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HomeMy WebLinkAboutBoard of Adjustment 08-26-1999 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, August 26, 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: Amendment to Stanley Pond Decision dated 07/02/99 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: August 19,1999 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *CANCELLATIONS/CHANGES/ADDITIONS f PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, August 26, 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 expand and existing business in the commercial district pursuant to Section 17.18. Request is for a showroom and office space for Rivard Stone, Inc. APPELLANT: Michael L. Rivard LOCATION: Location: The SW'/4 of the SW '/of Section 7, T30N-R19W, Town of Somerset. 2. ARTICLE: Special Exception request for a Temporary Occupancy permit to live in a temporary mobile home while building a permanent residence pursuant to Section 17.70(3)(c)3. APPELLANT: Dale and Lauren Croone LOCATION: Location: The NE %of the NE %, Section 8, T30N-R19W,Town of Somerset. 3. ARTICLE: Special Exception request for a Telecommunications Tower in a commercial district pursuant to Section 17.85(1). Request is to replace an existing tower. APPELLANT: Lilly A. Martell/ Ken Franzen for American Tower Corp. LOCATION: Location: The NE %of the NW '/of Section 4, T30N-R19W, Town of Somerset. 4. ARTICLE: Special Exception request for filling and grading in a Shoreland District pursuant to Section 17.29(2)( c) (3). Request is to construct a stormwater pond in the Prairie Creek subdivision APELLANT: Ken and Pat Nygaard/Auth Colson and Associates LOCATION: Location: The NW%of the NE %of Section 25, T29N-R17W, Town of Hammond 5. ARTICLE: Special Exception request Non-Metalling Mining and Reclamation pursuant to Section 226(89). APPELLANT: Gerald Cormican LOCATION: Location: The NW 1//4 of the SW %of Section1, T31N-R15W, Town of Forest 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 I MAPT BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES August 26, 1999 (This meeting was not 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, Rich Peterson and Brian Wert 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 Secretary. Motion by King, second by Peterson to adopt the agenda. Motion carried. Motion by King, second by Golz to approve the July minutes. Motion carried. The Board set the next meeting date as September 23, 1999. The starting time will be 8:30 a.m. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available today if needed. OLD BUSINESS Fisher informed the Board that they need to look at a revision on the decision made in the Stanley Pond/Carpenter Nature Center file. Condition number 2 should be changed so that it relates to the lot being created and not necessarily being developed in a one year time frame. As it reads right now, the lot would need to be developed in one year, and Fisher believes that is not a reasonable condition. Fisher proposed that condition 2 tread as follows: 2. The applicant shall have one (1)year from the issuance of the Special Exception permit to create the proposed lot. Failure to create the-proposed lot in this timeframe shall result in the expiration of this Special Exception permit. (This is consistent with Section 17.36(7)(b)5. of the Zoning Ordinance). Any future development of the lot must be in compliance with the ordinance in affect at the time the permit is requested. Motion by Golz, second by King to approve changes to condition 2. 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 by Steve Fisher as follows: PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, August 26, 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 F 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 expand and existing business in the commercial district pursuant to Section 17.18. Request is for a showroom and office space for Rivard Stone, Inc. APPELLANT: Michael L. Rivard LOCATION: Location: The SW '/4 of the SW '/of Section 7, T30N-R19W, Town of Somerset. 2. ARTICLE: Special Exception request for a Temporary Occupancy permit to live in a temporary mobile home while building a permanent residence pursuant to Section 17.70(3)(c)3. APPELLANT: Dale and Lauren Croone LOCATION: Location: The NE '/4 of the NE 1/4, Section 8, T30N-R19W,Town of Somerset. 3. ARTICLE: Special Exception request for a Telecommunications Tower in a commercial district pursuant to Section 17.85(1). Request is to replace an existing tower. APPELLANT: Lilly A. Martell/Ken Franzen for American Tower Corp. LOCATION: Location: The NE '/ of the NW '/4 of Section 4, T30N-R19W, Town of Somerset. 4. ARTICLE: Special Exception request for filling and grading in a Shoreland District pursuant to Section 17.29(2)( c) (3). Request is to construct a stormwater pond in the Prairie Creek subdivision APELLANT: Ken and Pat Nygaard/Auth Colson and Associates LOCATION: Location: The NW%of the NE '/4 of Section 25, T29N-R17W, Town of Hammond 5. ARTICLE: Special Exception request Non-Metallic Mining and Reclamation pursuant to Section 226(89). APPELLANT: Gerald Cormican LOCATION: Location: The NW 1//4 of the SW'/of Section 1, T31 N-R15W, Town of Forest 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 Michael Rivard Staff explained that this application is to expand a commercial business known as Rivard Stone Incorporated, on an existing commercial site. Staff went over the staff report with the Board. The town of Somerset has recommended approval of the application. The following exhibits were introduced: 2 Exhibit 1: Staff report Exhibit 2: Application and attachments Exhibit 3: State approval letter listing conditions. Exhibit 4: Copy of State approved plans Exhibit 5: Letter from the Town of Somerset stating approval of application Exhibit 6: Copy of 12/15/97 decision allowing an extension for special exception request dated 12/2/96. Exhibit 7: Copy of original decision for special exception permit dated 12/6/96. Michael Rivard, owner of the business, stated that he plans to expand the commercial business. The septic system is adequate for this expansion and the zoning office is in agreement with that statement. The building meets all setback requirements. Rivard stated that if this extension is granted, they would like to start building by September 16th. All of the areas around his business are commercial. The Board had a question about paving around the building. Rivard stated that the front of the building will