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HomeMy WebLinkAboutBoard of Adjustment 07-22-1999 AMENDED 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, July 22,1999 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AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: OLD BUSINESS: * This application will be withdrawn from the Board of Adjustment Agenda. *Gregory and Kathleen Johnson—Special Exception request for a Telecommunications Tower and related equipment in the Ag/Residential District pursuant to Section 17.85(2) of the Zoning Code Regulating Wireless Communication Facilities 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: July 16,1999 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *CANCELLATIONS/CHANGES/ADDITIONS PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, July 22, 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 Restrictions on Filling and Grading in a Shoreland District pursuant to Section 17.29(2). Request is to allow the St. Croix County Parks Department to install concrete stream fords at two locations on the Wildwood Trail. APPELLANT: St. Croix County Parks Department/Joe Grant, Director LOCATION: Location 1: The NE '/ of the SE % of Section 10; T28N-R16W, Town of Eau Galle and; Location 2: The NE %of the NW %of Section 35, T28N-R16W, Town of Eau Galle. 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: S. Mark and Jac-Lynn Tyler LOCATION: Located in the SW%of the SE '/<of Section 34,T30N-R16W,Town of Emerald. 3. 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: Dan Hamann LOCATION: Located in the NW'/of the NW'/of Section 17,T29N-R18W,Town of Warren. 4. ARTICLE: Special Exception request for a Commercial Use to locate a sign business in an existing commercial building pursuant to Section 17.18(1). APELLANT: Burkhardt Cooperative Association/Whiplash Designs and Graphics, LLC LOCATION: Located in the SW % of the SE % of Section 31, T31N-R18W, Town of Star Prairie. 5. ARTICLE: Variance to Section 17.64(5)(a)3 requiring a 200-foot driveway separation on Class C & D Highways. Variance request is to construct a driveway 50' from existing driveway. APPELLANT: Irvin F.Vanasse LOCATION: Located in the NE'/<of the SW%of Section 36,T28N-R16W,Town of Eau Galle. 6. ARTICLE: Variance to Section 17.64(1)(d) requiring a 133-foot setback for structures from the centerline of a Class D Highway. Variance request is to remodel an existing non- conforming structure located 123 feet from the centerline of a Class D Highway. APPELLANT: Thomas and Kathleen Sandvig LOCATION: Located in the NW%of the NW%of Section 33,T29N-R16W,Town of Baldwin. 7. ARTICLE: Special Exception request for Restrictions on Filling and Grading in a Shoreland District pursuant to Section 17.29(2)(c(1) and Section 17.29(2)( c)(3). Request is for an after-the-fact permit for filling and grading for a pole building and to construct a residence. APPELLANT: Fred Riermann LOCATION: Government Lot 3, Section 23,T30N-R19W,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 07/20/99 10:34 $ COUNTY CLERK Q001 x��x�xxx*xxx�*�x*xx*mx�x�xx xx ACTIVITY REPORT TRANSMISSION OK TX/RX NO. 3897 CONNECTION TEL 93869891 CONNECTION ID STAR-OBSERVER START TIME 07/20 10:32 USAGE TIME 02'00 PAGES 4 RESULT OK AMENDED-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, July 22, 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: This application will be withdrawn from the Board of Adjustment Agenda. *Gregory and Kathleen Johnson—Special Exception request for a Telecommunications Tower and related equipment in the Ag/Residential District pursuant to Section 17.85(2) of the Zoning Code Regulating Wireless Communication Facilities NEW BUSINESS: See Attachment OTHER: 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, July 22, 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: Gregory and Kathleen Johnson —Special Exception request for a Telecommunications Tower and related equipment in the Ag/Residential District pursuant to Section 17.85(2) of the Zoning Code Regulating Wireless Communication Facilities 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: July 13, 1999 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *CANCELLATIONS/CHANGES/ADDITIONS PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, July 22, 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 to Restrictions on Filling and Grading in a Shoreland District pursuant to Section 17.29(2). Request is to allow the St. Croix County Parks Department to install concrete stream fords at two locations on the Wildwood Trail. APPELLANT: St. Croix County Parks Department/Joe Grant, Director LOCATION: Location 1: The NE '/4 of the SE '/4 of Section 10, T28N-R16W, Town of Eau Galle and; Location 2: The NE '/of the NW '/4 of Section 35, T28N-R16W, Town of Eau Galle. 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: S. Mark and Jac-Lynn Tyler LOCATION: Located in the SW'/4 of the SE '/4 of Section 34, T30N-R16W, Town of Emerald. 3. 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: Dan Hamann LOCATION: Located in the NW'/4 of the NW%of Section 17, T29N-R18W, Town of Warren. 4. ARTICLE: Special Exception request for a Commercial Use to locate a sign business for in an existing commercial building pursuant to Section 17.18(1). APELLANT: Burkhardt Cooperative Association/Whiplash Designs and Graphics, LLC LOCATION: Located in the SW '/4 of the SE '/ of Section 31, T31N-R18W, Town of Star Prairie. 5. ARTICLE: Variance to Section 17.64(5)(a)3 requiring 200 foot driveway separation on Class C & D Highways. Variance request is to construct a driveway 50' from existing driveway. APPELLANT: Irvin F. Vanasse LOCATION: Located in the NE %of the SW'/4 of Section 36, T28N-R16W, Town of Eau Galle. 6. ARTICLE: Variance to Section 17.64(1)(d) requiring a 133 foot setback from the center line of a Class D Highway. Variance request is to remodel an existing non-conforming structure located 123 feet from the centerline of a Class D Highway. APPELLANT: Thomas and Kathleen Sandvig LOCATION: Located in the NW'/4 of the NW'/4 of Section 33,T29N-R16W, Town of Baldwin. 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 k BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES July 22, 1999 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was made. Julie Speer, Dick King, Nick Golz, and Rich Peterson were present. Brian Wert was excused. Chairperson Speer believes this to be a properly noticed meeting. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist and Debbie Murphy, Administrative Secretary. Motion by King, second by Golz to adopt the agenda. Motion carried. Motion by King, second by Golz to approve the June minutes. Motion carried. The Board set the next meeting date as August 26, 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 after reviewing the Gregory and Kathleen Johnson application for a Telecommunication Tower, it was decided that this application need not come before the Board. The tower will be located in the Town of Cady, and therefore, does not fall under our zoning regulations. The applicant has been informed of this. Fisher asked the Board to formally remove the application from the agenda. A motion was made by King, second by Golz to withdraw the Johnson tower application. All in favor, 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, July 22, 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 to Restrictions on Filling and Grading in a Shoreland District pursuant to Section 17.29(2). Request is to allow the St. Croix County Parks Department to install concrete stream fords at two locations on the Wildwood Trail. APPELLANT: St. Croix County Parks Department/Joe Grant, Director LOCATION: Location 1: The NE '/4 of the SE '/4 of Section 10, T28N-R16W, Town of Eau Galle and; Location 2: The NE '/4 of the NW '/4 of Section 35, T28N-R16W, Town of Eau Galle. 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: S. Mark and Jac-Lynn Tyler LOCATION: Located in the SW '/4 of the SE '/4 of Section 34, T30N-R16W, Town of Emerald. 3. 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: Dan Hamann LOCATION: Located in the NW '/ of the NW '/4 of Section 17, T29N-R18W, Town of Warren. 4. ARTICLE: Special Exception request for a Commercial Use to locate a sign business for in an existing commercial building pursuant to Section 17.18(1). APELLANT: Burkhardt Cooperative Association/ Whiplash Designs and Graphics, LLC LOCATION: Located in the SW '/4 of the SE '/4 of Section 31, T31N-R18W, Town of Star Prairie. 5. ARTICLE: Variance to Section 17.64(5)(a)3 requiring 200 foot driveway separation on Class C & D Highways. Variance request is to construct a driveway 50'from existing driveway. APPELLANT: Irvin F. Vanasse LOCATION: Located in the NE '/4 of the SW'/4 of Section 36, T28N-R16W, Town of Eau Galle. 6. ARTICLE: Variance to Section 17.64(1)(d) requiring a 133 foot setback from the center line of a Class D Highway. Variance request is to remodel an existing non-conforming structure located 123 feet from the centerline of a Class D Highway. APPELLANT: Thomas and Kathleen Sandvig LOCATION: Located in the NW'/4 of the NW'/4 of Section 33,T29N-R16W, Town of Baldwin. All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Director, Hudson, Wisconsin at (715) 386-4680. Julie Speer, Chairperson St. Croix County Board of Adjustment 2 St. Croix County Parks Department Eslinger explained that this application is for the Parks Department for filling and grading. They plan to put in stream fords on the Wildwood Trail. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application and attachments Exhibit 3: Letter from the Town of Eau Galle recommending approval of the application Exhibit 4: Copy of DNR application and permit for a creek crossing at north site Exhibit 5: Construction plan for the North site of the trail Exhibit 6: Copy of DNR application and permit for a creek crossing at south site Exhibit 7: Construction plan for the South site of the trail. Joe Grant, being duly sworn, is the Director for the St. Croix County Parks Department. He explained the reason for the stream fords on the Wildwood Trail. There have been many requests from people using the trails that the fords need improvements. The fords will be concrete and will go in where the railroad trestles were torn out. They have received permits from the DNR for this project. The design was put together with the help of the Land and Water Conservation Department. Grant went on to explain that this is a continuation of the improvements that have been done in the past. There are several people using this trail and the improvements are needed. The Board asked about how this will be funded. Grant stated that it will be paid for out of the parks funds set aside for the Wildwood Trail The Board will visit the site. S. Mark and Jac-Lynn Tyler Eslinger explained to the Board that this is for a temporary occupancy permit in the Town of Emerald. The Town did not inform the Tylers that they needed a permit, so the mobile home is in place. Eslinger stated that they have obtained all appropriate permits, with the exception of a reconnect permit for the sanitary system. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application for special exception with attachments Exhibit 3: Letter from the Town of Emerald recommending approval of the application. Exhibit 4: Copy of building permit and sanitary permit Mark Tyler, being duly sworn, explained to the Board the process he has followed to get to this point. They are not living in the mobile home at the present time. There is an existing home on the property that will be moved the first week of August, and they will begin building their new home. It will take approximately 3 to 4 months to build the new home. The mobile home will be removed from the property as soon as they can move into the new structure. They will either sell the mobile home, or will take it back to the dealer where they purchased it and sell it on consignment. The Board will visit the site. 3 Dan Hamann Eslinger explained that this request is for a temporary occupancy permit in the Town of Warren. All permits have been obtained, including the reconnection permit. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Application for special exception with attachments Exhibit 3: Letter from the Town of Warren approving the application. Dan Hamann, being duly sworn, stated that he plans to put in a mobile home to live in while his new home is being constructed. Construction will start this fall. He will be doing most of the work himself, so will need to have the mobile home on the property for a year. His father owns the mobile home and has a buyer for it when Hamann in finished using it. The Board will visit the site. Whiplash Designs and Graphics LLC Fisher explained to the Board that this is a request to locate a commercial sign business in an existing building on a commercial site. He went over the staff report with the Board, noting that they need to pay particular attention to parking needs, hours of operation and signage for the business. The Department of Transportation has contacted the zoning office and has no problem with this application with regard to access or signage. The Town of Star Prairie approved the application. There will be no change in the building or the parking lot. Fisher further stated that the applicant has moved into the existing building, as they did not realize that they needed a new permit for a pre-existing commercial business. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Map showing location of the property Exhibit 3: Application for special exception and attachments Exhibit 4: Letter from the Town of Star Prairie recommending approval of the application Chris Weber, being duly sworn, stated that their business has already moved into the existing building. They have no problem with the signage for the business being no more than 32 square feet. This building used to house Burkhardt Cooperative. The proposed location will probably be temporary, as the new road will be going through that area. The Board will visit the site. Irvin Vanasse Fisher told the Board that this application is for a variance request to the 200 foot driveway separation that the ordinance requires. The applicant is asking for his 4 driveway to be 50 feet from the neighboring driveway. Fisher also explained that this application is really broken down in two phases, the first being the driveway separation variance request, and the second, if approved, to construct a creek crossing. The second phase of this would be heard at a future Board of Adjustment hearing, pending submission of engineering plans. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application for variance and attachments Exhibit 3: Letter from the Town of Eau Galle recommending approval of the variance application. Fisher went over the exhibits with the Board and pointed out specific areas on the maps. Irvin Vanasse, being duly sworn, explained his situation to the Board. His family sold off some of their property many years ago, and has always shared a driveway with the neighbors. The neighbor living on the property is no longer willing to share the driveway. The only access to the property is the one that needs the variance. It was initially thought that there would be 50 feet between driveways, but Mr. Vanasse stated that it is actually about 90 feet. There is a small creek there that is normally dry, but on occasion, there is water in it. Vanasse has looked at buying an easement to the property, but that has been unsuccessful. Fisher stated that the zoning office will work with Vanasse on phase 2 of this project, if the variance is granted today. The Board will visit the site. Thomas and Kathleen Sandvi Fisher presented this application to the Board. The request is for a variance to remodel a non-conforming home that is less than 133 feet from the centerline of a Class D Highway. Fisher stated that the applicant stated on his application that the structure was 123 feet from the centerline, but when zoning staff measured, they found it to be 92 feet from the centerline. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application for variance and attachments Exhibit 3: Letter from the Town of Baldwin recommending approval of the variance Fisher went over the staff report with the Board and reviewed the map showing the plans of the addition being requested and remodeling to be done. Thomas Sandvig, being duly sworn, stated that he and his wife have lived in this home for 15 years. The home is approximately 110 years old and when they bought the home, did not realize that it was non-compliant. They want to renovate home, as it needs work to make it livable. There are some major problems on the second floor, and a new roof is needed, as it is collapsing. They will also be putting in new wiring. They are asking 5 for an addition on the back part of the house to make the kitchen larger. The addition would be about 10' x 13 '. Sandvig went on to explain to the Board that he does not want to make the house bigger,just improve the inside and make the kitchen larger in the back. The home will not be livable in the near future if these improvements are not made. The Board will visit the site. Fred Rierman Eslinger presented this application to the Board and explained that it is for filling and grading on a site on Bass Lake. The applicant wants to replace a cabin with a new home. The plans have been reviewed by Land and Water Conservation and other engineers to make sure that the runoff is taken care of property. There will be silt fencing and retention basins will be installed to control erosion. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Application with attachments Exhibit 3: Construction timeline Exhibit 4: Engineered site plan— Eslinger went over this exhibit with the Board in detail. They have worked diligently with the applicant and engineers to make sure appropriate things are done to protect Bass Lake. Exhibit 5: Letter from Eunice Post, of the DNR—Eslinger read into the record Exhibit 6: Letter from Premier Services Exhibit 7: Letter from the Town of St. Joseph recommending approval with conditions. Eslinger went over the conditions on the staff report. He explained that the garage on the property has already been constructed. The applicant obtained a building permit from the Town, but was not made aware that he needed a permit for filling and grading for this construction. Zoning staff has been out to the site and looked at this construction and has determined that the earthwork had been done propelty and meets erosion control standards. Fred Rierman and Matt Hieb, being duly sworn, state that Rierman is the owner and Hieb is the engineer with Auth-Colson Associates. Rierman gave some background on what has been done. He did not realize he needed a special exception permit until his plans came into the zoning office. He understands all of the conditions that were presented in the staff report and has no problem with them. Fisher stated that Rierman has been very cooperative with the zoning staff. The Board will visit the site. The Board recessed at 10:10 a.m. to conduct site visits. DECISIONS The Board reconvened at 1:10 p.m. to render Decisions. 6 St. Croix County Parks Department Motion by King, second by Golz to approver applicant's request for a special exception for filling and grading in a shoreland district based on the following findings: 1. Plans for the project were developed through the St. Croix County Land and Water Conservation Department. 2. Meets intent of the Shoreland District ordinance to control erosion and design the project to protect the environment. With the following conditions: 1. Special Exception permit is granted for the construction of concrete ford on the north and south sites of the Wildwood Trail 2. Applicant to comply with all DNR requirements and obtain any permits necessary. 3. Applicant to work with Land and Water Conservation during the project to insure that erosion control plan is implemented. 4. Any major changes to the above conditions shall require a new public hearing. 5. Special exception permits mat be terminated under Section 17.70(7)(d) of the St. Croix County Zoning Ordinance if the conditions of the decision are not met. 6. The applicant shall have one (1)year from the date of issuance of the special exception to construct the proposed fords. Failure to complete construction in this timeframe shall result in the expiration of this special exception permit approval. If the permit expires, the applicant will be required to secure a new permit through a separate application. The following vote was taken to approve: Peterson, yes; Golz, yes; King, yes; Chairperson Speer, yes. Motion carried. Mark and Jac-Lynn Tyler 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 Emerald 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 July 22, 2000. 2. Applicant to secure all required permits, including building and septic permits for the new residence. 3. Special exception permit will be temporary in nature and shall not be transferable from person to person. 4. Any minor change to the above conditions shall be approved by the Zoning Director. 5. Any major change to the above conditions shall require a new public hearing. 6. 