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HomeMy WebLinkAboutBoard of Adjustment 05-27-1999 'X 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, May 27, 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: Robert and Denise Gunderson application *POSTPONED UNTIL JUNE* - 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: MAY 18, 1999 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *CAN CELLATIONS/CHANGES/ADDITIONS -- ------- ----- I PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, May 27, 1999 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. An on-site investigation will be made of each site in question, after which the board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: Special Exception request for a Telecommunications Tower and related equipment in the Ag/Residential District pursuant to Section 17.85(2) of the Zoning Code Regulating Wireless Communication Facilities. APPELLANT: George and Mary Bloom/Loucks &Associates, Inc. LOCATION: Located in the E %2 of the SW '/4 of the SE '/4 of Section 15, T29N-R18W, Town of Warren. 2. ARTICLE: Special Exception request for Land Division in the St. Croix Riverway District pursuant to Section 17.36(6)1. APPELLANT: Stanley E. Pond/Jim Fitzpatrick LOCATION: Located in Government Lot 1, Section 13, T28N-R20W, Town of Troy 3. ARTICLE: Special Exception request for a Commercial Use to locate a business named Prism Plastics, Inc. in an existing commercial building pursuant to Section 17.18(1). APPELLANT: Paul Kom LOCATION: Located in Lot 1 in part of the NE '/of the SE '/of Section 15, T30N-R18W, Town of Richmond 4. ARTICLE: Special Exception request for a Commercial Use to construct a convenience store in a Commercial District pursuant to Section 17.18(1). APELLANT: Jor Gas, Inc. LOCATION: Located in the NW'/4 of the Nw'/of Section 32,T31 N-R16W, Town of Cylon. 5. ARTICLE: Variance request to remodel and expand a non-conforming structure pursuant to Section 17.64(3)(c)and 17.70(4). APPELLANT: Edward G. Brown LOCATION: Located in the SW '/4 of the NW % of Section 30, T30N-R19W, Town of St. Joseph. 6. ARTICLE: Special Exception request for filling and grading in the Shoreland District on slopes greater than 20%to construct a new home pursuant to Section 17.29. APPELLANT: Leonard and Lisa Lee LOCATION: Located in the Government Lot 3 of Section 23, T30N-R19W, Town of St. Joseph. 7. ARTICLE: Special Exception request to exceed number of animal units/acre in the Agriculture District to expand a dairy facility pursuant to Section 17.14(6)( 1). APPELLANT: Daniel M. Luckwaldt LOCATION: Located in the SW'/4 of the Sw%of Section 24, T29N-R16W, Town of Baldwin 8. ARTICLE: Special Exception request for Non-Metallic Mining Permit in the Ag/Residential District pursuant to Section 226(89)and 17.15(6)(8) APPELLANT: Edward C. and Barbara A. Lyons/Daniel M. Luckwaldt LOCATION: Located in the NE '/of the SE '/4 of Section 25, 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 OFFICIAL BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES May 27, 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 role 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 Murphy, Administrative Secretary. Motion by Peterson, second by King to adopt the agenda. Motion carried. Motion by King, second by Golz to approve the April minutes. Motion carried. The Board set the next meeting date as June 24, 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 Robert and Denise Gunderson Steve Fisher explained that this application has been ongoing for several months. There have been some discussions between the Minnesota and Wisconsin DNR and the Zoning Office, as well as with the Boundary Commission. The discussions have been on the St. Croix Riverway boundary and where the DNR has jurisdiction and where the rules for N.R. 118 apply. Corporation Counsel has also been working on this issue and Greg Timmerman has sent a memo to the DNR, and several other agencies, stating his position on this boundary issue. He has asked other agencies to respond to this memo and give their opinion in this matter. As of today, the Wisconsin DNR has not responded. Fisher explained to the Board that the Planning, Zoning and Parks Committee met on Tuesday last week and discussed this issue. The committee agrees with Zoning that if the home is within the riverway boundary, they cannot proceed with the proposed project. If the property is not in the riverway, they can remodel, compliant with Shoreland zoning requirements. After some discussion on the matter, Fisher asked the Board to consider removing the Gunderson application from the agenda. He explained that the Board no longer has a role to play in this application. The DNR was asked to respond to Timmerman's memo by June 8th. The DNR has stated that they will not have a written response on their position until the end of July. Timmerman has stated that he would like to meet