HomeMy WebLinkAboutBoard of Adjustment 02-24-2000 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, February 24, 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:
UNFINISHED BUSINESS:
OTHER BUSINESS
OLD BUSINESS:
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: February 16, 2000
COPIES TO: County Board Office County Clerk
Committee Members News Media/Notice Board
*CANCELLATIONS/CHANGES/ADDITIONS
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, February 24, 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 Home Occupation pursuant to-Section 17.15(6)(s) and
17.155.Request is to operate a Dog Training Center in the Ag/Residential District.
Variance request to maximum building size requirements pursuant to Section
17.155(6)(d)5. Request is for a 2,780 square foot variance to continue to use an
existing building as part of a dog training business.
APELLANT: Dick and Ruth VanKeuren
LOCATION: Located in the NW '/of the NE '/4 of Section 25,T28N-R20W, Town of Troy
ADDRESS: 273 Plainview Drive, River Falls, Wisconsin
2. ARTICLE: Special Exception request for a commercial business pursuant to Section 17.18(1).
Request is to operate a roll-off dumpster business and for a drop off location for small
amounts of refuse at designated times. This proposed operation would be in addition
to a body shop and used car dealership currently permitted on a commercial site.
APPELLANT: John Murtha
LOCATION: Located in the SW'/4 of the NW'/4 of Section 7, T28N-R16W, Town of Eau Galle
ADDRESS: 471 Highway 63, Baldwin, Wisconsin
3. ARTICLE: Special Exception request pursuant to Section 17.15(6)(m) and Section 17.15(6)(0).
Request is for a permit to operate a horse riding/training and boarding stable and to
exceed number of animal units per acre of land suitable for animal waste disposal.
APPELLANT: Ken Swanson
LOCATION: Located in part of the SW'/4 of the SW '/4 of Section 24, and part of the NW '/4 of the
NW'/4 of Section 25, all in T28N-R20W, Town of Troy
ADDRESS: 247 Plainview Drive, River Falls, Wisconsin
4. ARTICLE: Variance request to the Class B Highway Setback of 150-feet from the Centerline
pursuant to Section 17.64(1)(b)2. Request is to enlarge an existing non-conforming
home which is currently located 66-feet from the centerline of Highway 12.
APPELLANT: David Harrington
LOCATION: The NW '/4 of the NE '/4 of Section 20, T29N-R18W, Town of Warren
ADDRESS: 1083 Highway 12, Roberts, Wisconsin
5. 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
17.64(6)(1). Request is to expand livestock business to include 1750 cattle.
APPELLANT: Jon-De-Farms, Inc. / Dean Doornink
LOCATION: The NW % of the NE '/4 , and the NE '/4 of the NW '/4, all in Section 24, T28N-R17W,
Town of Rush River.
ADDRESS: 2051 301h Avenue, Baldwin, 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
February 24, 2000
(This meeting was recorded by Northwestern Court Reporters)
The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was
made. Julie Speer, Dick King, Nick Golz and Brian Wert were present. Rich Peterson
was excused. Chairperson Speer believes this to be a properly noticed meeting.
Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, Bob
Heise, Land and Water Conservation, and Judy Kahler, Administrative Secretary.
Motion by Golz second by King to adopt the agenda. Motion carried.
Motion by King, second by Golz to approve the January minutes. Motion carried.
The Board set the next meeting date as March 23, 2000. The starting time will be 8:30
a.m. The meeting will be held in the County Board Room at the Government Center.
Eslinger informed the Board that Article Number 5, Jon-De-Farms, will not be heard
today. The applicant has asked that this be postponed. Eslinger stated that there is a
sheet for interested parties to sign if they would like to be notified of the agenda for the
March 23`d meeting. The zoning office will notify those interested parties when the
hearing will be re-scheduled.
