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HomeMy WebLinkAboutBoard of Adjustment 08-27-09 ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, August 27, 2009 8:30 a.m. Government Center, Hudson, Wisconsin- County Board Room REVISED AGENDA A. CALL TO ORDER/ ROLL CALL B. OPEN MEETING LAW STATEMENT C. ACTION ON PREVIOUS MINUTES o June 25, 2009 & July 23, 2009 D. DATE OF NEXT MEETING: September 24, 2009 E. UNFINISHED BUSINESS 1. Murr 2. Montessori School Decision* 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 30, 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, August 27, 2009, at 8:30 a.m. at 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: Gerald & Connie Mueller /Northern States Power dba: Xcel Energy LOCATION: NW' /4 of the NW' /4 of Section 2, T29N, RI 8W, Town of Warren ADDRESS: County Road E REQUEST: Special exception request to construct a new transmission substation in the Ag -Res District in the Town of Warren pursuant to Section 17.15(6)(1) of the St. Croix County Zoning Ordinance. 2. APPLICANT: Darrell & Diane Moe LOCATION: SE 1 /4 of the NE 1 /4 of Section 11, T3 IN, RI 8W, Town of Star Prairie ADDRESS: 2253 127`" Street REQUEST: Special exception request for a salvage yard operation in the Ag -Res District in the Town of Star Prairie pursuant to Section 17.15(6)(i) 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 I)ORIGINAL BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES August 27, 2009 The meeting was called to order by Chairperson Clarence "Buck" Malick at 8:33 a.m. A roll call was made. David Peterson, Joe Hurtgen, Sue Nelson, Jerry McAllister were present. Staff included: David Fodroczi, Planning & Zoning Director; Alex Blackburn, Zoning Specialist; Pam Quinn, Zoning Specialist 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, September 24, 2009 at 8:30 a.m. in the County Board Room of the Government Center in Hudson. Application #1: Gerald & Connie Mueller/Northern States Power, dba• Xcel Energy — Special Exception The applicants requested a special exception permit for a power distribution substation in the Ag Residential District in the Town of Warren. Staff presented the application and staff report. The Town of Warren issued a driveway permit in July 2009 for access from County Road E. The Town was sent a copy of the application for review, but the Town had not submitted comments for the Board's consideration. St. Croix County Land and Water Conservation Department reviewed the application and visited the site in July 2009. The stormwater and erosion control plans are adequate for the site. They recommended the applicant record an operation and maintenance agreement for the stormwater components on the deed to the property. St. Croix County Highway Department reviewed the information provided and the department had no objections to the project as long as the driveway is built in accordance with the plans and with the driveway permit that was issued on July 8, 2009. Wisconsin Department of Natural Resources was sent a copy of the application for review, which comments have not been received. According to an email from Xcel Energy, the stormwater permit was included in an application submitted February 2009 to obtain a Certificate of Authority from the Wisconsin Public Service Commission. Staff recommended approval with 13 findings of fact and conclusions of law with 14 conditions for consideration. Sarah Schwartz, Xcel Energy, signed an oath and spoke in favor of the request. She testified historically they received a Certificate of Authority from the Wisconsin Public Service Commission and just recently were given direction to get the local permits; hence the reason there was no contact with the Town. She thought it was all covered when everyone was noticed through the State level. She stated they moved forward with the project following the Public Service Commission order and to keep the project on schedule and with talking with the Code Administrator. She questioned the condition regarding the compliance deposit prior to starting the project. Brad Nelson, project manager, signed an oath and spoke in favor of the request. He stated they started grading on the site to stay on schedule with their service start date at L ` the location of June 1, 2010. He said the lights on the building will be the only lights on during the night hours. He testified the land has been cropped for a few years. No testified in opposition. Application #2: Darrell & Diane Moe — Special Exception The applicants requested a special exception permit to continue operation of a salvage yard /auto recycler in the Ag- Residential District in the Town of Star Prairie. Staff presented the application and staff report. The Town of Star Prairie recommended approval of the transfer of the business from Darrell and Diane Moe to Jim Pilquist. The Wisconsin Department of Natural Resources received a copy of the application and staff did not receive any comments. St. Croix County Land and Water Conservation Department reviewed the application and visited the site. Their recommendations have been included in the findings of fact and in the conditions for consideration. Staff recommended approval of the request with 11 findings of fact and conclusions of law with 16 conditions for consideration. Jim Pilquist, agent, signed an oath and spoke in favor of the request. He stated he is going to be purchasing all new tanks for oil storage that will be steel have to be certified. He said there was mention of a floor drain when