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HomeMy WebLinkAboutBoard of Adjustment 06-25-09 4 x ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, June 25, 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: July 23, 2009 E. UNFINISHED BUSINESS 1. Brian Colombo — Variance — Tabled May 28, 2009 2. Murr 3. Park Place storage condominiums reconsideration of condition #5, landscaping buffer. F. PUBLIC HEARINGS — See Attached G NEW BUSINESS 1. Closed session pursuant to Wisconsin Statutes 19.85(1)(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. . H. ANNOUNCEMENTS AND CORRESPONDENCE I. ADJOURNMENT (Agenda not necessarily presented in this order.) SUBMITTED BY: St. Croix County Planning and Zoning Department DATE: June 8, 2009 COPIES TO: County Board Office County Clerk Board 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, June 25, 2009, at 8:30 a.m. at the Govemment Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following requests under the St. Croix County Zoning Ordinance. The Board will view each site in question, after which the Board will deliberate and vote on the requests. SPECIAL EXCEPTION 1. APPLICANT: Doug Doornink ** *CANCELLED * ** LOCATION: SE' /4 of the SW' /4 of Section 28, T30N, R15W, Town of Glenwood ADDRESS: 2936 130' Avenue REQUEST: Special exception permit for a major home occupation for auto sales in the Ag- Residential District in the Town of Glenwood pursuant to Section 17.155 of the St. Croix County Zoning Ordinance. REVOCATION 1. APPLICANT: C.A. Richards, owner/ Sienna Corporation LOCATION: SW ' / 4 of the SE '/4 and SE '/4 of the SE '/4, Section 1,T29N -R20W, Town of St. Joseph ADDRESS: Near STH 35 ACTION: Revocation of the following items previously granted conditional approval on October 1, 2004: Item 1: Variance request for filling and grading on slopes greater than 12% in the St. Croix Riverway District pursuant to Section 17.36(5)(1) Item 2: Special Exception request for land division in the St. Croix Riverway District pursuant to Section 17.36(5)(a) 1. Item 3: Special Exception request for filling and grading in the St. Croix Riverway District pursuant to Section 17.36(6)(a)3. Item 4: Special Exception request for filling and grading on slopes in excess of 20% pursuant to Section 17.15(6)(t). Item 5: Variance request to remove vegetation to gain access to a parcel of land in the St. Croix Riverway District pursuant to Section 17.36(5)(k)1. All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the St. Croix County Planning and Zoning Department, Hudson, Wisconsin at (715) 386 -4680. Clarence W. Malick, Chairperson St. Croix County Board of Adjustment AMENDED BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES June 25, 2009 The meeting was called to order by Chairperson Clarence "Buck" Malick at 8:35 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 County Land and Water Conservation Department and Monica Lucht, Recorder. Staff confirmed to the Board that this was a properly noticed meeting. The next meeting for the Board is scheduled for Thursday, July 23, 2009 at 8:30 a.m. in the County Board Room of the Government Center in Hudson. New Business ***Minutes amended as stated. ➢ Malick announced that the Board would consider going into closed session pursuant to Wisconsin State Statutes 19.85(1)(g) to confer with legal counsel concerning strategy to be adopted by the Board with respect to litigation in which it is involved. Motion by Peterson, second by Nelson at 8:37 a.m. to go into closed session pursuant to Wisconsin State Statutes 19.85(1)(g) to confer with legal counsel concerning strategy to be adopted by the Board with respect to litigation in which it is involved. Motion passed unanimously. Motion by Nelson, second by McAllister at the August 27, 2009 meeting to approve the amendment to the June 25, 2009 minutes. Motion passed unanimously. Motion by Hurtgen, second by Nelson to reconvene at 8:50 a.m. Motion passed unanimously. Unfinished Business Brian Columbo — Tabled Variance Application On May 28, 2009 the Board of Adjustment (Board) tabled its decision on the applicant's variance request to expand an existing legal nonconforming year -round residence situated on a riparian lot along the St. Croix River. The parcel shape and site topography limit the buildable area to approximately 0.86 acres bounded on three sides by steep slopes. The applicant has submitted revised plans for construction of a second story addition that can meet all of the standards contained in 17.36.I.e.1) except the 40 foot setback, this due to the house foundation at its closest point being 19 feet from the bluffline. The proposed addition will not exceed the height limitations in Sections 17.36.G.4 and 17.13(3) and the applicant's plans that will not expand the existing foundation footprint. Staff presented the application and staff report. The Town recommended approval of the variance application for expansion of a non - conforming structure in an e -mail dated May 12, 2009. St. Croix Land and Water Conservation Department representative, Steve Olson, has been sent the revised construction plans and photos for review. His comments and recommendations may be added to the record during the Board of Adjustment hearing. Wisconsin Department of Natural Resources Carrie Stoltz and Dan Baumann have been sent the revised construction plans and photos for review. Their comments and