Eslinger went on to explain that the staff has additional concerns about this application,
and is requiring that more information be gathered before the hearing is held. The
applicant must comply with state and county regulations, and that has not been done
yet. Bob Heise stated that there has been some redesigning of the project taking place.
Doornink's will be landspreading the manure on parcels in Pierce County, so there
needs to be an agreement between the counties Land and Water Conservation
Departments' on this project.
Eslinger asked the Board to postpone per staff recommendation. Motion by Wert,
second by Golz to postpone the request based on the following findings:
1. The Department of Natural Resources shall determine navigability of an
intermittent stream on the property.
2. The Environmental Assessment must be submitted to the St. Croix
County Zoning Department prior to the LWCD review.
3. Manure Handling: The applicant plans to separate and haul the solid
portion of the manure to stockpile on headlands.
a. Are the solids a leachable produce;
b. Identify where the stacks are to be placed;
C. Soils below proposed piles have not been identified;
d. Separating solids is a new practice with little research in
Wisconsin and there is little research to validate the safety as far
as the protection to surface waters and groundwater;
4. Bedrock under the earthen storage pond.
All in favor. Motion carried.
CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION
Corporation Counsel will be available today if needed.
NEW BUSINESS
Chairperson Speer welcomed everyone in attendance and gave a brief overview of how
the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public
hearing notice was published correctly and was read into the record as follows:
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday,
February 24, 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 Home Occupation pursuant to
Section 17.15(6)(s) and 17.155.Request is to operate a Dog
Training Center in the Ag/Residential District.
Variance request to maximum building size requirements pursuant
to Section 17.155(6)(d)5. Request is for a 2,780 square foot
variance to continue to use an existing building as part of a dog
training business.
APELLANT: Dick and Ruth VanKeuren
LOCATION: Located in the NW '/4 of the NE '/4 of Section 25,T28N-R20W,
Town of Troy
ADDRESS: 273 Plainview Drive, River Falls, Wisconsin
2. ARTICLE: Special Exception request for a commercial business pursuant to
Section 17.18(1). Request is to operate a roll-off dumpster
business and for a drop off location for small amounts of refuse at
designated times. This proposed operation would be in addition to
a body shop and used car dealership currently permitted on a
commercial site.
APPELLANT: John Murtha
LOCATION: Located in the SW '/4 of the NW '/a of Section 7, T28N-R16W, Town
of Eau Galle
ADDRESS: 471 Highway 63, Baldwin, Wisconsin
3. ARTICLE: Special Exception request pursuant to Section 17.15(6)(m) and
Section 17.15(6)(0). Request is for a permit to operate a horse
riding/training and boarding stable and to exceed number of animal
units per acre of land suitable for animal waste disposal.
APPELLANT: Ken Swanson
LOCATION: Located in part of the SW'/4 of the SW '/4 of Section 24, and part of
the NW '/4 of the NW '/a of Section 25, all in T28N-R20W, Town of
Troy
ADDRESS: 247 Plainview Drive, River Falls, Wisconsin
4. ARTICLE: Variance request to the Class B Highway Setback of 150-feet from
the Centerline pursuant to Section 17.64(1)(b)2. Request is to
enlarge an existing non-conforming home which is currently located
66-feet from the centerline of Highway 12.
APPELLANT: David Harrington
LOCATION: The NW'/4 of the NE '/4 of Section 20, T29N-R18W, Town of -
Warren
ADDRESS: 1083 Highway 12, Roberts, Wisconsin
5. ARTICLE: Special Exception request for a permit to operate a livestock
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operation in excess of one animal unit per acre of land suitable for
animal waste disposal pursuant to Section 17.14(6)(1). Request is
to expand livestock business to include 1750 cattle.
APPELLANT: Jon-De-Farms, Inc. / Dean Doornink
LOCATION: The NW '/4 of the NE 1/4 , and the NE '/4 of the NW 1/4, all in Section
24, T28N-R17W, Town of Rush River.
