HomeMy WebLinkAboutBoard of Adjustment 05-28-09 A
ST. CROIX COUNTY BOARD OF ADJUSTMENT
Thursday, May 28, 2009
8:30 a.m.
Government Center, Hudson, Wisconsin- County Board Room
AGENDA
A. CALL TO ORDER/ ROLL CALL
B. OPEN MEETING LAW STATEMENT
C. ACTION ON PREVIOUS MINUTES
D. DATE OF NEXT MEETING: June 25, 2009
E. UNFINISHED BUSINESS
1. Tammec Pit — Amend findings to include master plan.
2. Roger & Judith Kubera — After - the -fact Special exception — Delayed April 28, 2009
3. James Swan — Special Exception/Variance- Tabled December 18, 2008
4. Gary Elert —Denial Decision * **
5. Murr Riverway Discussion
F. PUBLIC HEARINGS — See Attached
G NEW BUSINESS
1. Closed session pursuant to Wisconsin Statutes 19.85(l)(g) to confer with legal counsel
concerning strategy to be adopted by the Board with respect to litigation in which it is
involved. Reconvene in open session. .
2. Revocation of Sunset Landings Special Exception permit and Variances.
3. Annual election of officers
H. ANNOUNCEMENTS AND CORRESPONDENCE
I. ADJOURNMENT
(Agenda not necessarily presented in this order.)
SUBMITTED BY: St. Croix County Planning and Zoning Department
DATE: May 21, 2009
COPIES TO: County Board Office County Clerk
Board Members News Media/Notice Board
*CANCELLATIONS /CHANGES /ADDITIONS
ORIGINAL
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
May 28, 2009
The meeting was called to order by Chairperson Clarence "Buck" Malick at 8:30 a.m. A
roll call was made. David Peterson, Joe Hurtgen, Jerry McAllister, and Sue Nelson were
present. Staff included: Kevin Grabau, Code Administrator; David Fodroczi, Planning
& Zoning Director; Pam Quinn, Zoning Specialist; Alex Blackburn, Zoning Specialist;
Steve Olson, St. Croix Count Land and and Water Conservation Department, and Becky
Eggen, Recorder.
Staff confirmed to the Board that this was a properly noticed meeting.
The next meeting for the Board is scheduled for Thursday, June 25, 2009 at 8:30 a.m. in
the County Board Room of the Government Center in Hudson.
Unfinished Business
Tammec LLC
Staff asked the Board to amend Condition #3 of the original decision, dated April 27,
2009, to state the renewal of the special exception permit for the non - metallic mining
operation and the long -range comprehensive plan.
Candy Anderson, geologist for Milestone, signed an oath and spoke in favor of the
request. She stated the long range master plan was submitted and approved with their
original permit. She testified the April 27, 2009 decision stated they would only be
allowed to move around in phases one and two where the long range master plan allows
them to move around in all the phases as long as there are only 20 acres or less open at
any given time.
No one testified in opposition.
Motion by Hurtgen, second by Nelson to amend Condition #3 of the April 27, 2009
decision.
Motion passed unanimously.
Application #1: P & P Properties of Somerset Special Exception
The applicants requested renewal of a special exception permit for a non - metallic mining
operation that was issued in April of 2004. The application is to operate sand and gravel
pit in the Town of Somerset.
Staff presented the application and staff report. The Town of Somerset recommended
approval of the request. St. Croix Land and Water Conservation Department reviewed
the application and recommended approval of the request. Wisconsin Department of
Natural Resources was sent a copy of the application for review but did not submit
comments for the Board's review. Staff recommended approval based on 12 findings of
fact and conclusions of law with 13 conditions for consideration.
Bob Jewell, Kraemer Company, signed an oath and spoke in favor of the request. He
testified they have back -up alarms as they are required to have them. He stated, to the
best of his knowledge, there have been no complaints on the operation. He said he would
like a five year renewal, however, he feels the mine will be reclaimed in three years, but
with the current economy he is not sure if it will be completely reclaimed in three years.
He stated once the mine is reclaimed the owner of the property will use the land for
commercial sites.
Roger Osegard, onsite manager, signed an oath and spoke in favor of the request. He
stated there are a couple of projects scheduled for this year, but nothing too large. He
testified they did work with the construction of the New Richmond School District last
year. He is on -site and always available for questions.
No one testified in opposition.
