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HomeMy WebLinkAboutBoard of Adjustment 12-16-1999 I _ 7" 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, December 16, 1999 TIME: 8:30 a.m. LOCATION: Government Center, Hudson, Wisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: OTHER BUSINESS Cormican Non-Metallic Mining Operation, located at 2359 310th Street, Clear Lake, Wisconsin: Request to reconsider condition #4 of special exception permit granted on August 26, 1999 which reads as follow: Truck traffic leaving the site shall be required to take a northerly route on 310th to the Polk/St. Croix County Line Road. Request to reconsider condition # 2 of special exception permit granted on October 22, 1998,which reads as follows: Truck traffic leaving and entering the site will take a northerly route to avoid becoming a nuisance and possible safety hazard to surrounding property owners. 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: December 6,1999 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *CANCELLATIONS/CHANGES/ADDITIONS ST. CROIX COUNTY WISCONSIN rrnpApnn• `L ZONING OFFICE ST. CROIX COUNTY """' GOVERNMENT CENTER ' 1101 Carmichael Road Hudson, WI 54016-7710 PUBLIC HEARING NOTICE (715) 386-4680 The St. Croix County Board of Adjustment has scheduled 1999 at 8:30 a.m. at the Government Center, 1101 Carmichael Road following appeals to the St. Croix County ZoningOrdinance.a public hearing for Thursday, December 16, site in question, after which the board will return for the Purpose � Hudson, Wisconsin, to consider the a on-site investigation will be made of each p pose of deliberating and voting on the appeals. 1• ARTICLE: Variance request from a Class D highway centerline feet to allow new home to replace existing home. Request setback requirement r 133 q Pursuant to Section 17.64(1)(d). est is fora 33 foot variance Special Exception request for filling and grading of more slopes of less than 12% pursuant to Section 17.29(c)3 a than 2,000 s . APELLANT: George and Dorothy Bodlovick/Robert Bodlovick a q fton LOCATION: Located in the NW4 %of the N of Section 29 nd MaCombr own of Star Prairie. 2• ARTICLE: Special Exception request for no - No. 226(89) non- No. mining permit pursuant to Ordinance Variance request to 100 foot Property Y mining line setback to allow mining within property line between Olson and Casey properties Ordinance No. 226(89)(F)(d). APPELLANT: St. Croix County Highway Deparment pursuant to LOCATION: Located in the SW%of the NW 4 of Section 11 T31N-R17W, Town of Stanton. 3• ARTICLE: Special Exception request to a contractor storage District to store equipment related to a landscap business ard s the Pursuant APPELLANT. Jeff Bock ss pursuant to Section LOCATION: Located in the SW 4 of the NE 4 of Section 31, T28N_ 4• ARTICLE: S R19W, Town of Troy. pecial Exception request for a Telecommunications Tower in District pursuant to Section 17.85(2). an Agriculture APPELLANT: Steve Krumm/Rick Adams for American quest is to construct a new tower. LOCATION: The NE 4 of the NE 4 of Section 33, T31 N Wer Corp. All interested persons are invited to attend said hear' R17W, Town of Stanton obtained from the office of the St. Croix County Zoning hearing and be heard. Additional information may be Director, Hudson, Wisconsin at(715) 386-4680. Julie Speer, Chairperson St. Croix County Board of Adjustment X - -- -- -- --------- BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES December 16, 1999 (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 Rich Peterson were present. Brian Wert was excused. Chairperson Speer believes this to be a properly noticed meeting. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist and Debbie Zimmermann, Administrative Assistant. Motion by Golz, second by King to adopt the agenda. Motion carried. Motion by King, second by Golz to approve the November minutes. Motion carried. The Board set the next meeting date as January 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. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available today if needed. OTHER BUSINESS Fisher informed the Board that there is one item under Old Business and read the agenda into the record. Fisher further stated that the ordinance allows the applicant to appeal a decision made by the Board. This request is for the Cormican gravel pit and clay mining pit. The Cormican family has asked that the Board reconsider condition#4 of the special exception permit granted on August 26, 1999 and condition #2 of the special exception permit granted on October 22, 1998. The conditions state that the traffic leaving the Cormican property is to take a northerly route. The Cormicans are asking for this to be changed so trucks leaving the property may go south to 230th Avenue and then travel either east or west. They are not asking to go any further south. Mrs. Gerald Cormican, being duly sworn, stated that they have received letters from three surrounding townships supporting their request. Cormican does not believe that by using this proposed route there will be problems. Jerry Clemas, being duly sworn, states that he is a neighbor to the Cormican gravel pit and is against this route being used. He does not believe it is safe, and the trucks raise dust when they go by. James Cormican, being duly sworn, spoke in favor of the alternate route. He stated that the road they plan to use is safe and only two residences on the road. There will be very minimal gravel truck traffic on the road, possibly 3 to 4 trucks a week. Fisher stated that the Board received correspondence dated September 8, 1999 from Gerald Cormican the explaining request. There are also letters from the Town of Forest in St. Croix County, and the Towns of New Haven and Tiffany of Dunn County, supporting this request. A letter was presented from Harold and Shirlee Brooks stating their opposition to this request. The Board will review and make a decision later today. 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, December 16, 1999 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: Variance request from a Class D highway centerline setback requirement of 133 feet to allow new home to replace existing home. Request is for a 33-foot variance pursuant to Section 17.64(1)(d). Special Exception request for filling and grading of more than 2,000 sq. ft. on slopes of less than 12% pursuant to Section 17.29( c)3. APELLANT: George & Dorothy Bodlovick/Robert Bodlovick & Mary McComb LOCATION: Located in the NW'/4 of the N '/4 of Section 29,T31 N-R18W, Town of Star Prairie. 2. ARTICLE: Special Exception request for non-metallic mining permit pursuant to Ordinance No. 226(89)Variance request to 100 foot property mining line setback to allow mining within common property line between Olson and Casey properties pursuant to Ordinance No. 226(89)(F)(d). APPELLANT: St. Croix County Highway Department LOCATION: Located in the SW '/4 of the NW % of,Section 11, T31 N-R17W, Town of Stanton. 3. ARTICLE: Special Exception request to a contractor storage yard in the Ag/Residential District to store equipment related to a landscaping business pursuant to Section 17.15(6)(d). APPELLANT: Jeff Bock LOCATION: Located in the SW '/4 of the NE '/4 of Section 31, T28N-R19W, Town of Troy. 4. ARTICLE: Special Exception request for a Telecommunications Tower in an Agriculture District pursuant to Section 17.85(2). Request is to construct a new tower. APPELLANT: Steve Krumm/ Rick Adams for American Tower Corp. LOCATION: The NE '/4 of the NE '/4 of Section 33, T31 N-R17W, Town of Stanton 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 2 George and DorothyBodlovick/ Robert Bodlovick and Ma McComb Eslinger explained that this is a request for a variance to the highway setback requirements and for a special exception permit for filling and grading in a Shoreland District. The applicant is requesting a 33-foot variance to construct a new home on his property. The existing home is located 66 feet from the centerline, so this new structure would be an improvement and would be further from the road. This property is on the Apple River. The home will meet the river setback. A Chapter 30 permit from the DNR is not required in this case. Silt fencing has been installed. The DNR has verbally stated that they have no objection to this project. The Land and Water Conservation Department has reviewed this application and support the project with the condition that hay bales be put around the silt fencing to help with erosion control. The Town of Star Prairie supports the application. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application for variance and special exception. Exhibit 3: Map showing the site. Exhibit 4: Letter from the Land and Water Conservation Department Exhibit 5: Letter from the Town of Star Prairie stating no objection to the request Exhibit 6: Site plan Eslinger stated that they cannot construct a home of any kind on the property without a variance. There is an existing shed that is 39 feet from the centerline that will remain where it is. Fisher added that the new structure will be more in conformity than the old one. The Board will visit the site. St Croix County Highway Department Fisher explained that this request is for the expansion of an existing gravel pit that has been operated for approximately 15 years. The Olson property is the location of this gravel pit and the county now wants to expand onto the adjoining Casey property to the south. The applicant is also asking for a variance to the 100-foot property mining line setback to allow mining within the common property line between the Olson and Casey properties. They are also asking that the 5-year renewal requirement be waived. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Detailed narrative from the Highway Department of the project Exhibit 3: Proposed layout of the pit showing where the 100-foot variance request is located between the properties. Exhibit 4: Letter from the Town of Stanton recommending approval of the project Exhibit 5: E-mail correspondence from the DNR supporting the application Exhibit 6: Approval from Land and Water Conservation Department Exhibit 7: Letter from the Town of Star Prairie supporting this request Exhibit 8: Letter from the Town of Cylon supporting this request Dan Fedderly, being duly sworn, stated that he is the Highway Commission for St. Croix County. The Highway Department has operated a pit on the Olson property for 15 years and they plan to operate for about 5 more years. The Casey property is adjacent to and 3 i south of the Olson property, consisting of 118 acres. The County plans to purchase this land for the pit. They have tested the gravel and know that there is 60 to 70 years worth of resources, based on current usage. Fedderly introduced a map showing cells that will be excavated, the reclamation will be on an ongoing basis. The Board reviewed the maps. Fedderly explained that all of the drainage will remain within the site. They will work with the DNR to re-establish prairie habitat, and plan to use existing pine trees for the buffer. Fedderly stated that access to the Olson property is off of County Road H. They would like to continue with this access, but will need to negotiate this. If they cannot use this access, they will have to use County Trunk T. Both roads have just been improved, so Fedderly does not see this as a problem. The 100-foot property line variance request is to allow them to mine through one property to another; with no interruptions to the south and east property line. Fedderly believes this would be a better reclamation process and would look better when it is finished. Fedderly explained to the Board that they would like to have the 5 year review of this project waived, as they work with zoning on a yearly basis and would have to address any issues that come up, as they are part of the County. Fedderly stated that the purchase offer of this property is contingent on the Board approval of the project. Noel Cook, being duly sworn, stated that he owns the property to the west of the Olson property. He said that he has an agreement with the County, dated May 29, 1986, stating that they will not mine any closer than 450 feet to his property line. Cook was wondering if they would honor this agreement for the Casey property as well. He stated that the County has been very good to work with. Fedderly will work with Mr. Cook on this. Agreement labeled as Exhibit 9. The Board will visit the site. Jeff Bock Eslinger explained that this application is for a contractor storage yard in the ag/residential district. Bock would like to store equipment on site during non-working hours. The storage area measures about 40 feet by 80 feet. He is also requesting to keep a small amount of material on hand. Bock had applied for this back in 1997, but rescinded the application. This project was brought to zoning's attention through a complaint. The property is located on a private road, Page Lane, in the Town of Troy. The Town does not support the request. Eslinger went over the staff report with the Board. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application for special exception Exhibit 3: Narrative outlining request and a map Exhibit 4: Copy of map showing location of property Exhibit 5: Application for Town of Troy for permit for contractor's storage permit Exhibit 6: Site plan Exhibit 7: Letter from the Town of Troy Planning Board and Town Board recommending denial of the request. Eslinger told the Board that the Zoning staff has been on site , and did not see much being stored on the property, except for one trailer. 4 The staff received three letters today from property owners, opposing this request. The letters were from: P.B. Engel, Paula and David Melser, and Lois Berres. They stated their concerns and a main concern they all have is that it is a private road. Henk Van Dyk, being duly sworn, states that he is the attorney for Jeff Bock. He explained that Bock is a one-man landscaping business. Bock owns 4 %2 to 5 acres of land. This has been a full time business for about 3 years, and he plans on remaining the same size, and not getting any larger. He does not own much equipment , and does not plan to buy any more. Van Dyk went over the map labeled as exhibit 6. All of the equipment will be parked next to the house, and it cannot be seen by other property owners. Van Dyk went on to explain that Bock begins his workday anytime between 6:30 a.m. and 7:30 a.m. and works until dark during the months he can run his landscaping business. He would like to continue those hours. He leaves the property with one truck and one trailer, and Van Dyk believes that there is not a noise factor involved with that. The Town of Troy denied this request. Van Dyk believes that there is a misunderstanding on what Bock is proposing to do. This application is for a storage yard. There is not going to be any business conducted on the property. All of the business is done off-site at his clients homes. He does not store materials for his jobs at his home. All materials are delivered directly to the job site. Van Dyk further stated that there was some black dirt and some materials stored at Bock's home, but that was for his own personal use, and he is allowed to do that. Van Dyk asked the Board to overrule the objections of the Town and grant this permit, so Bock may continue his business. Jeff Bock, being duly sworn, is the applicant and owner of the property. He explained how the business got started on a part-time basis, and is now full time. All the materials presently on site are for his own personal use, and he reiterated that he has very few pieces of equipment. He further stated that he now has less equipment than he did before, and what he has is in better shape than what he used to have. Bock went on to explain that back in 1997 his wife applied for a permit to operate a massage business out of their home. There was so much opposition, that she decided to rescind her application, and it was never heard. Bock applied for his business at the same time, but rescinded his application, because he was under the impression that he did not need a permit. Bock has no plans to have employees. Once in a while, his nephew will help him out with a project, but has only worked 100 hours, or less, for him over the past year. He usually leaves his property between 6:30 a.m. and 7:30 a.m. and usually does not come back until dusk. He reiterated that he does not plan to expand this business, as he likes it the size that it is. If he ever does expand, he would go off-site, but that is very unlikely. He stated that he helps to maintain this private road, as well as the rest of the neighbors. Lois Berres, being duly sworn, is a neighbor of Bocks. She is opposed to this application and is concerned about the road issue and does not believe he should be able to use the road for heavy equipment. She stated that his equipment is noisy. She further stated that she believes it is not safe for the children in the neighborhood. Jane Mathews, being duly sworn, lives behind the Bock property. She also has concerns about the children's safety and the condition of the private road. She does not believe that the road can handle the traffic. 