ADDRESS: 2051 30th Avenue, Baldwin, 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
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Dick and Ruth Van Keuren
Fisher stated that the applicant had previously obtained a special exception permit to
operate a dog training center on their property in April of 1997. The applicant would like to expand their business, therefore, this request is for a special exception permit for a major
home occupation to continue operation of the dog training center in an Ag/Residential
District. Applicant is also requesting a variance to the maximum building size
requirements to allow them to continue using an existing building which is 3,780 square
feet. The building is currently being used for the business and was approved under the
previous Decision. Fisher went over the staff report given to the Board. The following
exhibits were presented:
Exhibit 1: Staff report
Exhibit 2: Proposal for Major Home Occupation submitted by applicant
Exhibit 3: Decision dated April 24, 1997 for Van Keuren business
Exhibit 4: Letter from Town of Troy
Fisher explained that the applicants are asking that several conditions be changed from
the original Decision. They are asking that Condition #2 — hours of operation - be
expanded from 10:00 a.m. to 10:00 p.m., Monday through Friday. In addition, a new
request would be that the applicant be allowed to have 5 weekend seminars during the
months of May 1 through September 30th, with the hours of operation being 9:00 a.m. to
5:00 p.m. Saturday —Sunday. The applicant further requests that the number of
automobiles allowed on these weekends to be increased from 30/day to up to 60/day.
Applicant is also requesting that every other weekend from October until April, would like
classes 10:00 a.m. to 10:00 p.m. on Saturday and Sunday. In the winter, classes would
be held inside the existing building. Fisher further stated that under our ordinance, the
applicant would be allowed two employees.
The Town of Troy has recommended approval of this application with suggested
conditions listed in their correspondence.
Bob Mudge and Ruth VanKeuren, being duly sworn, state that Mudge is the attorney
representing VanKeurens and Ruth is the owner. Mudge stated that Fisher had explained
the request very well to the Board. He further explained that this business had previously
been approved under a Limited Commercial Recreation Activity permit, but when
VanKeuren came into Zoning to discuss putting up a sign for their business, it was
discovered that this business should be under a major home occupation permit, and that is
why they are here today. They would like to get this special exception permit corrected,
as well as expand some areas of the business.
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They have met with the Town of Troy, and have agreed that they would limit the weekend
activities to 3 weekend seminars per year, and two Saturday seminars per year.
VanKeuren's would also be comfortable with limiting the cars per day to 50, rather than 60.
Mudge told the Board that VanKeuren will no longer be asking for every other weekend in
the winter, and would give neighbors a 2 week notice before any seminar is held.
As far as employees are concerned, they have no need for more than two employees, so
applicant is fine with that . The Town has asked that they put something on the road as a
dust deterrent, near the neighboring houses that are located on the driveway. The
applicant has no problem with doing that. The sign for the business is no longer being
requested. Mudge stated that all of the proposed conditions listed in the staff report are
fine with the applicant.
VanKeuren stated that they do not kennel any dogs on the property. The only dogs that
stay there are their own personal dogs.
Janet DeCraene, being duly sworn, is a neighbor of the VanKeurens and shares a
driveway with them. Cars pass their home to go to the VanKeuren property. She stated
that she does not want it to become a 7-day a week operation, as it upsets their life. She
does not object to the business, only that she does not want it to get any larger. She
would like it to stay as it was permitted in 1997. She has been to the Town Board and
shared these concerns with them. She has no problem with the VanKeuren's, but has a
problem with the increase in business.
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Mudge added that the VanKeurens have worked with the Town to come up with a
compromise for the neighbors, but there will be cars going in and out of the property due
to the nature of the business. They are trying to accommodate everyone as best as they
can and will continue to do so. Mudge said that they are more than willing to give a two-
week notice to neighbors on the driveway before any seminar is held. The two current
neighbors on the driveway are DeCraenes and Husers.
