HomeMy WebLinkAboutBoard of Adjustment 07-23-09 t
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ST. CROIX COUNTY BOARD OF ADJUSTMENT
Thursday, July 23, 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: August 27, 2009
E. UNFINISHED BUSINESS
1. James Swan — After - the -fact Special Exception & after - the -fact Variance — Tabled
12/18/08
2. Murr
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: July 13, 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, July 23, 2009, at 8:30 a.m.
&t the Government 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: Fred Nitchey
LOCATION: NW' /4 of the NW' /4 of Section 3, T30N, R15W, Town of Glenwood
ADDRESS: 3009 180 Avenue
REQUEST: Special exception request to operate a car dealership in the Commercial District in the Town
of Glenwood pursuant to Section 17.18(1)(a) of the St. Croix County Zoning Ordinance.
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
DOWNAL
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
July 23, 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 and Sue Nelson were present. Jerry
McAllister was absent and excused. Staff included: Kevin Grabau, Code Administrator;
Alex Blackburn, Zoning Specialist; and Becky Eggen, Recorder.
Staff confirmed to the Board that this was a properly noticed meeting.
Minutes
Motion by Peterson, second by Hurtgen to approve the amended June 25, 2009 minutes.
Motion carried unanimously.
The next meeting for the Board is scheduled for Thursday, August 27, 2009 at 8:30 a.m.
in the County Board Room of the Government Center in Hudson.
Unfinished. Business
James Swan: After - the -Fact Special Exception and Variance — Tabled December 18
2008:
The applicant requested an after - the -fact special exception and a variance for a wooden
stairway that has been constructed in the Lower St. Croix Riverway District in the Town
of Troy. The request was tabled at the December 18, 2008 Board of Adjustment meeting
and was to be brought back before the Board when the stairs were in compliance.
Staff presented the application and staff report. The Town of Troy approved the after -the-
fact special exception permit and fined the applicant $200. The Wisconsin Department of
Natural Resources reviewed the new pictures and brought comments to the meeting. St.
Croix County Land and Water Conservation Department conducted an onsite inspection
and found the site to be stable with minimal disturbance; the stairs appeared to be screened
from the river. Staff recommended approval of the after - the -fact special exception and
variance based on 16 findings of fact and conclusions of law with eight conditions for
consideration.
James Swan signed an oath and spoke in favor of the request. He stated he had no
disagreements with the staff recommendations.
No one testified in opposition.
Public Hearings
Application #1: Fred Nitchey: Special Exception
The applicant requested a special exception to expand an existing auto repair business to
include auto sales in the Commercial District in the Town of Glenwood.
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Staff presented the application and staff report. The Glenwood Town Board recommended
approval of the request. St. Croix County Land and Water Conservation Department did
not need to review the application as there was no filling and grading. Wisconsin
Department of Natural Resources was sent a copy of the application but no comments were
received for the Board's consideration. Staff recommended approval of the request based
on 14 findings of fact and conclusions of law with 14 conditions for consideration.
Fred Nitchey signed an oath and spoke in favor of the request. He questioned the fact of
having a buffer on the east side of the property. He stated it is all field and agricultural land
and the nearest home to the property is approximately a quarter mile. He stated he would
like to delay adding a buffer until it was requested by an adjoining property owner. He also
questioned the paved surface to create a dust free surface. He said he was concerned with
the runoff created when paving the driveway. The gravel currently absorbs the water and
creates no runoff. He testified he had no other concerns with the staff report.
No one testified in opposition.
Decisions
After hearing the testimony and reviewing the material in the record, the Board rendered
the following decisions:
James Swan: After - the -Fact Special Exception and Variance — Tabled December 18,
2008:
Motion by Nelson, second by Peterson to approve the after - the -fact special exception
permit for a stairway and an after - the -fact variance to locate a landing L2 at an elevation
of 704.9 feet for stairway in the Lower St. Croix Riverway in the Town of Troy based the
following findings of fact and conclusions of law:
1. The applicant is James Swan, property owner.
2. The site is located at 177 Glenmont Road in section 26, T28N, R20W, Town of
Troy, St. Croix County, WI.
The board makes the following findings and conclusions of law for request #1;
3. The applicant submitted an application to the St. Croix County Board of
Adjustment for an after - the -fact special exception permit for a recently
constructed wood stairway in the Lower St. Croix Riverway Overlay District
pursuant to Section 17.36 F.3.a.3) and subject to the performance standards in
Section 17.36 H.12 of the St. Croix County Zoning Ordinance.
4. A new stairway was engineered and constructed without a special exception permit
during late May and early June and a stop order was issued by the Town of Troy in
June 2008.