5 I Roxanne Solely, being duly sworn, is also opposed to the application. She is concerned about the road, the children's safety and stated that she thinks Bock drives too fast on the road. Solely stated that Bock should pay more towards the upkeep of the road if he is going to have heavy equipment on it. Peter Engler, being duly sworn, is an adjoining landowner, and is opposed to this application. He is concerned that the Town denied him in 1997 and he still has the business. He is concerned about the road, and that Bock may want to expand. Dean Albert, being duly sworn, is the Chairman for the Town of Troy. He is concerned about the road issue and does not think it is safe. Dick King asked why it was never made into a town road. Albert stated that the Town decided a long time ago to have it private, and he does not know why it was never made into a town road. Bock addressed the Board again stating that he had a brush pile in his yard this past summer from some projects he had on his property. He burned the brush this past fall. He further stated that he is aware of the children in the neighborhood and is careful when he drives. He has lived at this property since 1991, and started this business in 1993 on a part-time basis, so this is not new to the neighborhood. Van Dyk added that there will not be an expansion of the business, and the Board may set conditions to keep the business at its current size. He further stated that this road is a 20- foot road, only 2 feet smaller than a town road. He does not believe that Bock should be denied a permit for the reasons stated by the neighbors. The Board recessed at 10:35 a.m. The Board reconvened at 10:45 a.m. Steve Krumm/ Rick Adams-American Tower Eslinger explained that this application was on the August agenda, but was postponed until today to get more information on the project. This is for a telecommunications tower in Stanton. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application for special exception Exhibit 3: Map showing site location Exhibit 4: Letter from Town of Stanton passing this matter onto the county Exhibit 5: Letter from Jeff Nelson, tower consultant for St. Croix County, recommending approval of the application. Exhibit 6: Letter from the Department of Commerce approving the application Eslinger went over the staff report with the Board. The application meets the requirements outlined in the ordinance. Jeff Nelson, County Tower Consultant, has reviewed the application and all of his comments have been address and Nelson supports the request. Eslinger stated that all of the surrounding land uses are primarily agriculture. The site does fall within a 3-mile restrictive area near the New Richmond airport, and needs FAA approval. The FAA has reviewed and approved the application and we will be receiving a letter from the FAA and the New Richmond Airport. Rick Adams, being duly sworn, is representing American Tower. He went to 3 meetings in the Town of Stanton and thoroughly reviewed the request and answered questions. There 6 were no strong objections from the neighbors. Adams explained that this area is in need of service. They have gathered data on this area and it will provide adequate coverage. Steve Krumm, being duly sworn, states that he is the owner of the property. He has talked to all of his neighbors and there were no objections. He stated that this is a 25-year contract for him, and will keep him from selling his land and it will be able to remain in agriculture zoning. Mike Reeve, being duly sworn, is also with American Tower. He was at the airport commission meeting and they will be sending a letter of recommendation to Zoning this week. The Board will visit the site. The Board recessed to conduct site visits at 11:00 a.m. Decisions The Board reconvened at 1:55 p.m. to render Decisions. George and Dorothy Bodlovick/Robert Bodlovick and Mary McComb A motion was made by Golz, second by Peterson to approve the variance request from a Class D highway centerline setback requirement based on the following findings: 1. There is a hardship in this case due to the layout of the land. Without a variance, there would be no use of the property, as the lot is not wide enough to meet the setback from the Apple River and the Class D highway setback. The new structure is an improvement and will meet the 75-foot setback from the river. 2. The new structure will be further back from the road than the existing structure so will be more compliant with the ordinance requirements. The current structure is 66-feet from the centerline of 93`d Street, and the new structure will be located 100- feet from the centerline of 93`d Street. 3. There were no objections from the Department of Natural Resources. 4. The Town of Star Prairie 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 structure, including decks and roof overhangs shall not be located closer than 100 feet to the centerline of the road. All other setbacks must be met. 2. Applicant shall obtain a reconnection septic permit from the Zoning Office and a local building permit from the town. 3. This variance is valid for a period of one year from the date of issuance; failure to obtain the necessary approvals within this timeframe shall result in revocation of the variance. 4. Failure to comply with the above conditions shall result in revocation of the variance. The following vote was taken to approve: Wert; yes; Peterson, yes; King, yes; Golz, yes; Chairperson Speer, yes. Motion carried. 7 A motion was made by Peterson, second by King to approve special exception request for filling and grading in a Shoreland District, based on the following findings: 1. The Land and Water Conservation Department approves of the application with conditions. 2. The Department of Natural Resources has no objections to the project. 3. The Town of Star Prairie has approved the application. 4. The spirit and intent of the ordinance will be met. With the following conditions: 1. Applicant shall contact the Zoning Office at the beginning of the project, after erosion control is in place, and at the end of the project. Zoning will monitor project to ensure the project is completed according to plan. 2. The applicant shall follow the plans submitted with proposal. 3. Any vegetative removal shall conform with the standards in the Shoreland Ordinance. 4. The property owner and contractor are personally responsible for installation and on-going maintenance of all erosion control practices/devices. Straw/hay bales with steel spikes are to be installed with the silt fences as added vertical support for the silt fence. 5. All structures, including roof-overhangs, decks, etc., must meet the minimum setback requirements as outlined in the St. Croix County Zoning Ordinance; 75 feet from the OHWM of the Apple River. 6. Vehicle traffic should be limited to tracked vehicles only in the seventy-five foot (75) setback area from the ordinary high water mark. 7. Avoid filling and grading within the seventy-five foot (75) setback area from the ordinary high water mark on the bluff face. 8. Re-vegetate and stabilize all disturbed areas as soon as possible. All other disturbed areas where permanent seeding will not be possible by this date must be re-vegetated with an annual seed, such as winter wheat. Permanent re- vegetation must be completed as soon as weather conditions allow in the spring of 2000. 9. Any minor change (or addition) in expansion of the project, including building, shall require review and approval by the zoning administrator. 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 date of issuance of the special exception to reconstruct the proposed residence. Failure to reconstruct the residence in this time frame shall result in the expiration of this special exception. If the special exception expires, the applicant will be required to secure a new special exception through a separate special exception application. The following vote was taken to approve: Golz, yes; Wert, yes; King, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Steve Krumm/American Tower Corn Motion by Golz, second by King to approve the special exception request for a telecommunications tower in the Agriculture District based on the following findings: 1. There was no objection from the Town of Stanton. 