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. 7 7. 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; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Dan Hamann Motion by King, second by Golz to approve special exception application for a temporary occupancy permit based on the following findings: 1. Request meets the spirit and intent of the zoning ordinance. 2. Town of Warren 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 July 22, 2000. 2. Applicant to secure all required permits, including building and septic permits for the new residence. 3. Special exception permit will be temporary in nature and shall not be transferable from person to person. 4. Any minor change to the above conditions shall be approved by the Zoning Director. 5. Any major change to the above conditions shall require a new public hearing. 6. The applicant will contact the zoning office once the mobile home is in place. 7. The applicant will contact the zoning office a the start of construction of the new residence to verify setbacks. 8. 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. 9. 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: Golz, yes; King, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. At this time, the Board discussed amending the ordinance to allow the zoning office to issue temporary occupancy permits through the department as a Land Use permit. This would eliminate applicants coming to the Board of Adjustment for a special exception permit. This routine permit could be handled administratively with the conditions noted above. Motion by Peterson, second by King to amend the ordinance to allow temporary occupancy permits to be issued administratively through the zoning office as a Land Use Permit, rather than a special exception permit. All in favor, motion carried. Fisher will draft and ordinance to be presented to the Planning, Zoning and Parks Committee. Whiplash Designs and Graphics LLC Motion by Golz, second by Peterson to approve special exception application for a commercial use in an existing commercial building based on the following findings: 1. Request meets the spirit and intent of the zoning ordinance. 8 2. Use is compatible with surrounding land uses. 3. Business will not have an adverse affect on surrounding landowners. With the following conditions: 1. Hours of operation to be from 7:00 am to 9:00 pm, Monday through Saturday and 10:00 am to 4:00 pm on Sundays. 2. Any proposed lighting is to be directed away from neighboring properties. 3. One (1) sign is allowed with total signage area not to exceed 32 square feet, and a maximum height of 35 feet. This sign must be located a minimum of 10 feet from all property lines. Any other signage must be approved by the zoning department and must strictly adhere to the St. Croix County Signage Ordinance. 4. Applicant to maintain a minimum of one (1) parking space fore each 200-square feet of retail area. A minimum of 10 customer-parking spaces currently exists and should be maintained. 5. Applicant to maintain proper state licensing to operate the sign business. 6. The applicant shall have one (1)year from the issuance of the Special Exception permit to act on the Special Exception Permit. Failure to commence business operation in this timeframe shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before commencing the business operation. 7. Any change (or addition) in use, or expansion of the project, including building, or signage, 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. The following vote was taken to approve: King, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Irvin Vanasse Motion by Golz, second by Peterson to approve the variance request for a driveway separation based on the following findings: 1. There is a hardship in this case. There is no other alternative way to access the land. The previous access was owned by a neighboring landowner and that access has now been denied. 2. Request is not contrary to the public interest. 3. Approving variance would allow the landowner use of the property. Without this access, landowner would not have reasonable use of the property. With the following conditions: 1. Variance is to allow the construction of a driveway access within 200 feet of an - existing driveway. 2. This variance is valid for a period of one year from the date of issuance; failure to commence construction of the driveway in this time period shall result in revocation of the variance. 3. The access is approved only for a field access. Any other use of the driveway for residential or development purposes must be evaluated to insure the driveway is compliant with applicable county ordinances and engineering standards. 9 Accesses used for three (3) or more homes requires that the road be a 66 foot wide dedicated township roadway, along with a host of other County subdivision, zoning and engineering requirements. 4. Applicant to obtain a DNR permit from the State and a Special Exception permit from the County for the tributary crossing. This information is to be prepared by a licensed civil engineer. 5. Failure to comply with the above conditions shall result in revocation of the Variance. The following vote was taken to approve: King, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Thomas Sandvia Motion by Peterson, second by King to approve variance request to remodel and expand a non-conforming structure based on the following findings: 1. The Town of Baldwin has approved the application. 2. The applicant has asked for a 41 foot variance from the road right-of-way. The road that the home is located on is a rural road with very minimal traffic. 3. The owners have lived in the structure for 15 years and the safety of the homeowner is now in question. The home needs extensive repair to the roof so it will be safe and will preserve the health and safety of the present owners. 4. There are limitations for relocation on the property. To relocate the home on the property meeting the setbacks would cause the owner to relocate on land that is being used for agriculture. Also, there would be outbuildings that would need to be torn down to accommodate space for the home. 5. The Board believes by granting this variance, that substantial justice has been done. With the following conditions: 1. Variance is to allow the applicant to remodel and repair an existing non- conforming structure. The addition to the home will be no larger than 10-foot by 13-foot . 2. The remodeling of the project will be limited to the plans presented to the Board. 3. This variance is valid for a period of one year from the date of issuance; failure to complete construction of the project in this time period shall result in revocation of the variance. The following vote was taken to approve: Peterson, yes; King, yes; Golz, no; Chairperson Speer, yes. Motion carried. Fred Rierman Motion by Golz, second by King to approve the application for an after-the-fact permit for filling and grading to construct a garage based on the following findings: 1. After inspection by the zoning department, the earthwork that was done on the property for the garage meets all criteria and is in compliance with the ordinance. 