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HomeMy WebLinkAboutBoard of Adjustment 10-28-1999 j, 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, October 28, 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: *Postponed until further notice * - Special Exception request for a Telecommunications, Tower in an Agriculture District pursuant to Section 17.85(2) for Steve Krumm/ Rick Adams for American Tower Corp. 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: October 19,1999 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *CANCELLATIONS/CHANGES/ADDITIONS 1 AMENDED PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, October 28, 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: Special Exception request for a Telecommunications Tower in a Commercial District pursuant to Ordinance 440(97), Section 17.85(1). Request is to construct a new tower. APPELLANT: Bernard Leverty/ American Portable Telecom LOCATION: The NW'/4 of the NW'/4 of Section 18, T30N-R19W, Town of Somerset 2. ARTICLE: 1) Variance request to build a home within 50 feet of the right-of-way of a Class E Road pursuant to Section 17.64(e)(2). 2) Special Exception request for filling and grading in a Shoreland District on Bass Lake pursuant to Section 17.29(2)( c). APELLANT: Stephen K. VanSlyke LOCATION: Located in Government Lot 8 in the SE '/of the SW'/4 of Section 23, T30N-R19W, Town of St. Joseph. 3. ARTICLE: Special Exception request to expand a commercial use to construct a commercial _ storage building on an existing commercial site. APPELLANT: Joseph Lange LOCATION: Located in the NE '/4 of the NW'14, Section 4, T30N-R19W, Town of Somerset. 4. ARTICLE: Special Exception for Filling and Grading in the Shoreland District of Bass Lake pursuant to Section 17.29(2) APPELLANT: Richard Allyn/Joseph Michaels, Agent LOCATION: Part of Government Lot 3 in Section 26, T30N-OR19W, Town of St. Joseph. All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Director, Hudson, Wisconsin at (715) 386-4680. Julie Speer, Chairperson St. Croix County Board of Adjustment BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES 44P October 28, 1999 4*4C> � (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 Golz to adopt the agenda. Motion carried. Motion by Golz, second by Peterson to approve the September minutes. Motion carried. The Board set the next meeting date as November 18, 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. There was a discussion held about the December meeting date. The Board decided to have the December meeting held on December 16, 1999 at 8:30 a.m. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available today if needed. OLD BUSINESS Staff informed the Board that the request for the special exception for American Tower needs to be postponed to a later date. Fisher will let the Board know when this will be back on the agenda. 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 by Steve Fisher as follows: AMENDED PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, October 28, 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: Special Exception request for a Telecommunications Tower in a Commercial District pursuant to Ordinance 440(97), Section 17.85(1). Request is to construct a new tower. APPELLANT: Bernard Leverty/ American Portable Telecom LOCATION: The NW % of the NW % of Section 18, T30N-R19W, Town of Somerset 2. ARTICLE: 1) Variance request to build a home within 50 feet of the right-of- way of a Class E Road pursuant to Section 17.64(e)(2). 2) Special Exception request for filling and grading in a Shoreland District on Bass Lake pursuant to Section 17.29(2)(c). APELLANT: Stephen K.VanSl ke P Y LOCATION: Located in Government Lot 8 in the SE '/4 of the SW '/4 of Section 23, T30N-R19W,Town of St. Joseph. 3. ARTICLE: Special Exception request to expand a commercial use to construct a commercial storage building on an existing commercial site. APPELLANT: Joseph Lange LOCATION: Located in the NE %of the NW%, Section 4, T30N-R19W, Town of Somerset. 4. ARTICLE: Special Exception for Filling and Grading in the Shoreland District of Bass Lake pursuant to Section 17.29(2) APPELLANT: Richard Allyn/Joseph Michaels, Agent LOCATION: Part of Government Lot 3 in Section 26, T30N-OR19W, Town of St. Joseph. 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 Bernard Leverty/American Portable Telecom This request is for a special exception permit to construct a telecommunications tower in a Commercial District. Eslinger handed out copies of the site plan to the Board and then proceeded to go over the staff report. The applicant is asking to construct a monopole telecommunication tower in an area in Houlton where there has not been coverage. The total height of the tower, with antennas, will be 130 feet. Pursuant to Section 17.86(2)(a) of the zoning ordinance, the setback from the property line may be reduced to one-half the height of the tower if an engineered plan is submitted showing that the tower will collapse upon itself if it falls. A report for this purpose has been submitted. The setback in this case would be 65 feet. The applicant has complied with screening and all insurance requirements for the tower. They have obtained approval from all appropriate agencies, including the Department of Transportation. Eslinger stated that Jeff Nelson, telecommunications tower consultant for St. Croix County, has not submitted his recommendation on this application. Eslinger suggested that the Board list Nelson's recommendation as a condition if approval is given for this request. Eslinger went on to explain that Zoning has not received a report from DILHR on this application. He would also suggest that this be listed as a condition if approval is given. The Town of Somerset has recommended approval. All areas surrounding the proposed site are zoned commercial. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Letter from the Town of Somerset recommending approval of application Exhibit 3: Special exception application and narrative Exhibit 4: Map of site location Exhibit 5: Map showing setbacks Exhibit 6: Photographs of site 2 Exhibit 7: Letter from the project engineer describing the design criteria of the monopole tower. Exhibit 8: Letter from Ray Drake, Department of Transportation Chris Traiser, being duly swom, is with Aerial Communications and is here on behalf of the applicant. He stated that Eslinger had explained the request very well and would answer any questions the Board had for him. The Board will visit the site. Stephen VanSlyke Fisher explained that the variance request for this applicant is all that will be heard today. The applicant has asked permission to postpone the special exception request until the Board makes a Decision on the variance. Fisher went on to state that the applicant is requesting to build a home on a property that consists of three non-conforming lots. He will be combining these lots into one lot and would like to build a home on that parcel. The applicant meets the 75 foot setback requirement from Bass Lake, but does not meet the 50 foot setback from the road. The variance request is for 46 feet from the legal road right-of-way. Fisher explained to the Board that this is somewhat unusual, because this is a private road, and the road does not actually run where it is legally described. The road was never placed in the correct location, so the legally described road right-of-way is closer to the applicant's property than the road that is actually in place and being used. The proposed home would be 14 feet from the actual road right-of-way, and 4 feet from the legal road right-of-way. The Town of St. Joseph has recommended approval of the application. The Department of Natural Resources has verbally stated that they are in agreement on this variance, but a permit for filling and grading will be needed for construction of the home. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Plat map showing location of property Exhibit 3: Letter from the Town of St. Joseph recommending approval of application Exhibit 4: Application for variance with attachments Exhibit 5: Sketch of property showing legal road right-of-way in relation to the actual road that is being used. Sam Cari, being duly swom, is the attorney representing Mr. Van Slyke. He does not believe that the road issue is too significant, but does recognize the concern. He further stated that he believes that the road will continue to remain where it is today. This is a private road, and agrees that this situation is unique. Van Slykes are asking to combine the lots into one, even though they have been taxed as three building sites for as long as they have owned them. This property has been in the family since 1948, and the Van Slykes have owned it since 1978. At the time the lots were platted, they were buildable lots. Cad went on to explain that in order to construct a home, they will need a setback either from the road or from the lake. Without the variance, there will be no reasonable use of the property. The Van Slykes chose to have the house moved back on the property and meet the setback from Bass Lake and ask for a variance from the road. 3 i Stephen Van Slyke, being duly swom, is the owner of the property. He has looked into buying more property to make this lot larger, but that is not an option. Ryan Paulson, being duly swom, is the prospective buyer of the property. If he purchases this property, he would be putting up a home on it. There was some discussion held on the size of the proposed home. Paulson stated that the plan is that it may be a rambler with a walk out basement, or possibly a two-story. They would like to keep the footprint of the building approximately what was presented in the plans to the Board, but will cooperate with zoning on the size of the home to fit the lot. The Board will visit the site. Joseph Lange This application is for a special exception permit to construct an commercial storage facility in a commercial area. This would be the third storage unit on the property. Eslinger stated that the filling for the pad area and the concrete pad have already been installed. Eslinger visited the site and reported that there is some erosion taking place at this time. The applicant is working with the Land and Water Conservation Department to come up with an engineering plan to help with this erosion problem. The property is located outside of the Village of Somerset with the access being off of 180"'Avenue. The Town of Somerset recommends approval of the application. Eslinger went over the proposed conditions with the Board. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Application for special exception Exhibit 3: Narrative of application Exhibit 4: Letter from the Town of Somerset recommending approval of application Exhibit 5: Legal description of the property Exhibit 6: State Building Plan approval Exhibit 7: Copy of site plan Exhibit 8: Photographs of site Exhibit 9: Map showing site Exhibit 10: Copy of zoning map showing commercial district Joseph Lange, being duly swom, is the applicant. He explained that he was not aware that there was a wetland in the area, but will do whatever is needed to take care of the problem. Eslinger explained that according to Land and Water Conservation, it will take a few months to engineer a Storm Water Management Plan. Eslinger told the Board that he had no problem with Lange submitting an erosion control plan right away and then working on a Storm Water Management Plan with the Land and Water Conservation Department. Lange added that he has hired Belisles to.put in a berm to help control the erosion. The Board will visit the site. Richard Allyn Eslinger explained that this application is for filling and grading in the Shoreland District of Bass Lake. The applicant has a cabin that is 66 feet from the ordinary high water mark. He would like to move the cabin back on the property to meet the 75 foot setback requirement, install a basement under the cabin, and add on a 6' by 32' addition. This will make the structure safer and will be in conformity with the ordinance. He is currently in the, process of getting together a stormwater plan and erosion control plan and working with 4 Pete Kling of the Land and Water Conservation Department. Kling has no objection to this application. The Department of Natural Resources had some initial concerns, but those concerns have been taken care of. The Bass Lake Rehabilitation District has recommended approval of the application. The proposed structure meets all required setbacks. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Copy of special exception application and plat maps Exhibit 3: Narrative of the project and a site map Exhibit 4: Bass Lake Rehabilitation District letter recommending approval Exhibit 5: Letter from the Town of St. Joseph recommending approval Exhibit 6: Photographs of site Exhibit 7: Letter from Department of Natural Resources Exhibit 8: Letter from the St. Croix County Land and Water Conservation Department Richard Allyn, being duly swom, reiterated his plans for the home, as were stated by Eslinger. They have been at this property for about 21 years. The Board will visit the site. The Board recessed at 9:45 a.m. to conduct site visits. Decisions The Board reconvened at 11:20 to render Decisions. Bernard Levertv/American Portable Telecom A motion was made by King, second by Peterson to approve the special exception request for a telecommunications tower based on the following findings: 1. All properties adjacent to site are zoned commercial. 2. There are no objections to this project. 3. The Town of Somerset has approved this application 4. The spirit and intent of the ordinance will be met. The application meets all of the provisions of the St. Croix County Zoning Ordinance. With the following conditions: 1. A 128-foot tower to be constructed according to the plans submitted. Applicant to follow all written stipulations noted in their application. Tower shall not exceed 130-feet, including the height of the antennas. 2. The Zoning Office is to be notified at the start and the finish of the project. 3. The applicant shall submit proof of Department of Commerce approval for this tower. 4. Project to meet all requirements of the Wireless Communications Facilities Ordinance. 5. All FAA and FCC approvals/permits are to be obtained. 6. Applicants to agree to allow collocation of competitors on tower at market rate. 7. The color of the tower is to be according to the Zoning Ordinance. 8. The applicant must secure a township building permit prior to starting construction. 9. No building permit is to be issued until the Zoning Office receives a recommendation from their telecommunications tower consultant, Jeff Nelson. If it 5 i is determined there is another suitable tower in the area to co-locate on, this application will need to be brought back before the Board. 10. The applicant shall secure a report from DILHR before obtaining a building permit from the Town of Somerset. 11. Any change (or addition) in use, or expansion of the project shall require review and approval by the Zoning Administrator and in some circumstances through the Special Exception approval process,where applicable, as stated in the ordinance. 12. 