recommendations may be added to the record during the Board of Adjustment hearing. Staff recommended approval based on 11 findings of fact and conclusions of law with eight conditions for consideration. Brian Colombo signed an oath and spoke in favor of the request. He reiterated the different second story balloon heights at 33', 35', and 39' respectively, and stated at 250 feet out on the river, the structure would be impossible to see. He stated the stormwater has been addressed concerning the infiltration trench. Steve Olson, St. Croix County Land and Water Conservation Department, stated he hasn't seen the calculations yet so he was unable to comment. He would be fine with the condition to work with the applicant on the calculations. No one testified in opposition. Pubfic Hearings Revocation #1 C.A. Richards /Sienna Corporation, Sunset Landings The requests were part of a proposed 9 lot subdivision located in the Riverway District in the Town of St. Joseph. The three special exception permits and two variances were conditionally approved on November 1, 2004. All five of the above approvals were conditioned on receiving all proper permits from the Wisconsin DNR, including a Chapter 30 permit for proposed filling and grading. Staff presented the revocation and staff report. Staff recommended revocation of the three special exception requests, items #2, 3, and 4 and revocation of the two variances, items #1 and #5 based on 4 findings of fact and conclusions of law. Nelson asked the question why the DNR would not issue the Chapter 30 permit. Ron Carlson, from the St. Croix Scenic Coalition, signed an oath and spoke in favor of the revocation. He read a letter stating this non -profit organization is dedicated to improving and preserving the scenic qualities of the St. Croix River Valley. They do not oppose appropriate development of bluffland, but were strongly opposed to aspects of the development that violated the intent of zoning ordinances and Wisconsin rules and statutes intended to protect shoreland and bluffland. He indicated it's important now that the Board revoke all implications of past approvals so a fresh start for any development plan is assured. Fred Buttka signed an oath and spoke in favor of the revocation. He commented that he has been fighting for the last five years with the applicants. He felt the applicants were 2 saying anything to get this development approved. He strongly hopes the Board revokes the permits and never gives anything to the applicants again. Bob Baczynski, Wisconsin DNR, signed an oath and spoke in favor of the revocation. He stated that the denial of the Chapter 30 permit is complete and that there is no other avenue of appeal. Baczynski then gave an answer to Nelson's earlier question stating the permit was denied because of filling of the ravine and the road crossing. No one testified in opposition. The Board took a break at 9:20 a.m. The Board reconvened at 9:30 a.m. Decisions After hearing the testimony and reviewing the material in the record, the Board rendered the following decisions: Revocation #1 C.A. Richards /Sienna Corporation Sunset Landino Motion by McAllister, second by Peterson for revocation as worded by staff based the following findings of fact and conclusions of law: 1. The applicant is Sienna Corporation, agent for C.A. Richards. 2. The site is located SW '/ of the SE '/ and SE '/ of the SE '/, Section 1, T29N- R20W, Town of St. Joseph, St. Croix County, Wisconsin. 3. Condition number 2 from the BOA decision dated November 1, 2004 stated that; "Before this permit is valid, the applicant shall obtain the proper permits and address concerns outlined by the Wisconsin DNR in two e -mails dated September 28, 2004 ". 4. The three special exception permits and two variances were conditionally approved on November 1, 2004. All five of these approvals were conditioned on receiving all proper permits from the Wisconsin DNR, including a Chapter 30 permit for proposed filling and grading. Since the Chapter 30 permit was not issued by the DNR and the court case against the DNR was dismissed with prejudice, the applicants have no other avenue of appeal for this proposal. Therefore, one of the significant conditions for the conditional approval of the two variances and three special exception permits can not be met. Motion carried unanimously. Brian Columbo — Tabled Variance Application Motion by Nelson, second by Peterson to approve variance for expansion of non - 3 conforming structure 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 recommended approval of the variance application for expansion of a non - conforming structure in an e -mail dated May 12, 2009. The e- mail was included as Exhibit #4 in the May 28, 2009 staff report. 4. The St. Croix County Land and Water Conservation Department representative, Steve Olson, Rural Land Specialist, reviewed the revised variance application and commented that it appears there will be a net increase of impervious coverage of the site with the addition of a porch on the front of the house. In the event the Board approves the variance application, the LWCD recommends the applicant provide a stormwater management plan consistent with 17.36.H.7.d. and record an affidavit describing the approved stormwater management plan and maintenance consistent with 17.36.H.7.g. 5. The Wisconsin Department of Natural Resources representative, Carrie Stoltz, Water Regulations, commented: If Mr. Colombo chooses to expand by adding an additional story, the Department is ok with that, provided the building will meet the 35' height requirements, will remain inconspicuous from the river, and will remain within the existing footprint so the new addition will not encroach upon bluffline and slope preservation zone setbacks and any other setback requirements. 