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HomeMy WebLinkAboutBoard of Adjustment 11-18-1999 �I AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Thomas Dorsey, Chairman St. Croix County Board FROM: Julie Speer, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, November 18, 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: OLD BUSINESS: Stephen Van Slyke: Special Exception request for Filling and Grading in a Shoreland District on Bass Lake pursuant to Section 17.29(2)(c ). 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: November 11,1999 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, November 18, 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 100 foot road right of way setback requirement to allow new home to remain in its present constructed location pursuant to Section 17.64(1)(d). APELLANT: Stan Lineman/James Krueger LOCATION: Located in the NE %of the SW '/of Section 3, T28N-R19W, Town of Troy. 2. ARTICLE: Special Exception request for a major home occupation to allow and embroidery business in an existing building in the Ag/Residential District pursuant to Section 17.155. APPELLANT: Pierre'Allan/Peter Courtney LOCATION: Located in the NW'/of the NW%of Section 1, T30N-R16W, Town of Emerald 3. ARTICLE: Special Exception request to mount a wireless antenna on an existing NSP lattice tower in the St. Croix Riverway District located on Glenmont Road pursuant to Section 17.85(4)(a). APPELLANT: U.S. West/Dale Casper LOCATION: Located in part of Government Lot 3 and all of Government Lot 2 in Section 26, T28N-R20W, Town of Troy 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 �r BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES ° November 18, 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, Brian Wert and Rich Peterson were present. 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 Peterson, second by King to adopt the agenda. Motion carried. Motion by King, second by Golz to approve the October minutes with a small change on page 6. Motion carried. The Board set the next meeting date as December 16, 1999. The starting time will be 8:30 a.m. The meeting will be held in the Community Room on the lower lever of the Government Center, as the board room is being used by another committee that day. The January meeting will be held on January 27th in the boardroom. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available today if needed. OLD BUSINESS Rod Eslinger presented the Stephen Van Slyke application as old business. Van Slyke received a variance from the Board last month and is now seeking a special exception for filling and grading on Bass Lake. Eslinger went over the staff report with the Board and informed them that the applicant also has a copy of this report. The Land and Water Conservation Department, the DNR and the Bass Lake Rehab District have reviewed the application and have no objections to this project. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Site plan provided by Humphrey Engineering, including erosion control schedule. Exhibit 3: Letter from the Department of Natural Resources stating no objection to application. Exhibit 4: Letter from the Bass Lake Rehab District stating no objection to application. Exhibit 5: Plat map Exhibit 6: Letter from the Land and Water Conservation Department supporting the application. It was noted that there was no one present representing the Van Slykes. After some discussion, it was decided that the Board would vote on this application. Mr. Van Slyke was sent a copy of the conditions on the staff report, and there were no objections reported to the Zoning Office. A motion was made by Peterson, second by King to approve the application based on the following findings: 1. The Board found that all appropriate agencies had responded to the application and had no objections to the project. 2. The Town of St. Joseph has recommended approval of the application. 3. The spirit and intent of the ordinance is met with this approval and conditions. 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 engineers plans submitted with this proposal. 3. The applicant shall contract with a certified soil tester to locate another area for a sanitary soil absorption system. Applicant shall contract with a licensed plumber to apply for and obtain a sanitary permit from the St. Croix County Zoning Office. 4. Applicant shall apply for and obtain a building permit from the Town of St. Joseph. 5. The property owner and contractor are personally responsible for installation and on- going maintenance of all erosion control practices/devices. 6. Supply the Zoning Office with the name of company and contact person who is responsible for the erosion control measures and notify zoning staff once erosion control is installed. 7. All structures, including roof-overhangs, decks, retaining walls, etc, must meet the County in minimum setback requirements as outlined in the St. Croix Cou Zoning q Y 9 Ordinance; 75 feet from the OHWM of the lake. 8. Vehicle traffic should be limited to tracked vehicles only in the seventy-five foot (75) setback area from the ordinary high water mark. 9. 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. 10. Any minor change (or addition) in expansion of the project, including building, shall require review and approval by the zoning administrator and project engineer. 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. 