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HomeMy WebLinkAboutBoard of Adjustment 10-22-09 ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, October 22, 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 MEETINGS: November ?, 2009 E. UNFINISHED BUSINESS 1. Murr F. PUBLIC HEARINGS — See Attached G NEW BUSINESS 1. Composition of Board of Adjustment — discussion 2. 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: October 15, 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, October 22, 2009, at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following request under the St. Croix County Zoning Ordinance. The Board will view the site in question, after which the Board will deliberate and vote on the request. SPECIAL EXCEPTION 1. APPLICANT: Brenda Bray & Gerald Driscoll LOCATION: NE' /4 of the SW' /4 of Section 32, T29N, R18W, Town of Warren ADDRESS: 1041 65 Avenue REQUEST: Special Exception request to install a tower to support a wind turbine (transmission facility) in the Agricultural- Residential District in the Town of Warren pursuant to Section 17.87(3) 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 t ` ORIGINAL BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES October 22, 2009 The meeting was called to order by Chairperson Clarence "Buck" Malick at 8:32 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. The next meeting for the Board is scheduled for Wednesday, December 2, 2009 at 8:30 a.m. in the County Board Room of the Government Center in Hudson. Application #l: Brenda Bray & Gerald Driscoll — Special Exception The applicants requested a special exception for a wind turbine tower in the Ag Residential District in the Town of Warren. Staff presented the application and staff report. The Town of Warren received the application and staff received no comments. St. Croix Land and Water Conservation Department did not have any review since there is no filling and grading on the site. Staff recommended denial for proposal #1, lattice tower, and conditional approval of proposal #2, monopole tower, based on 13 findings of fact and conclusions of law with 8 conditions. Ralph Jacobsen, owner of Innovative Power Systems, signed an oath and spoke in favor of the request. He testified wind blades are potentially an issue for birds, but birds don't normally fly at the 100 foot height of the tower. He stated Brenda Bray was a veterinarian and is concerned about animals in general, including birds. He said the noise issues are a non - issue. He stated the freeway noise would drown out the noise from the wind machine. He stated electronic devices operate on very low frequency and the electromagnetic interference would be the same as the traffic going by. He said the lighting of the tower would be a non - issue. He stated the pay back period of a lattice tower would be about 15 years. Karen O'Malley, residence of Warren Township, signed an oath and spoke in favor of the request. She commended Brenda and Gerald for their efforts to generate a renewable energy source. She stated she doesn't feel a special exception should be needed for this request. She said the noise the wind turbine would generate should be a non -issue as it wouldn't be any louder than normal background sounds. O'Malley testified the Board and neighbors should look at the benefits the tower will bring rather than the negative impact. She stated she was not related to the applicants. Brenda Bray signed an oath and spoke in favor of the request. She testified they are trying to help out their nephews and granddaughters and use renewable energy. Steve Nichols, adjoining property owner, signed an oath and spoke in regards to the request. He testified the FAA does not require lighting on the tower; he expressed concerns the applicant may still add lights. He also expressed concerns with interference with radio and television waves and the noise. He stated he would like electromagnetic interference addressed. Nancy Nichols, adjoining property owner, signed an oath and spoke in regards to the request. She stated she has lived on her property for the last 26 years. She testified she is all for other energy resources, but what about solar energy as that only affects the property it is located on. She stated one concern was if there are vibrations coming off the tower once it is built they would be stuck with it as no on will be monitoring that and is not sure how it would get fixed after the tower is constructed. Buzz Buskirk, project coordinator from Innovative Power Systems, signed an oath and spoke in favor of the request. He stated all the engineering will be done locally and done by people from St. Croix County. New Business 1. Composition of Board of Adjustment — Malick signed the Memo and sent it to the Administration Committee Minutes Motion by Peterson, second by Hurtgen to adopt the September 24, 2009 minutes. Motion passed unanimously. The Board recessed for a site visit at 10:05 a.m. The Board reconvened at 11:10 a.m. Decisions After hearing the testimony and reviewing the material in the record, the Board rendered the following decisions: Application #1 • Brenda Bray & Gerald Driscoll — Special Exception Motion by Peterson, second by Nelson to approve the special exception for a wind turbine tower in the Ag Residential District in the Town of Warren based on the following finding of facts and conclusion of law: 1. The applicants are Brenda Bray and Gerald Driscoll, property owners, and Buzz Buskirk agent from Innovative Power Systems. 