6. The applicant originally filed an application with the Board of Adjustment for a variance to the 40 foot setback from the bluffline for expansion of an existing legal, nonconforming residence pursuant to Section 17.36.I.e.1) of the St. Croix County Zoning Ordinance. On May 28, 2009, the Board tabled its decision to allow time for revision of proposed construction plans and to obtain recommendations from the Land & Water Conservation Dept. and WI DNR regarding the option to expand the house upward rather than encroaching any further into the 40 -foot bluffline setback The applicant now proposes to construct a second -story addition onto the house that will meet height restrictions pursuant to Sections 17.36.G.4 and 17.13(3) and will not increase the existing foundation footprint or encroach further into the 40 -foot bluffline setback area. 7. When determining whether an unnecessary hardship exists, the Board of Adjustment must identify unique physical characteristics of the property that would otherwise prohibit the applicant from using the property for a permitted purpose, and then weigh the burden placed on the applicant in meeting the requirements of the Ordinance against the public interests being protected. The house was constructed within the bluffline setback prior to the federal Lower St. 4 Croix River Act of 1972 and is a legal nonconforming structure, thus the hardship was not self - created by the property owners. 8. This request would not be contrary to the public interest, which is to prevent soil erosion, maintain property values, and preserve and maintain the exceptional scenic, cultural, and natural characteristics of the water and related land of the Lower St. Croix Riverway. With the conditions to redirect existing roof gutter discharge away from the riverward slopes and infiltrating runoff from new impervious surfaces, to protect existing trees along the bluffline to maintain slope stability, and to plant trees and /or shrubs capable of screening the structure from the riverward side, the exceptional scenic, cultural, and natural characteristics of the Riverway would be preserved and maintained. 9. Literal enforcement of the provisions of the Ordinance would create an unnecessary hardship due to the unique physical characteristics of the property. The buildable portion of the parcel is small (36,600 sq. ft.) and a majority of the parcel consists of slopes in excess of 25 percent, which is a slope preservation zone where expansion of a nonconforming structure is prohibited. These site characteristics were not self - created by any actions of the property owner. 10. The applicant is requesting minimal relief from the standards in the Ordinance. The existing structure and proposed second -story addition meet the requirements in Section 17.36.I.2.e.1) with the exception of the 40 -foot setback from the bluffline. The proposed expansion will not exceed the maximum height of 35 feet nor will the alteration exceed the 2000 square foot maximum footprint specified in 17.36.I.2.e.1)i). With the following conditions: 1. This variance will allow the applicant to construct a second -story addition on an existing nonconforming principal structure in the Riverway District, whose foundation encroaches 21 feet within the 40 -foot bluffline setback in accordance with the plans submitted on June 15, 2009, and as provided in the conditions below. This approval does not include any additional structures, impervious coverage, filling and grading, or other activities. 2. 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 sanitary permit for the replacement POWTS approved in Condition #1 of the Board of Adjustment Decision filed June 1, 2009. 3. Prior to commencing any construction activities, the erosion control measures specified in Conditions #5 and #8 of the Board of Adjustment Decision filed June 1, 2009 shall be installed and maintained until the entire site has been stabilized 5 with permanent native vegetation consistent with the approved vegetation management plan. 4. In compliance with activities specified in Condition #8 of the Board of Adjustment Decision filed June 1, 2009, the applicant will redirect roof gutter discharge away from the riverward slopes, infiltrate runoff from all impervious surfaces, protect existing trees along the bluffline to maintain slope stability, and plant trees and /or shrubs capable of screening the structure from the riverward side. 5. 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. 6. 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. 7. 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 proper notice to the applicant and an opportunity for a hearing. 8. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. Motion carried unanimously. Minutes Motion by Peterson, second by Nelson to approve the amended May 28, 2009 minutes. Motion carried unanimously. The meeting was adjourned by the Chair at 10:10 a.m. Respectfully submitted, Sue Nelson, Secretary Monica Lucht, Recording Secretary 6