be paved. Fisher stated that in his previous permit in 1996, one of the conditions was to have the driveway paved. Rivard answered that the new highway will be coming through there and part of the driveway will have to be torn out. He would like to wait until it is determined how much of the driveway will be left before he does the paving. The Board will view the site and then make a decision on this issue. Dale and Lauren Croone Eslinger explained that his request is for a special exception for a temporary occupancy permit in the Town of Somerset. He further explained that the staff is looking into changing the ordinance so that this type of permit may be allowed as a land use permit and would be issued administratively through the Zoning Department. Eslinger stated that staff has conducted an on-site visit and the mobile home is located on the property. The sanitary permit has been secured and will be connected. The permit is for a four bedroom structure. The applicant will need to obtain a reconnect permit for the sanitary system after the home is constructed . The Town of Somerset has approved the application. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2 Special exception application and attachments Exhibit 3: Copy of site plan Exhibit 4: Copy of sanitary permit Exhibit 5: Letter from the Town of Somerset approving the application Lauren Croone, being duly sworn, states that she is the owner of the property. She has reviewed the staff report and has not problem with any of the suggested conditions. The house is being built and they plan to live in a temporary mobile home until completed. They have someone that will be moving the mobile home off of the property after the new home is constructed. Croone stated that the septic system will be installed soon, and the well is in the process of being put in. The Board will visit the site. 3 Lily Martell/American Tower Corp. Eslinger explained to the Board that this application is for a telecommunications tower in the Town of Somerset. The tower will be replacing an existing tower on a commercial site. The existing tower is 180 feet, and the proposed tower would be 199 feet. The proposed tower would be located about 20 feet from the existing tower. The agent has agreed that the existing tower would be torn down within 30 days of the new tower being constructed. Eslinger went over the staff report with the Board. He stated that we have a letter from Jeff Nelson, telecommunications tower expert, stating that he supports the location for the proposed tower. The natural steel color is recommended. Landscaping will be done according to the requirements of the ordinance. There is a place for parking if needed. The present access will be used off of Highway 35/64, and the nearest residence is located more than 500 feet from the tower site. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Special exception application and attachments Exhibit 3: Copy of site plan showing setbacks Exhibit 4: Letter from the Town of Somerset stating approval of the application Exhibit 5: Letter to Zoning Director from American Tower Corp. outlining proposed tower. Exhibit 6: Letter from Terra Resources, Ltd. Explaining the difference between a monopole antenna tower and a guyed tower. Exhibit 7: Letter from American Tower Corp. stating that the existing tower will be taken down within 30 days of the completion of the proposed tower. Exhibit 8: Letter from Jeff Nelson stating approval of the proposed tower Rick Adams, being duly sworn, stated that he is representing American Tower Corporation. Adams explained to the Board that they did site tests in the area and this proved to be a good location for a new tower. He showed the Board a map of the tests that were done. There is an existing tower, but it is not tall enough to accommodate the needs of the users, and the new tower would allow for carriers, which the old tower does not have that capability. They are asking for 30 days to get the existing tower down, as the weather needs to be good to do this. Exhibit 9: Map of the area that simulation/site tests were done. Adams stated that the proposed tower meets DILHR requirements. It does not need to be reviewed by the state, as it is under 200 feet in height. The company will be leasing land from the property owner. American Tower Corp. has a master lease agreement with APT (Aerial). The Board will visit the site. Ken and Pat Nygaard This is an after-the-fact special exception application for filling and grading in a Shoreland District. The applicant is requesting a permit to discharge stormwater from an urban subdivision located within the Village of Baldwin to a dry run in the Rush River. 4 The subdivision is located within the village, but the pipe will be discharging into the dry run, which is located in the Town of Hammond. Eslinger stated that Matt Hieb is the engineer on the project and he discovered the problem during construction. He contacted Land and Water Conservation, Zoning and the DNR. Hieb has been working with the appropriate agencies to remedy this problem. The DNR has issued a rip rap permit for the project. The Town of Hammond has recommended approval of the application. Eslinger went over the staff report with the Board. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Special exception application and attachments Exhibit 3: Letter from the Town of Hammond stating approval of the project Exhibit 4: Diagram showing the subdivision and the stormwater retention area and out-fall pipe to the Rush River. Exhibit 5: Letter from the DNR with copy of rip rap permit Doug Zahler, being duly sworn, states that he is the agent representing this application. Zahler stated that he believes that the staff report presented by the Zoning Office explains this application very well. He reiterated that the subdivision is in the village, but the pipe to the Rush River is under county jurisdiction. The Board will visit the site. The Board recessed at 9:35 a.m. The Board reconvened at 9:45 a.m. Gerald Cormican Eslinger gave an update on this application and went over the staff report with the Board. This property is located in the Town of Forest. Forest is not under county zoning, but the county non-metallic mining ordinance is county wide, so it applies to this project. Eslinger went on to explain that a special exception was issued to Cormican last year for a sand and gravel operation. Cormican is back asking for a special exception to mine clay on this same property, but outside of the area that the previous permit was for. The clay mine will be located on 11.5 acres. When the property is reclaimed, the site will be used as a processing area for the sand and gravel operation and for storage area for the business on the property. If the clay mine is approved, a Notice of Intent will need to be filed with the DNR. The Town of Forest has recommended approval for this special exception application. The Land and Water Conservation Department has reviewed this application and any concerns they have were given to Mike Tiry, engineer for the project. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Special exception application with attachments 5 Exhibit 3: Letter from Land and Water Conservation Department stating concerns Exhibit 4: Letter from Tiry Engineering addressing concerns stated by Land and Water Conservation. According to David Sanders of the Land and Water Conservation Department, all concerns have been addressed. Exhibit 5: Letter from the Town of Forest recommending approval of the application. Mike Tiry and Gerald Cormican, being duly sworn, state that Tiry is the engineer for this project and Cormican is the owner of the property. Tiry told the Board that he has reviewed the staff report and would like to address two conditions that he does not agree with. First, he believes that the truck traffic should be allowed to use the road to the south which is 230th Avenue. There are no residents on that road and it is a better road to use. The road to the north, 310th, has five residents on it, as well as a deaf person. He would like the Board to look at this. Second, he believes the hours of operation should be from 6:00 a.m. to 6:00 p.m., Monday through Saturday. Due to the fact that this is a seasonal business, the contractors need more time during the day to get in and out of the area. Most of them want to start early in the day and limiting them to 8:00 a.m. to 5:00 p.m., Monday through Friday, would not be adequate time for this type of business. Tiry went on to explain that he works with this type of business a lot and the clay on the Cormican property is excellent quality. There is not a lot of clay in the area that is this quality and there will be approximately 60,000 yards of clay to be mined. He went on to say that the specifications for the clay are set by the Soil Conservation Service, with input from other agencies. The clay on the Cormican property is perfect for use in clay liners. Tiry highly recommends that the Board approve this site for a clay mine, as it will be beneficial to many people. Cormican asked the Board to please consider allowing him to use the road to the south. He believes that it is a much better road, that the visibility is better and there are no residents on that road. He further stated that the clay will be hauled out by people buying the clay, not him. Fisher reminded the Board that today we are looking at this application only for a clay mine and that the sand and gravel operation is a separate issue. Gerald Clemas, being duly sworn, states that he is a neighbor of Cormicans and is against this application. He believes that it interferes with the health and safety of the neighbors. He further stated that he things the roads are not fit for trucks to be driving on them. Clemas would like to see the traffic be routed to the north, as he thinks that is the best route. He has a problem with taxes on the property also and thinks that if a person has a business on their property, they should pay more taxes. Helen Clemas, being duly sworn, is a neighbor of Cormicans and the wife of Gerald Clemas. She agrees with her husband and believes it takes away from the value of their property. She stated that in just one year time, Cormican has asked to expand this operation after receiving his first permit a year ago. Harold Brooks, being duly sworn, is a neighbor of Cormicans. He stated that he has already objected to this project in the past and believes this to be a detriment to the area. He does not think that any of the roads are good for trucks to travel on. He asked 6 who will be enforcing the route that the trucks will be taking. The staff explained the process that is followed if a complaint is brought to zoning's attention. Brooks went on to say that he agrees with Clemas and does not want to see the business expanded to include the clay mine. Mr. Cormican stated that his property has gone up in value over the past 2 years. The Board will visit the site. DECISIONS The Board reconvened at 2:10 p.m. to render Decisions. Michael Rivard Motion by King, second by Wert to approver applicant's request for a special exception for expanding a commercial use in a commercial district based on the following findings: 1. Request meets the spirit and intent of the zoning ordinance. 2. Use is compatible with surrounding land uses. 3. Business will not have an adverse affect on surrounding landowners. With the following conditions: 1. Any proposed lighting is to be directed away from neighboring properties. 2. Any proposed new signage must be approved by the zoning department and must strictly adhere to the St. Croix County Signage Ordinance. 3. Applicant to maintain a minimum of 7 customer parking spaces, plus spaces for employees and business vehicles. This area is to be blacktopped. 4. Applicant to blacktop driveway on the property as soon as the State road construction is completed on Highway 35/64. 5. Applicant is allowed to add on an addition as shown on the conditionally approved State Building Plans. 6. Applicant to maintain property Wisconsin licensing for the business. 7. The applicant shall have one (1)year from the issuance of the Special Exception permit to act on the Special Exception Permit. Failure to commence construction in this timeframe shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before commencing the business operation. 8. Conditions 2 through 10 of the Board of Adjustment decision of August 26, 1996 are still valid and are in full force and effect. 9. Any change (or addition) in use, or expansion of the project, including building, signage, shall require review and approval by the zoning director and ins some circumstances through the Special Exception approval process, where applicable. The following vote was taken to approve: Peterson, yes; Golz, yes; King, yes; Wert, yes; Chairperson Speer, yes. Motion carried. Dale and Lauren Croone Motion by Golz, second by Peterson to approve application for a special exception permit for a temporary occupancy based on the following findings: 7 1. Request meets the spirit and intent of the zoning ordinance. 