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: Golz, yes; Wert; yes; Peterson, yes; King, yes; Chairperson Speer, yes. Motion carried. Stephen VanSlyke Motion by Golz, second by King to approve the variance request to the 50 foot setback requirement from a private road based on the following findings: 1. The Board believes that an unnecessary hardship is present and that a literal enforcement of the terms of the ordinance would deny the petitioner reasonable use of the property. A variance is required to make improvements of the small, narrow lots. 2. The hardship is due to physical limitations of the property, rather than the circumstances of the petitioner,without a variance the lot is unbuildable. 3. The applicant is combining three non-conforming lots into one lot as required by the ordinance. 4. A variance is required in this circumstance to improve the lot. 5. The Town of St. Joseph has recommended approval of the application. 6. The Department of Natural Resources has no objection to the application. 7. The spirit and intent of the ordinance shall be observed and substantial justice done. 8. This is the minimum variance needed to alleviate the demonstrated hardship. With the following conditions: 1.- All structures, including decks, roof overhangs, etc. shall not be located closer than 10 feet from the legally described road right of way(or 29 feet from the centerline of the existing traveled roadway). All other setbacks must be met. 2. Applicant shall obtain building permits from the Town Board, and a septic permit from the County Zoning Office. 3. This variance is valid for a period of one year from the date of issuance; failure to obtain a building and septic permit and commence construction within this timeframe shall result in revocation of the variance. 4. Applicant to secure a Special Exception Permit approval from the Board of Adjustment for grading and filling over 2000 square feet of land area on slopes 12% or less within the Shoreland Zoning District. 5. Any change to the above conditions shall require a new application and a new public hearing 6. Failure to comply with the above conditions shall result in revocation of the variance. 7. This approval is for construction of a home and small 12' x 12' shed only. 6 The following vote was taken to approve: Wert, yes; Peterson, yes; King, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Request number two for a special exception for filling and grading in a Shoreland District will be postponed until the November meeting. Joseph A. Lange Motion by Peterson, second by Golz to approve request for special exception for a commercial storage facility in the Commercial District based on the following findings: 1. There is an established commercial use on the property. 2. The Town of Somerset has recommended approval of the application. 3. There was no outside objection to the request. 4. The state building plans have been approved. 5. The spirit and intent of the ordinance will be met. With the following conditions: 1. Applicant to stabilize the slope and install suitable erosion control measures immediately. This is to be verified before starting construction on the building. An erosion control plan for review by the Land and Water Conservation Department must be submitted. 2. Applicant shall provide an acceptable engineered storm water plan to the Zoning Office by January 1, 2000. The Land and Water Conservation Department is to approve the plan. The plan shall be installed as designed and approved. Occupancy of the building to be prohibited until storm water plan/design is constructed. 3. Comply with the conditions of approval from the May 28, 1998 Board of Adjustment Hearing: Hard surfacing (asphalt)to be done around existing buildings and new building. • No hazardous materials to be stored inside the facilities • Security lighting to be installed (to be shielded away from neighboring properties) • No retailing allowed on site 4. The applicant must secure a township building permit prior to starting construction. 5. Any change (or addition) in use, or expansion of the project shall require review and approval by the zoning administrator and in some circumstances through the Special Exception approval process, where applicable, as stated in the ordinance. 6. 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: King, yes; Wert, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Richard Allyn/Joe Michaels (agent) Motion by Wert, second by Speer to approve special exception request for filling and grading in a Shoreland District on Bass Lake based on the following findings: 7 1. The existing cabin is being moved back on the property to meet the required 75- foot setback from the Ordinary High Water Mark, bringing the structure into conformity with the ordinance. 2. Engineering plans have been submitted and approved by the Land and Water Conservation Department and the Department of Natural Resources, which will protect the lake. 3. The Bass Lake Rehabilitation District has approved this request. 4. The Town of St. Joseph has approved the application. 5. 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 engineered plans submitted with proposal. 3. The property owner and contractor are personally responsible for installation and on-going maintenance of all erosion control practices/devices. 4. 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. 