2. There was no outside objection to the request. 3. Jeff Nelson, telecommunications consultant, has reviewed the application and recommends approval. 8 4. The application meets all St. Croix County ordinance requirements for telecommunication towers. 5. The spirit and intent of the ordinance will be met. With the following conditions: 1. A 300-foot tower to be constructed according to the plans submitted. Applicant to follow all written stipulations noted in their application. 2. The Zoning Office is to be notified at the start and the finish of the project. 3. Project to meet all requirements of the Wireless Communications Facilities Ordinance. 4. All FAA and FCC approvals/ permits are to be obtained. Construction may not commence until the Zoning Office receives a letter of approval from the City of New Richmond Airport Commission and the FAA. 5. Applicant to agree to allow collocation of competitors on tower at market rate. 6. The color of the tower is to be according to the Zoning Ordinance. 7. The applicant must secure a township building permit prior to starting construction. 8. Any change (or addition) in use, or expansion of the project shall require review and approval by the Zoning Director and in some circumstances, through the Special Exception approval process, where applicable, as stated in the ordinance. 9. 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; Wert, yes; Chairperson Speer, yes. Motion carried. Cormican Non-Metallic Operation Motion by Peterson, second by Golz to approve request for the Board to rescind the language in condition #4 of the August 26, 1999 special exception permit, and condition #2 of the special exception permit granted on October 22, 1998 and to replace these conditions with the following language: Trucks hauling material and leaving the Cormican site will take a route that goes no further south than 230th Avenue and then will turn either east or west on 230th Avenue. (In St. Croix County, the applicant would be able to travel south on County Road "P"). This approval was based on the following findings: 1. There was supporting documentation from Town of Forest, St. Croix County, and the Towns of Tiffany and New Haven in Dunn County, recommending approval of this request. 2. After reviewing evidence proposed at the hearing, the Board believes that it is no longer necessary for trucks hauling material to take this route. There are no residences on 230th Avenue to the west, and only 2 residences to the east that are adequately setback off of the road. There were no objections by the owners of these two residences. 3. The Board finds that the trucks will not be imposing a burden on any surrounding landowners with this modified condition. 9 t 4. The Cormicans have trimmed back the corner at intersection stop sign to allow for better sight/vision clearance. The following vote was taken to approve: Wert, yes; King, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Jeff Bock Motion by Golz, second by Peterson to approve request for a special exception for a contractors storage yard based on the following findings: 1. The conditions placed on the applicant will limit the extent of the business to its existing size. 2. By following conditions, outside storage will be appropriately screened from neighboring properties. 3. The neighbors concerns were addressed; the Board finds that the application meets the requirements of granting a special exception under Section 17.70(7). 4. The spirit and intent of the ordinance will be met. With the following conditions: 1. The approval is for a "contractor's storage yard"for a business known as "3 Rivers Landscape". 2. All equipment related to this request shall either be stored within the confines of a structure or stored in an outside area not to exceed 40 by 80-feet (3200 sq. ft.) Applicant is limited to landscaping equipment list submitted with his application. Applicant may only replace/ upgrade equipment with similar equipment. 3. Applicant is to provide a screening plan to the Zoning Office by January 1, 2000. All screening to be in place by June 1, 2000. Screening must consist of an opaque structure such as a wooden fence and/or mature pine trees. 4. The approval does not include storage of hazardous materials onsite. (This does not apply to chemicals that the applicant may use for personal use). 5. The applicant shall limit the travel—related to business—on Page Road from 7:30 a.m. to % hour after sundown, Monday through Saturday. The applicant should avoid excess trips to and from the property during these hours. 6. No person other than the resident of the principal dwelling may be engaged in the 3 Rivers Landscape Business. 7. All designated outside storage areas shall be so placed or screened (as noted in Condition #3) and not to be visible from Page Lane or any residential building other than that of the owner of such yard. 8. The applicant shall have the Zoning Director review this special exception permit in two years from the approval date for compliance with this approval (December 2001). 9. This approval does not give the authorization to place a signage on the parcel. All signage must be approved by the zoning department and must strictly adhere to the St. Croix County Signage Ordinance. 10. This Special Exception shall be temporary in nature and shall not be transferable from person to person or from address to address. 11. 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. 12. Any minor change (or addition) in expansion of the project, including the business, signage, lighting, hours of operation, shall require review and approval 10 i bay the zoning director. Any major change and/or addition to the originally approved plan will go through the special exception approval process, where applicable, as stated in the ordinance. The following vote was taken to approve: King, yes; Wert, yes; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. St. Croix County Highway Department Motion by Speer, second by Peterson to approve the special exception request for a non-metallic mining permit based on the following findings: 1. The Town of Star Prairie and the Town of Cylon have asked that the county approve this application, as sand and gravel resources are needed for this area. 2. The Department of Natural Resources supports this application. 3. The Land and Water Conservation Department recommends approval of the application. 4. The reclamation of the property will tie in well with the DNR prairie restoration project. 5. The county is cooperating with surrounding landowners. Testimony from the public has been positive. 6. The Highway Department has submitted a long-range plan for the future phases. 7. The spirit and intent of the ordinance will be met. With the following conditions: 1. Gravel mining project is to proceed according to plans presented. Mining is only authorized to occur in the SW'/4 NW %. Any expansion beyond this legal boundary shall require a new special exception permit. 2. Operator/applicant shall comply with all of the general requirements and conditions listed in the non-metallic mining and reclamation ordinance (Ordinance #226(89) unless varied per these conditions). 3. Applicant is responsible for on-site dust abatement when working in the pit, during the duration of the permit. 4. Hours of operation shall not exceed 6:00 a.m. to 6:00 p.m., Monday through Friday. The highway department may request occasional weekend operation. The zoning department must authorize any specific weekend work. 5. Operator to comply with any conditions established by Town of Stanton regarding use of any town roads and maintenance. 6. Applicant to receive final recommendation from the Town of Stanton. 7. Permit includes temporary placement of equipment necessary to conduct the mining operation. 8. Site reclamation will proceed on an ongoing basis as pit is operated. The DNR will be working with the county to use this site as an extension of an existing "Prairie Restoration Project" that exists in close proximity to this location. 9. Any change (or addition) in use, or expansion of the non-metallic mining project shall require review and approval by the Zoning Director and, in some circumstances, through the Special Exception approval process, where applicable, as stated in the ordinance. 10. Maximum acreage open at any one time shall not exceed 20 acres. Site must be reclaimed on an ongoing basis so that this ordinance requirement is no breached. 