Dean Albert, being duly sworn, is the Chairman for the Town of Troy. Albert believes that
there has been a lot of give and take between the neighbors and VanKeurens. The
business has become very successful and he believes that VanKeurens should be able to
continue.
The Board will visit the site.
John Murtha
Fisher stated that the applicant is asking for a special exception to operate a business on
a commercial lot. The request is to operate a roll-off dumpster business and to have a
drop off location for small amounts of refuse at designated times by the public. In 1996
this locations was approved for a special exception for a body shop and used car sales.
The original permit had listed 13 conditions, and Fisher noted that several of those original
conditions have not been met. Condition #2 was not complied with, as there was no
fencing, no screening and no landscaping done on the site. Condition #9, as well, was not
complied with. Areas that serviced the public were to be hard surfaced, and that was not
done. Condition #10 stated that all junk and dump boxes were to be removed from the
site, and that was not done. Failure to comply with the conditions has been a very big
concern to the staff. Fisher asked that the Board take a close look at this when making
their Decision.
Fisher stated that he thinks that the only business on the site right now is the auto body
shop. He does not believe there are any auto sales currently happening. The applicant is
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requesting to operate a dumpster roll-off site at this location, as well as the auto body
shop.
The applicant has submitted a plan for fencing, that he plans to have completed by May 1,
2000. The applicant has asked that the Board waive the blacktop requirement.
Fisher went over the staff report with the Board. He stated that the ordinance is very
specific in the areas of landscaping, screening and paving for commercial properties. He
asked that the Board consider that when they make their Decision.
The Town of Eau Galle recommends approval of this application with suggested
conditions listed in the correspondence sent to the Zoning Office.
L,
The following exhibits were introduced:
Exhibit 1: Staff report
Exhibit 2: Outline of request by Murtha Sanitation with attachments.
Exhibit 3: Site plan of project
Exhibit 4: Letter from DNR stating that appropriate agencies have been contacted.
John Murtha, being duly sworn, is the applicant. He explained the history of this business,
and had a lot of problems communicating with one of the former Zoning Administrators,
and could not get any answers.
With regard to the blacktop issue, the cost to the business was too much and they could
not afford it, so it did not get done. They were also told it would be best to wait until 47t"
avenue was blacktopped, before doing their lot. He was not aware that the landscaping
was a big issue at the time, but is willing to comply. Murtha stated that these issues were
not brought up until he came into get a permit for the roll-off business. The blacktop issue
is a concern for him, as the auto body business may not continue, and the blacktop will not
last very long with the heavy trucks that will be coming in and out of his property with the
roll-off business. It is very expensive to blacktop, approximately$14,000 for this project.
Murtha explained that a roll-off business is not garbage, but mainly handling construction
materials. People have contacted him about dropping off small amounts of construction
materials (i.e. old shingles) at this site as well. That is the reason for his request.
Murtha explained that he was not aware of screening agreement that was agreed to by his
partner (they are no longer partners). He is willing to do this now. As for the blacktop,
there will be very few people in and out of the property. He went on to explain that the auto
business will be scaling down, so will be less cars. There are some vehicles sitting behind
the shop to be used for parts, but do not sit there long. This is not a salvage yard.
Fisher added that they are required to get a DNR permit and Murtha has applied for that
permit. He has received a transportation service license from the DNR.
The Board will visit the site.
The Board recessed at 9:50 a.m.
The Board reconvened at 10:00 a.m.,
Ken Swanson
Eslinger explained that this request is for a special exception permit to operate a riding
and boarding stable in the Town of Troy. Request is to keep approximately 50 horses on
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the property. There is not suitable tillable land to dispose of the animal waste on-site,
therefore, the waste will be transported to another property in St. Croix County.
Eslinger pointed out that several years ago this property was used as a stable, so the
facility is there. There will be a trainer on site who will oversee the daily horse operations.