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5. According to the application and to staff on site inspections on June 23, the
stairway meets all but one of the design standards stipulated in Section 17.36
H.12 of the St. Croix County Zoning Ordinance. The stairway is located on a
steep, densely vegetated slope exceeding 20 percent. The stair treads do not
exceed 48 inches. There are no canopies and the handrails are the same color as
the stairs. The stairway is located on concrete filled sonotubes and constructed of
unfinished wood. The stairway is not visible from the river. No trees were
removed to install the stairway. The old stairs will be abandoned and this will be
the only stairway for this property. The new stairway has not caused accelerated
erosion. A registered professional engineer has designed the stairway and
construction appears to be in compliance with the engineered plans. The new
stairway does not comply with the first part of Section 17.36 H. 12.a.3) that states
that, landings must be located at a vertical interval of not less than 20 feet and
shall not exceed 40 square feet in area.
6. According to the application and staff observations the stairway meets all the
provisions of Section 17.70 (7)(a) The stairway would not violate the spirit or
general intent of the chapter and would not be contrary to the public health,
safety, and welfare. With the removal of the additional landings, L1 and L3 this
request would not affect property values in the neighborhood. This request would
not be a nuisance by reason of noise, dust, smoke or odor.
7. According to the application and staff observations the stairway would be
consistent with Section 17.36 J.2.b.2)a) j) The stairway is not visible from the
river. The construction method using concrete filled sonotubes required minimal
vegetation removal and there was no apparent run -off or erosion. The terrestrial
and aquatic habitat would be minimally impacted.
8. Steve Olson from the St. Croix County Land and Water Conservation Department
has reviewed the application and visited the site. He found the site to be stable
with minimal disturbance and the stairs appeared to be screened from the river.
9. The Wisconsin Department of Natural Resources Carrie Stoltz has reviewed the
pictures and any comments will be presented at the July 23 hearing.
10. The Town of Troy has approved the construction of the stairway.
The board makes the following findings and conclusions of law for request #2;
11. The applicant submitted an application for an after the fact variance to use three
landings in 31 feet of elevation for a stairway in the Lower St. Croix Riverway
Overlay pursuant to Section H. 12.a.3) Since two of the landings have been
removed this is now a request to have landing L2 located at 704.9 feet instead of
700 feet or 709 feet.
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12. The stairway that was constructed has a vertical drop of 31 feet. The top of the
stairway starts at an elevation of 720 feet, the one and only landing should then be
placed at an elevation of 700 feet. It could also be rationalized that if you were to
start at the bottom of the stairs elevation of 689 feet then the one and only landing
could be placed at an elevation of 709 feet. The current stairway has L2 at 704.9
feet.
13. This request is consistent with Section 17.70(5)(c)3: granting this variance will
not be contrary to the public interest. This request is also consistent with the spirit
and intent since one landing would be permitted for this stairway.
14. This request is consistent with Section 17.70(6)(e) since this is a permitted use in
the Riverway district. The request to have L2 at 704.9 feet is not based economic
loss and is not self created. The location of L2 was decided in order to avoid
cutting down a large tree, this situation was a hardship and qualified as a unique
property limitation. Property rights in the area would not be damaged since this
amount of construction could take place just above or below the current location
of L2.
With the following conditions:
1. The special exception will allow the applicants continued use of the stairway for
access to the river frontage on the property in accordance with the plans submitted
on July 29, 2008, and as provided in the conditions below. This approval does not
include any additional structures, impervious coverage, filling and grading, or other
activities.
2. The variance will allow the applicants continued use of L2 at the 704.9 elevation in
accordance with the plans submitted on July 29, 2008, and as provided in the
conditions below. This approval does not include any additional structures,
impervious coverage, filling and grading, or other activities.
3. The applicants shall secure all necessary permits and approvals from the Town of
Troy and obtain any other required local, state, or federal permits and approvals.
4. All lights on the stairway handrails must be downward directed and shielded away
from neighboring properties and/or the river to be visually inconspicuous.
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 special exception and /or variance
approval process.
6. The applicant shall have one (1) year from the approval of this special exception
and variance to obtain the above permits and local, state, or federal approvals for
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the project. Failure to comply with the conditions of this approval within the
timeframes stipulated shall be grounds for revocation. If the special exception
permit is revoked, the applicant will be required to secure a new special exception.
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 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.
Application #1: Fred Nitchev• Special Exception
Motion by Hurtgen, second by Nelson to approve a special exception to expand an
existing auto repair shop to include auto sales in the Commercial District in the Town of
Glenwood based on the following findings of fact and conclusions of law:
1. The applicant is Fred Nitchey, property owner.
2. The site is located at 3009 180` Avenue in the NW '/ of the NW % of section 3,
T30N, R15W, Town of Glenwood St. Croix County, Wisconsin.
3. The applicant filed with the Planning and Zoning Department an application for a
special exception permit to expand an auto repair business to include auto sales in
the Commercial District pursuant to Section 17.18(1) (a) of the St. Croix County
Zoning Ordinance.
Findings for Section 17.18
4. The south and west property lines are wooded. The only place that would need
vegetative screening would be along the north side of the property on 180 Avenue
and the along the north half of the east property line. Since an auto sales operation
would typically locate the cars for sale along the road for visibility, staff
recommends vegetative screening along the east side only. With conditions to
landscape the east side, this request would not negatively impact the property values
for nearby residences.