Application # 2• Brian D Colombo — Special Exception & Variance Adden
The applicant requested a special exception permit for filling and grading within 40 feet
of a slope preservation zone, special exception permit to construct a lift, and a variance
for expansion of a nonconforming principle structure in the Lower St. Croix Riverway
Overlay District in the Town of St. Joseph
Staff presented the staff report. The Town of St. Joseph recommended approval of the
Special Exception for filling and grading within 40 feet of the bluff line. A comment
from the Plan Commission specific to erosion control is to include a condition for a plan
to be put in place to stabilize the old trail down to the river. The Town also
recommended approval of the Special Exception Addendum for a lift to river and the
County Variance Application for expansion of a non - conforming structure. St. Croix
County Land and Water Conservation Department reviewed the stormwater and
vegetation plans that were submitted on May 19, 2009 and did not object to the
replacement sanitary system or lift but did not support the house addition in the location
proposed. If the Board approved the variance, the applicant would need to incorporate
erosion control and stormwater management plans. Wisconsin Department of Natural
Resources reviewed the application and had the following comments and concerns:
• The Department had no concerns with the issuance of a Special Exception Permit
to grade within 40 feet of the bluff line in order to replace the existing sanitary
system provided the site has proper erosion control measures and will be re-
vegetated with natural vegetation.
• The Department also had no issues with the lift installation provided it meets the
requirements in NR118.07 (8).
• Concerned with the existing house may be in the slope preservation zone and
expansion would be prohibited.
• Concerned with lot size being >7,000 square feet and whether or not mitigation
plan, erosion control and re- vegetation plans were submitted.
• Concerned that meeting the bluff line setback pursuant to the ordinance is a
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hardship or not. The Colombo's must prove that physical limitation of the
property exists as the underlying cause of a hardship. If there are no property
limitations that prevent developing in compliance with the ordinance, such as
wetlands, steep slope or parcel shape, a variance cannot be granted.
• Concerns regarding the size of the existing home and whether it is 2- stories in
height.
The Department believes the Colombos request for a variance for a larger home does not
constitute an unnecessary hardship and should be denied. William and Janne Maravelas,
adjacent landowner, expressed concern with proper construction techniques being used to
protect their property from water runoff and erosion during and after construction. They
had no objections to the proposed plans. Staff recommended approval based on 17
findings of fact and conclusions of law with 14 conditions to consider.
Brian Colombo signed an oath and spoke in favor of the request. He testified vegetation
would be all around the tram path. He stated the St. Croix County Land and Water
Conservation Department suggested Class 3 erosion control measures. He stated he
looked at all the options to expand his structure. The DNR and Town Commission
suggested building up to avoid excavation. He said he was trying to eliminate the visual
standout from the River if he built up. He testified he was open for suggestions and if the
setback is more important than the visual aspect, he would look into building up. He
stated he felt the hardship he was proving for his variance was the topography of the site
and the rules of the ordinance and where his original structure is located on the site.
Dan Bauman, Wisconsin Department of Natural Resources, signed an oath and spoke in
regard to the request. He had questions regarding the bluffline. He stated it would
change the variance to filling and grading in the slope preservation zone rather than
bluffline. He testified the lines on the paper didn't give enough information in regards to
the bluffline. He asked the Board to take a closer look at the bluffline when they visited
the site. He felt "the one option the applicant could do is build vertically and then no
hardship would have to be proven ". (SIC)
Steve Olson, St. Croix County Land and Water Conservation Department, stated he
thought the slope might be greater than 12% and thought there might be 1200 square feet
to build on if out of the slope preservation zone.
No one testified in opposition.
Application #3: Thomas & Kathleen O'Leary
The applicants and their agent requested a special exception for a limited commercial
recreational activity and an amendment of a special exception permit approved by the
Board of Adjustment on June 23, 2005 to exceed the number of animal units on Lot 1 of
English Estates Subdivision in the Ag- Residential District in the Town of Troy. The
applicants wish to amend the special exception permit to allow up to 25 horses to be
housed in the existing barns on lot one.
Staff presented the application and staff report. The Town of Troy's Plan Commission
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visited the site on April 25 and on May 14 The Town Board recommended the
County not to approve the special exception for limited commercial recreational activity
and for the number of animal units because it far exceeds the animal unit density that
would normally be permitted in what is now a residential area. Also, there are not nearly
enough acres to house that many animals, no specific number of animals listed on the
application and they don't have permission to use the adjoining 4.3 acre outlot. During
the Town Board Meeting the following concerns were expressed:
• Allowing 32 horses on 3.5 acres is about an animal per 1 /10 acre. They have
several horse farms in Troy and they are concerned others will seek higher animal
density. How would the County address future applications if the application
were to be approved?
• The LeFever's application encompasses 3.5 acres. Even if they obtain use rights
to the adjoining 4.3 acre outlet, when that agreement expires, they have a
refurbished horse training business with reduced support acres.
• Does County have the staff and resources to ensure that all conditions of the
permit are met on a routine basis? If operating hours, traffic, manure removal and
run -off become issues, how quickly can non - compliance be resolved?