11. Special Exception permit is valid for the SW '/4 NW '/4 only. Any expansion from this area shall require a new Special Exception permit. 12. The county will not require bonding requirements on itself. 11 13. A five-year renewal plan is not required as the phases of operation have been outlined in the proposed plan. Any mining outside the SW 1/4, NW'/4 will require a new special exception permit. The following vote was taken to approve: Peterson, yes; Golz, yes; King, yes; Wert, yes; Chairperson Speer, yes. Motion carried. A motion was made by Speer, second by Golz to approve variance request to waive the 100 feet property mining setback between property lines based on the following findings: 1. The property line is located between the Olson and Casey properties. This variance will allow mining through this "common" property line. 2. This variance provides for improved reclamation for"both" properties. 3. There is no objection from surrounding landowners. 4. The spirit and intent of the ordinance will be met. With the following condition: 1. Applicant is granted a variance to waive the 100-foot property line setback requirement and allow mining in-between the common property lines of Casey and Olson. This variance includes the north and east property lines of the SW '/4, NW 1/4, Section 11, T31 N, R1 7W (see map). NOTE: All mining must be contained within the SW 1/4, NW 1/4. The following vote was taken to approve: King, yes; Wert, yes; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. A motion was made by Peterson second by Speer to adjourn. All in favor. Meeting adjourned at 3:35 p.m. Respectfully submitted: Brian Wert, Secretary Debbie Zimmermann, Recording Secretary 12 BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES December 16, 1999 (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 Rich Peterson were present. Brian Wert was excused. Chairperson Speer believes this to be a properly noticed meeting. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist and Debbie Zimmermann, Administrative Assistant. Motion by Golz, second by King to adopt the agenda. Motion carried. Motion by King, second by Golz to approve the November minutes. Motion carried. The Board set the next meeting date as January 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. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available today if needed. OTHER BUSINESS Fisher informed the Board that there is one item under Old Business and read the agenda into the record. Fisher further stated that the ordinance allows the applicant to appeal a decision made by the Board. This request is for the Cormican gravel pit and clay mining pit. The Cormican family has asked that the Board reconsider condition #4 of the special exception permit granted on August 26, 1999 and condition #2 of the special exception permit granted on October 22, 1998. The conditions state that the traffic leaving the Cormican property is to take a northerly route. The Cormicans are asking for this to be changed so trucks leaving the property may go south to 230th Avenue and then travel either east or west. They are not asking to go any further south. Mrs. Gerald Cormican, being duly sworn, stated that they have received letters from three surrounding townships supporting their request. Cormican does not believe that by using this proposed route there will be problems. Jerry Clemas, being duly sworn, states that he is a neighbor to the Cormican gravel pit and is against this route being used. He does not believe it is safe, and the trucks raise dust when they go by. James Cormican, being duly sworn, spoke in favor of the alternate route. He stated that the road they plan to use is safe and only two residences on the road. There will be very minimal gravel truck traffic on the road, possibly 3 to 4 trucks a week. Fisher stated that the Board received correspondence dated September 8, 1999 from Gerald Cormican explaining the request. There are also letters from the Town of Forest in St. Croix County, and the Towns of New Haven and Tiffany of Dunn County, supporting this request. A letter was presented from Harold and Shirlee Brooks stating their opposition to this request. The Board will review and make a decision later today. j 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, December 16, 1999 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: Variance request from a Class D highway centerline setback requirement of 133 feet to allow new home to replace existing home. Request is for a 33-foot variance pursuant to Section 17.64(1)(d). Special Exception request for filling and grading of more than 2,000 sq. ft. on slopes of less than 12% pursuant to Section 17.29( c)3. APELLANT: George & Dorothy Bodlovick/Robert Bodlovick & Mary McComb LOCATION: Located in the NW'/4 of the N '/4 of Section 29,T31 N-R18W, Town of Star Prairie. 2. ARTICLE: Special Exception request for non-metallic mining permit pursuant to Ordinance No. 226(89)Variance request to 100 foot property mining line setback to allow mining within common property line between Olson and Casey properties pursuant to Ordinance No. 226(89)(F)(d). APPELLANT: St. Croix County Highway Department LOCATION: Located in the SW '/4 of the NW '/4 of Section 11, T31 N-R17W, Town of Stanton. 3. ARTICLE: Special Exception request to a contractor storage yard in the Ag/Residential District to store equipment related to a landscaping business pursuant to Section 17.15(6)(d). APPELLANT: Jeff Bock LOCATION: Located in the SW '/4 of the NE '/4 of Section 31, T28N-R19W, Town of Troy. 4. ARTICLE: Special Exception request for a Telecommunications Tower in an Agriculture District pursuant to Section 17.85(2). Request is to construct a new tower. APPELLANT: Steve Krumm/ Rick Adams for American Tower Corp. LOCATION: The NE '/4 of the NE '/4 of Section 33, T31 N-R17W, Town of Stanton 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 2 George and Dorothy Bodlovick/ Robert Bodlovick and Mary McComb Eslinger explained that this is a request for a variance to the highway setback requirements and for a special exception permit for filling and grading in a Shoreland District. The applicant is requesting a 33-foot variance to construct a new home on his property. The existing home is located 66 feet from the centerline, so this new structure would be an improvement and would be further from the road. This property is on the Apple River. The home will meet the river setback. A Chapter 30 permit from the DNR is not required in this case. Silt fencing has been installed. The DNR has verbally stated that they have no objection to this project. The Land and Water Conservation Department has reviewed this application and support the project with the condition that hay bales be put around the silt fencing to help with erosion control. The Town of Star Prairie supports the application. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application for variance and special exception. Exhibit 3: Map showing the site. Exhibit 4: Letter from the Land and Water Conservation Department Exhibit 5: Letter from the Town of Star Prairie stating no objection to the request Exhibit 6: Site plan Eslinger stated that they cannot construct a home of any kind on the property without a variance. There is an existing shed that is 39 feet from the centerline that will remain where it is. Fisher added that the new structure will be more in conformity than the old one. The Board will visit the site. St Croix County Highway Department Fisher explained that this request is for the expansion of an existing gravel pit that has been operated for approximately 15 years. The Olson property is the location of this gravel pit and the county now wants to expand onto the adjoining Casey property to the south. The applicant is also asking for a variance to the 100-foot property mining line setback to allow mining within the common property line between the Olson and Casey properties. They are also asking that the 5-year renewal requirement be waived. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Detailed narrative from the Highway Department of the project Exhibit 3: Proposed layout of the pit showing where the 100-foot variance request is located between the properties. Exhibit 4: Letter from the Town of Stanton recommending approval of the project Exhibit 5: E-mail correspondence from the DNR supporting the application Exhibit 6: Approval from Land and Water Conservation Department Exhibit 7: Letter from the Town of Star Prairie supporting this request Exhibit 8: Letter from the Town of Cylon supporting this request Dan Fedderly, being duly sworn, stated that he is the Highway Commission for St. Croix County. The Highway Department has operated a pit on the Olson property for 15 years and they plan to operate for about 5 more years. The Casey property is adjacent to and 3 I south of the Olson property, consisting of 118 acres. The County plans to purchase this land for the pit. They have tested the gravel and know that there is 60 to 70 years worth of resources, based on current usage. Fedderly introduced a map showing cells that will be excavated, the reclamation will be on an ongoing basis. The Board reviewed the maps. Fedderly explained that all of the drainage will remain within the site. They will work with the DNR to re-establish prairie habitat, and plan to use existing pine trees for the buffer. Fedderly stated that access to the Olson property is off of County Road H. They would like to continue with this access, but will need to negotiate this. If they cannot use this access, they will have to use County Trunk T. Both roads have just been improved, so Fedderly does not see this as a problem. The 100-foot property line variance request is to allow them to mine through one property to another; with no interruptions to the south and east property line. Fedderly believes this would be a better reclamation process and would look better when it is finished. Fedderly explained to the Board that they would like to have the 5 year review of this project waived, as they work with zoning on a yearly basis and would have to address any issues that come up, as they are part of the County. Fedderly stated that the purchase offer of this property is contingent on the Board approval of the project. Noel Cook, being duly sworn, stated that he owns the property to the west of the Olson property. He said that he has an agreement with the County, dated May 29, 1986, stating that they will not mine any closer than 450 feet to his property line. Cook was wondering if they would honor this agreement for the Casey property as well. He stated that the County has been very good to work with. Fedderly will work with Mr. Cook on this. Agreement labeled as Exhibit 9. The Board will visit the site. Jeff Bock Eslinger explained that this application is for a contractor storage yard in the ag/residential district. Bock would like to store equipment on site during non-working hours. The storage area measures about 40 feet by 80 feet. He is also requesting to keep a small amount of material on hand. Bock had applied for this back in 1997, but rescinded the application. This project was brought to zoning's attention through a complaint. The property is located on a private road, Page Lane, in the Town of Troy. The Town does not support the request. Eslinger went over the staff report with the Board. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application for special exception Exhibit 3: Narrative outlining request and a map Exhibit 4: Copy of map showing location of property Exhibit 5: Application for Town of Troy for permit for contractor's storage permit Exhibit 6: Site plan Exhibit 7: Letter from the Town of Troy Planning Board and Town Board recommending denial of the request. Eslinger told the Board that the Zoning staff has been on site , and did not see much being stored on the property, except for one trailer. 4 i The staff received three letters today from property owners, opposing this request. The letters were from: P.B. Engel, Paula and David Melser, and Lois Berres. They stated their concerns and a main concern they all have is that it is a private road. Henk Van Dyk, being duly sworn, states that he is the attorney for Jeff Bock. He explained that Bock is a one-man landscaping business. Bock owns 4 %2 to 5 acres of land. This has been a full time business for about 3 years, and he plans on remaining the same size, and not getting any larger. He does not own much equipment , and does not plan to buy any more. Van Dyk went over the map labeled as exhibit 6. All of the equipment will be parked next to the house, and it cannot be seen by other property owners. Van Dyk went on to explain that Bock begins his workday anytime between 6:30 a.m. and 7:30 a.m. and works until dark during the months he can run his landscaping business. He would like to continue those hours. He leaves the property with one truck and one trailer, and Van Dyk believes that there is not a noise factor involved with that. The Town of Troy denied this request. Van Dyk believes that there is a misunderstanding on what Bock is proposing to do. This application is for a storage yard. There is not going to be any business conducted on the property. All of the business is done off-site at his clients homes. He does not store materials for his jobs at his home. All materials are delivered directly to the job site. Van Dyk further stated that there was some black dirt and some materials stored at Bock's home, but that was for his own personal use, and he is allowed to do that. Van Dyk asked the Board to overrule the objections of the Town and grant this permit, so Bock may continue his business. Jeff Bock, being duly sworn, is the applicant and owner of the property. He explained how the business got started on a part-time basis, and is now full time. All the materials presently on site are for his own personal use, and he reiterated that he has very few pieces of equipment. He further stated that he now has less equipment than he did before, and what he has is in better shape than what he used to have. Bock went on to explain that back in 1997 his wife applied for a permit to operate a massage business out of their home. There was so much opposition, that she decided to rescind her application, and it was never heard. Bock applied for his business at the same time, but rescinded his application, because he was under the impression that he did not need a permit. Bock has no plans to have employees. Once in a while, his nephew will help him out with a project, but has only worked 100 hours, or less, for him over the past year. He usually leaves his property between 6:30 a.m. and 7:30 a.m. and usually does not come back until dusk. He reiterated that he does not plan to expand this business, as he likes it the size that it is. If he ever does expand, he would go off-site, but that is very unlikely. He stated that he helps to maintain this private road, as well as the rest of the neighbors. Lois Berres, being duly sworn, is a neighbor of Bocks. She is opposed to this application and is concerned about the road issue and does not believe he should be able to use the road for heavy equipment. She stated that his equipment is noisy. She further stated that she believes it is not safe for the children in the neighborhood. Jane Mathews, being duly sworn, lives behind the Bock property. She also has concerns about the children's safety and the condition of the private road. She does not believe that the road can handle the traffic. 5 I Roxanne Solely, being duly sworn, is also opposed to the application. She is concerned about the road, the children's safety and stated that she thinks Bock drives too fast on the road. Solely stated that Bock should pay more towards the upkeep of the road if he is going to have heavy equipment on it. Peter Engler, being duly sworn, is an adjoining landowner, and is opposed to this application. He is concerned that the Town denied him in 1997 and he still has the business. He is concerned about the road, and that Bock may want to expand. Dean Albert, being duly sworn, is the Chairman for the Town of Troy. He is concerned about the road issue and does not think it is safe. Dick King asked why it was never made into a town road. Albert stated that the Town decided a long time ago to have it private, and he does not know why it was never made into a town road. Bock addressed the Board again stating that he had a brush pile in his yard this past summer from some projects he had on his property. He burned the brush this past fall. He further stated that he is aware of the children in the neighborhood and is careful when he drives. He has lived at this property since 1991, and started this business in 1993 on a part-time basis, so this is not new to the neighborhood. Van Dyk added that there will not be an expansion of the business, and the Board may set conditions to keep the business at its current size. He further stated that this road is a 20- foot road, only 2 feet smaller than a town road. He does not believe that Bock should be denied a permit for the reasons stated by the neighbors. The Board recessed at 10:35 a.m. The Board reconvened at 10:45 a.m. Steve Krumm/Rick Adams-American Tower Eslinger explained that this application was on the August agenda, but was postponed until today to get more information on the project. This is for a telecommunications tower in Stanton. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application for special exception Exhibit 3: Map showing site location Exhibit 4: Letter from Town of Stanton passing this matter onto the county Exhibit 5: Letter from Jeff Nelson, tower consultant for St. Croix County, recommending approval of the application. Exhibit 6: Letter from the Department of Commerce approving the application Eslinger went over the staff report with the Board. The application meets the requirements outlined in the ordinance. Jeff Nelson, County Tower Consultant, has reviewed the application and all of his comments have been address and Nelson supports the request. Eslinger stated that all of the surrounding land uses are primarily agriculture. The site does fall within a 3-mile restrictive area near the New Richmond airport, and needs FAA approval. The FAA has reviewed and approved the application and we will be receiving a letter from the FAA and the New Richmond Airport. Rick Adams, being duly sworn, is representing American Tower. He went to 3 meetings in the Town of Stanton and thoroughly reviewed the request and answered questions. There 6 were no strong objections from the neighbors. Adams explained that this area is in need of service. They have gathered data on this area and it will provide adequate coverage. Steve Krumm, being duly sworn, states that he is the owner of the property. He has talked to all of his neighbors and there were no objections. He stated that this is a 25-year contract for him, and will keep him from selling his land and it will be able to remain in agriculture zoning. Mike Reeve, being duly sworn, is also with American Tower. He was at the airport commission meeting and they will be sending a letter of recommendation to Zoning this week. The Board will visit the site. The Board recessed to conduct site visits at 11:00 a.m. Decisions The Board reconvened at 1:55 p.m. to render Decisions. George and Dorothy Bodlovick/Robert Bodlovick and Mary McComb A motion was made by Golz, second by Peterson to approve the variance request from a Class D highway centerline setback requirement based on the following findings: 1. There is a hardship in this case due to the layout of the land. Without a variance, there would be no use of the property, as the lot is not wide enough to meet the setback from the Apple River and the Class D highway setback. The new structure is an improvement and will meet the 75-foot setback from the river. 2. The new structure will be further back from the road than the existing structure so will be more compliant with the ordinance requirements. The current structure is 66-feet from the centerline of 93rd Street, and the new structure will be located 100- feet from the centerline of 93rd Street. 3. There were no objections from the Department of Natural Resources. 4. The Town of Star Prairie 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 structure, including decks and roof overhangs shall not be located closer than 100 feet to the centerline of the road. All other setbacks must be met. 2. Applicant shall obtain a reconnection septic permit from the Zoning Office and a local building permit from the town. 3. This variance is valid for a period of one year from the date of issuance; failure to obtain the necessary approvals within this timeframe shall result in revocation of the variance. 4. Failure to comply with the above conditions shall result in revocation of the variance. The following vote was taken to approve: Wert; yes; Peterson, yes; King, yes; Golz, yes; Chairperson Speer, yes. Motion carried. 7 A motion was made by Peterson, second by King to approve special exception request for filling and grading in a Shoreland District, based on the following findings: 1. The Land and Water Conservation Department approves of the application with conditions. 2. The Department of Natural Resources has no objections to the project. 3. The Town of Star Prairie has approved the application. 4. The spirit and intent of the ordinance will be met. With the following conditions: 1. Applicant shall contact the Zoning Office at the beginning of the project, after erosion control is in place, and at the end of the project. Zoning will monitor project to ensure the project is completed according to plan. 2. The applicant shall follow the plans submitted with proposal. 3. Any vegetative removal shall conform with the standards in the Shoreland Ordinance. 4. The property owner and contractor are personally responsible for installation and on-going maintenance of all erosion control practices/devices. Straw/hay bales with steel spikes are to be installed with the silt fences as added vertical support for the silt fence. 5. All structures, including roof-overhangs, decks, etc., must meet the minimum setback requirements as outlined in the St. Croix County Zoning Ordinance; 75 feet from the OHWM of the Apple River. 6. Vehicle traffic should be limited to tracked vehicles only in the seventy-five foot (75) setback area from the ordinary high water mark. 7. Avoid filling and grading within the seventy-five foot (75) setback area from the ordinary high water mark on the bluff face. 8. Re-vegetate and stabilize all disturbed areas as soon as possible. All other disturbed areas where permanent seeding will not be possible by this date must be re-vegetated with an annual seed, such as winter wheat. Permanent re- vegetation must be completed as soon as weather conditions allow in the spring of 2000. 9. Any minor change (or addition) in expansion of the project, including building, shall require review and approval by the zoning administrator. 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 date of issuance of the special exception to reconstruct the proposed residence. Failure to reconstruct the residence in this time frame shall result in the expiration of this special exception. If the special exception expires, the applicant will be required to secure a new special exception through a separate special exception application. The following vote was taken to approve: Golz, yes; Wert, yes; King, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Steve Krumm/American Tower Corp. Motion by Golz, second by King to approve the special exception request for a telecommunications tower in the Agriculture District based on the following findings: 1. There was no objection from the Town of Stanton. 2. There was no outside objection to the request. 3. Jeff Nelson, telecommunications consultant, has reviewed the application and recommends approval. 8 4. The application meets all St. Croix County ordinance requirements for telecommunication towers. 5. The spirit and intent of the ordinance will be met. With the following conditions: 1. A 300-foot tower to be constructed according to the plans submitted. Applicant to follow all written stipulations noted in their application. 2. The Zoning Office is to be notified at the start and the finish of the project. 3. Project to meet all requirements of the Wireless Communications Facilities Ordinance. 4. All FAA and FCC approvals/ permits are to be obtained. Construction may not commence until the Zoning Office receives a letter of approval from the City of New Richmond Airport Commission and the FAA. 5. Applicant to agree to allow collocation of competitors on tower at market rate. 6. The color of the tower is to be according to the Zoning Ordinance. 7. The applicant must secure a township building permit prior to starting construction. 8. Any change (or addition) in use, or expansion of the project shall require review and approval by the Zoning Director and in some circumstances, through the Special Exception approval process, where applicable, as stated in the ordinance. 9. 