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 Ordinary High Water Mark of the lake. 6. Applicant shall apply for and obtain a building permit from the Town of St. Joseph. 7. Vehicle traffic should be limited to tracked vehicles only in the seventy-five foot (75) setback area from the Ordinary High Water Mark. 8. Avoid filling and grading within the seventy-five foot (75) setback area from the Ordinary High Water Mark on the bluff face. 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 change (or addition) in use, or expansion of the project shall require review and approval by the zoning administrator and in some circumstances through the Special Exception approval process,where applicable, as stated in the ordinance. 11. 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: Golz, yes; King, yes; Peterson, yes; Wert, yes; Chairperson Speer, yes. Motion carried. A motion was made by Wert, second by Peterson to adjourn. All in favor. Meeting adjourned at 11:45 a.m. Respectfully submitted: Brian Wert, Secretary Debbie Zimmermann, Recording Secretary 8 BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES October 28, 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 Golz to adopt the agenda. Motion carried. Motion by Golz, second by Peterson to approve the September minutes. Motion carried. The Board set the next meeting date as November 18, 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. There was a discussion held about the December meeting date. The Board decided to have the December meeting held on December 16, 1999 at 8:30 a.m. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available today if needed. OLD BUSINESS Staff informed the Board that the request for the special exception for American Tower needs to be postponed to a later date. Fisher will let the Board know when this will be back on the agenda. 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 by Steve Fisher as follows: AMENDED PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, October 28, 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: Special Exception request for a Telecommunications Tower in a Commercial District pursuant to Ordinance 440(97), Section 17.85(1). Request is to construct a new tower. APPELLANT: Bernard Leverty/ American Portable Telecom LOCATION: The NW '/4 of the NW '/4 of Section 18, T30N-R19W, Town of Somerset 2. ARTICLE: 1) Variance request to build a home within 50 feet of the right-of- way of a Class E Road pursuant to Section 17.64(e)(2). 2) Special Exception request for filling and grading in a Shoreland District on Bass Lake pursuant to Section 17.29(2)( c). APELLANT: Stephen K.VanSlyke LOCATION: Located in Government Lot 8 in the SE '/4 of the SW '/4 of Section 23, T30N-R19W, Town of St. Joseph. 3. ARTICLE: Special Exception request to expand a commercial use to construct a commercial storage building on an existing commercial site. APPELLANT: Joseph Lange LOCATION: Located in the NE '/4 of the NW'/4, Section 4, T30N-R19W, Town of Somerset. 4. ARTICLE: Special Exception for Filling and Grading in the Shoreland District of Bass Lake pursuant to Section 17.29(2) APPELLANT: Richard Allyn/Joseph Michaels, Agent LOCATION: Part of Government Lot 3 in Section 26, T30N-OR19W, Town of St. Joseph. 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 Bernard Levert y/American Portable Telecom This request is for a special exception permit to construct a telecommunications tower in a Commercial District. Eslinger handed out copies of the site plan to the Board and then proceeded to go over the staff report. The applicant is asking to construct a monopole telecommunication tower in an area in Houlton where there has not been coverage. The total height of the tower, with antennas, will be 130 feet. Pursuant to Section 17.86(2)(a) of the zoning ordinance, the setback from the property line may be reduced to one-half the height of the tower if an engineered plan is submitted showing that the tower will collapse upon itself if it falls. A report for this purpose has been submitted. The setback in this case would be 65 feet. The applicant has complied with screening and all insurance requirements for the tower. They have obtained approval from all appropriate agencies, including the Department of Transportation. Eslinger stated that Jeff Nelson, telecommunications tower consultant for St. Croix County, has not submitted his recommendation on this application. Eslinger suggested that the Board list Nelson's recommendation as a condition if approval is given for this request. Eslinger went on to explain that Zoning has not received a report from DILHR on this application. He would also suggest that this be listed as a condition if approval is given. The Town of Somerset has recommended approval. All areas surrounding the proposed site are zoned commercial. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Letter from the Town of Somerset recommending approval of application Exhibit 3: Special exception application and narrative Exhibit 4: Map of site location Exhibit 5: Map showing setbacks Exhibit 6: Photographs of site 2 Exhibit 7: Letter from the project engineer describing the design criteria of the monopole tower. Exhibit 8: Letter from Ray Drake, Department of Transportation Chris Traiser, being duly sworn, is with Aerial Communications and is here on behalf of the applicant. He stated that Eslinger had explained the request very well and would answer any questions the Board had for him. The Board will visit the site. Stephen VanSlyke Fisher explained that the variance request for this applicant is all that will be heard today. The applicant has asked permission to postpone the special exception request until the Board makes a Decision on the variance. Fisher went on to state that the applicant is requesting to build a home on a property that consists of three non-conforming lots. He will be combining these lots into one lot and would like to build a home on that parcel. The applicant meets the 75 foot setback requirement from Bass Lake, but does not meet the 50 foot setback from the road. The variance request is for 46 feet from the legal road right-of-way. Fisher explained to the Board that this is somewhat unusual, because this is a private road, and the road does not actually run where it is legally described. The road was never placed in the correct location, so the legally described road right-of-way is closer to the applicant's property than the road that is actually in place and being used. The proposed home would be 14 feet from the actual road right-of-way, and 4 feet from the legal road right-of-way. The Town of St. Joseph has recommended approval of the application. The Department of Natural Resources has verbally stated that they are in agreement on this variance, but a permit for filling and grading will be needed for construction of the home. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Plat map showing location of property Exhibit 3: Letter from the Town of St. Joseph recommending approval of application Exhibit 4: Application for variance with attachments Exhibit 5: Sketch of property showing legal road right-of-way in relation to the actual road that is being used. Sam Cari, being duly sworn, is the attorney representing Mr. Van Slyke. He does not believe that the road issue is too significant, but does recognize the concern. He further stated that he believes that the road will continue to remain where it is today. This is a private road, and agrees that this situation is unique. Van Slykes are asking to combine the lots into one, even though they have been taxed as three building sites for as long as they have owned them. This property has been in the family since 1948, and the Van Slykes have owned it since 1978. At the time the lots were platted, they were buildable lots. Cari went on to explain that in order to construct a home, they will need a setback either from the road or from the lake. Without the variance, there will be no reasonable use of the property. The Van Slykes chose to have the house moved back on the property and meet the setback from Bass Lake and ask for a variance from the road. 3 Stephen Van Slyke, being duly sworn, is the owner of the property. He has looked into buying more property to make this lot larger, but that is not an option. Ryan Paulson, being duly sworn, is the prospective buyer of the property. If he purchases this property, he would be putting up a home on it. There was some discussion held on the size of the proposed home. Paulson stated that the plan is that it may be a rambler with a walk out basement, or possibly a two-story. They would like to keep the footprint of the building approximately what was presented in the plans to the Board, but will cooperate with zoning on the size of the home to fit the lot. The Board will visit the site. Joseph Lange This application is for a special exception permit to construct an commercial storage facility in a commercial area. This would be the third storage unit on the property. Eslinger stated that the filling for the pad area and the concrete pad have already been installed. Eslinger visited the site and reported that there is some erosion taking place at this time. The applicant is working with the Land and Water Conservation Department to come up with an engineering plan to help with this erosion problem. The property is located outside of the Village of Somerset with the access being off of 180th Avenue. The Town of Somerset recommends approval of the application. Eslinger went over the proposed conditions with the Board. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Application for special exception Exhibit 3: Narrative of application Exhibit 4: Letter from the Town of Somerset recommending approval of application Exhibit 5: Legal description of the property Exhibit 6: State Building Plan approval Exhibit 7: Copy of site plan Exhibit 8: Photographs of site Exhibit 9: Map showing site Exhibit 10: Copy of zoning map showing commercial district Joseph Lange, being duly sworn, is the applicant. He explained that he was not aware that there was a wetland in the area, but will do whatever is needed to take care of the problem. Eslinger explained that according to Land and Water Conservation, it will take a few months to engineer a Storm Water Management Plan. Eslinger told the Board that he had no problem with Lange submitting