The trainer will live in a mobile home on-site. The applicant has been notified by the
Zoning Office about obtaining the proper permits for the mobile home. A sanitary
reconnection permit shall be issued prior to the building permit being issued. The applicant -
will be leasing the property to Don Jackelen.
The facility will be open during daylight hours. The applicant requests to have a 12-foot
sign at the entrance of the property, off of Plainview Road.
The following exhibits were introduced:
Exhibit 1: Staff report
Exhibit 2: Application for request.
Exhibit 3: Letter from the Land and Water Conservation Dept. requesting a 590
Nutrient Management Plan. The 590 Plan has been submitted. This will
need to be reviewed by the Land and Water Conservation Dept.
Exhibit 4: Zoning map
Exhibit 5: Copy of plat map
Exhibit 6: Copy of mobile home permit
Exhibit 7: Town recommendation
Exhibit 8: Sanitary permit for reconnection of mobile home.
Ken Swanson, being duly sworn, is the owner of the property. Does not have much to add
to presentation by Eslinger. Presented two letters from neighbors stating no objection.
He further stated that the address of the property is 249 Plainview Drive and is
approximately 80 acres.
Swanson believes that it is a very good location for a business like this. There are lease
agreements that have been signed for the spreading of the manure. These agreements
are part of the 590 Nutrient Management Plan.
Dave Sanders, being duly sworn, is with the Land and Water Conservation Department.
He stated that if lease agreements expire, it would be up to the landowner to find areas to
spread manure.
The Board will visit the site.
David Harrington
Brian Wert excused himself from this request, as he is the building inspector for the Town
of Warren, and this would be a conflict of interest.
Eslinger stated that the request is for a variance from a Class B road setback standard to
locate an addition to the existing structure. The request is for a 69-foot variance. This is a
non-conforming structure and is completely within the setback.
The applicant would like to add on an 18 by 27.5 foot addition. The proposed addition is
further back from the centerline of the Highway 12, but remains within the setback. The
home must have the septic system evaluated if a favorable decision is rendered.
The Department of Transportation does not have any objections to this request. The
Town of Warren recommended approval of this request.
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L:
Eslinger went over the staff report with the Board. The following exhibits were introduced:
Exhibit 1: Staff report
Exhibit 2: Copy of Application with attached letters from neighbors stating no
objection to request.
Exhibit 3: Copy of site plan
Exhibit 4: Letter from Town of Warren recommending approval of variance.
Exhibit 5: Letter from Department of Transportation
Exhibit 6: Site plan showing location of property
Exhibit 7: Copy of plat map
David Harrington, being duly sworn, states that he is the owner of the property. He stated
that there are no objections from neighbors.
Harrington stated that there was an addition on the house about 7 years ago, but they tore
it off as it was in bad shape. Would like to add on an addition now as they could use more
room. They have owned the home about 9-10 years. Did not realize that it was a non-
conforming home when he bought it. Other homes in the area have been added on to and
are closer to the road than his. Proposed addition includes a partial second story and a
basement, and would like to upgrade electrical for entire house. The Board reviewed
photos of the structure.
Robert Folks, being duly sworn, is a landowner next to the Harrington property. He has no
objection to this application. Will add value to his home and that would be good for the
area.
The Board will view the site.
Decisions
The Board reconvened at 1:35 p.m. to render Decisions.
Dick and Ruth VanKeuren
A motion was made by Golz, second by King to approve the special exception request for
a major home occupation and for a variance to the maximum building size requirements.
Variance request approved based on the following findings:
1. Variance approved for the size of the indoor training center as it is a pre-existing
building that was permitted in 1997 and the applicant had the approval to use this
building.
2. There will be no harm to the public by the applicant using this facility. The building
is secluded and at the end of a private road.
3. There is already appropriate screening in place.
Special exception request approved based on the following findings:
1. The major home occupation request meets the spirit and intent of the ordinance.
2. The building meets the 500-foot setback requirement; the outside training facility
meets the 500-foot setback requirement.