St. Croix County Land and Water Conservation Department reviewed the application and
had concerns with the proposed waste storage location and use. First, the waste (manure
and soiled bedding) will be temporarily stored between two roof lines, yet covered. The
Department would like further details on the proposed temporary storage. In addition,
recommended all waste storage containment be consistent with the Natural Resource
Conservation Service Standard 313 (setbacks to wells, storage liner etc.) The Department
recommended the applicant provide a contract or nutrient management plan or some form
of documentation that the waste will be utilized properly. St. Croix County Highway
Department reviewed the request and noted while the fire number address is 389 County
Road F, the property access is off of South Fork Drive and it is unlikely the property will
ever have a direct access onto or off of County Road F. The Highway Department had no
position on the matter. Wisconsin Department of Natural Resources reviewed the request
and determined no Chapter 30 permit would be needed. Staff recommended approval
based on 17 findings of fact and conclusions of law with 14 conditions for consideration.
Don LeFever signed an oath and spoke in favor of the request. He stated manure will not
touch the ground on the property as he will be using a hydraulic pump and he has a few
lots that want the manure. He stated the manure can be taken care of five or seven days a
week. He testified he would provide documentation of the agreements with the land
owners where the manure can be spread when they are needed. He said there will only be
one or two horses out on the out lot at a time. He stated the manure is just an added
expense which will allow him to use all of the land with the number of horses he is
requesting rather than having to purchase more acreage. He said he will purchase the
land once all the correct permits have been issued. LeFever testified no one will be
riding their horses on the out lot and no horses will be outside overnight. He stated he
plans to get the buildings done before the horses show up. He has the lease on his current
buildings until November of this year. He testified he is okay with a conditional permit
based on an inspection of the buildings before any horses can be housed on the property.
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Craig Collins, President of English Estates Homeowner Association, signed an oath and
spoke in favor of the request. He testified horses could still be pastured on the out lot.
He stated when Kernon Bast purchased the land from the O'Learys, it was the intent to
have horses in the outlot. LeFevers put horses on the outlot and have kept the lot looking
very nice. He stated the Homeowner's Association is very supportive of the LeFever's
proposal. He stated they could reverse the deed and put the usage of the out lot usage
back into the homeowners association so the homeowners would have the ability to
review the usage of the outlot to make sure it is in compliance with what was agreed
upon compared to how it was prior and they would have to go to court if they were not in
compliance and they would amend the homeowners association by -laws so the out lot
usage is acceptable. He testified they have not gotten signatures yet on the documents, as
they are waiting for the approval from the County and when the LeFevers purchase the
property.
Connie Ruppert, Vice President of the English Estates Homeowners Association, signed
an oath and spoke in regard to the request. She stated she attended the Town of Troy's
Zoning meeting and they had an over all favorable recommendation subject to manure
removal and who would enforce the conditions
No one spoke in opposition.
The Board took a short break at 10:19 a.m.
The Board reconvened at 10:26 a.m.
Unfinished Business
Ro er & Judith Kubera — After-the-fact Special Exception
At the April 23, 2009 Board of Adjustment meeting, the Board honored the applicants'
request to delay presentation of the staff report due to a health emergency that prevented
the applicants to attend the meeting. The applicants had requested an after - the -fact
special exception for filling and grading an area exceeding 10,000 square feet in the Ag-
Residential and Shoreland District of Twin Lakes in the Town of Warren.
Staff presented the application and staff report. The Town of Warren's Town Board was
sent a copy of the application but had not submitted any comments for the Board's
review. A copy of the Plan Commission's minutes dated October 6, 2008 addressed the
question of driveway and culvert installation. The applicants were issued a driveway
permit and may, at this time, be exempt from town driveway requirements pursuant to
Warren Town Ordinance. St. Croix County Land and Water Conservation Department
reviewed the permit and had the following comments for consideration:
• Recommended the applicant provide a stormwater management plan for the
proposed drive that meets the standards found in the St. Croix County Ordinance
17.29(2)(c )3;
• The applicant needs to submit an erosion control plan that spells out where
erosion control practices will be installed, not just general comments that
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practices will be used;
• The proposed land disturbance through the 25% slope is an ordinance violation
and the LWCD does not support the practice;
• The plan needs to be more specific on the orange area (Phase 4) as to exactly what
is planned with the culvert inlet and outlet invert elevations;
• The plan needs to address grading activities and erosion control on all of the steep
cut banks that are currently eroding and un- vegetated;
• The plan needs cross sections and profiles to demonstrate how grading activities
will tie into existing ground elevations.