11. The applicant shall have one (1) year from the date of issuance of the special exception to complete construction. Failure to complete construction 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. 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: 2 PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, November 18, 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 100 foot road right of way setback requirement to allow new home to remain in its present constructed location pursuant to Section 17.64(1)(d). APELLANT: Stan Lineman/James Krueger LOCATION: Located in the NE '/4 of the SW '/4 of Section 3, T28N-R19W, Town of Troy. 2. ARTICLE: Special Exception request for a major home occupation to allow and embroidery business in an existing building in the Ag/Residential District pursuant to Section 17.155. APPELLANT: Pierre'Allan/ Peter Courtney LOCATION: Located in the NW '/of the NW '/4 of Section 1, T30N-R16W, Town of Emerald 3. ARTICLE: Special Exception request to mount a wireless antenna on an existing NSP lattice tower in the St. Croix Riverway District located on Glenmont Road pursuant to Section 17.85(4)(a). APPELLANT: U.S. West/Dale Casper LOCATION: Located in part of Government Lot 3 and all of Government Lot 2 in Section 26, T28N-R20W, Town of Troy 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 Stan Lineman/James Krueger Fisher explained that this request is for a variance to allow a new structure to remain in its constructed location. After the home was built, it was discovered that the structure did not meet the road right-of-way setback from a Class D Road. The applicant is requesting a 6- foot variance. Fisher went over the site plan showing the location of the home. The Town of Troy recommends approval of the application. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application for variance Exhibit 3: As-built survey Exhibit 4: Zoning map Exhibit 5: Letter from the Town of Troy James Krueger, being duly sworn, stated that he is the builder of the home. He explained that he had gone to the Town of Troy and asked about setbacks. No one ever 3 --------- ___-_. - _ ------ ___ ------ - came out and measured off the setbacks, and he believed he was in compliance with everything. Dean Albert, Chairman for the Town of Troy, explained that when he went out to look at the property, he believed that the structure met the setbacks. He did not measure it, but paced it off and felt it was in compliance. He further explained that the structure meets all other setbacks. Wert had questions about the $1,000 fine that the Town of Troy was suggesting that Mr. Krueger pay for this error. He believes that it is excessive for this case, as the builder believed he was in compliance based on what the Town told him, and the error was not intentional. Albert agreed that this was not intentional and stated that they were just being consistent with other cases similar to this one. The Board will visit the site. Peter Courtney/ Pierre'Allen Eslinger read the public hearing notice and then reviewed the staff report with the Board. The applicant is asking for approval for a major home occupation to conduct an embroidery business from an accessory structure on the property. The majority of the marketing will be done off-site. There will be daily pickups made, but will not increase traffic as there is an existing agricultural business already located at this location. The Town of Emerald has recommended approval of this application. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application for special exception Exhibit 3: Map showing location of site Exhibit 4: narrative outlining request Exhibit 5: Site plan Exhibit 6; Town of Emerald approval Pierre' Allan, being duly sworn, is the applicant. She reiterated what Eslinger presented and stated that she has not problem with the proposed conditions listed in the staff report. She further stated that they have adequate parking at this facility. The Board will visit the site. U.S.West Wireless/ Dale Casper Eslinger read the public hearing notice into the record, and then went over the staff report with the Board. This request is for a telecommunications tower in the Riverway district. There is an existing NSP lattice tower in the Riverway, and the request is to locate antennas on this tower. The related equipment for this project will be located at the base of the tower. The antennas will be 72 feet above grade. This request complies with the tower ordinance for St. Croix County. No landscaping is required, as it may interfere with the electrical tower. Jeff Nelson, telecommunications expert, recommends approval of the application. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application for special exception Exhibit 3: Narrative outlining the project request Exhibit 4: Map showing coverage area 4 Exhibit 5: Legal Description of Easement Property Exhibit 6: Plat map showing location of property Exhibit 7: Letter from the Town of Troy recommending approval Exhibit 8: Lease agreement Exhibit 9: Letter from Jeff Nelson, telecommunications tower consultant A question was asked as to how many antennas area allowed on a tower such as this. Eslinger stated that they need to look at each addition specifically to see how it would interfere with existing antennas. Fisher added that Jeff Nelson's evaluation was to see if there were any towers outside of the Riverway that would be adequate, and it was verified that there were not. Dave Casper, being duly sworn, stated that the staff gave accurate information to the Board and reiterated that this is the only tower in the area for them to locate on in the Riverway. He said that they have a good working relationship with NSP and have used their towers before. Dean Albert, being previously sworn, stated that the Town is in favor of this application and has no objection. Marty McCabe, being duly sworn, had some questions for the applicant on safety issues. Brian Joas, being duly sworn, is the engineer for the project. He answered that this is very closely regulated by government and the wattage on this type of project is extremely low. The proposed project will not create any safety or health issues. The Board will visit the site. The Board recessed at 9:35 a.m. to conduct site visits. Decisions The Board reconvened at 12:05 p.m. to render Decisions. Stan Lineman/James Krueger A motion was made by Wert, second by Peterson to approve the variance request to the road right-of-way of a Class D road on the following findings: 1. This was an unintentional mistake. The Town Building Inspector did not measure accurately at the inspection and was noticed later by a certified surveyor. 2. Although the Board does not condone non-conforming structures, this mistake was made by the Town and the builder believed he was in compliance. 3. The variance is for 6-feet, which the Board believes is very minimal. 4. The Board believes the $1,000 fine by the Town of Troy is excessive as the mistake was made by the Town, and the builder. 5. The Town of Troy recommends approval of the application. 6. The request is not contrary to the public interest as expressed by the objectives of the ordinance. With the following conditions: 1. The Board of Adjustments has granted a 6-foot variance to allow an existing home/garage to remain in its constructed location (4-feet from the road right-of-way of Gilbert Road). All other setbacks must be met. 2. All new structures must meet minimum setback requirements. 5 3. Any change to the above conditions shall require a new application and a new public hearing. 4. Failure to comply with the above conditions shall result in revocation of the variance. The following vote was taken to approve: Golz, no; Wert; yes; Peterson, yes; King, yes; Chairperson Speer, yes. Motion carried. Peter Courtney/ Pierre' Allan Motion by Golz, second by Wert to approve the special exception request for a major home occupation based on the following findings: 1. The Town of Emerald recommended approval of the application. 2. There was no outside objection to the request. 3. The county is considering changes to the ordinance to promote this type of Direct Farm Marketing operation. 4. The site is clean and well maintained and meets all requirements for a Major Home Occupation. 5. The spirit and intent of the ordinance will be met. With the following conditions: 1. This approval is for a "major home occupation" to open an embroidery business in an accessory building, the total area dedicated to the business is 336 square feet. The total floor area dedicated to the home occupation, including any area used in the dwelling, shall be limited to a maximum of one thousand (1,000) square feet. 2. Hours of operation to be limited to the hours of 8 a.m. to 9 p.m., Monday through Sunday. 3. All business related products to be stored inside the building. Outside storage of business related materials is prohibited. 4. All hazardous material and recyclable material are to be disposed of/ recycled with approved waste/recyclable handlers. 5. No more than two (2) persons other than a resident of the principal dwelling may be employed or engaged in the business. 6. One(1) sign is allowed with total signage area not to exceed 6 square feet. This sign must be located a minimum of 10 feet from all property lines. Any other signage must be approved by the zoning department and must strictly adhere to the St. Croix County Signage Ordinance. 7. Applicant to maintain a minimum of 1 parking space for each 300 square feet of business use, plus one parking space for each family for which accommodations are provided on the premises. (Note: For this request, 2 spaces are required for the business). 8. Applicant to maintain proper state licensing to operate the embroidery business. 9. The applicant shall secure all necessary town approvals. 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 changes (or addition) in expansion of the project, including the business, signage, lighting, hours of operation, shall require review and approval 6 by the zoning director. Any major change and/or addition to the originally approved plan will go through the special exception approval process, where applicable, as stated in the ordinance. The following vote was taken to approve: Peterson, yes; King, yes; Golz, yes; Wert, yes; Chairperson Speer, yes. Motion carried. U.S.West Wireless/ Dale Casper Motion by Wert, second by King to approve request for special exception to locate PCS antennas on an existing NSP lattice tower in the Riverway District based on the following findings: 1. Applicant to locate antennas on an existing NSP lattice tower in the Riverway District. Co-location is encouraged with the ordinance. 2. There were no objections to this application. 3. The Town of Troy approves of this application. 