technically there isn't so it should help with the capacity of the septic system. He felt the current septic system should handle two employees. He was available for questions. Jackie Henderson, Edina Realty agent, signed an oath and spoke in favor of the request. She stated there is a conditional use permit issued for the property; they are before the Board to make sure the transferring of the business to Pilquist is done correctly. She stated the business has been in operation for 12 years. No one testified in opposition. Minutes Motion by Nelson, second by McAllister to amend the June 25, 2009 minutes to comply with the open meeting law when going into closed session; the minutes will show: ➢ 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 Peterson, second by Hurtgen to adopt the July 23, 2009 minutes. Motion passed unanimously. 2 The Board recessed for a break at 9:32 a.m. The Board reconvened at 9:46 a.m. 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 9:48 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. Chairman Malick declared the Board back in open session at 10:04 a.m. The Board recessed for site visits at 10:05 a.m. The Board reconvened at 11:45 a.m. Decisions After hearing the testimony and reviewing the material in the record, the Board rendered the following decisions: Application #1: Gerald & Connie Mueller/Northern States Power, dba• Xcel Enemy — Special Exception: Motion by Hurtgen, second by McAllister to approve the special exception request for an electrical substation in the Ag Residential District based on the following findings of fact and conclusions of law: 1. The applicants are Gerald and Connie Mueller, current property owners, and Northern States Power Company, doing business as Xcel Energy, Inc., future property owners. 2. The site is located near the junction of US Highway 65 and County Rd. E in the NW '/ of the NW '/ of Section 2, T29N, R18W, Town of Warren, St. Croix County, Wisconsin. 3. The applicants filed with the St. Croix County Board of Adjustment an application for a special exception permit to construct an electrical substation in the Ag Residential District pursuant to Section 17.15(6)(1) of the St. Croix County Zoning Ordinance. Specifically, Xcel Energy is in the process of purchasing a 40 -acre parcel owned by Gerald and Connie Mueller. The facility, named Three Lakes Substation, will be part of a series of projects to increase the capacity and reliability of the transmission system in western Wisconsin. 3 n • 4. The proposed substation facility includes a 1,440 - square foot electrical equipment shelter, one transformer, and additional power poles and lines. The substation yard will have a crushed rock surface. A chain -link fence will surround the substation yard to prevent unauthorized access. The only access to the yard will be from a gate at the main entrance driveway off Cty. Rd. E. 5. Properties adjacent to the proposed site are zoned Ag Residential and feature predominantly cropland and other agricultural uses. 6. This request would not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that a substation is a reasonable and appropriate use in the Ag Residential District, which the property is currently zoned. The proposed substation will connect to nearby existing high voltage power lines, which makes the site acceptable for this use. 7. This request would not be contrary to the public health, safety, or general welfare or be substantially adverse to property values in the neighborhood affected. According to the applicants, the fence, gate, and signs will be installed in accordance with Xcel Energy Standards, which are more stringent than the requirements of the National Electric Safety Code. Safety signs will be posted along the perimeter of the fence to prevent unauthorized access. Storm water runoff from the proposed substation yard will be directed to a water quality basin located along the southerly edge of the yard, then directed into an infiltration basin. The substation will be surrounded by cultivated agricultural fields, whose value will not be affected by the facility. Upon completing construction of the proposed substation, traffic to and from the site will be minimal, consisting of Xcel Energy staff reporting to the site during normal working hours for monthly inspections and occasional visits for switching distribution, transmission construction, and maintenance. On rare occasions, staff will report to the site outside of normal working hours to address abnormal system conditions. 8. Lighting will be installed to illuminate important equipment and controls outside of the equipment shelter to be used under rare, emergency conditions. Typically, the substation will be dark at night. With conditions for maintaining a neat and orderly appearance and shielding any light sources on or around the substation from adjoining properties, this request would not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors. 9. The proposed facilities — including but not limited to the fencing, gate, equipment shelter, transformers, and power poles - meet the required road setbacks and driveway spacing requirements pursuant to Section 17.60 6.a. of the St. Croix County Zoning Ordinance. 10. The Town of Warren issued a driveway permit in July 2009 for access from Cty. Rd. E. The Town was sent a copy of the application for review, but the Town Board has not yet submitted comments for the Board's consideration. 