Board of Adjustment Meeting — Agenda Packet

Board of Adjustment Agenda July 23, 2026 8:30 AM St. Croix County Government Center - Room 1400 Government Center - 1101 Carmichael Road, Hudson, Wisconsin Call to Order Roll Call Approval of Minutes 1. Minutes of Previous Meeting - April 23, 2026 Public Hearings 1. Continuation of Public Hearing for the Conditional Use Permit Request for Wilber, Town of Troy, to Remove and Replace Stairway for River Access Business 1. Election of Board of Adjustment Chairperson 2. Election of Board of Adjustment Vice-Chairperson 3. Conditional Use Permit Request for Wilber, Town of Troy, to Remove and Replace Stairway for River Access 4. Discussion Regarding Proposed Changes to Rules Governing St. Croix County Board of Adjustment Request for Future Agenda Items Announcements Date of Next Meeting 1. Date of Next Meeting - August 27, 2026 Adjournment Reasonable efforts will be made to provide special accommodations for access to public meetings. To request a special accommodation, please contact the County Clerk’s Office at (715) 386-4600 at least two business days prior to the time of the meeting. For more information on St. Croix County's public meetings visit: sccwi.gov/meetings Page 1 of 57 Board of Adjustment Minutes April 23, 2026 8:30 AM St. Croix County Government Center - Room 1400 Government Center - 1101 Carmichael Road, Hudson, Wisconsin Call to Order Roll Call PRESENT: C.W. Buck Malick, Joe Miller, David Peterson, Greg Tellijohn, Alicia Schneider, Bill Norge ABSENT: Approval of Minutes 1. Minutes of Previous Meeting - March 26, 2026 Minutes were accepted as presented. Public Hearings 1. Conditional Use Permit Request for Wilber, Town of Troy, to Remove and Replace Stairway for River Access Public Hearing opened at 8:33 AM. Pubic Hearing held open until next meeting. Business 1. Conditional Use Permit Request for Wilber, Town of Troy, to Remove and Replace Stairway for River Access Community Development Director, Jason Kjeseth, presented to the Board. Motion: MOTION to delay a decision on the Wilber Conditional Use Request until the next meeting to allow staff to gather more information Result: Passed Moved by: David Peterson Seconded by: Alicia Schneider Ayes: C.W. Buck Malick, Joe Miller, David Peterson, Greg Tellijohn, Alicia Schneider Nays: None Abstain: None Notes: Request for Future Agenda Items Announcements 1. 2026 St. Croix River Workshop on the Water (WOW) Page 2 of 57 Date of Next Meeting 1. Date of Next Meeting - May 28, 2026 Adjournment Meeting adjourned at 9:17 AM. Page 3 of 57 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held before the St. Croix County Board of Adjustment at the St. Croix County Government Center, County Board Room, 1101 Carmichael Road, Hudson, WI 54016, on Thursday, July 23, 2026, at 8:30 AM to hear and consider the following request: Brent and Jennifer Wilber, requested a conditional use permit in the Lower St. Croix Riverway Overlay District, as required by St. Croix County Ordinance Section 17.36.F.3.a.3 (Stairways and Lifts) to remove and replace stairway for pedestrian access to the St. Croix River, on a 0.882-acre property located at 312 N. Cove Rd. in Sec13/T28N/R20W, St. Croix Cove Subdivision No. 2, LOT 31, Parcel# 040-1177-10-000, Town of Troy. All interested persons are invited to attend said hearing or submit written comments to the St. Croix County Community Development Department at 1101 Carmichael Rd. Suite 1315, Hudson, WI 54016. Additional information may be obtained from the Department via phone (715) 386-4680 or email CDD@SCCWI.GOV. St. Croix County Board of Adjustment Page 4 of 57 Conditional Use Permit Request for Wilber, Town of Troy, to Remove and Replace Stairway for River Access Cover Memo To: Community Development Committee From: Ken Witt, County Administrator Jason Kjeseth, Community Development Director Date: July 23, 2026 Agenda Item: Conditional Use Permit Request for Wilber, Town of Troy, to Remove and Replace Stairway for River Access Background Information: Brent and Jennifer Wilber request a conditional use permit to remove and replace an existing stairway access to the St. Croix River pursuant to Section 17.36.F.3.a.3 (Stairways and Lifts) of the Chapter 17-Lower St. Croix Riverway Ordinance. The property is located at 312 N. Cove Rd. in Sec13/T28N/R20W, Parcel# 040-1177-10-000, Town of Troy. A Class II notice was published in the Star Observer for the weeks of April 9, 2026, and April 16, 2026, establishing a public hearing during the April 23, 2026, St. Croix County Board of Adjustment Meeting starting at 8:30AM in the St. Croix County Government Center Board Room, 1101 Carmichael Rd., Hudson WI. Two weeks prior to the meeting landowners within 300 feet of the subject property were also notified of the hearing. The Board asked for additional information and postponed the decision until that information was obtained. A Class II notice was published in the Star Observer for the weeks of July 9, 2026, and July 16, 2026, establishing a public hearing during the July 23, 2026, St. Croix County Board of Adjustment Meeting starting at 8:30AM in the St. Croix County County Government Center Board Room, 1101 Carmichael Rd., Hudson WI. Prior to the meeting, landowners within 300 feet of the subject property were also notified of the hearing. Page 5 of 57 St. Croix