with the DNR sooner than that. Steve Dunlap, being duly sworn, is the attorney for Gundersons. He stated that he was under the impression that this would not be on the agenda today. Fisher explained that the reason it is being discussed, is so that the Board can formally withdraw the application. Dunlap said that Gundersons believe they can go ahead with their project. Fisher responded to this statement saying that Gundersons should wait until it is decided j where their property lies—in or out of the riverway district. If it is determined that it lies outside of the district, they will be allowed to remodel their home compliant with Shoreland District requirements including setbacks. The county will then look at amending that part of the ordinance. If they are within the riverway boundaries, they will need to abide by those rules. A motion was made by Peterson, second by Wert to have the Gunderson application withdrawn. 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 published as follows: PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, May 27, 1999 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. An on-site investigation will be made of each site in question, after which the board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: Special Exception request for a Telecommunications Tower and related equipment in the Ag/Residential District pursuant to Section 17.85(2) of the Zoning Code Regulating Wireless Communication Facilities. APPELLANT: George and Mary Bloom/Loucks &Associates, Inc. LOCATION: Located in the E '/2 of the SW '/4 of the SE % of Section 15, T29N- R18W, Town of Warren. 2. ARTICLE: Special Exception request for Land Division in the St. Croix Riverway District pursuant to Section 17.36(6)1. APPELLANT: Stanley E. Pond/Jim Fitzpatrick LOCATION: Located in Government Lot 1, Section 13, T28N-R20W, Town of Troy 3. ARTICLE: Special Exception request for a Commercial Use to locate a business named Prism Plastics, Inc. in an existing commercial building pursuant to Section 17.18(1). APPELLANT: Paul Korn LOCATION: Located in Lot 1 in part of the NE '/4 of the SE '/a of Section 15, T30N-R18W, Town of Richmond 4. ARTICLE: Special Exception request for a Commercial Use to construct a convenience store in a Commercial District pursuant to Section 17.18(1). APELLANT: Jor Gas, Inc. 2 it LOCATION: Located in the NW '/ of the NW '/4 of Section 32, T31 N-R16W, Town of Cylon. 5. ARTICLE: Variance request to remodel and expand a non-conforming structure pursuant to Section 17.64(3)( c) and 17.70(4). APPELLANT: Edward G. Brown LOCATION: Located in the SW '/ of the NW '/4 of Section 30, T30N-R19W, Town of St. Joseph. 6. ARTICLE: Special Exception request for filling and grading in the Shoreland District on slopes greater than 20% to construct a new home pursuant to Section 17.29. APPELLANT: Leonard and Lisa Lee LOCATION: Located in the Government Lot 3 of Section 23, T30N-R19W, Town of St. Joseph. 7. ARTICLE: Special Exception request to exceed number of animal units/acre in the Agriculture District to expand a dairy facility pursuant to Section 17.14(6)( 1). APPELLANT: Daniel M. Luckwaldt LOCATION: Located in the SW % of the SW '/4 of Section 24, T29N-R16W, Town of Baldwin 8. ARTICLE: Special Exception request for Non-Metallic Mining Permit in the Ag/Residential District pursuant to Section 226(89)and 17.15(6)(g) APPELLANT: Edward C. and Barbara A. Lyons/Daniel M. Luckwaldt LOCATION: Located in the NE '/4 of the SE '/4 of Section 25, 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 Edward C. and Barbara A. Lyons/Daniel M. Luckwaldt Fisher explained to the Board that article number 8, Edward C. and Barbara Lyons/ Daniel Luckwaldt, will not be heard today. After reviewing the file, it was decided by the Zoning Office that this special exception request was not needed. The applicants can comply with the ordinance without a public hearing as the amount of mining to be done is minimal and is within the ordinance standards. George and Mary Bloom Rod Eslinger presented this application to the Board. It is an application for a telecommunications tower in the Town of Warren. The following exhibits were presented: Exhibit 1: Staff report Exhibit 2: Letter from Loucks and associates outlining request 3 Exhibit 3: Report outlining the fact that they feel they meet our requirements for a telecommunication tower Exhibit 4: Site plan Exhibit 5: Letter from Jeff Nelson, consultant for St. Croix County on telecommunication towers, stating that he has no objections to the tower going in at this location and all requirements have been met. Exhibit 6: Letter from the Town of Warren recommending approval of the application Exhibit 7: Letter from Alex Derrick, Radio Frequency Engineer, supporting the application. Exhibit 8: Binder of information handed out from Loucks and Associates with detailed information on the tower. Renee Zirbes, being duly