Wisconsin Department of Natural Resources commented if the grading is within 300'of
the OHWM of Twin Lake and exceeds 10,000 square feet, or if the difference in
elevation between pre -and post - construction contours exceeds five feet within the bank
area, a permit for grading will be needed from the Department. No cross sections were
enclosed with the permit application, so it was uncertain if a permit would be needed.
Staff recommended tabling the request and requested additional information including:
Stormwater management plan and design specifications for the installation of the culvert
within the easement.
Roger Kubera signed an oath and spoke in favor of the request. He testified there have
been ongoing issues on driveways. He stated the issues started when he applied to sub-
divide a 20 acre parcel. He said he purchased the land because of the issues about the
easement right -of -way, and with the purchase of the land he also purchased the
easement's right -of -way as well. He stated there are three parties that have access to the
66 foot easement right -of -way. Kubera testified the driveway is installed and is
acceptable currently, however, the Town changed the regulations and the driveway would
need to be upgraded if a structure was put on the property. He said he asked for a
driveway permit, asked to have no more excavating done by the Andersons, and got an
attorney involved, and there is still no resolution. He said his after - the -fact permit is for
the filling and grading that Don Anderson was not allowed to complete. He is asking to
complete the disturbed area that was done by the Andersons and to re- establish the field
driveways along the easement. He testified he had done some excavation work, but it
was done a number of years ago. He said he would like to build a garage on the top of
the hill and would need a retaining wall to allow proper elevation to bring the driveway
around and it would need the least amount of excavating work. He stated he wants to
restore the area in the 25% slopes and build a retaining wall on top of the hill.
Don Anderson, adjoining neighbor, signed an oath and spoke in opposition to the request.
He testified the silt fence to the south was installed when he applied for his own special
exception permit and he has the authority to remove it at anytime. He stated Phase 1 is
part of the civil lawsuit. He said the DNR required him to get a 216 permit and he would
assume that Kubera would need to obtain one as well. He testified he has had a driveway
permit for 3 years but had to stop. He said 2001 was the first time any bulldozing took
place by the Kuberas. He stated he is concerned with the stabilization of his south
property line. He testified he is not opposed to property owners using their own land as
long as it is within the means of the code.
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New Business
Sunset Landin Revocation of Special Exception & Variances
The Department of Natural Resources denied their permit; as the Special Exception
permit required them to obtain all necessary permits before the Special Exception permit
and variance would be valid.
Motion by Peterson, second by McAllister to schedule a June 25, 2009 revocation
hearing. Motion carried unanimously.
Minutes
Motion by Peterson, second by Nelson to approve the April 23, 2009 minutes as
distributed. Motion carried unanimously.
The Board recessed for lunch & site visits at 11:45 a.m.
The Board reconvened at 2:18 p.m.
Decisions
After hearing the testimony and reviewing the material in the record, the Board rendered
the following decisions:
Application #1• P &P Properties Special Exception
Motion by Nelson, second by Peterson to approve the renewal of a special exception
permit for a non - metallic mining operation based on the following findings of fact and
conclusions of law:
1. The applicants and property owners are P and P Properties of Somerset LLC.
Robert Jewell of the Kramer Company is the agent.
2. The site is located on Parent Street in sections 2 and 3, T3 ON, R19W, Town of
Somerset, St. Croix County, Wisconsin.
3. The applicants filed with the Board of Adjustment an application to renew a
special exception permit for a non - metallic mining operation pursuant to
Section 17.15(6)(g) of the St. Croix County Zoning Ordinance and subject to
Section 14.3 A. l .d. and the other provisions of the St. Croix County
Nonmetallic Mining Ordinance. The applicants request to remove
approximately 10,000 to 20,000 cubic yards per year of sand and gravel.
4. A performance bond for reclamation of the site for $46,500.00 has been on file
since 6 -16 -2004.
5. This request would not violate the spirit or general intent of the Ordinance
since nonmetallic mining is a permitted use in the Ag Residential District and
is an industry that contributes to the County's economic well being, and the
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site will be covered with soil, seeded and then converted into a subdivision
upon final reclamation.
6. No mining is proposed below the groundwater table. All storm water will be
managed on site. This site will be seeded down and converted into a
subdivision upon reclamation. With conditions restricting any mining below
the groundwater elevation, managing storm water runoff, maintaining the
100 -foot buffer except where the variance was granted, limiting hours of
operation and implementing the reclamation plan. This request for continued
mining operation would not be contrary to the public health, safety, or
general welfare or be substantially adverse to property values in the
surrounding neighborhood.
7. There is a 100 -foot buffer around most of the active mining area. There is no
smoke or odors generated. Dust control measures will be implemented.
With conditions to maintain the 100 foot buffer except where the variance
was granted along with implementing dust control measures. This request for
continued mining operation would not constitute a nuisance by reason of
noise, dust, smoke or odor.