4. Jeff Nelson, St. Croix County consultant, reviewed the application and found the request in compliance with the ordinance. 5. The spirit and intent of the ordinance will be met. With the following conditions: 1. 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. 6. The applicant must secure a township building permit prior to starting construction. 7. 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. 8. 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 staring or completing construction on the project. The following vote was taken to approve: Peterson, yes; Golz, yes; King, yes; Wert, yes; Chairperson Speer, yes. Motion carried. the following conditions: A motion was made by Peterson second by King to adjourn. All in favor. Meeting adjourned at 12:15 p.m. Respectfully submitted: Brian Wert, Secretary Debbie Zimmermann, Recording Secretary 7 - BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES November 18, 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, Brian Wert and Rich Peterson were present. 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 Peterson, second by King to adopt the agenda. Motion carried. Motion by King, second by Golz to approve the October minutes with a small change on page 6. Motion carried. The Board set the next meeting date as December 16, 1999. The starting time will be 8:30 a.m. The meeting will be held in the Community Room on the lower lever of the Government Center, as the board room is being used by another committee that day. The January meeting will be held on January 27th in the boardroom. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available today if needed. OLD BUSINESS Rod Eslinger presented the Stephen Van Slyke application as old business. Van Slyke received a variance from the Board last month and is now seeking a special exception for filling and grading on Bass Lake. Eslinger went over the staff report with the Board and informed them that the applicant also has a copy of this report. The Land and Water Conservation Department, the DNR and the Bass Lake Rehab District have reviewed the application and have no objections to this project. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Site plan provided by Humphrey Engineering, including erosion control schedule. Exhibit 3: Letter from the Department of Natural Resources stating no objection to application. Exhibit 4: Letter from the Bass Lake Rehab District stating no objection to application. Exhibit 5: Plat map Exhibit 6: Letter from the Land and Water Conservation Department supporting the application. It was noted that there was no one present representing the Van Slykes. After some discussion, it was decided that the Board would vote on this application. Mr. Van Slyke was sent a copy of the conditions on the staff report, and there were no objections reported to the Zoning Office. A motion was made by Peterson, second by King to approve the application based on the following findings: 1 1. The Board found that all appropriate agencies had responded to the application and had no objections to the project. 2. The Town of St. Joseph has recommended approval of the application. 3. The spirit and intent of the ordinance is met with this approval and conditions. 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 engineers plans submitted with this proposal. 3. The applicant shall contract with a certified soil tester to locate another area for a sanitary soil absorption system. Applicant shall contract with a licensed plumber to apply for and obtain a sanitary permit from the St. Croix County Zoning Office. 4. Applicant shall apply for and obtain a building permit from the Town of St. Joseph. 5. The property owner and contractor are personally responsible for installation and on- going maintenance of all erosion control practices/devices. 6. Supply the Zoning Office with the name of company and contact person who is responsible for the erosion control measures and notify zoning staff once erosion control is installed. 7. All structures, including roof-overhangs, decks, retaining walls, etc, must meet the minimum setback requirements as outlined in the St. Croix County Zoning Ordinance; 75 feet from the OHWM of the lake. 8. Vehicle traffic should be limited to tracked vehicles only in the seventy-five foot (75) setback area from the ordinary high water mark. 9. 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. 10.Any minor change (or addition) in expansion of the project, including building, shall require review and approval by the zoning administrator and project engineer. 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. 11. The applicant shall have one (1)year from the date of issuance of the special exception to complete construction. Failure to complete construction 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. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting Yis conducted. Chairperson Speer stated that the public hearing notice was published correctly and was read into the record as follows: 2 PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, November 18, 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 100 foot road right of way setback requirement to allow new home to remain in its present constructed location pursuant to Section 17.64(1)(d). APELLANT: Stan Lineman/James Krueger LOCATION: Located in the NE % of the SW % of Section 3, T28N-R19W, Town of Troy. 2. ARTICLE: Special Exception request for a major home occupation to allow and embroidery business in an existing building in the Ag/Residential District pursuant to Section 17.155. APPELLANT: Pierre'Allan/Peter Courtney LOCATION: Located in the NW %of the NW %of Section 1, T30N-R16W, Town of Emerald 3. ARTICLE: Special Exception request to mount a wireless antenna on an existing NSP lattice tower in the St. Croix Riverway District located on Glenmont Road pursuant to Section 17.85(4)(a). APPELLANT: U.S. West/Dale Casper LOCATION: Located in part of Government Lot 3 and all of Government Lot 2 in Section 26, T28N-R20W, Town of Troy 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 Stan Lineman/James Krueger Fisher explained that this request is for a variance to allow a new structure to remain in its constructed location. After the home was built, it was discovered that the structure did not meet the road right-of-way setback from a Class D Road. The applicant is requesting a 6- foot variance. Fisher went over the site plan showing the location of the home. The Town of Troy recommends approval of the application. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application for variance Exhibit 3: As-built survey Exhibit 4: Zoning map Exhibit 5: Letter from the Town of Troy James Krueger, being duly sworn, stated that he is the builder of the home. He explained that he had gone to the Town of Troy and asked about setbacks. No one ever 3 came out and measured off the setbacks, and he believed he was in compliance with everything. Dean Albert, Chairman for the Town of Troy, explained that when he went out to look at !, the property, he believed that the structure met the setbacks. He did not measure it, but paced it off and felt it was in compliance. He further explained that the structure meets all other setbacks. Wert had questions about the $1,000 fine that the Town of Troy was suggesting that Mr. Krueger pay for this error. He believes that it is excessive for this case, as the builder believed he was in compliance based on what the Town told him, and the error was not intentional. Albert agreed that this was not intentional and stated that they were just being consistent with other cases similar to this one. The Board will visit the site. Peter Courtney/Pierre'Allen Eslinger read the public hearing notice and then reviewed the staff report with the Board. The applicant is asking for approval for a major home occupation to conduct an embroidery business from an accessory structure on the property. The majority of the marketing will be done off-site. There will be daily pickups made, but will not increase traffic as there is an existing agricultural business already located at this location. The Town of Emerald has recommended approval of this application. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application for special exception Exhibit 3: Map showing location of site Exhibit 4: narrative outlining request Exhibit 5: Site plan Exhibit 6; Town of Emerald approval Pierre' Allan, being duly sworn, is the applicant. She reiterated what Eslinger presented and stated that she has not problem with the proposed conditions listed in the staff report. She further stated that they have adequate parking at this facility. The Board will visit the site. U.S.West Wireless/ Dale Casper Eslinger read the public hearing notice into the record, and then went over the staff report with the Board. This request is for a telecommunications tower in the Riverway district. There is an existing NSP lattice tower in the Riverway, and the request is to locate antennas on this tower. The related equipment for this project will be located at the base of the tower. The antennas will be 72 feet above grade. This request complies with the tower ordinance for St. Croix County. No landscaping is required, as it may interfere with the electrical tower. Jeff Nelson, telecommunications expert, recommends approval of the application. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application for special exception Exhibit 3: Narrative outlining the project request Exhibit 4: Map showing coverage area 4 Exhibit 5: Legal Description of Easement Property Exhibit 6: Plat map showing location of property Exhibit 7: Letter from the Town of Troy recommending approval Exhibit 8: Lease agreement Exhibit 9: Letter from Jeff Nelson, telecommunications tower consultant A question was asked as to how many antennas area allowed on a tower such as this. Eslinger stated that they need to look at each addition specifically to see how it would interfere with existing antennas. Fisher added that Jeff Nelson's evaluation was to see if there were any towers outside of the Riverway that would be adequate, and it was verified that there were not. Dave Casper, being duly sworn, stated that the staff gave accurate information to the Board and reiterated that this is the only tower in the area for them to locate on in the Riverway. He said that they have a good working relationship with NSP and have used their towers before. Dean Albert, being previously sworn, stated that the Town is in favor of this application and has no objection. Marty McCabe, being duly sworn, had some questions for the applicant on safety issues. Brian Joas, being duly sworn, is the engineer for the project. He answered that this is very closely regulated by government and the wattage on this type of project is extremely low. The proposed project will not create any safety or health issues. The Board will visit the site. The Board recessed at 9:35 a.m. to conduct site visits. Decisions The Board reconvened at 12:05 p.m. to render Decisions. Stan Lineman/James Krueger A motion was made by Wert, second by Peterson to approve the variance request to the road right-of-way of a Class D road on the following findings: 1. This was an unintentional mistake. The Town Building Inspector did not measure accurately at the inspection and was noticed later by a certified surveyor. 