2. The applicant obtained a building permit from the Town of St. Joseph and was not made aware that a permit was needed for this construction. 3. The spirit and intent of the ordinance will be met. 10 I With the following-conditions: 1. Applicant is responsible for any erosion control problems that may arise on the property due to the construction of the garage. If a problem arises, applicant will need to work with an engineer and the zoning office to remedy any problems. The following vote was taken to approve: Peterson, yes; King, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Motion made by Peterson, second by Golz to approve filling and grading for construction of the new home based on the following findings: 1. The plans for the project have been approved by Land and Water Conservation department and are being reviewed by the DNR. 2. The natural environment of Bass Lake will be protected. 3. All setbacks and ordinance requirements are being met. 4. The spirit and intent of the ordinance will be met. 5. Plans to be designed and stamped by a professional engineer. 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 insure the project is completed according to plan. 2. The applicant shall follow the engineer's plans submitted with the proposal. 3. The property owner and contractor, Premier Services, Inc., are personally responsible for installation and on-going maintenance of all erosion control practices/devices. 4. Secure all necessary DNR permits. 5. Applicant shall secure a sanitary permit from the Zoning Office prior to securing the township building permit. 6. All structures to meet the minimum setback requirements as outlined in the St. Croix County zoning Ordinance; 75 feet from the O.H.W.M. of the lake and wetland. 7. Applicant shall apply for and obtain a building permit from the Town of St. Joseph. 8. Vehicle traffic shall be limited to tracked vehicles only in the sixty-five foot setback area from the ordinary high water mark. 9. No filling and grading shall occur in the sixty-five foot setback area form the ordinary high water mark on the bluff face. 10. 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. 11. Any minor change (or addition) in expansion of the project, including building, 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. 11 IIS 12. The applicant will be required to submit to the Zoning Office a performance bond for construction of the new home. Zoning will work with the applicant on an amount for this bond. 13. The applicant shall have one (1) year from the date of issuance of the special exception permit to construct the proposed residence. Failure to construct the residence in this time fram 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; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Motion by King, second by Golz to adjourn. Meeting adjourned at 2:05 p.m. Respectfully submitted: Brian Wert, Secretary Debbie Murphy, Recording Secretary 12 BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES July 22, 1999 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was made. Julie Speer, Dick King, Nick Golz, and Rich Peterson were present. Brian Wert was excused. Chairperson Speer believes this to be a properly noticed meeting. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist and Debbie Murphy, Administrative Secretary. Motion by King, second by Golz to adopt the agenda. Motion carried. Motion by King, second by Golz to approve the June minutes. Motion carried. The Board set the next meeting date as August 26, 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 after reviewing the Gregory and Kathleen Johnson application for a Telecommunication Tower, it was decided that this application need not come before the Board. The tower will be located in the Town of Cady, and therefore, does not fall under our zoning regulations. The applicant has been informed of this. Fisher asked the Board to formally remove the application from the agenda. A motion was made by King, second by Golz to withdraw the Johnson tower application. All in favor, 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, July 22, 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 to Restrictions on Filling and Grading in a Shoreland District pursuant to Section 17.29(2). Request is to allow the St. Croix County Parks Department to install concrete stream fords at two locations on the Wildwood Trail. APPELLANT: St. Croix County Parks Department/Joe Grant, Director LOCATION: Location 1: The NE '/4 of the SE '/ of Section 10, T28N-R16W, Town of Eau Galle and; Location 2: The NE '/4 of the NW '/4 of Section 35, T28N-R16W, Town of Eau Galle. 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: S. Mark and Jac-Lynn Tyler LOCATION: Located in the SW'/4 of the SE '/4 of Section 34, T30N-R16W, Town of Emerald. 3. 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: Dan Hamann LOCATION: Located in the NW '/4 of the NW '/4 of Section 17, T29N-R18W, Town of Warren. 4. ARTICLE: Special Exception request for a Commercial Use to locate a sign business for in an existing commercial building pursuant to Section 17.18(1). APELLANT: Burkhardt Cooperative Association/ Whiplash Designs and Graphics, LLC LOCATION: Located in the SW '/4 of the SE '/4 of Section 31, T31N-R18W, Town of Star Prairie. 5. ARTICLE: Variance to Section 17.64(5)(a)3 requiring 200 foot driveway separation on Class C& D Highways. Variance request is to construct a driveway 50'from existing driveway. APPELLANT: Irvin F. Vanasse LOCATION: Located in the NE '/4 of the SW'/4 of Section 36, T28N-R16W, Town of Eau Galle. 6. ARTICLE: Variance to Section 17.64(1)(d) requiring a 133 foot setback from the center line of a Class D Highway. Variance request is to remodel an existing non-conforming structure located 123 feet from the centerline of a Class D Highway. APPELLANT: Thomas and Kathleen Sandvig LOCATION: Located in the NW '/4 of the NW'/4 of Section 33,T29N-R16W, Town of Baldwin. 7. ARTICLE: Special Exception request for Restrictions on Filling and Grading in a Shoreland District pursuant to Section 17.29(2)(c) (1)and - Section 17.29(2)( c)(3). Request is for an after-the—fact permit for filling and grading for a pole building and to construct a residence. APPELLANT: Fred Rierman LOCATION: Government Lot 3, Section 23, T30N-R19W, Town of St. Joseph 2 I� 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 St Croix County Parks Department Eslinger explained that this application is for the Parks Department for filling and grading. They plan to put in stream fords on the Wildwood Trail The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application and attachments. Exhibit 3: Letter from the Town of Eau Galle recommending approval of the application Exhibit 4: Copy of DNR application and permit for a creek crossing at north site Exhibit 5: Construction plan for the North site of the trail Exhibit 6: Copy of DNR application and permit for a creek crossing at south site Exhibit 7: Construction plan for the South site of the trail. Joe Grant, being duly