has come to an agreement with the Town of Hudson and the Village of Hudson on discharging stormwater to St. Croix Station in North Hudson. There is a written agreement on this that will be submitted to the Zoning Office. Fisher further stated that the DNR needs to give their approval of this plat that lies in the State Riverway boundary. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Conditional approval from the Planning, Zoning and Parks Committee Exhibit 3: Letter from the DNR identifying two issues on lots 1,2 and 3. 2 Exhibit 4: Approval from the Land and Water Conservation Department Exhibit 5: Narrative from Zappa identifying plat issues. Gary Zappa, being duly sworn, is the agent for Judith Green and Starrwood. He stated that Fisher described everything accurately. He further stated that the Agreement with the Town of Hudson and the Village of Hudson is in the process of being signed and will be delivered to the Zoning Office in the very near future. Zappa stated that they will be leaving the beach area on the property as is. He said that a verbal agreement has been reached with the DNR. Fisher pointed out that financial guarantees need to be sent to Zoning before any construction may commence. Eunice Post, being duly sworn, is with the Wisconsin Department of Natural Resources. She concurs with Fisher's presentation. She has reviewed the plat as presented, but needs further review to look at the section that is in the County Riverway boundaries. Post is objecting to the application until further review is completed. Greg Timmerman, Corporation Counsel, stated that the subject that Post brought up has to do with boundaries in question at the present time. He went on to explain that these boundaries are in question. In 1977 the DNR rejected the proposed County boundaries. These boundaries have been in the ordinance since that time, but are outside of the Master Boundaries set up by the State and Federal Government. Timmerman explained that it is his opinion that this County boundary area should not come into question. He suggested to the Board that they should only be concerned about the 5 lots that were presented by Fisher . Fisher pointed out that the plat shows the State St. Croix Riverway boundaries that have been used since inception of this proposal. The Board will visit the site. Mark Anderson Eslinger explained that this application is for an after-the-fact permit for filling and grading in a Shoreland District. There is a navigable pond on the property. The applicant has done some filling and grading on the property on slopes greater than 12% and has constructed a driveway. The applicant is getting ready to construct a home. Eslinger stated that the applicant was unaware of the Shoreland rules, and when he was made aware of the permit needed, he was very cooperative and worked well with the Zoning Office and Land and Water Conservation Department. Eslinger went over the staff report. He stated that the Town of St. Joseph gave approval for this application at their meeting last evening. The DNR permit is still pending. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application with narrative and maps Exhibit 3: Site plan Exhibit 4: Letter from Land and Water Conservation Dept. recommending approval with conditions. Exhibit 5: Letter from the DNR requesting additional information Exhibit 6: Zoning map Exhibit 7: Plat map showing property. 3 Eslinger stated that the silt fences for erosion control have already been installed. Eunice Post, being previously sworn, is with the DNR. She reiterated that she has asked for additional grading plans and cross section information and understands that it will be to her very soon. The Board will visit the site. Russell Rastetter Fisher stated that this application is for a commercial use on a commercially zoned property. The business is a woodworking business where the owner reclaims lumber. Fisher believes that this is a suitable area for this business on the commercial property, as it is off of a main access of Highway 35/64. The applicant is requesting a permit and for expansion of the business known as Traditional Woodworks. He plans to construct a 60 x 152 cold storage building. The town of Somerset has approved the application and has asked that the blacktopping requirement be waived, as there is very little traffic involved with this business. The applicant has agreed to blacktop an area for five parking spaces. Fisher stated that the Zoning Office agrees that this is a reasonable request. Fisher went over the staff report with the Board. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Location maps Exhibit 3: Letter from the Town of Somerset stating approval Exhibit 4: Detailed plan of the business Bob Pierce, being duly sworn, is representing the Town of Somerset. He stated that the Town supports this application and that this site has been identified as a commercial area in the town. He reiterated that the Town has asked for the blacktopping requirement to be waived, as there is very little traffic at this site. The business if very quiet, and the site is surrounded by pine trees, so screening should be sufficient. Russell Rastetter, being duly sworn, is the owner of the business. He stated that the closest neighbor is at least 1,000 to 1,200 feet away. The machinery is used inside of an insulated building. He has had no problems with neighbors. He has received State approved plans for the proposed building. Miles Wittig, being duly sworn, has no objection to this business. He asked if the permit is transferable to another business, if this is sold, or if a new permit would be required. Eslinger stated that a new permit would be required, unless the business remains exactly the same. Fisher added that we have language in our conditions that state that if there is a change in use, or if the business is expanded, they need to come back before the Board for a new permit. This is required on all commercial businesses. The Board will view the site. Hank Fogelberg Eslinger explained that this is a request for a permit to construct 16 mini storage facilities and a caretaker's cottage on a commercial site. The site is approximately %2 mile north of New Richmond, in the Town of Star Prairie. There are other commercial sites in the same area. The Town of Star Prairie has no objections to the request. The Land and Water 4 Conservation Department has reviewed this application and has found it to be satisfactory per Bob Heise. Eslinger went over the staff report with the Board. Zoning has worked with Matt Hieb, of Auth-Colson Associates on design plans for a stormwater drainage plan and erosion control plan for the property. The Board should consider looking at screening, lighting and hours of operation for this business. The surfaces around the buildings are to be paved. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application and narrative of request Exhibit 3: Letter from the City of New Richmond Municipal Airport stating no objection to the request. Exhibit 4: Letter from the Town of Star Prairie stating no objection to project Exhibit 5: Letter from the Land and Water Conservation Department listing concerns. Exhibit 6: Site map Exhibit 7: Zoning map Exhibit 8: Lot layout map Exhibit 9: Site plan provided to Zoning Exhibit 10: Sign plan Exhibit 11: Drawing of building Kip Johnson, being duly sworn, is with Auth-Colson Associates. He spoke with the City of New Richmond to see if they needed to give an opinion about this project, and found out that they only give an opinion on subdivisions in the extraterritorial area. Fisher agreed with this. Brian Rosenberg, being duly sworn, is an adjoining landowners to the south of the applicant. He did not object to the proposal, but had some questions relating to stages of development, detention pond size, blacktopping, fencing, and screening. Kip Johnson addressed these questions. He explained that there will be a chain link fence, no lighting on the south side of the buildings and blacktopping will be done as the buildings go up. The storm water basin will be built for a 100-year event and will be set up with overflows, so it will not affect any other properties. They plan to complete the project over the next five years. Mr. Rosenberg was satisfied with the answers from Johnson. Fisher stated that screening is shown on the plan, but the Board may want to consider increasing the amount of screening before making a decision. The Board recessed at 10:00 a.m. to view sites. Decisions The Board reconvened at 11:35 to render Decisions. Judith Green/Gary Zappa A motion was made by Peterson, second by King to approve the special exception request for land division in the St. Croix Riverway District based on the following findings: 1. Based on testimony of Corporation Counsel and staff, the plat will only be subject to the State boundaries of the Lower St. Croix Riverway District. There have only been five lots under the review authority of the Riverway since the inception of the plat. 2. The Stan-wood preliminary plat was approved by the Planning, Zoning and Parks Committee, identifying five lots in the St. Croix Riverway District. 5 3. The Department of Natural Resources testified that the five lots identified are compliant and consistent with the St. Croix Riverway rules set forth in the St. Croix County Zoning Ordinance. 4. The Town of Hudson and Village of Hudson recommends approval of the application. 5. The request is not contrary to the public interest as expressed by the objectives of the ordinance. 6. The spirit and intent of the ordinance will be met. With the following conditions: 1. The applicant will be required to provide the County with a complete Riverway zoning application prior to issuance of any Town building permits for property located in the State Riverway District (as identified on the St. Croix County Zoning maps). 2. The applicant shall provide proof to the Zoning Administrator that a written j agreement has been reached with the Town of Hudson and the Village of North Hudson regarding storm water discharge to St. Croix Station in North Hudson. 3. Applicant to construct subdivision as approved by the St. Croix Land and Water Conservation Department (LWCD), Village of North Hudson, Town of Hudson, St. Croix Planning, Zoning and Parks Committee (PZPC). Applicant to comply with all previous conditions, including bonding requirements with St. Croix County. 4. The applicant shall have one (1) year from the date of issuance of the special exception to approve the final plat. Failure to approve the final plat in this time frame 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 for this plat in the Riverway Zoning District. (this is consistent with Section 17.36(7)(b)5 of the Zoning Ordinance). The following vote was taken to approve: Peterson, yes; King, yes; Chairperson Speer, yes. Motion carried. Mark Anderson Motion by King, second by Speer to approve the special exception request for an after- the-fact Special Exception permit for filling and grading in a Shoreland District based on the following findings: 1. There was no objection from the Town of St. Joseph 2. Applicant provided approved erosion control plans, prepared by an engineer. 3. The Land and Water Conservation Department has approved plans. 4. The plans meet all required setbacks. 5. There were no outside objections to the request. 6. There were no objections to the application from the Department of Natural Resources. 7. The spirit and intent of the ordinance will be met. With the following conditions: 1. After spring runoff, all exposed areas or visible erosion shall be repaired, seeded and mulched immediately to provide early establishment of vegetation by the applicant. 2. The applicant shall repair and maintain all silt fences until vegetation is well established. 3. The applicant shall submit an erosion control plan to the Zoning Office for the proposed house construction prior to the issuance of the sanitary permit. 