County Board of Adjustment Conditional Use Permit Staff Report CUP-2026-0297 Hearing Date: April 23, 2026 Continuation: July 23, 2026 Applicant: Wilber CUP-2026-0297 Page 6 of 57 Applicant: Brent and Jennifer Wilber Agent: Brandon Hanley, Triple-T Welding & Fab Site Address: 312 N. Cove Road Hudson, WI 54016 Parcel ID#: 040-1177-10-000 Alt ID #: 13.28.20.688 Site Location: SEC 13., T28N., R20W., St Croix Cove SUB 2 LOT 31, Town of Troy Zoning District: Lower St. Croix Riverway Overlay. Request: Conditional Use Permit to remove and replace existing stairway to provide safe pedestrian access to the riverway pursuant to Section 17.36.F.3.a.3of the Lower St. Croix Riverway Overlay District Ordinance. Exhibits: 1) Staff Report 2) Conditional Use Application 3) Vegetation and Erosion Control Plans 4) Certified Engineered Plans Exhibit 1 Site Information Applicant: Wilber CUP-2026-0297 Page 7 of 57 § 312 N. Cove Rd., Town of Troy. § Parcel is 0.882 acres. § Ordinary High-Water Mark (OHWM) for Lake St. Croix is 680 feet. Location Map Applicant: Wilber CUP-2026-0297 Page 8 of 57 Site Plan Applicant: Wilber CUP-2026-0297 • The property has many mature trees and stairway placement would not be conspicuous from the river. • The green path identifies new stair path. • The orange path shows existing stairs to be removed. Page 9 of 57 Existing Stairway Applicant: Wilber CUP-2026-0297 Midway toward river. Midway looking up the slope. Side view along retaining wall. Page 10 of 57 Stair Specifications • The existing wooden stairs to be replaced with aluminum stairs and railing. • Stair treads are 48 inches wide. • Entire length of stairs are 90 feet. • Color is non- reflective concrete grey. • Anchors driven 4-6 feet into ground. Applicant: Wilber CUP-2026-0297 Page 11 of 57 Conditional Use Standards Applicant: Wilber CUP-2026-0297 For conditional uses, a detailed written explanation of how the proposed use or development meets the requirements for conditional uses as outlined in § Section 17.36.F.3.a.3. as applicable, and the following standards: a) The scenic and recreational qualities of the Riverway District, especially in regard to the view from and use of the river. The color will be a non- reflective concrete grey aluminum to blend into the bluff line and have no visual impact from the river. b) The maintenance of safe and healthful standards. A new stairway will allow safe access to the river on this lot. The old stairway is not safe to use and was in disrepair when we purchased the lot in November 2024. c) The prevention and control of water pollution, including storm water runoff and sedimentation. Surface waters will be protected with bio-rolls at the bottom of the slope, and on top of the existing retaining wall near riverway as added protection. d) The location of the site with respect to floodplains and floodways, slope preservation zones, and bluff lines. The new stairway will be constructed from the top of slope at the existing location but go straight down the slope to reduce the footprint and impacts to the slope. e) The erosion potential of the site based upon degree and direction of slope, soil type, and vegetative cover. Vegetative cover impacts will be minor to drive the 2-inch schedule 40 aluminum posts and limited to one foot either side of the stairway. f) Potential impact on terrestrial and aquatic habitat. There is no impact to habitats. g) Location of site with respect to existing or future access roads. The stairway is for pedestrian access to the river and has no impact to existing or future roads. h) Adequacy of proposed wastewater treatment. No impacts to sanitary and solid waste will be encountered to remove and replace the stairway. i) The compatibility of the project with uses on adjacent land. Stairways are common on lots in this area of the river. One stairway may be permitted on a lot that abuts the river. The 13 standards of Ch. 17.36 Sec. 12 will all be met. j) The use of common corridors for locating proposed facilities within or adjacent to public service facilities such as roads, bridges, and transmission services. There is no impact from stairway replacement regarding any common corridors of public facilities or utilities. Page 12 of 57 Stairways Standards Section 17.36.F.3.a.3 STAIRWAYS a. Stairways are allowed by conditional use permit if all of the following standards are met: 1) The stairway is required to provide pedestrian access to the river because of steep, rocky, unstable or wet site conditions. 2) The tread width of the stairway may not exceed 48 inches. 3) Landings are located at a vertical interval of not less than 20 feet and shall not exceed 40 square feet in area. 4) Handrails may be permitted in conjunction with stairways and shall be painted or stained the same color as the stairways. 5) Canopies or roofs are not allowed on stairways. 6) Stairways, handrails and landings shall be anchored and supported above grade with pilings or footings. 7) Stairways shall be constructed of unfinished wood or stone, or shall be painted or stained with earth-tone colors. 8) Stairways shall be visually inconspicuous and shall be located in the most visually inconspicuous portion of the lot. 9) Native vegetation plantings shall be used to form a vegetative canopy to screen the stairway from the river. 