8. The proposed operation and reclamation plans comply with the provisions of
Chapter 14, the St. Croix County Nonmetallic Mining Ordinance.
9. The Town of Somerset has reviewed the request and has recommended
approval.
10. The Land and Water Conservation Department has reviewed the application
and recommended renewal of this application.
11. The Wisconsin Department of Natural Resources has been sent a copy of the
application and did not submit any comments.
With the following conditions:
1. This special exception approval allows applicants to mine approximately
10,000 to 20,000 cubic yards per year of sand and gravel. Approval does not
include any change or expansion in area or operations. This approval is valid
for a period of five years and expires in May 2014, after which time it must
be renewed pursuant to Section 14.3 A.6.a -b of the St. Croix County
Nonmetallic Mining Ordinance.
2. The mining operation shall not extend into the groundwater
3. Storm water shall be managed on -site.
4. The 100 -foot buffer shall be maintained except where the variance was
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granted.
5. Hours of operation shall be 6:00 am to 10:00 pm Monday through Saturday.
6. Reclamation plans shall be followed to reclaim areas once mining operations
are complete.
7. Dust control measures shall be implemented.
8. Upon complaints of regularly occurring, excessively loud noise or complaints
of dust at any time, the applicants shall work with the Zoning Administrator
to abate the problem. In the event that the matter cannot be resolved
administratively, the matter shall be taken before the Board of Adjustment at
a public hearing.
9. The applicants shall be responsible for adhering to all local, state, and federal
rules, regulations, and permits during the life of the operation.
10. Upon any change in ownership or operation of the mine, the applicants shall
submit to the Zoning Administrator the name and contact information of the
owner and primary mine operator. The operator shall comply with all of the
general requirements and conditions listed in the nonmetallic mining and
reclamation standards in Chapter 14 — Nonmetallic Mining Ordinance (unless
varied per conditions).
11. Any minor change (or addition) in area or use beyond what is shown or
indicated in the plans shall require prior review and approval by the Zoning
Administrator. Major changes shall require the special exception approval
process, as stated in the Ordinance.
12. These conditions may be amended or additional conditions may be added if
unanticipated circumstances arise that would affect the health and /or safety of
citizens or degrade the natural resources of St. Croix County. Conditions will
not be amended or added without notice to the applicant and an opportunity
for a hearing.
13. Accepting this decision means that the applicants and all property owners
have read, understand, and agree to all conditions of this decision.
Motion carried unanimously.
Unfinished Business: R040er & Judith Kubera — After - the -fact Special Exception
Motion by Hurtgen, second by McAllister to table the after - the -fact special exception
application for filling and grading an area exceeding 10,000 square feet in Shoreland
District of Twin Lakes as the Board will not have an opportunity to review grading plans
and a stormwater management and erosion control plan that addresses the concerns
expressed by the St. Croix County Land and Water Conservation Department and from
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the Wisconsin Department of Natural Resources until the court case is concluded.
Motion carried unanimously.
Application #2• Brain Colombo — Special Exception & V
Motion by McAllister, second by Nelson to approve the special exception for filling and
grading within 40 feet of a slope preservation zone and a special exception to construct a
lift in the Lower St. Croix Riverway and to table the variance for expansion of a
nonconforming principal structure in the Lower St. Croix Riverway based on the
following findings of fact and conclusions of law:
1. The applicant is Brian Colombo, property owner.
2. The site is located on Gov't. Lots 3 & 4, being Lot 1 and part of Lot 2 on CSM
9/2550 in Section 22, T28N, R20W, Town of St. Joseph, St. Croix County, WI.
3. The Town of St. Joseph recommends to the county approval of the Special
Exception Application for filling and grading within 40 ft. of bluff line. A
comment from the Plan Commission specific to erosion control is to include a
condition for a plan to be put in place to stabilize the old trail down to the river.
The Town recommends approval of the Special Exception Addendum for a lift to
river and the County Variance Application for expansion of a non - conforming
structure.
4. The Land and Water Conservation Department supports the special exception
request for replacement of the existing POWTS and for the tram path, as long as
minimal clearing and land disturbance takes place and the existing path is
permanently abandoned and restored with native vegetation. The department
does not support the variance for the addition to the nonconforming structure
within the 40 -foot setback of the bluffline. In the event the Board approves the
variance, conditions must be included that ensure adequate erosion control and
stormwater management for the site.
5. The Wisconsin Department of Natural Resources representative has reviewed the
plans and had the following comments:
• The Department has no concerns with the issuance of a Special Exception
Permit to grade within 40' of the bluff line in order to replace the existing
sanitary system provided the site has proper erosion control measures and will
be re- vegetated with natural vegetation.