sworn, is with the Loucks and Associates company. She explained to the Board that the tower will be located on the Bloom property in the Town of Warren. Zirbes went through the packet of information that was handed out to them. Zirbes explained that the access to the tower will be through the Bloom's driveway and then they will be using an existing field driveway on the Bloom property. They will be screening the tower according to the ordinance standards. Zirbes further explained that they could not co-locate on any of the towers in the area, so decided to apply for this new tower. This tower has been designed for co-location. The Town of Warren has asked that the color be sky blue, but Zirbes explained that by leaving it the gray color, it will not weather and no painting will be required (which chips, peels, and requires additional painting). This color blends very well with the sky and looks much better over time. Joe Schneider, being duly sworn, states that he is the closest neighbor to the Bloom property. He does not like the idea of a tower going in near his property. Dean Mueller, being duly sworn, is a neighbor of Schneiders and the Bloom property. He believes that half of the field driveway that will be used to access the tower is on his property. Mueller did not feel they had enough notice or information about this tower. Zirbes responded to these neighbors by stating that the property has been surveyed and the driveway being used will be improved and is located only on the Bloom property. They meet all of the required setbacks. She stated that the light on the tower will be white during the day and red at night, so will hopefully be less disturbing to surrounding property owners. Fisher added that a letter, along with a copy of the public notice, was sent to all surrounding property owners, The letter states that if anyone wants more information on the application, they can notify the Zoning Office. No one called the office requesting more information. The Board will visit the site. Stanley E. Pond/Jim Fitzpatrick Fisher explained that this project has been through all of the appropriate channels so far and is here today as a special exception to make sure all aspects of the scenic riverway 4 i i are met. The following exhibits were introduced: Exhibit 1: Staff report. Fisher pointed out that the Town of Troy, the DNR and Land and Water Conservation have all given approval of this project. Fisher went over the suggested conditions with the Board. Exhibit 2: Map showing location of property Exhibit 3: Copy of Certified Survey Map of the property Exhibit 4: Copy of section of ordinance outlining what is required Exhibit 5: Letter from Stanley Pond explaining that Mr. Fitzpatrick is acting as Pond's agent in this matter. Exhibit 6: Letter from the DNR and the Town of Troy stating no objection to this application. Jim Fitzpatrick, being duly sworn, is here as the agent for Mr. Pond and for himself. The Carpenter Nature Center is purchasing this property from Pond. They are asking to develop only one lot. He went over Exhibit 3 with the Board. The home will be 100 feet from the bluffline. George Lindeberg, being duly sworn, stated that he is a neighboring property owner and is in favor of this application. The Board will visit the site. Paul Korn Fisher explained that the applicant wants to locate a plastics business on an existing commercial site. The business that is now there is so similar, there would be very little change in anything. Fisher went over suggested conditions the Board may want to consider. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Copy of application with attachments. Exhibit 3: Schematic drawing of the lot Exhibit 4: Letter from the Town of Richmond recommending approval Fisher informed the Board that the business that is now located at this site received Board of Adjustment approval in 1990. Paul Korn, being duly sworn, reiterated the fact that they will be operating almost exactly the same business. There is no objection by any of the neighboring properties or businesses. Korn will be leasing the building with an offer to purchase. The Board will visit the site. Jor Gas, Inc. Fisher explained that this application is to construct a convenience store in the Town of Cylon. He went over the requirements listed in the staff report and explained that he has shared this report with the applicant. Fisher further explained that Jor Gas received 5 previous approval from the Board of Adjustment for a special exception permit for bulk storage and sales of propane on this parcel on July 6, 1997. The Department of Transportation has sent us a letter with regard to access. They would like the sign that will be on the property moved back from the road right-of-way and move the air vac back from the road right-of-way. The Town of Cylon has approved this application. The following exhibits were introduced: Exhibit 1: Staff report— Fisher