an erosion control plan right away and then working on a Storm Water Management Plan with the Land and Water Conservation Department. Lange added that he has hired Belisles to.put in a berm to help control the erosion. The Board will visit the site. Richard Allyn Eslinger explained that this application is for filling and grading in the Shoreland District of Bass Lake. The applicant has a cabin that is 66 feet from the ordinary high water mark. He would like to move the cabin back on the property to meet the 75 foot setback requirement, install a basement under the cabin, and add on a 6' by 32' addition. This will make the structure safer and will be in conformity with the ordinance. He is currently in the process of getting together a stormwater plan and erosion control plan and working with 4 Pete Kling of the Land and Water Conservation Department. Kling has no objection to this application. The Department of Natural Resources had some initial concerns, but those concerns have been taken care of. The Bass Lake Rehabilitation District has recommended approval of the application. The proposed structure meets all required setbacks. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Copy of special exception application and plat maps Exhibit 3: Narrative of the project and a site map Exhibit 4: Bass Lake Rehabilitation District letter recommending approval Exhibit 5: Letter from the Town of St. Joseph recommending approval Exhibit 6: Photographs of site Exhibit 7: Letter from Department of Natural Resources Exhibit 8: Letter from the St. Croix County Land and Water Conservation Department Richard Allyn, being duly sworn, reiterated his plans for the home, as were stated by Eslinger. They have been at this property for about 21 years. The Board will visit the site. The Board recessed at 9:45 a.m. to conduct site visits. Decisions The Board reconvened at 11:20 to render Decisions. Bernard Leverty/American Portable Telecom A motion was made by King, second by Peterson to approve the special exception request for a telecommunications tower based on the following findings: 1. All properties adjacent to site are zoned commercial. 2. There are no objections to this project. 3. The Town of Somerset has approved this application 4. The spirit and intent of the ordinance will be met. The application meets all of the provisions of the St. Croix County Zoning Ordinance. With the following conditions: 1. A 128-foot tower to be constructed according to the plans submitted. Applicant to follow all written stipulations noted in their application. Tower shall not exceed 130-feet, including the height of the antennas. 2. The Zoning Office is to be notified at the start and the finish of the project. 3. The applicant shall submit proof of Department of Commerce approval for this tower. 4. Project to meet all requirements of the Wireless Communications Facilities Ordinance. 5. All FAA and FCC approvals/permits are to be obtained. 6. Applicants to agree to allow collocation of competitors on tower at market rate. 7. The color of the tower is to be according to the Zoning Ordinance. 8. The applicant must secure a township building permit prior to starting construction. 9. No building permit is to be issued until the Zoning Office receives a recommendation from their telecommunications tower consultant, Jeff Nelson. If it 5 ------ - ",-------- - is determined there is another suitable tower in the area to co-locate on, this application will need to be brought back before the Board. 10. The applicant shall secure a state approved plan from DILHR before obtaining a building permit from the Town of Somerset. 11. Any change (or addition) in use, or expansion of the project shall require review and approval by the Zoning Administrator and in some circumstances through the Special Exception approval process, where applicable, as stated in the ordinance. 12. 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: Golz, yes; Wert; yes; Peterson, yes; King, yes; Chairperson Speer, yes. Motion carried. Stephen VanSlyke Motion by Golz, second by King to approve the variance request to the 50 foot setback requirement from a private road based on the following findings: 1. The Board believes that an unnecessary hardship is present and that a literal enforcement of the terms of the ordinance would deny the petitioner reasonable use of the property. A variance is required to make improvements of the small, narrow lots. 2. The hardship is due to physical limitations of the property, rather than the circumstances of the petitioner, without a variance the lot is unbuildable. 3. The applicant is combining three non-conforming lots into one lot as required by the ordinance. 4. A variance is required in this circumstance to improve the lot. 5. The Town of St. Joseph has recommended approval of the application. 6. The Department of Natural Resources has no objection to the application. 