2. Town of Somerset has approved this application. With the following conditions: 1. The temporary occupancy permit is valid for a period of one-year from the date of its approval by the Board of Adjustment. The mobile home must be moved off of the property at the end of this one-year period. That one-year period will end on August 26, 2000. 2. Applicant to secure all required permits, including building and septic permits for the new residence. A reconnect permit must be obtained for the new home. 3. The well and septic system must be installed before the owner occupies the mobile home. 4. Special exception permit will be temporary in nature and shall not be transferable from person to person. 5. Any minor change to the above conditions shall be approved by the Zoning Director. 6. Any major change to the above conditions shall require a new public hearing. 7. Special exception permits may be terminated under Section 17.70(7)(d) of the St. Croix County Zoning Ordinance if the conditions of the decision are not met. 8. The county shall record an affidavit with the above conditions as a deed restriction on the property deed. The following vote was taken to approve: King, yes; Wert, yes; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Lilly Martell/American Tower Corporation Motion by Wert, second by King to approve special exception application for a telecommunications tower in a commercial district based on the following findings: 1. The Town of Somerset recommends approval of the application 2. Request meets the provisions of the St. Croix County Telecommunications Ordinance#440. 3. The request meets the spirit and intent of the zoning ordinance. 4. Jeff Nelson, telecommunications tower expert, recommends approval of the application. 5. The proposed tower is more structurally sound than the current tower and will provide better service to users. 6. The tower will be compatible with surrounding land uses. With the following conditions: 1. A 199' tower to be constructed according to the plans submitted. Applicant to follow all written stipulations noted in their application. 2. Tower to be constructed according to the plans submitted. Applicant to follow all written stipulations noted in their application. 3. The Zoning Office is to be notified at the start and the finish of the project. 4. Project to meet all requirements of the Wireless Communications Facilities Ordinance. 5. All FAA and FCC approvals/permits are to be obtained. 6. Applicant to agree to allow collocation of competitors on tower at market rate. 8 7. The color of the tower is to be according to the zoning ordinance (natural steel was agreed to at the hearing). 8. The applicant must secure a township building permit prior to starting construction. 9. Any change to the above conditions shall require a new public hearing. 10. Failure to comply with the above conditions shall result in revocation of the Special Exception Permit. 11. The applicant shall have one (1) year from the issuance of the Special Exception permit to finish the project. Failure to start the project 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 The following vote was taken to approve: Golz, yes; King, yes; Wert, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Ken and Pat Nygaard Motion by Peterson, second by Golz to approve special exception application for an after-the-fact permit for filling and grading in a Shoreland District based on the following findings: 1. The plans for the project have been approved by Land and Water Conservation department . 2. All necessary DNR permits have been obtained. 3. All setbacks and ordinance requirements are being met. 4. The spirit and intent of the ordinance will be met. 5. Plans have been designed and stamped by a professional engineer. 6. The Town of Hammond has recommended approval of the application. With the following conditions: 1. The applicant shall follow the engineer's plans submitted with the proposal. 2. The property owner and contractor are personally responsible for installation and on-going maintenance of all erosion control practices/devices. 3. 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. 4. Re-vegetate and stabilize all disturbed areas by September 15, 1999. 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. 5. Any minor change (or addition) in expansion of the project, shall require review and approval by the Zoning Director. Any major change and/or addition to the originally approved plan will go through the special exception approval process, where applicable, as stated in the ordinance. 6. The applicant shall have one (1)year from the date of issuance of the special exception to complete construction. Failure to complete construction 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. 9 The following vote was taken to approve: King, yes; Peterson, yes; Golz, yes; Wert, yes; Chairperson Speer, yes. Motion carried. Gerald Cormican Motion by Golz, second by Peterson to approve the special exception request for non- metallic and reclamation based on the following findings: 1. The plans for the clay mine have been designed and stamped by a licensed engineer. 2. The Town of Forest supports this application request. 3. The request meets the spirit and intent of the zoning ordinance. 4. The conditions placed on this permit will protect the neighboring property owners. With the following conditions: 1. Applicant to contact the Zoning Office prior to commencing construction activities. 2. Project to proceed as per designed and presented. Engineer to monitor construction of site to certify compliance with design parameters and report any deviations from the design tot he Zoning Department. 3. Operator/applicant shall comply with all of the general requirements and conditions listed in the non-metallic mining and reclamation ordinance - ordinance#226(89) 4. Truck traffic leaving the site will take a northerly route on 310th to the Polk/St. Croix County Line Road. 5. Applicant is responsible for dust abatement during the duration of the permit. 6. Hours of operation to be 7:00 a.m. to 6:00 p.m., Monday through Saturday. 7. Require operator to comply with any conditions established by the Town of Forest regarding use of town road and maintenance. 8. Permit includes temporary placement of equipment necessary to conduct the mining operation. 9. Site reclamation will proceed on an ongoing basis as pit is operated. 10. 