went over this report with the Board. The Land and Water Conservation Department has approved the plans. The DNR is in the process of reviewing their permit application. A detention pond is required for this project. Exhibit 2: Special Exception application and attachments Exhibit 3: Letter from the DNR stating that they have applied for the proper permits. Exhibit 4: Letter from Dolphin Development outlining the project. Exhibit 5: Copy of site plan Exhibit 6: Large map showing stormwater management and erosion control plan Exhibit 7: Letter from Department of Transportation (faxed) Joel Harding, being duly sworn, states that he is with Dolphin Development and Construction Company, Inc. They have been contracted by Jor Gas to run this project. He went over the plans for the convenience store with the Board. The building size will be 3,413 square feet and will contain an office. The size of the site is 6.7 acres, but the proposed business will only use 3.8 acres of this land. Previously, the D.O.T. helped them install culverts on the property. They have now been asked to move those culverts, and driveway accesses, and will do so. There will be lighting on the property according to what is needed for this type of business. There will be four underground tanks on the property—three regular gas tanks and one diesel. Wert asked if the air vac could be moved as requested by the D.O.T. Harding answered that it was located at that particular spot for convenience of the customer, but they could move it if they need to. The would like to start this project as soon as possible, as it will take approximately 3 to 3 %2 months to complete. The Board will visit the site. Ed Brown Rod Eslinger updated the Board on this application. Mr. Brown was given a permit from the Town of St. Joseph to replace the foundation of his home. St. Joseph notified the Zoning Office that this project had exceeded the permit. Eslinger went out to the property and then informed Brown of the violation. Brown immediately stopped working on the project and has been very cooperative with Zoning since his notice. Eslinger told the Board that Brown is asking for a 57 foot variance to the road setback, along with a variance to exceed the 50% rule for improvements to his home. 6 The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Variance application and attachments Exhibit 3: Site plan Exhibit 4: Town of St. Joseph letter approving application with conditions. One condition they had was to fine Mr. Brown. Eslinger stated that the Zoning Office does not believe that a fine is appropriate in this situation, or at this time. Exhibit 5: Letters from concerned neighbors expressing support for Mr. Brown Exhibit 6: Copy of violation letter sent to Mr. Brown Exhibit 7: Permit application Exhibit 8: Photographs of house Exhibit 9: Copy of soil and site evaluation Steve Dunlap and Ed (Gary) Brown, being duly sworn, state that Dunlap is an attorney and Brown the owner of the property. Dunlap explained that this home has been in the family for four generations. Brown is fixing it up for his son Mark to live in. Brown was surprised when Eslinger contacted him, as he thought that he had gotten all of the proper permits needed, and believed he had gone through proper channels. There are several large trees in the front of the property near the road. They had an area to the north of the property perked, but according to exhibit 9, a soil and site evaluation, this area is not suitable to put a home. Due to the lay of the land, there is no other place on the property for this home to sit. At the time that the house was built, it met all required setbacks. Since then, the road has been widened. The Board will view the site. Leonard and Lisa Lee This is a special exception request for filling and grading in the Shoreland District. The Lee's have been working with the Zoning Office for a while on this project and now have plans that everyone can agree with. They have hired an engineer and a landscape company to work with on this project. The Lee's have gotten approvals from DNR and Land and Water Conservation, with conditions. This property is on Bass Lake and the Bass Lake Rehabilitation gave approval of the request in a letter dated April 20, 1999. All conditions listed that extra silt fencing is needed. Lee's have agreed to this . The following exhibits were introduced: Exhibit 1:, Staff report Exhibit 2: Special exception application with attachments Exhibit 3: Schematic drawing of proposed home Exhibit 4: Site plan Exhibit 5: Erosion control plan Exhibit 6: Slope identification Exhibit 7: Letters from Town of St. Joseph, DNR, Land and Water Conservation and Bass Lake Rehabilitation District, all recommending approval of the project. Exhibit 8: Revised plans showing silt-fencing requirements requested by agencies. 