4 11. The St. Croix County Land and Water Conservation Department staff reviewed the application and visited the site in July 2009. The stormwater and erosion control plans are adequate for the site. LWCD recommends the applicant record an operation and maintenance agreement for the stormwater components on the deed to the property. 12. St. Croix County Highway Department: Jeff Durkee, County Highway Engineer, has reviewed the information provided and the department has no objections to the project as long as the driveway is built in accordance with the plans and with the driveway permit that was issued on July Stn. 13. A copy of the special exception permit application was mailed to Cheryl Laatsch of the Wisconsin DNR Office of Energy for her review and comments, which have not yet been submitted for the Board's consideration. According to an e -mail from Xcel, the stormwater permit was included in an application submitted in February 2009 to obtain a Certificate of Authority from the Wisconsin Public Service Commission. According to an e -mail from WDNR, the Construction Site Erosion Control Plan and Stormwater Management Plan have been approved for implementation. With the following conditions: 1. This special exception permit is for Northern States Power Company, doing - business as Xcel Energy, Inc., to construct an electrical substation in the Ag Residential District in the Town of Warren in accordance with the plans submitted and as provided in the conditions below. Approval for this special exception permit does not include any structures, impervious coverage, or uses not shown or indicated in these plans. 2. Town of Warren and any other aggrieved party may request a reconsideration of this decision 15 days prior to the next regularly scheduled Board of Adjustment meeting in accordance with the St. Croix County Board of Adjustment Rules and By -Laws. 3. Prior to commencing construction of the substation, the applicant shall be responsible for securing all necessary local, state, and federal permits and approvals, including but not limited to town building permit and any permits required by the Wisconsin Department of Natural Resources and Office of Energy or other agencies. 4. By October 1, 2009 the applicants shall submit to the Zoning Administrator a cash compliance deposit in the amount of $1,100 to be held by the Zoning Administrator until all facilities and storm water management measures have been completed and approved to be in compliance with the conditions of this permit and 5 all applicable provisions of the Ordinance, at which time the deposit will be refunded in full. 5. Prior to beginning construction of the substation, the applicants shall install all approved erosion and sediment control measures. During construction, the smallest amount of bare ground shall be exposed for as short a time as possible, and temporary ground cover, such as mulch, shall be used. Upon completing construction, the approved permanent storm water management measures shall be implemented, the crushed gravel substrate shall be installed on the yard, and the remainder of the site shall be stabilized with permanent vegetation as soon as practicable. 6. Within 30 days of the Board's decision, the applicant shall record an affidavit against the property referencing the decision and approved stormwater management plan, including an operation and maintenance agreement for the stormwater control structures. The applicant shall submit a recorded copy of the affidavit to the Zoning Administrator at this time. 7. Within six months of completing construction of the entire project, the applicants shall submit to the Zoning Administrator photos and an as -built drawing of the completed substation, driveway access, and all associated storm water management and landscaping measures to ensure that everything has been constructed as designed and approved. 8. No signage, other than those required as posted warnings to the public, is approved- as part of this permit. All signage on the site must adhere to the standards and permit requirements in the St. Croix County Sign Ordinance. 9. All lights on the site must be downward directed and shielded away from neighboring properties to prevent glare. The lights on the equipment shelter shall not exceed the height of the building eaves and may be left on overnight for security purposes. Any other lights must be turned off when no one is present on the facility grounds. 10. The property shall be maintained in a neat and orderly manner. 11. 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. 12. Any change in ownership of the property and /or substation, use of the site, facility design, or project details shall require prior notification of and approval by the Zoning Administrator and in some circumstances through the special exception approval process as stated in the Ordinance. 6 13. The applicants shall have one (1) year from the date of this approval to commence construction of the substation and two (2) years from the date of this approval to substantially complete the project. Failure to do so may result in expiration or revocation of the special exception permit. If the special exception permit expires or is revoked within this timeframe, the applicants will be required to secure a new special exception permit. Prior to expiration and/or revocation, the applicant may request extensions of up to six months from the Zoning Administrator, for a total time not to exceed one year. 14. 