• The Department also has no issues with the lift installation provided it meets the
requirements in NR 118.07(8).
• Concern that the existing house may be in the slope preservation zone and
expansion would be prohibited.
• Concern regarding lot size >7,000 sq. ft. and whether or not a mitigation plan,
erosion control and revegetation plan were submitted.
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• Concern expressed that "meeting the bluff line setback pursuant to the
ordinance is not a hardship. The Colombos must prove that a physical limitation
of the property exists as the underlying cause of the hardship. If there are no
property limitations that prevent developing in compliance with the ordinance,
such as wetlands, steep slope or parcel shape, a variance cannot be granted."
• Concern regarding the size of the existing home and whether it is 2- stories in
height.
• Final comment that "The Department believes the Colombo's request for a
variance for a larger home does not constitute an unnecessary hardship and
should be denied ".
Item #1: Special Exception Permit for filling and grading within 40 feet of a slope
Preservation zone in the Lower St Croix Riverway District
The Board finds the following facts and conclusions of law pertinent to the request
labeled Item #1:
6. The applicant filed with the Board of Adjustment an application for a special
exception permit for filling and grading within 40 feet of a slope preservation
zone in the Lower St. Croix Riverway District in order to install a replacement
POWTS for an existing legal, nonconforming residence pursuant to Section 17.36
F.3.a.5) and subject to the performance standards in Section 17.36 H.5 and
17.36.H.9 of the St. Croix County Zoning Ordinance. The applicant proposes to
disturb an area of approximately 1,700 square feet to excavate for a septic tank,
dose tank and two 3' x 184' wastewater dispersal cells. Only the tanks and a
trench for the forcemain will be within 40 feet of a slope preservation zone.
7. An existing shed will be removed to install the replacement POWTS in a portion
of the yard. The project will not entail the disturbance of any wetlands, nor will it
add impervious coverage or change the drainage of the site. With conditions for
protecting existing trees, replacing any vegetation that is removed or that die as a
result of the replacement system with native vegetation, and properly
implementing the erosion and sediment control plan, this request will meet the
standards in Section 17.36 H.5 of the St. Croix County Zoning Ordinance.
8. This request would not violate the spirit and intent of the Lower St. Croix
Riverway District. Replacing an aging POWTS will reduce the risk of
contamination of surface water and groundwater from septic system failure. With
the conditions listed in Finding #7 above, this request would not contribute to soil
erosion and would not negatively impact the exceptional scenic, cultural and
natural characteristics of the Lower St. Croix River.
9. All equipment and materials would be brought into the site via the shared paved
driveway from Highway 35/64. For reasons in Finding #8 above, this request
would not be contrary to the public health, safety, or general welfare or be
substantially adverse to property values in the neighborhood, nor would it
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constitute a nuisance by reason of noise, dust, smoke, odor, or other similar
factors.
Item #2 (A ddendum Special Exception Permit to construct a lift) Proposed Findings
and Conclusions:
The Board finds the following facts and conclusions of law pertinent to the request
labeled Item #2:
10. According to the applicant, the proposed lift is necessary to provide pedestrian
access to the St. Croix River due to slopes exceeding 25 percent and will be the
only lift accessing the St. Croix River on the site. There is currently no other
stairway and the existing trail access to the river is causing erosion on the
riverward slope. The proposed design will not allow for the transport of boats or
other equipment, and the passenger car will not exceed the allowable dimensional
standards. Minimal tree removal will be required one foot from either side of the
passenger car to install the lift. The applicant has provided photos of the site taken
from the centerline of the St. Croix River, which indicate that the entire lot slopes
steeply toward the river with no identifiable break in topography or existing
vegetation that would make one location on the lot less visible than another. With
conditions a professional engineer certifies that the proposed lift will be
structurally satisfactory and in compliance with International Building Code
requirements and will be earth tone in color, the proposed lift will meet all design
standards stipulated in Section 17.36 H.13.a.1) -10) of the St. Croix County
Zoning Ordinance.
11. The majority of the lot riverward of the existing residence features steep slopes in
excess of 25 percent with high erosion potential. With conditions to install and
maintain erosion control measures until permanent self - sustaining native
vegetation has established and seed/replant all disturbed areas with native
vegetation upon completion of the project, erosion potential will be reduced.
12. The lower landing for the proposed lift at the base of the slope will be located
outside the floodplain of the St. Croix River, ending at the OHWM as shown in
the diagram submitted with the application. With conditions that the upper
landing must be located to allow pedestrian access while eliminating existing
trails within the slope preservation zone, the exceptional scenic and natural
characteristics of the Riverway will be preserved.