7 Lisa Lee, being duly sworn, owns the property with her husband. She went over the plans for her home with the Board. Her goal is to build this home, and preserve the natural area as much as possible. They will be using the existing driveway and there will be a parking pad for the vehicles. John Lowe, being duly sworn, states that he is a neighbor of the Lee's. He said that it was his impression from earlier discussions with the Zoning Office that this lot was not buildable. He is concerned about how emergency vehicles will get in and out of the property if needed, as the lot is very small. Ms. Lee responded by saying that she has an easement for the property, which will allow for emergency vehicles to get in and out of the property. The Board will view the site. Daniel M. Luckwaldt Special exception request is to exceed the number of animal units per acre in the Agriculture District. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Special exception application with attachments Exhibit 3: Letter from the Town of Baldwin recommending approval of application Exhibit 4: Letter from David Sanders, Land and Water Conservation Dept. Exhibit 5: Construction and erosion control plan by Tiry Engineering Exhibit 6: Construction specifications Exhibit 7: Letter from Tiry Engineering (handed out to Board) stating there will be 635 animal units at the site. Luckwaldt owns 421 tillable acres and rents up to 574 acres. He has worked closely with the Land and Water Conservation Department. Eslinger stated that the Zoning Office relies heavily on the Land and Water Conservation Department for reviewing of these applications. He further stated that all concerns listed in Exhibit 4 have been met. Eslinger went over the proposed conditions listed on the staff report. Ronnie Williams, being duly sworn, is an engineer with Tiry Engineering and has been working with Luckwaldt on this project. He stated that all issues have been addressed and believes they are all satisfied. Williams further stated that the manure pond is adequate size for this project. They will be turning in an emergency plan to Land and Water Conservation Department. This plan will also address action to be taken if there is any overtopping. David Sanders, being duly sworn, is with the Land and Water Conservation Department. Sanders reiterated that the concerns that he had have all been addressed. Dan Luckwaldt, being duly sworn, is the owner of the property. He stated that they have built the milking parlor and have put in a new well. He owns approximately 660 acres, which 430 are tillable acres. Luckwaldt will rent land for spreading. He has 5 year leases on rented land. 8 He is not aware of any opposition from neighbors. Williams added that approximately 40 neighbors were notified of this application and they did not hear of any objections. The Board will visit the site. The Board recessed at 11:00 a.m. to conduct site visits. DECISIONS The Board reconvened at 2:45 p.m. to render Decisions. George and Mary Bloom Motion by Peterson second by Golz to approve applicant's request for a special exception for a telecommunications tower based on the following findings: 1. Request complies with zoning ordinance 2. Jeff Nelson, telecommunications towers consultant for St. Croix County reviewed application and recommends approval of application. 3. The Town of Warren recommends approval of the application 4. Request meets the provisions of the St. Croix County Telecommunications Ordinance#440. With the following conditions: 1. A building permit should be obtained from the Town of Warren prior to construction. 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. 7. The color of the tower is to be according to the zoning ordinance (natural steel was agreed to at the hearing). 8. Any change to the above conditions shall require a new public hearing. 9. Failure to comply with the above conditions shall result in revocation of the Special Exception Permit. 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 permit before starting or completing construction on the project. The following vote was taken to approve: Peterson, yes; King, yes; Golz, yes; Wert, abstained; Chairperson Speer, yes. Motion carried. Stanley Pond/James Fitzpatrick Motion by Wert, second by King to approve special exception request for land division in the St. Croix Riverway District based on the following findings: 9 1. Meets the requirements of the zoning ordinance. 2. All Land and Water Conservation requirements have been met. 3. The DNR has approved the request. 4. The application meets all applicable rules pertaining to the St. Croix Natural Scenic Riverway. With the following conditions: 1. The applicant will be required to provide a detailed site plan to the zoning office prior to issuance of the Town building permits. Site plan to include, location of all structures from blufflines, roads and property lines and other information as outlined in 17.36(7)(b) of the Zoning Ordinance. 