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. Application #2: Darrell & Diane Moe — Special Exception Motion by Nelson, second by Peterson to approve the special exception request to continue operation of a salvage yard /auto recycler in the Ag Residential District based on the following findings of fact and conclusions of law: 1. The applicant is Jim Pilquist, agent for Darrell and Diane Moe. 2. The site is located at 2253 127 Street in the Town of Star Prairie, St. Croix County, Wisconsin. 3. The applicants filed with the Board of Adjustment an application for a special exception permit to continue operating a salvage yard pursuant to Section 17.15(6)(i) of the St. Croix County Zoning Ordinance. This operation will be on lots 5 and 6 that total 5.7 acres. 4. Hours of operation will be 8 -5 Monday through Friday. The applicant may spend time there on the weekend getting caught up, but the business won't be open to the general public. 5. This request would not violate the spirit or general intent of the Ordinance since salvage yards are a permitted as a use in the Ag. Residential District, upon approval of a special exception permit by the BOA. 6. With the proposed fluid containment and storage tanks, the contract with OSI to pump the tanks, the sources to dispose of batteries and tires, the indoor dismantling and storage of parts, the disposal of car bodies once the yard is full, and the screening that is currently on the site, this request to continue an auto salvage 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 7. There will be minimal smoke, dust, and odors generated. With the continued practice of conducting the majority of the operations inside, the noise will be minimal. Therefore, this request to continue an auto salvage operation would not constitute a nuisance by reason of noise, dust, smoke, or odor. 8. The sanitary system is designed for 2 total employees. The sanitary system must be up- graded before any additional employees (a maximum of 10 total) can work on the premises. 9. The Town of Star Prairie has reviewed the request and has recommended approval. 10. The Land and Water Conservation Department has reviewed the application and has recommended that all the storm water be retained on site as it currently is. The LWCD also recommends that any soil that gets contaminated be immediately removed and disposed of properly. 11. The Wisconsin Department of Natural Resources has been sent a copy of the application and has not submitted any comments. 12. The Board observed that the residence on the south side was not buffered with vegetation on the applicant's property. 13. The applicant stated that there was no floor drain in the building. With the following conditions: 1. This special exception approval allows the applicant to continue the auto salvage operation. This approval does not include any change or expansion in area or operations. 2. General hours of operation are to be 8 -5 Monday through Friday, with only the owner there on the weekends. 3. The applicant shall install and use the proposed 120 gallon tank and (2) 200 gallon tanks for storage and disposal of gas, antifreeze, oil, transmission fluids, power steering fluids, brake fluids, and windshield washer fluid. Appropriate containers shall be installed for the storage and disposal of batteries and mercury switches. 4. The applicant shall maintain a contract with a licensed disposal operation such as OSI Environmental for fluid disposal. 5. The majority of the dismantling operation shall be conducted indoors. 8 1 ' 6. The business shall only have 2 total on -site workers at any time until the septic system is legally modified to accommodate any additional waste water load. The total number of on -site workers shall not be more than 10. 7. All storm water shall continue to be contained on site 8. Any fluids that spill onto the ground shall be cleaned up immediately and properly disposed of, including the appropriate disposal of contaminated soil. 9. All lighting shall be directed downward and away from the road and neighboring properties. 10. 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. 11. The applicant shall be responsible for adhering to all local, state, and federal rules, regulations, and permits during the life of the operation. 12. The applicant shall have one (1) year from the issuance of the special exception permit to commence the proposed new business. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before the business commences, the applicant will be required to secure a new special exception permit before starting the project. 13. Upon any change in ownership or operation of the salvage operation, the applicant shall submit to the Zoning Administrator the name and contact information of the new owner. The new owner shall comply with all of the general requirements and conditions listed on this permit. 14. 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. 15. 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. 16. Accepting this decision means that the applicant and all property owners have read, understand, and agree to all conditions of this decision. 9 • 4 { r 17. Before any vehicles could be placed south of the building the applicants will need to install a landscape buffer. 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 salvage operation from the adjacent property to the south. 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. Or obtain approval from the neighbors. Motion carried unanimously. The meeting was adjourned by the Chair at 12:15 a.m. Respectfully submitted, &ti�r av'n Sue Nelson, Secretary Becky Eluen, R44rding Secretary i I 10