6 4. The property owner and contractor are personally responsible for installation and on-going maintenance of all erosion control practices/devices. 5. Secure all necessary DNR permits. 6. Secure all town approvals. 7. Applicant shall secure a sanitary permit from the Zoning Office prior to securing the township building permit. 8. All structures to meet the minimum setback requirements as outlined in the St. Croix County Zoning Ordinance, including a 75-foot setback from the O.H.W.M. of the lake and wetland. 9. Any minor change (or addition) in expansion of the project, including building, 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. 10. The applicant shall have one (1) year from the issuance of the Special Exception permit to complete the excavation project. Failure to stabilize the site in this time frame shall result in the expiration of this Special Exception. If the Special Exception permit expires, the applicant will be required to secure a new special exception permit through a separate Special Exception application. The following vote was taken to approve: Peterson, yes; King, yes; Chairperson Speer, yes. Motion carried. Russell and Pamella Rastetter Motion by Peterson, second by King to approve request for a special exception for a commercial use to expand a business based on the following findings: 1. The use is compatible with the surrounding neighborhood. 2. There is adequate screening on the property. 3. The Town of Somerset approves of the application. 4. There were no objections from surrounding landowners 5. The business, Traditional Woodworks, has been in place for a number of years with no complaints. 6. The County requires that the applicant pave only stalls for customer parking due to the nature of the business (limited retail), the remote/screened location of the business and the fact that the business has been operating with only graveled areas for years. 7. The spirit and intent of the ordinance will be met. With the following conditions: 1. Any proposed lighting is to be directed away from neighboring properties. 2. Applicant to blacktop and maintain a minimum of 5 customer parking spaces. Applicant to proved adequate parking on the parcel for employees and business vehicles. • 1 space fore each 200 sq. ft. of retail space • an additional space for each 2 employees • adequate parking for vehicles operated in connection with the business 3. Applicant to secure and provide the Zoning Department with evidence that he has secured state approved building plans. Applicant to maintain proper Wisconsin licensing for the business. 4. Daily hours of operation are limited to the hours of 7:00 a.m. to 9:00 p.m. 5. Total of all sign square footage on the property not to exceed 100 square feet. Signs must be located a minimum of 10 feet from all property lines. Only one freestanding sign is allowed on the property. Any other signage related to the business must be approved by the Zoning Department and must strictly adhere to the St. Croix County Signage Ordinance. 6. 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 construction 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. 7. Any expansion of use beyond what is stated in the application, will be required to 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; Chairperson Speer, yes. Motion carried. Hank Fogelberg Motion by King, second by Peterson to approve the special exception request for a commercial storage facility based on the following findings: 1. The Town of Star Prairie approve this application. 2. The location is a good site for this use. The property is zoned commercial. 3. The business is compatible with surrounding land uses. 4. Adequate screening of the business will be provided by the developer. 5. Neighbors concerns were adequately addressed. 6. The Land and Water Conservation Department has approved the Storm Water Management Plan. 7. The spirit and intent of the ordinance will be met. With the following conditions: i 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 Department prior to commencing construction. 3. Applicant shall secure a sanitary permit from the Zoning Department prior to commencing construction on the caretaker's cottage. 4. Site to be completely graded according to plans within 1 year of this approval. 5. Screening to be according to plans with the following addition: On the south property line (from the east property line to the west property line) the applicant is to plant 6-foot high evergreens, 10-foot on center. Trees to be planted within 6 months of final grading. 6. Fence to be installed, as indicated on plans, upon completion of the project. 7. The applicant shall provide a hard surface (Asphalt) on all interior, driving areas within six months of the completion of such building (Mini-storage facility). 8. No hazardous materials to be stored inside the facilities. 9. Security lighting to be installed. Lighting must be illuminated downward and is to be shielded away from neighboring properties. 10. No retailing allowed on site. 11. The Zoning Office is to be notified at the start and the finish of the project. 12. The applicant must secure a township building permit prior to starting construction. 13. 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 8 originally approved plan will go through the special exception approval process, where applicable, as stated in the ordinance. 14. The applicant shall have one(1) year from the issuance of the Special Exception permit to commence construction. Failure to do so will result in the revocation of this 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; Chairperson Speer, yes. Motion carried. A motion was made by King, second by Speer to adjourn. All in favor. Meeting adjourned at 12:10 p.m. respectfully sub itted: ` ;Julie Speer,y'riairperson, !' For Brian Wert, Secretary Debbie Zimmermann, Recording Secretary I' 9