2. The applicant shall have one (1)year from the issuance of the Special Exception permit to develop the lot. Failure to develop the lot 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 starting or completing construction on the project. (This is consistent with Section 17.36(7)(b)5. Of the Zoning Ordinance). The following vote was taken to approve: Wert, yes; King, yes; Go1z, yes; Peterson, yes; Chairperson Speer, yes. All in favor. Motion carried. Paul Korn Motion by King, second by Wert to approve request for a special exception permit for a Commercial Use based on the following findings: 1. Complies with the St. Croix County Zoning Ordinance. 2. Meets the spirit and intent of the commercial zoning ordinance. 3. Plan is compatible with surrounding land uses. With the following conditions: 1. This permit is issued to Michael Hudalla (owner)/ Paul Korn (Authorized Agent). Any change or expansion in the business will require a new special exception. 2. No outside storage of materials. 3. No hazardous materials storage. 3. Signage to be limited to the one (1) existing on-site sign, the sign area not to increase without application for a new special exception. 4. The applicant shall have one (1)year from the issuance of the Special Exception permit to occupy the building. Failure to start the business 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 starting or completing construction on the project. The following vote was taken to approve: King, yes; Peterson, yes; Golz, yes; Wert, yes; Chairperson Speer, yes. All in favor. Motion carried. Jor Gas, Inc. Motion by Wert, second by Peterson to approve application for Special Exception permit for a Commercial Use based on the following findings: 10 I 1. Complies with the St. Croix County Zoning Ordinance requirements. 2. Meets all setback requirements, lighting requirements, and stormwater requirements. 3. Meets the spirit and intent of the commercial zoning ordinance. 4. Project is compatible with surrounding land uses. With the following conditions: 1. Applicant to obtain DNR permits for the design and construction of the retention pond as it will be located within 300 feet of the South Fork of the Willow River. 2. DOT is to certify approval of the project and associated accesses/curb cuts. 3. Hours of operation to be from 5:00 a.m. to 11:00 p.m. /7 days a week. 4. Applicant to secure approval from Wisconsin Safety and Buildings division, Department of Commerce for building, structural, mechanical approval. 5. Wisconsin DNR to approve the private new well, existing well on site to be abandoned compliant with DNR requirements. On-site Septic system to be approved by the State of Wisconsin and issued by the County. All building permits to be obtained through the Town of Cylon. 6. Applicant to adhere to Stormwater/Erosion control plan approved by the Land and Water Conservation Department. Applicant or contractor responsible for ongoing maintenance of erosion control practices/devices.. 7. Lighting is to be directed away from neighboring properties, lighting is to be shielded consistent with the lighting plan submitted. 8. One(1) pylon sign is allowed with total signage area of 91 square feet, and maximum height of 28 feet. This sign must be located a minimum of 10 feet from all property lines. 9. All structures to be located a minimum of 100 feet from all property lines. The board of Adjustment has determined that the air vacuum island should be moved so as to be no closer than 50 feet from the right-of-way. 10. 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 permit before commencing construction on the project. 11. Any change (or addition) in use, or expansion of the project, including: building, signage, pumps, shall require a new and separate special exception application and approval. The following vote was taken to approve: Peterson, yes; King, yes; Golz, yes; Wert, yes, Chairperson Speer, yes. All in favor. Motion carried. Ed (Gary) Brown Motion by King, second by Speer to approve the application for a variance request to remodel and expand a non-conforming structure and a variance to the highway setback based on the following findings: 1. The Board believes that an unnecessary hardship is present and that a literal enforcement of the terms of the ordinance would deny the petitioner reasonable use of the property. The home is over 90 years old and has been located in the present location. 2. The hardship is due to physical limitations of the property, rather than the 11 i circumstances of the petitioner. The Board viewed the property and found that there is no other place on the property for the home to be located, due to wetlands, slopes, soils and lot layout. 3. The owner believed that all necessary permits had been obtained. 4. The variance will not be contrary to the public interest as expressed by the objectives of the ordinance. 