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. 11. Special exception valid for a period of 5 (five) years and expires in the year 2004. Applicant must either fully reclaim the site in this time frame or reapply for a new special exception permit. 12. Failure to comply with the above conditions shall result in revocation of the permit. The following vote was taken to approve: King, yes; Wert, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. 10 Respectfully submitted: Brian Wert, Secretary Debbie Zimmermann, Recording Secretary 11 h BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES August 26, 1999 (This meeting was not 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, Rich Peterson and Brian Wert 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 Secretary. Motion by King, second by Peterson to adopt the agenda. Motion carried. Motion by King, second by Golz to approve the July minutes. Motion carried. The Board set the next meeting date as September 23, 1999. The starting time will be 8:30 a.m. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available today if needed. OLD BUSINESS Fisher informed the Board that they need to look at a revision on the decision made in the Stanley Pond/Carpenter Nature Center file. Condition number 2 should be changed so that it relates to the lot being created and not necessarily being developed in a one year time frame. As it reads right now, the lot would need to be developed in one year, and Fisher believes that is not a reasonable condition. Fisher proposed that condition 2 read as follows: 2. The applicant shall have one (1)year from the issuance of the Special Exception permit to create the proposed lot. Failure to create the-proposed lot in this-timeframe shall result in the expiration of this Special Exception permit. (This is consistent with Section 17.36(7)(b)5. of the Zoning Ordinance). Any future development of the lot must be in compliance with the ordinance in affect at the time the permit is requested. Motion by Golz, second by King to approve changes to condition 2. 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 by Steve Fisher as follows: PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, August 26, 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 expand and existing business in the commercial district pursuant to Section 17.18. Request is for a showroom and office space for Rivard Stone, Inc. APPELLANT: Michael L. Rivard LOCATION: Location: The SW '/4 of the SW '/a of Section 7, T30N-R19W, Town of Somerset. 2. ARTICLE: Special Exception request for a Temporary Occupancy permit to live in a temporary mobile home while building a permanent residence pursuant to Section 17.70(3)(c)3. APPELLANT: Dale and Lauren Croone LOCATION: Location: The NE '/4 of the NE 1/, Section 8, T30N-R19W,Town of Somerset. 3. ARTICLE: Special Exception request for a Telecommunications Tower in a commercial district pursuant to Section 17.85(1). Request is to replace an existing tower. APPELLANT: Lilly A. Martell/ Ken Franzen for American Tower Corp. LOCATION: Location: The NE '/4 of the NW '/of Section 4, T30N-R19W, Town of Somerset. 4. ARTICLE: Special Exception request for filling and grading in a Shoreland District pursuant to Section 17.29(2)( c) (3). Request is to construct a stormwater pond in the Prairie Creek subdivision APELLANT: Ken and Pat Nygaard/Auth Colson and Associates LOCATION: Location: The NW '/4 of the NE '/4 of Section 25, T29N-R17W, Town of Hammond 5. ARTICLE: Special Exception request Non-Metallic Mining and Reclamation pursuant to Section 226(89). APPELLANT: Gerald Cormican LOCATION: Location: The NW 1//4 of the SW'/4 of Section 1, T31N-R15W, Town of Forest 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 Michael Rivard Staff explained that this application is a request to expand a commercial business known as Rivard Stone Incorporated, on an existing commercial site. Staff went over the staff report with the Board. The town of Somerset has recommended approval of the application. The following exhibits were introduced: 2 i Exhibit 1: Staff report Exhibit 2: Application and attachments Exhibit 3: State approval letter listing conditions. Exhibit 4: Copy of State approved plans Exhibit 5: Letter from the Town of Somerset stating approval of application Exhibit 6: Copy of 12/15/97 decision allowing an extension for special exception request dated 12/2/96. Exhibit 7: Copy of original decision for special exception permit dated 12/6/96. Michael Rivard, owner of the business, stated that he plans to expand the commercial business. The septic system is adequate for this expansion and the zoning office is in agreement with that statement. The building meets all setback requirements. Rivard stated that if this extension is granted, they would like to start building by September 16t". All of the areas around his business are commercial. The Board had a question about paving around the building. Rivard stated that the front of the building will be paved. Fisher stated that in his previous permit in 1996, one of the conditions was to have the driveway paved. Rivard answered that the new highway will be coming through there and part of the driveway will have to be torn out. He would like to wait until it is determined how much of the driveway will be left before he does the paving. The Board will view the site and then make a decision on this issue. Dale and Lauren Croone Eslinger explained that his request is for a special exception for a temporary occupancy permit in the Town of Somerset. He further explained that the staff is looking into changing the ordinance so that this type of permit may be allowed as a land use permit and would be issued administratively through the Zoning Department. Eslinger stated that staff has conducted an on-site visit and the mobile home is located on the property. The sanitary permit has been secured and will be connected. The permit is for a four bedroom structure. The applicant will need to obtain a reconnect permit for the sanitary system after the home is constructed . The Town of Somerset has approved the application. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2 Special exception application and attachments Exhibit 3: Copy of site plan Exhibit 4: Copy of sanitary permit Exhibit 5: Letter from the Town of Somerset approving the application Lauren Croone, being duly sworn, states that she is the owner of the property. She has reviewed the staff report and has not problem with any of the suggested conditions. The house is being built and they plan to live in a temporary mobile home until completed. They have someone that will be moving the mobile home off of the property after the new home is constructed. Croone stated that the septic system will be installed soon, and the well is in the process of being put in. The Board will visit the site. 3 Lily Martell/American Tower Corp. Eslinger explained to the Board that this application is for a telecommunications tower in the Town of Somerset. The tower will be replacing an existing tower on a commercial site. The existing tower is 180 feet, and the proposed tower would be 199 feet. The proposed tower would be located about 20 feet from the existing tower. The agent has agreed that the existing tower would be torn down within 30 days of the new tower being constructed. Eslinger went over the staff report with the Board. He stated that we have a letter from Jeff Nelson, telecommunications tower expert, stating that he supports the location for the proposed tower. The natural steel color is recommended. Landscaping will be done according to the requirements of the ordinance. There is a place for parking if needed. The present access will be used off of Highway 35/64, and the nearest residence is located more than 500 feet from the tower site. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Special exception application and attachments Exhibit 3: Copy of site plan showing setbacks Exhibit 4: Letter from the Town of Somerset stating approval of the application Exhibit 5: Letter to Zoning Director from American Tower Corp. outlining proposed tower. Exhibit 6: Letter from Terra Resources, Ltd. Explaining the difference between a monopole antenna tower and a guyed tower. Exhibit 7: Letter from American Tower Corp. stating that the existing tower will be taken down within 30 days of the completion of the proposed tower. Exhibit 8: Letter from Jeff Nelson stating approval of the proposed tower Rick Adams, being duly sworn, stated that he is representing American Tower Corporation. Adams explained to the Board that they did site tests in the area and this proved to be a good location for a new tower. He showed the Board a map of the tests that were done. There is an existing tower, but it is not tall enough to accommodate the needs of the users, and the new tower would allow for carriers, which the old tower does not have that capability. They are asking for 30 days to get the existing tower down, as the weather needs to be good to do this. Exhibit 9: Map of the area that simulation/site tests were done. Adams stated that the proposed tower meets DILHR requirements. It does not need to be reviewed by the state, as it is under 200 feet in height. The company will be leasing land from the property owner. American Tower Corp. has a master lease agreement with APT (Aerial). The Board will visit the site. Ken and Pat Nygaard This is an after-the-fact special exception application for filling and grading in a Shoreland District. The applicant is requesting a permit to discharge stormwater from an urban subdivision located within the Village of Baldwin to a dry run in the Rush River. 4 _ The subdivision is located within the village, but the pipe will be discharging into the dry run, which is located in the Town of Hammond. Eslinger stated that Matt Hieb is the engineer on the project and he discovered the problem during construction. He contacted Land and Water Conservation, Zoning and the DNR. Hieb has been working with the appropriate agencies to remedy this problem. The DNR has issued a rip rap permit for the project. The Town of Hammond has recommended approval of the application. Eslinger went over the staff report with the Board. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Special exception application and attachments Exhibit 3: Letter from the Town of Hammond stating approval of the project Exhibit 4: Diagram showing the subdivision and the stormwater retention area and out-fall pipe to the Rush River. Exhibit 5: Letter from the DNR with copy of rip rap permit Doug Zahler, being duly sworn, states that he is the agent representing this application. Zahler stated that he believes that the staff report presented by the Zoning Office explains this application very well. He reiterated that the subdivision is in the village, but the pipe to the Rush River is under county jurisdiction. The Board will visit the site. The Board recessed at 9:35 a.m. The Board reconvened at 9:45 a.m. Gerald Cormican Eslinger gave an update on this application and went over the staff report with the Board. This property is located in the Town of Forest. Forest is not under county zoning, but the county non-metallic mining ordinance is county wide, so it applies to this project. Eslinger went on to explain that a special exception was issued to Cormican last year for a sand and gravel operation. Cormican is back asking for a special exception to mine clay on this same property, but outside of the area that the previous permit was granted for. The clay mine will be located on 11.5 acres. When the property is reclaimed, the site will be used as a processing area for the sand and gravel operation and for storage area for the business on the property. If the clay mine is approved, a Notice of Intent will need to be filed with the DNR. The Town of Forest has recommended approval for this special exception application. The Land and Water Conservation Department has reviewed this application and any concerns they have were given to Mike Tiry, engineer for the project, to answer. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Special exception application with attachments 5 Exhibit 3: Letter from Land and Water Conservation Department statin concerns p g Exhibit 4: Letter from Tiry Engineering addressing concerns stated by Land and Water Conservation. According to David Sanders of the Land and Water Conservation Department, all concerns have been addressed. Exhibit 5: Letter from the Town of Forest recommending approval of the application. Mike Tiry and Gerald Cormican, being duly sworn, state that Tiry is the engineer for this project and Cormican is the owner of the property. Tiry told the Board that he has reviewed the staff report and would like to address two conditions that he does not agree with. First, he believes that the truck traffic should be allowed to use the road to the south which is 230th Avenue. There are no residents on that road and it is a better road to use. The road to the north, 310th, has five residents on it, as well as a deaf person. He would like the Board to look at this. Second, he believes the hours of operation should be from 6:00 a.m. to 6:00 p.m., Monday through Saturday. Due to the fact that this is a seasonal business, the contractors need more time during the day to get in and out of the area. Most of them want to start early in the day and limiting them to 8:00 a.m. to 5:00 p.m., Monday through Friday, would not be adequate time for this type of business. Tiry went on to explain that he works with this type of business a lot and the clay on the Cormican property is excellent quality. There is not a lot of clay in the area that is this quality and there will be approximately 60,000 yards of clay to be mined. He went on to say that the specifications for the clay are set by the Soil Conservation Service, with input from other agencies. The clay on the Cormican property is perfect for use in clay liners. Tiry highly recommends that the Board approve this site for a clay mine, as it will be beneficial to many people. Cormican asked the Board to please consider allowing him to use the road to the south. He believes that it is a much better road, that the visibility is better and there are no residents on that road. He further stated that the clay will be hauled out by people buying the clay, not him. He said he would like the conditions on his permit issued last year to be amended to allow hauling to the south. Fisher reminded the Board that today we are looking at this application only for a clay mine and that the sand and gravel operation is a separate issue. Conditions related to the permit issued last year cannot be considered at this hearing. Gerald Clemas, being duly sworn, states that he is a neighbor of Cormicans and is against this application. He believes that it interferes with the health and safety of the neighbors. He further stated that he thinks the roads are not fit for trucks to be driving on them. Clemas would like to see the traffic be routed to the north, as he thinks that is the best route for safety and dust concerns. He has a problem with taxes on the property also and thinks that if a person has a business on their property, they should pay more taxes. Helen Clemas, being duly sworn, is a neighbor of Cormicans and the wife of Gerald Clemas. She agrees with her husband and believes it takes away from the value of their property. She stated that in just one year's time, Cormican has asked to expand this operation after receiving his first permit a year ago. 6 i Harold Brooks, being duly sworn, is a neighbor of Cormicans. He stated that he has already objected to this project for detailed reasons in the past and believes this to be a detriment to the area. He does not think that any of the roads are good for trucks to travel on. He agreed that the trucks must take a northerly route and that 2301h and 310th streets are both poor hauling roads. He asked who will be enforcing the route that the trucks will be taking. The staff explained the process that is followed if a complaint is brought to zoning's attention. Brooks went on to say that he agrees with Clemas and does not want to see the business expanded to include the clay mine. The Board will visit the site. The Board recessed at 10:20 a.m. to conduct site visits DECISIONS The Board reconvened at 2:10 p.m. to render Decisions. Michael Rivard Motion by King, second by Wert to approver applicant's request for a special exception for expanding a commercial use in a commercial district based on the following findings: 1. Request meets the spirit and intent of the zoning ordinance. 2. Use is compatible with surrounding land use, all lands surrounding are zoned commercial. 3. Business will not have an adverse affect on surrounding landowners. 4. The Town of Somerset has recommended approval of this special exception application. With the following conditions: 1. Any proposed lighting is to be directed away from neighboring properties. 2. Any proposed new signage must be approved by the zoning department and must strictly adhere to the St. Croix County Signage Ordinance. 3. Applicant to maintain a minimum of 7 customer parking spaces, plus spaces for employees and business vehicles. This area is to be blacktopped immediately following completion of commercial building addition. 4. Applicant to blacktop 24-foot wide driveway on the property as soon as the State road construction is completed on Highway 35/64. 5. Applicant is allowed to add on an addition as shown on the conditionally approved State Building Plans. 6. Applicant to maintain property Wisconsin licensing for the business. 7. The applicant shall have one (1)year from the issuance of the Special Exception permit to act on the Special Exception Permit. Failure to commence construction in this timeframe shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before commencing the business operation. 8. Conditions 2 through 10 of the Board of Adjustment decision of August 26, 1996 are still valid and are in full force and effect. 9. Any change (or addition) in use, or expansion of the project, including building, signage, shall require review and approval by the zoning director and ins some 7 l circumstances through the Special Exception approval process, where applicable. The following vote was taken to approve: Peterson, yes; Golz, yes; King, yes; Wert, yes; Chairperson Speer, yes. Motion carried. Dale and Lauren Croone Motion by Golz, second by Peterson to approve application for a special exception permit for a temporary occupancy based on the following findings: 1. Request meets the spirit and intent of the zoning ordinance. 2. Town of Somerset has approved this application. With the following conditions: 1. The temporary occupancy permit is valid for a period of one-year from the date of its approval by the Board of Adjustment. The mobile home must be moved off of the property at the end of this one-year period. That one-year period will end on August 26, 2000. 2. Applicant to secure all required permits, including building and septic permits for the new residence. A septic system reconnection permit must be obtained for the new home. 3. The well and septic system must be installed before the owner occupies the mobile home. 4. Special exception permit will be temporary in nature and shall not be transferable from person to person. 5. Any minor change to the above conditions shall be approved by the Zoning Director. 