sworn, is the Director for the St. Croix County Parks Department. He explained the reason for the stream fords on the Wildwood Trail. There have been many requests from people using the trails that the fords need improvements. The fords will be concrete and will go in where the railroad trestles were torn out. They have received permits from the DNR for this project. The design was put together with the help of the Land and Water Conservation Department. Grant went on to explain that this is a continuation of the improvements that have been done in the past. There are several people using this trail and the improvements are needed. The Board asked about how this will be funded. Grant stated that it will be paid for out of the parks funds set aside for the Wildwood Trail The Board will visit the site. S. Mark and Jac-Lynn Tyler Eslinger explained to the Board that this is for a temporary occupancy permit in the Town of Emerald. The Town did not inform the Tylers that they needed a permit, so the mobile home is in place. Eslinger stated that they have obtained all appropriate permits, with the exception of a reconnect permit for the sanitary system. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application for special exception with attachments Exhibit 3: Letter from the Town of Emerald recommending approval of the application. Exhibit 4: Copy of building permit and sanitary permit 3 Mark Tyler, being duly sworn, explained to the Board the process he has followed to get to this point. They are not living in the mobile home at the present time. There is an existing home on the property that will be moved the first week of August, and they will begin building their new home. It will take approximately 3 to 4 months to build the new home. The mobile home will be removed from the property as soon as they can move into the new structure. They will either sell the mobile home, or will take it back to the dealer where they purchased it and sell it on consignment. The Board will visit the site. Dan Hamann Eslinger explained that this request is for a temporary occupancy permit in the Town of Warren. All permits have been obtained, including the reconnection permit. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Application for special exception with attachments Exhibit 3: Letter from the Town of Warren approving the application. Dan Hamann, being duly sworn, stated that he plans to put in a mobile home to live in while his new home is being constructed. Construction will start this fall. He will be doing most of the work himself, so will need to have the mobile home on the property for a year. His father owns the mobile home and has a buyer for it when Hamann in finished using it. The Board will visit the site. Whiplash Designs and Graphics LLC Fisher explained to the Board that this is a request to locate a commercial sign business in an existing building on a commercial site. He went over the staff report with the Board, noting that they need to pay particular attention to parking needs, hours of operation and signage for the business. The Department of Transportation has contacted the zoning office and has no problem with this application with regard to access or signage. The Town of Star Prairie approved the application. There will be no change in the building or the parking lot. Fisher further stated that the applicant has moved into the existing building, as they did not realize that they needed a new permit for a pre-existing commercial business. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Map showing location of the property Exhibit 3: Application for special exception and attachments Exhibit 4: Letter from the Town of Star Prairie recommending approval of the application 4 I Chris Weber, being duly sworn, stated that their business has already moved into the existing building. They have no problem with the signage for the business being no more than 32 square feet. This building used to house Burkhardt Cooperative. The proposed location will probably be temporary, as the new road will be going through that area. The Board will visit the site. Irvin Vanasse Fisher told the Board that this application is for a variance request to the 200 foot driveway separation that the ordinance requires. The applicant is asking for his driveway to be 50 feet from the neighboring driveway. Fisher also explained that this application is really broken down in two phases, the first being the driveway separation variance request, and the second, if approved, to construct a creek crossing. The second phase of this would be heard at a future Board of Adjustment hearing, pending submission of engineering plans. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application for variance and attachments Exhibit 3: Letter from the Town of Eau Galle recommending approval of the variance application. Fisher went over the exhibits with the Board and pointed out specific areas on the maps. Irvin Vanasse, being duly sworn, explained his situation to the Board. His family sold off some of their property many years ago, and has always shared a driveway with the neighbors. The neighbor living on the property is no longer willing to share the driveway. The only access to the property is the one that needs the variance. It was initially thought that there would be 50 feet between driveways, but Mr. Vanasse stated that it is actually about 90 feet. There is a small creek there that is normally dry, but on occasion, there is water in it. Vanasse has looked at buying an easement to the property, but that has been unsuccessful. Fisher stated that the zoning office will work with Vanasse on phase 2 of this project, if the variance is granted today. The Board will visit the site. Thomas and Kathleen Sandvia Fisher presented this application to the Board. The request is for a variance to remodel a non-conforming home that is less than 133 feet from the centerline of a Class D Highway. Fisher stated that the applicant stated on his application that the structure was 123 feet from the centerline, but when zoning staff measured, they found it to be 92 feet from the centerline. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application for variance and attachments 5 Exhibit 3: Letter from the Town of Baldwin recommending approval of the variance Fisher went over the staff report with the Board and reviewed the map showing the plans of the addition being requested and remodeling to be done. Thomas Sandvig, being duly sworn, stated that he and his wife have lived in this home for 15 years. The home is approximately 110 years old and when they bought the home, did not realize that it was non-compliant. They want to renovate home, as it needs work to make it livable. There are some major problems on the second floor, and a new roof is needed, as it is collapsing. They will also be putting in new wiring. They are asking for an addition on the back part of the house to make the kitchen larger. The addition would be about 10' x 13 `. Sandvig went on to explain to the Board that he does not want to make the house bigger,just improve the inside and make the kitchen larger in the back. The home will not be livable in the near future if these improvements are not made. The Board will visit the site. Fred Rierman Eslinger presented this application to the Board and explained that it is for filling and grading on a site on Bass Lake. The applicant wants to replace a cabin with a new home. The plans have been reviewed by Land and Water Conservation and other engineers to make sure that the runoff is taken care of property. There will be silt fencing and retention basins will be installed to control erosion. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Application with attachments Exhibit 3: Construction timeline Exhibit 4: Engineered site plan— Eslinger went over this exhibit with the Board in detail. They have worked diligently with the applicant and engineers to make sure appropriate things are done to protect Bass Lake. Exhibit 5: Letter from Eunice Post, of the DNR— Eslinger read into the record Exhibit 6: Letter from Premier Services Exhibit 7: Letter from the Town of St. Joseph recommending approval with conditions. Eslinger went over the conditions on the staff report. He explained that the garage on the property has already been constructed. The applicant obtained a building permit from the Town, but was not made aware that he needed a permit for filling and grading for this construction. Zoning staff has been out to the site and looked at this construction and has determined that the earthwork had been done propelty and meets erosion control standards. Fred Rierman and Matt Hieb, being duly sworn, state that Rierman is the owner and Hieb is the engineer with Auth-Colson Associates. Rierman gave some background on what has been done. He did not realize he needed a special exception permit until his plans came into the zoning office. He understands all of the conditions that were 6 presented in the staff report and has no problem with them. Fisher stated that Rierman has been very cooperative with the zoning staff. The Board will visit the site. The Board recessed at 10:10 a.m. to conduct site visits. DECISIONS The Board reconvened at 1:10 p.m. to render Decisions. St. Croix County Parks Department Motion by King, second by Golz to approver applicant's request for a special exception for filling and grading in a shoreland district based on the following findings: 1. Plans for the project were developed through the St. Croix County Land and Water Conservation Department. 2. Meets intent of the Shoreland District ordinance to control erosion and design the project to protect the environment. With the following conditions: 1. Special Exception permit is granted for the construction of concrete ford on the north and south sites of the Wildwood Trail. 2. Applicant to comply with all DNR requirements and obtain any permits necessary. 3. Applicant to work with Land and Water Conservation during the project to insure that erosion control plan is implemented. 4. Any major changes to the above conditions shall require a new public hearing. 5. Special exception permits mat be terminated under Section 17.70(7)(d) of the St. Croix County Zoning Ordinance if the conditions of the decision are not met. 6. The applicant shall have one (1)year from the date of issuance of the special exception to construct the proposed fords. Failure to complete construction in this timeframe shall result in the expiration of this special exception permit approval. If the permit expires, the applicant will be required to secure a new permit through a separate application. The following vote was taken to approve: Peterson, yes; Golz, yes; King, yes; Chairperson Speer, yes. Motion carried. Mark and Jac-Lynn Tyler 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 Emerald 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 7 the property at the end of this one-year period. That one-year period will end on July 22, 2000. 2. Applicant to secure all required permits, including building and septic permits for the new residence. 3. Special exception permit will be temporary in nature and shall not be transferable from person to person. 4. Any minor change to the above conditions shall be approved by the Zoning Director. 5. Any major change to the above conditions shall require a new public hearing. 6. 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. 7. 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; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Dan Hamann Motion by King, second by Golz to approve special exception application for a temporary occupancy permit based on the following findings: 1. Request meets the spirit and intent of the zoning ordinance. 2. Town of Warren 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 July 22, 2000. 2. Applicant to secure all required permits, including building and septic permits for the new residence. 3. Special exception permit will be temporary in nature and shall not be transferable from person to person. 4. Any minor change to the above conditions shall be approved by the Zoning Director. 5. Any major change to the above conditions shall require a new public hearing. 6. The applicant will contact the zoning office once the mobile home is in place. 7. The applicant will contact the zoning office a the start of construction of the new residence to verify setbacks. 8. 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. 9. 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: Golz, yes; King, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. At this time, the Board discussed amending the ordinance to allow the zoning office to issue temporary occupancy permits through the department as a Land Use permit. This would eliminate applicants coming to the Board of Adjustment for a special exception 8 permit. This routine permit could be handled administratively with the conditions noted above. Motion by Peterson, second by King to amend the ordinance to allow temporary occupancy permits to be issued administratively through the zoning office as a Land Use Permit, rather than a special exception permit. All in favor, motion carried. Fisher will draft and ordinance to be presented to the Planning, Zoning and Parks Committee. Whiplash Designs and Graphics LLC Motion by Golz, second by Peterson to approve special exception application for a commercial use in an existing commercial building 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. Hours of operation to be from 7:00 am to 9:00 pm, Monday through Saturday and 10:00 am to 4:00 pm on Sundays. 2. Any proposed lighting is to be directed away from neighboring properties. 3. One (1) sign is allowed with total signage area not to exceed 32 square feet, and a maximum height of 35 feet. This sign must be located a minimum of 10 feet from all property lines. Any other signage must be approved by the zoning department and must strictly adhere to the St. Croix County Signage Ordinance. 4. Applicant to maintain a minimum of one (1) parking space fore each 200-square feet of retail area. A minimum of 10 customer-parking spaces currently exists and should be maintained. 