5. The spirit of the ordinance shall be observed and substantial justice done. 6. The Board does not believe that a fine is appropriate in this case. Mr. Brown has cooperated in every way with the County to work out a solution to this situation. With the following condition: 1. The Board requests that the applicant revisit the Town of St. Joseph to reapply for the building permit and obtain any additional building permits. The following vote was taken to approve: Golz, yes; King, yes; Peterson, yes; Wert, no; Chairperson Speer, yes. Motion carried. Leonard and Lisa Lee Motion by Golz, second by King to approve special exception request for filling and grading in a Shoreland District based on the following findings: 1. Applicant has secured approval from DNR, Land and Water Conservation Department and Bass Lake Rehabilitation District. 2. Applicant has worked with a certified engineer and Registered landscape Architect to provide the Board with plans for the proposed project. 3. Request complies with the St. Croix County zoning ordinance 4. The proposed plan meets the spirit and intent of the Shoreland District ordinance. With the following conditions: 1. Applicant to strictly adhere to engineered plans submitted and approved. 2. Applicant to install an additional silt fence along the length of the slope down gradient of the existing silt fence. 3. Silt fencing to be installed along the contour along the entire length of the property. Ends of the silt fence are not to be turned up as indicated on plans. 4. The property owner and contractor are personally responsible for installation and on-going maintenance of all erosion control practices/devices. 5. Owner is responsible to ensure that all work and related run off/erosion is contained on their property. Applicant is personally and financially responsible for any authorized work related impacts or adverse effects (increased run off/ erosion)to neighboring or public properties. 6. The applicant to secure all required permits, including building, septic and DNR permits. 7. All structures to meet the minimum setback requirements as outlined in the St. Croix County Zoning Ordinance. 8. Applicant to comply with all conditions agreed upon with the St. Croix County Land and Water Conservation Department. 9. 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 the 12 project to ensure project is completed according to plan. 10. The applicant shall have one (1)year from the issuance of the Special Exception permit to secure all necessary permits and to construct the authorized work. Failure to secure the necessary permits and to complete construction of the authorized work within one (1)year from the issuance of the decision 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 starting or completing construction on the project. The following vote was taken to approve: Peterson, yes; Wert, yes; King, yes; Golz, yes; Chairperson Speer, yes. All in favor. Motion carried. Daniel Luckwaldt Motion by Peterson, second by Wert to approve Special Exception request to exceed number of animal units per acre in the Agriculture District for the following reasons: 1. Plan has been designed by Tiry Engineering and a licensed engineer and meets Zoning Ordinance requirements. 2. Plan approved by Land and Water Conservation Department. 3. Plan is approved and in accordance with the State of Wisconsin 590 Plan. 4. The spirit and intent of the ordinance will be met. With the following conditions: 1. The permit will not be valid until all Land and Water Conservation Department conditions are met. 2. Land and Water Conservation Office shall be notified once a year when the storage facilities are empty to allow inspection of the clay liner and wear gauges. 3. The 590 Plan must be updated annually by a certified crop consultant to address all animal waste and all spreadable acreage, if the annual review shows that there is not sufficient land for spreading, animal units will have to be reduced to accommodate spreadable acres. 4. Groundwater monitoring wells are not required at this time, but may be required in the future if warranted. 5. The maximum number of animal units that is allowed under this permit is 635. This number should be reflected on the 590 Plan. 6. The manure storage facility must be sized to accommodate additional animal waste and should be adjusted for any decrease in storage from the county. 7. An emergency action plan shall be submitted to the Land and Water Conservation Office. 8. The manure storage facility shall be designed to contain any over topping that may occur on the Luckwaldt property. 9. 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 permit before starting or completing construction on the project. The following vote was taken to approve: Golz, yes; King, yes; Wert, yes; Peterson, yes; Chairperson Speer, yes. All in favor. Motion carried. 13 Motion by Wert, second by King to adjourn. Meeting adjourned at 3:15 p.m. Respectfully submitted, Brian Wert, Secretary Debbie Murphy, Recor g Se tary i 14