3. The Town of Troy recommended approval of the application.
4. The spirit and intent of the ordinance will be met.
5. The conditions listed will help control the extent of the special exception home
occupation.
With the following conditions:
1. The driveway to have 12-foot top with two areas in the driveway widened to 18'
wide and 30' in length to accommodate passing of vehicles.
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2. Hours of operation to be 10:00 a.m. to 10:00 p.m., Monday through Friday.
3. Applicants are allowed three(3) weekend seminars per year, Saturday 9:00 a.m. to
5:00 p.m. 50 car limit and Sunday 9:00 a.m. to 5:00 p.m. —50 car limit. In addition,
applicants are allowed two separate one-day Saturday events per year, 9:00 a.m.
to 5:00 p.m. —30 car limit.
4. Applicant to notify any landowners abutting their access driveway, as well as the
Zoning Office, two weeks prior to date of any weekend seminar.
5. No more than two (2) persons other than the resident of the principal dwelling may
be employed or engaged in the Major Home Occupation.
6. Two inches of gravel required to be maintained on driveway. Applicant shall be
responsible for dust abatement on driveway when customers are entering site.
Applicant to use water, calcium chloride, crushed asphalt or similar product to keep
dust from hindering neighboring properties.
7. No more than 30 cars per day (trips) may enter/exit property (except as authorized
in condition #3)
8. Maximum of 10 dogs per session (except as authorized in condition #3)
9. This approval is for a "major home occupation" to operate a dog training center
outdoors and in an existing accessory building. The size of the building dedicated
to the indoor dog training must not exceed its present size of 3780 square feet.
10. Applicant to maintain a minimum of 10 parking spaces for customers, plus one
parking space for each family for which accommodations area provided on the
premises. All home occupation related parking must be accommodated on the
applicant's parcel.
11. Applicant to maintain proper state licensing to operate the dog training center.
12. There will be no signs allowed on the property.
13. The permit is issued to VanKeurens only. Permit may not be transferred
to
another party.
14. Any minor change (or addition) in expansion of the project, including the business,
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
throughh the special exce tion approval process, where applicable,
as stated in the
ordinance.
The following vote was taken to approve: Wert, yes; King, yes; Golz, yes; Chairperson
Speer, yes. Motion carried.
John Murtha
Motion by King, second by Speer to approve the special exception request for a
commercial use on a commercial property based on the following findings:
1. The spirit and intent of the ordinance will be met.
2. There has been a commercial business located at this site previously.
3. The conditions listed will require compliance with the original conditions for the
site permitted in 1997.
4. The Town of Eau Galle has recommended approval of the application.
5. There were no outside objections to the request.
6. All outside storage will be screened/fenced according to the plans submitted.
With the following conditions:
1. Any proposed lighting is to be illuminated downward, to eliminate light pollution
onto neighboring properties.
2. Areas which service the public and employees must be hard surfaced or
blacktopped as shown on Exhibit #3 (attached) and must be completed by June
1, 2000.
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3. The applicant to provide adequate parking on the parcel for employees and
business vehicles.
• 3 spaces for each maintenance bay
• an additional space for each 2 employees
• adequate parking for vehicles operated in connection with the
business
4. The applicant to maintain proper Wisconsin licensing for the business.
5. Daily hours of operation are limited to the hours of 5:00 a.m. to 7:00 p.m.
6. 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.
7. The applicant is responsible for obtaining any permit or approval required for the
project by municipal, town or county zoning ordinances or by the DNR before
starting the project.
8. The applicant must provide confirmation that he/she has completed permit
process with all other regulatory agencies.
9. The applicant must allow free and unlimited access to the project site at any
reasonable time to any Zoning Office employee, who is overseeing the project
construction, operation, or maintenance.
10. The applicant must keep a copy of this Decision at the project site at all times
until the project has been completed.