7. The spirit and intent of the ordinance shall be observed and substantial justice done. 8. This is the minimum variance needed to alleviate the demonstrated hardship. With the following conditions: 1. All structures, including decks, roof overhangs, etc. shall not be located closer than 10 feet from the legally described road right of way (or 29 feet from the centerline of the existing traveled roadway). All other setbacks must be met. 2. Applicant shall obtain building permits from the Town Board, and a septic permit from the County Zoning Office. 3. This variance is valid for a period of one year from the date of issuance; failure to obtain a building and septic permit and commence construction within this timeframe shall result in revocation of the variance. 4. Applicant to secure a Special Exception Permit approval from the Board of Adjustment for grading and filling over 2000 square feet of land area on slopes 12% or less within the Shoreland Zoning District. 5. Any change to the above conditions shall require a new application and a new public hearing 6. Failure to comply with the above conditions shall result in revocation of the variance. 7. This approval is for construction of a home and small 12' x 12' shed only. 6 The followingvote was taken to approve: Wert es Peterson pp , y , yes, King, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Request number two for a special exception for filling and grading in a Shoreland District will be postponed until the November meeting. Joseph A. Lange Motion by Peterson, second by Golz to approve request for special exception for a commercial storage facility in the Commercial District based on the following findings: 1. There is an established commercial use on the property. 2. The Town of Somerset has recommended approval of the application. 3. There was no outside objection to the request. 4. The state building plans have been approved. 5. The spirit and intent of the ordinance will be met. With the following conditions: 1. Applicant to stabilize the slope and install suitable erosion control measures immediately. This is to be verified before starting construction on the building. An erosion control plan for review by the Land and Water Conservation Department must be submitted. 2. Applicant shall provide an acceptable engineered storm water plan to the Zoning Office by January 1, 2000. The Land and Water Conservation Department is to approve the plan. The plan shall be installed as designed and approved. Occupancy of the building to be prohibited until storm water plan/design is constructed. 3. Comply with the conditions of approval from the May 28, 1998 Board of Adjustment Hearing: • Hard surfacing (asphalt) to be done around existing buildings and new building. • No hazardous materials to be stored inside the facilities • Security lighting to be installed (to be shielded away from neighboring properties) • No retailing allowed on site 4. The applicant must secure a township building permit prior to starting construction. 5. Any change (or addition) in use, or expansion of the project shall require review and approval by the zoning administrator and in some circumstances through the Special Exception approval process, where applicable, as stated in the ordinance. 6. 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: King, yes; Wert, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Richard Allyn/Joe Michaels (agent) Motion by Wert, second by Speer to approve special exception request for filling and grading in a Shoreland District on Bass Lake based on the following findings: 7 1. The existing cabin is being moved back on the property to meet the required 75- foot setback from the Ordinary High Water Mark, bringing the structure into conformity with the ordinance. 2. Engineering plans have been submitted and approved by the Land and Water Conservation Department and the Department of Natural Resources, which will protect the lake. 3. The Bass Lake Rehabilitation District has approved this request. 4. The Town of St. Joseph has approved the application. 5. 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 engineered plans submitted with proposal. 3. The property owner and contractor are personally responsible for installation and on-going maintenance of all erosion control practices/devices. 4. 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. 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 Ordinary High Water Mark of the lake. 6. Applicant shall apply for and obtain a building permit from the Town of St. Joseph. 7. Vehicle traffic should be limited to tracked vehicles only in the seventy-five foot (75) setback area from the Ordinary High Water Mark. 8. Avoid filling and grading within the seventy-five foot (75) setback area from the Ordinary High Water Mark on the bluff face. 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 change (or addition) in use, or expansion of the project shall require review and approval by the zoning administrator and in some circumstances through the Special Exception approval process, where applicable, as stated in the ordinance. 11. 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: Golz, yes; King, yes; Peterson, yes; Wert, yes; Chairperson Speer, yes. Motion carried. A motion was made by Wert, second by Peterson to adjourn. All in favor. Meeting adjourned at 11:45 a.m. Resectfully submitted: Brian Wert, Secreta v ry Debbie Zim erm nn, Recording Secretary 8