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; Wert, yes; Chairperson Speer, yes. Motion carried. Cormican Non-Metallic Operation Motion by Peterson, second by Golz to approve request for the Board to rescind the language in condition #4 of the August 26, 1999 special exception permit, and condition #2 of the special exception permit granted on October 22, 1998 and to replace these conditions with the following language: Trucks hauling material and leaving the Cormican site will take a route that goes no further south than 2301"Avenue and then will turn either east or west on 230th Avenue. (In St. Croix County, the applicant would be able to travel south on County Road "P"). This approval was based on the following findings: 1. There was supporting documentation from Town of Forest, St. Croix County, and the Towns of Tiffany and New Haven in Dunn County, recommending approval of this request. 2. After reviewing evidence proposed at the hearing, the Board believes that it is no longer necessary for trucks hauling material to take this route. There are no residences on 230th Avenue to the west, and only 2 residences to the east that are adequately setback off of the road. There were no objections by the owners of these two residences. 3. The Board finds that the trucks will not be imposing a burden on any surrounding landowners with this modified condition. 9 4. The Cormicans have trimmed back the corner at intersection stop sign n to allow for better sight/vision clearance. The following vote was taken to approve: Wert, yes; King, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Jeff Bock Motion by Golz, second by Peterson to approve request for a special exception for a contractors storage yard based on the following findings: 1. The conditions placed on the applicant will limit the extent of the business to its existing size. 2. By following conditions, outside storage will be appropriately screened from neighboring properties. 3. The neighbors concerns were addressed; the Board finds that the application meets the requirements of granting a special exception under Section 17.70(7). 4. The spirit and intent of the ordinance will be met. With the following conditions: 1. The approval is for a "contractor's storage yard"for a business known as "3 Rivers Landscape". 2. All equipment related to this request shall either be stored within the confines of a structure or stored in an outside area not to exceed 40 by 80-feet (3200 sq. ft.) Applicant is limited to landscaping equipment list submitted with his application. Applicant may only replace/ upgrade equipment with similar equipment. 3. Applicant is to provide a screening plan to the Zoning Office by January 1, 2000. All screening to be in place by June 1, 2000. Screening must consist of an opaque structure such as a wooden fence and/or mature pine trees. 4. The approval does not include storage of hazardous materials onsite. (This does not apply to chemicals that the applicant may use for personal use). 5. The applicant shall limit the travel—related to business—on Page Road from 7:30 a.m. to %2 hour after sundown, Monday through Saturday. The applicant should avoid excess trips to and from the property during these hours. 6. No person other than the resident of the principal dwelling may be engaged in the 3 Rivers Landscape Business. 7. All designated outside storage areas shall be so placed or screened (as noted in Condition #3) and not to be visible from Page Lane or any residential building other than that of the owner of such yard. 8. The applicant shall have the Zoning Director review this special exception permit in two years from the approval date for compliance with this approval (December 2001). 9. This approval does not give the authorization to place a signage on the parcel. All signage must be approved by the zoning department and must strictly adhere to the St. Croix County Signage Ordinance. 10. This Special Exception shall be temporary in nature and shall not be transferable from person to person or from address to address. 11. 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. 12. Any minor change (or addition) in expansion of the project, including the business, signage, lighting, hours of operation, shall require review and approval 10 by the zoning director. Any major change and/or addition to the originally approved plan will go through the special exception approval process, where applicable, as stated in the ordinance. The following vote was taken to approve: King, yes; Wert, yes; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. St. Croix County Highway Department Motion by Speer, second by Peterson to approve the special exception request for a non-metallic mining permit based on the following findings: 1. The Town of Star Prairie and the Town of Cylon have asked that the county approve this application, as sand and gravel resources are needed for this area. 2. The Department of Natural Resources supports this application. 3. The Land and Water Conservation Department recommends approval of the application. 4. The reclamation of the property will tie in well with the DNR prairie restoration project. 5. The county is cooperating with surrounding landowners. Testimony from the public has been positive. 6. The Highway Department has submitted a long-range plan for the future phases. 7. The spirit and intent of the ordinance will be met. With the following conditions: 1. Gravel mining project is to proceed according to plans presented. Mining is only authorized to occur in the SW '/4 NW '/4. Any expansion beyond this legal boundary shall require a new special exception permit. 2. Operator/applicant shall comply with all of the general requirements and conditions listed in the non-metallic mining and reclamation ordinance (Ordinance #226(89) unless varied per these conditions). 3. Applicant is responsible for on-site dust abatement when working in the pit, during the duration of the permit. 4. Hours of operation shall not exceed 6:00 a.m. to 6:00 p.m., Monday through Friday. The highway department may request occasional weekend operation. The zoning department must authorize any specific weekend work. 5. Operator to comply with any conditions established by Town of Stanton regarding use of any town roads and maintenance. 6. Applicant to receive final recommendation from the Town of Stanton. 7. Permit includes temporary placement of equipment necessary to conduct the mining operation. 8. Site reclamation will proceed on an ongoing basis as pit is operated. The DNR will be working with the county to use this site as an extension of an existing "Prairie Restoration Project" that exists in close proximity to this location. 9. Any change (or addition) in use, or expansion of the non-metallic mining project shall require review and approval by the Zoning Director and, in some circumstances, through the Special Exception approval process, where applicable, as stated in the ordinance. 10. Maximum acreage open at any one time shall not exceed 20 acres. Site must be reclaimed on an ongoing basis so that this ordinance requirement is no breached. 11. Special Exception permit is valid for the SW '/ NW '/4 only. Any expansion from this area shall require a new Special Exception permit. 12. The county will not require bonding requirements on itself. 11 13. A five-year renewal plan is not required as the phases of operation have been outlined in the proposed plan. Any mining outside the SW 1/4, NW'/4 will require a new special exception permit. The following vote was taken to approve: Peterson, yes; Golz, yes; King, yes; Wert, yes; Chairperson Speer, yes. Motion carried. A motion was made by Speer, second by Golz to approve variance request to waive the 100 feet property mining setback between property lines based on the following findings: 1. The property line is located between the Olson and Casey properties. This variance will allow mining through this "common" property line. 2. This variance provides for improved reclamation for"both" properties. 3. There is no objection from surrounding landowners. 4. The spirit and intent of the ordinance will be met. With the following condition: 1. Applicant is granted a variance to waive the 100-foot property line setback requirement and allow mining in-between the common property lines of Casey and Olson. This variance includes the north and east property lines of the SW 1/4, NW '/4, Section 11, T31 N, R1 7W (see map). NOTE: All mining must be contained within the SW %, NW 114. The following vote was taken to approve: King, yes; Wert, yes; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. A motion was made by Peterson second by Speer to adjourn. All in favor. Meeting adjourned at 3:35 p.m. -Respectfully submitted: �✓ _zIU442 a4 0 Wert, Secretary' j Debbie Zimme nn, Recording Secretary 12