11. All junk, including unlicensed and/or inoperable vehicles, are to be removed from
site.
12. Adequate screening must be provided to screen a_y item which is stored
outside.
FENCE: Applicant to install 6-foot fence with privacy slats as indicated on plan.
Fence to be constructed between office and south property line, and along the
north east corner of the shop to the east property line.
LANDSCAPING: Planting shall be required in road setback areas and in side
and rear yard offset areas. A minimum of a least 15% of the area within the
property lines of each lot shall be devoted to landscape purposes ; landscape
plans to be prepared by a professional and approved by the Zoning Director.
Acceptable landscape plan to be submitted to Zoning Director by March 17,
2000.
Landscaping and fencing to be completed in their entirety by June 1, 2000.
Failure to meet this date shall result in the revocation of this special exception
permit.
13. All items associated with the roll-off dumpster business must be located in the
fenced-in area.
14. Any minor change (or addition) in expansion of the project, including building,
signage, 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.
15. The applicant shall have one (1) year from the issuance of the Special Exception
permit to act on the Special Exception permit. Failure to start the new business
in this timeframe 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 before commencing the business operation.
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The following vote was taken to approve: King, yes; Golz, yes; Wert, yes; Chairperson
Speer, yes. Motion carried.
Ken Swanson
Motion by Wert, second by Golz to approve request for a special exception for a limited
commercial recreational use and for livestock operations in excess of one animal unit
per acre based on the following findings:
1. This is an acceptable use in the Ag-Residential District.
2. There is adequate parking on the property.
3. The Town of Troy recommends approval of the application.
4. There were no objections from surrounding landowners
5. There was previously a training facility on this site.
6. The spirit and intent of the ordinance will be met.
With the following conditions:
1. This approval is for a riding and boarding stable for a maximum of 50 horses.
2. Any proposed lighting is to be directed away from neighboring properties.
3. The applicant shall submit a 590 nutrient management plan to be reviewed by
the Land and Water Conservation Department. The animal waste must be
applied to those agricultural parcels identified in the 590 plan. A change in the
waste disposal and may require a new nutrient management plan.
4. Applicant shall secure a reconnection sanitary permit from the Zoning Office prior
to connecting the mobile home (trainer's residence) to the existing septic system.
5. The total signage on the property shall be limited to 32-square feet. The applicant
shall submit a sign plan for staff's review to ensure compliance with the
provisions of the Zoning Ordinance.
6. The applicant shall limit the travel—related to the stable—on Plainview Road
from 6:00 a.m. to a half an hour after sundown, Monday through Sunday.
7. No onsite sales (such as clothing apparel, riding equipment, hats, and boots) are
permitted.
8. The applicant shall secure all necessary town approvals.
9. 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 the horse
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.
10. Any minor change (or addition) in expansion of the project, including, but not
limited to, building, signage, hours of operation, 590 nutrient management plan,
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.
(Expansion of the facility)
The following vote was taken to approve: King, yes; Golz yes; Wert, yes; Chairperson
Speer, yes. Motion carried.
David Harrington
Motion by GOIZ, second by Speer to deny the variance request to the Class B Highway
setback requirements based on the following findings:
1. There is no hardship present. Applicant has reasonable use of the property .
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2. Existing home is adequate. Applicant explained his reasons for requesting the
variance in a narrative and in his public hearing testimony. The applicant has
failed to prove hardship.
3. Entire structure is located within the setback area.
4. Structure is located on a major state highway.
5. A self-imposed hardship is not a basis for granting a variance.
The following vote was taken to deny the request: King, yes; Golz, yes; Wert,
abstained; Chairperson Speer, yes. Motion carried.
A motion was made by Wert, second by King, to adjourn. All in favor. Meeting
adjourned at 2:40 p.m.
ectfully submitt `
/Man Wert, Secretary Debbie Zimmer , Recording Secretary
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