2. The site is located at 104165 th Avenue in the NE '/ of the SW '/ of Section 32, T29N, RI 8W, Town of Warren, St. Croix County, Wisconsin. 3. The applicants filed with the St. Croix County Board of Adjustment for a special exception permit for an electrical generation tower in the Ag. 2 . a Residential District in the Town of Warren pursuant to Section 17.87(3) of the St. Croix County Zoning Ordinance. 4. Properties to the west, south and east are zoned Ag Residential and feature predominantly cropland and wooded land. The property to the north is residential with the nearest house being approximately 850 feet away. 5. This request would not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that an electrical generation tower is a reasonable and appropriate use in the Ag Residential District, which the property is currently zoned. The proposed wind tower will provide electrical service to the Bray / Driscoll house. Finding for Prouosal #1 lattice tower. 6. This request does not comply with section 17.83 (9) that states, "the monopole is the required tower structure. Guy or lattice towers are prohibited." Findings for ro osal #2 mono vole tower 7. This request would not be contrary to the public health, safety, or general welfare and it would not be substantially adverse to property values in the neighborhood. 8. The requirements of section 17.83 would be met with the proposed tower being certified by a registered professional engineer. The design sheets specify compliance with the following • IBC 2006, which is an international building code. • ASCE 7 -05, which specifies design loads for structures. • ACI 318 -08 which are codes for reinforced concrete. • AISC steel construction manual. 9. The structural notes and specification references a geotechnical report that has a different project number. With conditions to submit a revised geotechnical report this proposal would comply with the installation requirements. 10. This request is not contrary to any of the requirements in Section 17.84, prohibitions. 11. The performance standards under Section 17.86 will be met since; • (1) the lot is 11.26 acres • (2) the nearest property line is 140 feet away and the tower is 100 feet tall. • (3) not applicable, this standard is for cell towers. • (4) there will be minimal visual impact in the proposed location and there are no components on the ground to be screened. 3 • (5) The first step on the monopole is 12 feet from the ground. • (7) not applicable, this standard is for cell towers. 12. The permit requirements under Section 17.87 (4)(a) 1 through 6 will be met since; • The plans describe the height and design of the tower and certify its compliance with structural and electrical standards. 13. The permit requirements listed under Section 17.87 (b) 1 through 5 apply to cell towers. 14. The color of the proposed galvanized tower meets the intent of minimizing visibility. 15. The proposed height of 90 feet with a 10 foot stub to the propeller hub is required for efficient operation given the height of the surrounding trees. 16. The estimated increased cost from $101,000 to $116,000 (minus the unknown cost of painting) is not a significant increase. 17. One letter of opposition was received, two people spoke with concerns, and one person spoke in support of this request. With the following conditions: 1. This special exception permit is for Brenda Bray and Innovative Power Systems to construct an electrical generation monopole tower 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. Prior to commencing construction of the monopole tower, the applicant shall be responsible for securing all necessary local, state, and federal permits and approvals, including but not limited to town building permits, and any permits required by the State of Wisconsin or other agencies. 3. Submitting a revised geotechnical report that is for a monopole on this property. 4. The tower shall be removed if unused for 12 months or more for the purposes stated in this permit. 5. 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 4 j not be amended or added without notice to the applicant and an opportunity for a hearing. 6. Upon complaints of regularly occurring, excessively loud noise at any time, the applicants shall work with the Zoning Administrator to abate the noise problem. In the event that the matter cannot be resolved administratively, the applicants shall take the matter before the Board of Adjustment at a public hearing. 7. No lights shall be placed on the tower or turbine. Any lights placed on the ground must be directed toward the ground to prevent glare onto adjoining properties. 8. The applicants shall have one (1) year from the date of this approval to commence construction of the monopole electrical generation tower 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. 9. Accepting this decision means that the applicants and all property owners have read, understand, and agree to all conditions of this decision. Motion passed unanimously. The meeting was adjourned by the Chair at 12:15 p.m. Respectfully submitted, � �--"- C) , Sue Nelson, Secretary Becky Eg 'e , rding Secretary 5