5. Applicant to maintain proper state licensing to operate the sign business. 6. The applicant shall have one (1)year from the issuance of the Special Exception permit to act on the Special Exception Permit. Failure to commence business operation in this timeframe shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before commencing the business operation. 7. Any change (or addition) in use, or expansion of the project, including building, or signage, 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. The following vote was taken to approve: King, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Irvin Vanasse Motion by Golz, second by Peterson to approve the variance request for a driveway separation based on the following findings: 1. There is a hardship in this case. There is no other alternative way to access the land. The previous access was owned by a neighboring landowner and that access has now been denied. 2. Request is not contrary to the public interest. 3. Approving variance would allow the landowner use of the property. Without this access, landowner would not have reasonable use of the property. 9 f I With the following conditions: 1. Variance is to allow the construction of a driveway access within 200 feet of an existing driveway. 2. This variance is valid for a period of one year from the date of issuance; failure to commence construction of the driveway in this time period shall result in revocation of the variance. 3. The access is approved only for a field access. Any other use of the driveway for residential or development purposes must be evaluated to insure the driveway is compliant with applicable county ordinances and engineering standards. Accesses used for three (3) or more homes requires that the road be a 66 foot wide dedicated township roadway, along with a host of other County subdivision, zoning and engineering requirements. 4. Applicant to obtain a DNR permit from the State and a Special Exception permit from the County for the tributary crossing. This information is to be prepared by a licensed civil engineer. 5. Failure to comply with the above conditions shall result in revocation of the Variance. The following vote was taken to approve: King, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Thomas Sandvia Motion by Peterson, second by King to approve variance request to remodel and expand a non-conforming structure based on the following findings: 1. The Town of Baldwin has approved the application. 2. The applicant has asked for a 41 foot variance from the road right-of-way. The road that the home is located on is a rural road with very minimal traffic. 3. The owners have lived in the structure for 15 years and the safety of the homeowner is now in question. The home needs extensive repair to the roof so it will be safe and will preserve the health and safety of the present owners. 4. There are limitations for relocation on the property. To relocate the home on the property meeting the setbacks would cause the owner to relocate on land that is being used for agriculture. Also, there would be outbuildings that would need to be torn down to accommodate space for the home. 5. The Board believes by granting this variance, that substantial justice has been done. With the following conditions: 1. Variance is to allow the applicant to remodel and repair an existing non- conforming structure. The addition to the home will be no larger than 10-foot by 13-foot . 2. The remodeling of the project will be limited to the plans presented to the Board. 3. This variance is valid for a period of one year from the date of issuance; failure to complete construction of the project in this time period shall result in revocation of the variance. 10 The following vote was taken to approve: Peterson, yes; King, yes; Golz, no; Chairperson Speer, yes. Motion carried. Fred Rierman Motion by Golz, second by King to approve the application for an after-the-fact permit for filling and grading to construct a garage based on the following findings: 1. After inspection by the zoning department, the earthwork that was done on the property for the garage meets all criteria and is in compliance with the ordinance. 2. The applicant obtained a building permit from the Town of St. Joseph and was not made aware that a permit was needed for this construction. 3. The spirit and intent of the ordinance will be met. With the following conditions: 1. Applicant is responsible for any erosion control problems that may arise on the property due to the construction of the garage. If a problem arises, applicant will need to work with an engineer and the zoning office to remedy any problems. The following vote was taken to approve: Peterson, yes; King, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Motion made by Peterson, second by Golz to approve filling and grading for construction of the new home based on the following findings: 1. The plans for the project have been approved by Land and Water Conservation department and are being reviewed by the DNR. 2. The natural environment of Bass Lake will be protected. 3. All setbacks and ordinance requirements are being met. 4. The spirit and intent of the ordinance will be met. 5. Plans to be designed and stamped by a professional engineer. 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 insure the project is completed according to plan. 2. The applicant shall follow the engineer's plans submitted with the proposal. 3. The property owner and contractor, Premier Services, Inc., are personally responsible for installation and on-going maintenance of all erosion control practices/devices. 4. Secure all necessary DNR permits. 5. Applicant shall secure a sanitary permit from the Zoning Office prior to securing the township building permit. 6. All structures to meet the minimum setback requirements as outlined in the St. Croix County zoning Ordinance; 75 feet from the O.H.W.M. of the lake and wetland. 7. Applicant shall apply for and obtain a building permit from the Town of St. Joseph. 8. Vehicle traffic shall be limited to tracked vehicles only in the sixty-five foot setback area from the ordinary high water mark. 11 9. No filling and grading shall occur in the sixty-five foot setback area form the ordinary high water mark on the bluff face. 10. 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. 11. Any minor change (or addition) in expansion of the project, including building, 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. 12. The applicant will be required to submit to the Zoning Office a performance bond for construction of the new home. Zoning will work with the applicant on an amount for this bond. 13. The applicant shall have one (1) year from the date of issuance of the special exception permit to construct the proposed residence. Failure to construct the residence in this time fram 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; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Motion by King, second by Golz to adjourn. Meeting adjourned at 2:05 p.m. Respectfully submitted: Brian Wert, Secretary Debbie Murphy, Recor g S retary 12