2. Although the Board does not condone non-conforming structures, this mistake was made by the Town and the builder believed he was in compliance. 3. The variance is for 6-feet, which the Board believes is very minimal. 4. The Board believes the $1,000 fine by the Town of Troy is excessive as the mistake was made by the Town, and the builder. 5. The Town of Troy recommends approval of the application. 6. The request is not contrary to the public interest as expressed by the objectives of the ordinance. With the following conditions: 1. The Board of Adjustments has granted a 6-foot variance to allow an existing home/garage to remain in its constructed location (4-feet from the road right-of-way of Gilbert Road). All other setbacks must be met. 2. All new structures must meet minimum setback requirements. 5 3. Any change to the above conditions shall require a new application and a new public hearing. 4. Failure to comply with the above conditions shall result in revocation of the variance. The following vote was taken to approve: Golz, no; Wert; yes; Peterson, yes; King, yes; Chairperson Speer, yes. Motion carried. Peter Courtney/ Pierre'Allan Motion by Golz, second by Wert to approve the special exception request for a major home occupation based on the following findings: 1. The Town of Emerald recommended approval of the application. 2. There was no outside objection to the request. 3. The county is considering changes to the ordinance to promote this type of Direct Farm Marketing operation. 4. The site is clean and well maintained and meets all requirements for a Major Home Occupation. 5. The spirit and intent of the ordinance will be met. With the following conditions: 1. This approval is for a "major home occupation" to open an embroidery business in an accessory building, the total area dedicated to the business is 336 square feet. The total floor area dedicated to the home occupation, including any area used in the dwelling, shall be limited to a maximum of one thousand (1,000) square feet. 2. Hours of operation to be limited to the hours of 8 a.m. to 9 p.m., Monday through Sunday. 3. All business related products to be stored inside the building. Outside storage of business related materials is prohibited. 4. All hazardous material and recyclable material are to be disposed of/ recycled with approved waste/recyclable handlers. 5. No more than two (2) persons other than a resident of the principal dwelling may be employed or engaged in the business. 6. One(1) sign is allowed with total signage area not to exceed 6 square feet. This sign must be located a minimum of 10 feet from all property lines. Any other signage must be approved by the zoning department and must strictly adhere to the St. Croix County Signage Ordinance. 7. Applicant to maintain a minimum of 1 parking space for each 300 square feet of business use, plus one parking space for each family for which accommodations are provided on the premises. (Note: For this request, 2 spaces are required for the business). 8. Applicant to maintain proper state licensing to operate the embroidery business. 9. The applicant shall secure all necessary town approvals. 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 changes (or addition) in expansion of the project, including the business, signage, lighting, hours of operation, shall require review and approval 6 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 approver Peterson, yes; King, yes; Golz, yes; Wert, yes; Chairperson Speer, yes. Motion carried. i. U.S. West Wireless/ Dale Casper Motion by Wert, second by King to approve request for special exception to locate PCS j antennas on an existing NSP lattice tower in the Riverway District based on the following findings: 1. Applicant to locate antennas on an existing NSP lattice tower in the Riverway District. Co-location is encouraged with the ordinance. 2. There were no objections to this application. 3. The Town of Troy approves of this application. 4. Jeff Nelson, St. Croix County consultant, reviewed the application and found the request in compliance with the ordinance. 5. The spirit and intent of the ordinance will be met. With the following conditions: 1. 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. 6. The applicant must secure a township building permit prior to starting construction. 7. 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. 8. 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 staring or completing construction on the project. The following vote was taken to approve: Peterson, yes; Golz, yes; King, yes; Wert, yes; Chairperson Speer, yes. Motion carried. the following conditions: A motion was made by Peterson•second by King to adjourn. All in favor. Meeting adjourned at 12:15 p.m. Respectfully submitted: i Debbie Zimmer a n, Recording Secretary L.-r' 7