5. With conditions for shielding light sources and directing lights downward to prevent
glare onto adjacent properties and 180th Avenue, this request would not be a threat
to public health and safety or create a nuisance.
6. With conditions to pave or gravel the driveway 24 feet wide, pave or gravel the
customer parking area and pave or gravel the sales display area (with watering when
necessary), this request would not constitute a nuisance by reason of dust, or traffic
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congestion. Typically an auto sales operation would not generate smoke, odors,
noise or heavy vehicular traffic.
7. The repair business has a holding tank for the floor drain and a waste oil burner. In
addition the other waste fluids and scrap metal are taken to Kadingers for disposal.
Based on these facts, this request would not have negative effects on the
environment.
8. The proposed addition would meet several goals and objectives of the St. Croix
County Development Management Plan including locating commercial
development where suitable conditions exist, promoting the growth of existing
businesses, and diversifying the County's economy.
Findings for Section (7) (a)
9. This request would not violate the spirit or general intent of the ordinance since
auto sales is an appropriate use in a commercial area.
10. With the above stated conditions on paving, landscaping and lighting, this request
would not violate the health, safety, general welfare or be substantially adverse to
property values in the neighborhood. In addition with the conditions for paving or
gravel, this request would not constitute a nuisance by reason of dust.
Findings for Section 17.57
11. With the existing 6 parking stalls the applicant will provide sufficient off - street
parking to accommodate all existing and proposed uses on the site.
Additional findings;
12. No additional signage is currently proposed for the site.
13. The Town of Glenwood has recommended approval of this request.
14. Proposed hours of operation are 8 am to 5 pm Monday through Friday.
With the following conditions:
1. This special exception permit allows the applicant to sell cars on the property in the
Commercial District. Approval for this special exception permit does not include
any additional uses, structures, or other activities.
2. Prior to commencing construction, the applicant shall be responsible for securing
all other necessary local, state, and federal permits and approvals, including but not
limited a "Motor vehicle dealer two year license application ".
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3. Driveway, parking and sales display area to be paved or graveled and if graveled
shall be watered whenever necessary to prevent dust. Within 30 days of this
approval the applicant shall submit;
• A landscaping plan for vegetation along the east property line. The
vegetative buffer shall be at least 10 feet in width and at least six feet in
height at the time of planting to screen the car sales area from adjacent
property to the east. The buffer shall attain at least 80% opacity at
maturity. The plan should include the species, size, and location of all trees,
shrubs, and groundcover to be planted on the site, as well as a timeline for
the plantings and a maintenance agreement to ensure that all vegetation
establishes successfully. The vegetation need not be planted unless
requested by a neighbor whose view is affected
• A plan for paving or graveling the driveway 24 feet wide, as well as paving
or graveling the customer parking area and the sales display area.
4. Within 30 days of substantially completing the landscaping (if requested by a
neighbor), the applicant shall submit to the Zoning Administrator photos of the site
to verify the plantings have been installed.
5. Any future lighting associated with the business must be downward directed and
shielded away from neighboring properties and 180 Avenue to prevent glare. In
addition, lighting must be no higher than the lowest eaves of the buildings.
6. Hours of operation shall be Sam to 5pm Monday through Friday.
7. No signs are approved as part of this permit. Any future signage will require a sign
permit.
8. Upon complaints of regularly occurring, excessively loud noise at any time, the
applicant shall work with the Zoning Administrator to abate the noise problem. In
the event that the matter cannot be resolved administratively, the applicant shall
take the matter before the Board of Adjustment at a public hearing.
9. All buildings and property shall be maintained in a neat and orderly manner.
10. The applicant shall contact the Zoning Administrator to review this special
exception permit in two years from the approval date (July 2011) for compliance
with the conditions of this approval.
11. These conditions may be amended or additional conditions may be added to address
complaints or unanticipated circumstances that would affect the health, safety, or
general welfare of citizens or degrade the natural resources of St. Croix County.
Conditions will not be amended or added without notice to the applicant and
opportunity for a hearing.
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12. Any change in ownership or management shall require prior notification to the
Zoning Administrator. Any change in the use of the property; change in the
building or facilities; or changes to the approved project details — including but not
limited to structures, landscaping, signs, lights, parking, or lot/access changes —
shall require prior review and approval by the Zoning Administrator to ensure that
all Ordinance requirements are met. The Zoning Administrator may determine that
special exception approval is necessary.
13.The applicant shall have one (1) year from the approval of this special exception
permit to commence paving or graveling and two (2) years from the approval to
complete the paving or graveling. Failure to comply with this timeframe shall
result in expiration and/or revocation of the special exception permit. If the special
exception permit expires within this timeframe, the applicant will be required to
secure a new special exception permit.
14. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
Motion carried unanimously.
The meeting was adjourned by the Chair at 11:55 a.m.
Respectfully submitted,
Sue Nelson, Secretary Becky E n, R ` ding Secretary
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