6. Any major change to the above conditions shall require a new public hearing. 7. Special exception permits may be terminated under Section 17.70(7)(d) of the St. Croix County Zoning Ordinance if the conditions of the decision are not met. 8. The county shall record an affidavit with the above conditions as a deed restriction on the property deed. The following vote was taken to approve: King, yes; Wert, yes; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Lilly Martell/American Tower Corporation Motion by Wert, second by King to approve special exception application for a telecommunications tower in a commercial district based on the following findings: 1. The Town of Somerset recommends approval of the application 2. Request meets the provisions of the St. Croix County Telecommunications Ordinance#440. 3. The request meets the spirit and intent of the zoning ordinance. 4. Jeff Nelson, telecommunications tower expert, recommends approval of the application. 5. The proposed tower is more structurally sound than the current tower and will provide better service to users, and allow other uses to co-locate. 6. The tower will be compatible with surrounding land uses. 8 With the following conditions: 1. A 199'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. The applicant/agent will remove the existing tower within 30 days of the erection of the replacement 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. Applicant 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 (natural steel was agreed to at the hearing). 8. The applicant must secure a township building permit prior to starting construction. 9. 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. 10. The applicant shall have one (1) year from the issuance of the Special Exception permit to finish the project. Failure to start the project 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 11. Applicant to obtain a State approved building permit. This approved permit to be submitted to the Zoning office before commencing tower construction. The following vote was taken to approve: Golz, yes; King, yes; Wert, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Ken and Pat Nygaard Motion by Peterson, second by Golz to approve special exception application for an after-the-fact permit for filling and grading in a Shoreland District based on the following findings: 1. This is an after-the-fact permit. The Board does not condone this practice, but the design meets county and DNR standards. 2. The plans for the project have been approved by Land and Water Conservation department . 3. All necessary DNR permits have been obtained. 4. All setbacks and ordinance requirements are being met. 5. The spirit and intent of the ordinance will be met. 6. Plans have been designed and stamped by a professional engineer. 7. The Town of Hammond has recommended approval of the application. With the following conditions: 1. The applicant shall follow the engineer's plans submitted with the proposal. 2. The property owner and contractor are personally responsible for installation and on-going maintenance of all erosion control practices/devices. 3. 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. 9 4. Re-vegetate and stabilize all disturbed areas by September 15, 1999. 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. 5. Any minor change (or addition) in expansion of the project, shall require review and approval by the Zoning Director. Any major change and/or addition to the originally approved plan will go through the special exception approval process, where applicable, as stated in the ordinance. 6. The applicant shall have one (1)year from the date of issuance of the special exception to complete construction. Failure to complete construction 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: King, yes; Peterson, yes; Golz, yes; Wert, yes; Chairperson Speer, yes. Motion carried. Gerald Cormican Motion by Golz, second by Peterson to approve the special exception request for non- metallic and reclamation based on the following findings: 1. The plans for the clay mine have been designed and stamped by a licensed engineer. 2. The Town of Forest supports this application request. 3. The request meets the spirit and intent of the zoning ordinance. 4. The conditions placed on this permit will protect the neighboring property owners. 5. Testimony at this hearing and a previous hearing regarding trucks hauling and related dust and safety concerns, necessitated the need to designate a required haul route for the trucks. After viewing the site, Board affirmed this finding. 6. Conditions on this permit application are similar to a previous mining permit granted last year to Mr. Cormican for a separate site. With the following conditions: 1. Applicant to contact the Zoning Office prior to commencing construction activities. 2. Project to proceed as per designed and presented. Engineer to monitor construction of site to certify compliance with design parameters and report any deviations from the design tot he Zoning Department. 3. Operator/applicant shall comply with all of the general requirements and conditions listed in the non-metallic mining and reclamation ordinance - ordinance #226(89) 4. Truck traffic leaving the site shall be required to take a northerly route on 310th to the Polk/St. Croix County Line Road. 5. Applicant is responsible for dust abatement during the duration of the permit. 6. Hours of operation to be 7:00 a.m. to 6:00 p.m., Monday through Saturday. 7. Require operator to comply with any conditions established by the Town of Forest regarding use of town road and maintenance and the controlling of dust. 10 I 8. Permit includes temporary placement of equipment necessary to conduct the mining operation. 9. Site reclamation will proceed on an ongoing basis as pit is operated. 10. 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. 11. Special exception valid for a period of 5 (five) years and expires in the year 2004. Applicant must either fully reclaim the site in this time frame or reapply for a new special exception permit. 12. Failure to comply with the above conditions shall result in revocation of the permit. 13. A formal approval letter from the Town of Forest is to be obtained. The following vote was taken to approve: King, yes; Wert, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. A motion was made by Wert, second by King to adjourn. All in favor. Meeting adjourned at 2:35 p.m. Respectfully submitted: Brian Wert, Secretary Debbie Zim mann, Recording Secretary 11 '