Item #3 (Variance) Proposed Findinp-s and Conc lusions:
The Board tabled this item for additional information regarding alternative plans for
expansion of the nonconforming principal structure pursuant to Section 17.70(6).
With the following conditions:
1. This special exception (Item #1) allows the applicant to install a replacement
POWTS within 40 feet of the slope preservation zone. All work shall be done in
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accordance with the conditions below. The total disturbed area for the projects
shall not exceed 2,700 square feet. Approval of the special exception permit does
not include any additional structures, vegetation removal, filling and grading, or
other activities within the slope preservation zone.
2. This special exception addendum (Item #2) allows the applicant to construct a lift
in the Lower St. Croix Riverway District in accordance with the plans submitted,
and as provided in the conditions below. Approval of this addendum does not
include any additional grading and filling, vegetation removal, structures, or
impervious coverage.
3. Prior to commencing construction, the applicants shall secure a building permit
from the Town of St. Joseph and obtain any other required local, state, or federal
permits and approvals, including but not limited to a County sanitary permit.
4. Prior to commencing construction, the applicant shall submit to and have approved
by the Zoning Administrator a site plan showing the lift with locations for upper and
lower landings along with verification from a registered professional engineer that it
will be constructed in compliance with Section 17.40 G.3.c of the St. Croix
County Zoning Ordinance.
5. Prior to commencing any excavation activities, the approved erosion control
measures shall be installed and maintained until the entire site has been stabilized
with permanent native vegetation consistent with the approved vegetation
management plan (see Condition #8 below). During construction, the smallest
amount of bare ground shall be exposed for as short a time as possible.
Temporary ground cover such as mulch shall be used until permanent native
vegetative cover is successfully established. Phosphorous fertilizers shall not be
used to establish and maintain vegetation on the disturbed area of the site, unless a
soil test confirms that phosphorous is needed.
6. Prior to commencing an excavation activities, the applicant shall submit to the
Zoning Administrator a Compliance Deposit equal to $1,275 to be held by the
Zoning Administrator until all conditions of this approval have been met, at which
time the deposit will be refunded in full along with a Certificate of Compliance.
7. Prior to commencing any excavation activities, the applicant shall submit to the
Zoning Administrator a construction timeline and contact information for all of
the excavators, landscapers, plumbers, and other contractors working on the site.
The applicant shall schedule an on -site pre - construction meeting with the Zoning
Administrator to:
• ensure that all pre - construction conditions have been met;
• ensure that all contractors involved are aware of the conditions of the
approval; and
• ensure that the applicant is aware of his roles and responsibilities as the
property owner.
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8. Within 30 days of completing the project, the applicant shall implement the
approved stormwater management and vegetation management plans, the latter as
weather allows. The plan includes:
• Installation of an infiltration trench for mitigation of runoff from
impervious surfaces.
• Repair and revegetation of the eroded trail on the riverward slope.
• A site plan showing all existing vegetation to be removed and all proposed
replacement vegetation to be planted.
• A list of replacement trees and shrubs native to the area and suitable for
stabilizing steep slopes, preventing erosion, and providing wildlife habitat.
Replacement trees shall be planted in accordance with the replacement
schedule in Section 17.36 H.81 of the St. Croix County Zoning
Ordinance. All replacement trees shall be at least two inches DBH (except
on slopes exceeding 25 percent, where one inch DBH may be substituted
to minimize disturbance) and planted no more than 12 feet apart and
parallel to the river.
9. Within 30 days of substantially completing construction, the applicants shall
record an affidavit referencing this decision, the storm water management plan,
and the vegetation management plan against the property, and provide a recorded
copy of the affidavit to the Zoning Administrator at this time. The intent is to
make present and future owners aware of the responsibilities and limitations
associated with this decision.
10. Within 30 days of completing construction, the applicants shall submit to the
Zoning Administrator certification from a registered engineer; surveyor, or the
project architect that the lift has been constructed in accordance with the approved
plans, and photographs of the property as viewed from the top of the bluff and
from the mid - channel of the St. Croix River.
11. Any minor change or addition to the project, including but not limited to design of
the project, shall require review and approval by the Zoning Administrator prior
to making the change or addition. Any major change or addition to the originally
approved plan will have to go through the variance approval process.
12. The applicant shall have one (1) year from the issuance of these approvals to
commence installation of the replacement POWTS and two (2) years to complete
it. Failure to do so may result in expiration or revocation of this decision, after
which time the applicant will be required to secure a new variance before starting
or completing the project.
13. These conditions may be amended or additional conditions may be added if
unanticipated circumstances arise that would affect the health and /or safety of
citizens or degrade the natural resources of St. Croix County. Conditions will not
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be amended or added without proper notice to the applicant and an opportunity
for a hearing.
14. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
Motion carried unanimously.
Unfinished Business: Gary Elert — Denial Decision
Motion by Malick, second by Peterson to deny the reconsideration of the after - the -fact
permit for the reasons stated in the Board of Adjustment's findings of fact and
conclusions of law and the decision. The Board declined to include a deadline as the
Board's understanding is Enforcement Staff handles that.
Motion carried unanimously.
Application #3• Thomas & Kathleen O'Leary / Don & Theresa LeFever Special
Exception and Amendment
Motion by Malick, second by Hurtgen to deny the special exception request for a limited
commercial recreational activity to operate a horse boarding and training facility in the
Ag- Residential District and to deny the amendment to special exception permit #SE0014
approved by the Board of Adjustment on June 23, 2005 for exceeding one animal unit per
acre suitable for waste utilization in the Ag- Residential District based on the following
findings of fact and conclusions of law:
1. The applicants are Thomas and Kathleen O'Leary, property owners and their
agents, Don and Theresa LeFever, who are prospective buyers of the property.
2. The applicant's 3.53 acre lot 1 of English Estates Subdivision is located at 389
Cty. Rd. F in the NW % of NE % of Section 18 T28N, R19W Town of Troy, St.
Croix County, WI.
3. The applicants' property is zoned Ag Residential.
4. Town of Troy: The Town Plan Commission visited the site on April 25 and on
May 14 the Town Board discussed the applicant's requests. The following is an
excerpt from the Town Board meeting notes: D. Pearson moved to recommend to
the county not to approve the special exception for limited commercial
recreational activity and for the number of animal units allowed per acre for
Donald & Teresa LeFever, 389 CTHF because it far exceeds the animal unit
density that would normally permitted in what is now a residential area. Also,
there are not near enough acres to house that many animals, no specific number
of animals listed on the application and they don't have permission to use the
adjoining 4.3 acre outlot. " Motion was seconded by R. Knapp. Motion passed,
all in favor. To clarify, the applicants have a deed agreement that grants the
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owner of Lot 1 English Estates permission to pasture horses on Outlot 1 and the
recorded subdivision plat allows the outlot to be used for horse pasture.
5. Land and Water Conservation Department: Steve Olson, Rural Land
Specialist, has reviewed the application and has concerns with the proposed waste
storage location and use. First, the waste (manure and soiled bedding) will be
temporarily stored between two roof lines, yet covered. The LWCD would like
further details on the proposed temporary storage. In addition, the Department
recommends all waste storage containment be consistent with Natural Resource
Conservation Service Standard 313 (setbacks to wells, storage liner etc.) The
Department also recommends the applicant provide a contract or nutrient
management plan or some form of documentation that the waste will be utilized
properly and not cause any nutrient loading or runoff on another property. The
Department would like clarification on outlot 1 as to whether or not the LeFevers
intend to pasture horses and if so how many?
6. St. Croix County Highway Department: Jeff Durkee, P.E. reviewed the request
and noted that while the fire number address is 389 Cty. Rd. F, the property
access is off of South Fork Drive and it is unlikely that the property will ever have
a direct access onto or off of Cty. Rd. F. The Highway Department has no
position on the matter before the Board.
7. Wisconsin Dept. of Natural Resources: Carrie Stoltz reviewed the request and
determined no Chapter 30 permit will be needed.
Item #1 (Limited Commercial Recreational Activity) Fin dings an Conclusions:
8. The applicant filed an application with the Board of Adjustment for a special
exception permit for limited commercial recreational use in the Ag Residential
District pursuant to Section 17.15(6)(m) of the St. Croix County Zoning
Ordinance. Specifically, the applicant wishes to establish a horse boarding and
training facility that utilizes the existing barns and riding arena.
9. The proposed use does not meet the criteria for limited commercial recreational
activities pursuant to Section 17.15(6)(m) of the Ordinance in that it is not
subordinate to the primary agricultural use. There are currently no agricultural
uses, as defined in Section 17.09, occurring on the property.
Motion carried unanimously.
Elections
Grabau presided during the election of the chair.
Peterson nominated Buck Malick as Chairperson, second by Hurtgen. No one else was
nominated. Motion carried unanimously.
Chairman Malick presided during the remainder of the elections.
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Peterson nominated Jerry McAllister as Vice Chairperson. After three calls and no further
nominations, Chairperson Malick declared McAllister as Vice Chairperson.
McAllister nominated Sue Nelson as Secretary. After three calls and no further
nominations, Chairperson Malick declared Nelson as Secretary.
The meeting was adjourned by the Chair at 4:00 p.m.
Respectfully submitted,
nj -' e
Sue Nelson, Secretary Becky E n, F,6bdrding Secretary
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