10) Vegetation shall effectively screen stairways from the river within five years. 11) Existing vegetation may be removed within one foot of either side of the stairway route and up to eight feet above the stairway floor. 12) Only one stairway may be permitted on a lot that abuts the river. 13) A plan shall be submitted to the Land Use Administrator and certified by a registered professional engineer or architect showing that the stairway components are securely anchored to prevent them from shifting and from causing accelerated erosion. Applicant: Wilber CUP-2026-0297 Page 13 of 57 • Wisconsin DNR sent a letter dated April 14, 2026, which supports the granting of the conditional use permit if all conditions are met. Agency Reviews Applicant: Wilber CUP-2026-0297 Page 14 of 57 Continuation of April 23, 2026, BOA Meeting • The original submitted plans did not meet all conditions for approval. Instead of approving the CUP with missing conditions to be added to the follow-up Land Use Permit, the Board members decided to continue the hearing when the applicant was able to provide the necessary requirements. • The newly submitted exhibits to staff have provided the additional information showing all standards have been met according to Ch. 17.36 H.12.a 1-13. • Exhibit 3-Vegetation and Erosion Control Plan. • Exhibit 4-Certified Engineered Plans. Applicant: Wilber CUP-2026-0297 Page 15 of 57 Exhibit 3 Vegetation and Erosion Control Plans Applicant: Wilber CUP-2026-0297 • Gro-Formula 1622 seed mix will be applied where old stairs are removed and then covered with straw matting to stabilize slope. • Existing tree canopy will keep visual inconspicuousness of stairs from river. Page 16 of 57 Exhibit 4 Updated Certified Engineered Plans Applicant: Wilber CUP-2026-0297 Page 17 of 57 Vertical Intervals and Landings • The vertical intervals for landings are over 20 feet and landings do not exceed 40 square feet as required by Ch.17.36.H.12.a.3. • Stair treads are 48 inches wide as required by Ch.17.36.H.12.a.2. Applicant: Wilber CUP-2026-0297 Page 18 of 57 Findings of Fact, Conclusions of Law and Recommended Action • A Draft Decision Document that includes the Findings of Fact, Conclusions of Law and recommended action on this item will be presented to the Board of Adjustment at the July 23, 2026, meeting when this item is being considered. Applicant: Wilber CUP-2026-0297 Page 19 of 57 April 14, 2026 St. Croix County BOA Sent via email Re: CUP: Wilber Proposed Stairway Greetings, The Department of Natural Resources received the hearing notice for April 23, 2026, public hearing concerning the following conditional use permit application. Brent and Jennifer Wilber, requested a conditional use permit in the Lower St. Croix Riverway Overlay District, as required by St. Croix County Ordinance Section 17.36.F.3.a.3 (Stairways and Lifts) to remove and replace stairway for pedestrian access to the St. Croix River, on a 0.882-acre property located at 312 N. Cove Rd. in Sec13/T28N/ R20W, St. Croix Cove Subdivision No. 2, LOT 31, Parcel# 040-1177-10-000, Town of Troy. Please read this letter into the record for the Wilber CUP. The department supports the granting of the conditional use permit for a new stairway provided compliance with all criteria within NR 118.07(7). A review of the application shows the project may comply with the criteria, see comments in blue below. NR 118.07(7) STAIRWAYS. A conditional use permit may be issued for a stairway if all of the following conditions are met: (a) The stairway is required to provide pedestrian access to the river because of steep, rocky, unstable or wet site conditions. Meets this criterion. (b) The tread width of the stairway may not exceed 48 inches. Meets this criterion. (c) Landings are located at a vertical interval of not less than 20 feet and may not exceed 40 square feet in area. Plans do not show vertical intervals, rather the length runs at an angel between landings. Compliance with vertical interval criterion should be verified and suggested as a condition of approval. (d) Hand rails may be permitted in conjunction with stairways. Meets this criterion. (e) Canopies and roofs are not allowed on stairways. Meets this criterion. (f) Stairways, handrails and landings shall be anchored and supported above grade with pilings or footings. Meets this criterion. (g) Stairways shall be constructed of unfinished wood or stone, or shall be painted or stained with earth−tone materials. Constructed of aluminum painted in a “concrete grey” color. (h) Stairways shall be visually inconspicuous and shall be located in the most visually inconspicuous portion of the lot. Photos of existing stairs provided. Will new location be in the most visually inconspicuous portion of the lot? Will the old stairway location be revegetated after removal? (i) Native vegetation plantings shall be used to form a vegetative canopy to screen the stairway from the river. No Vegetative plan submitted, suggested as a condition of approval. (j) Existing vegetation may be removed within one foot of either side of the stairway route and up to 8 feet above the stairway floor. Suggested as a condition of approval. (k) Only one stairway may be permitted on a lot that abuts the Lower St. Croix river. Meets this criterion. Site stabilized and erosion control methods should be utilized during construction as necessary. Sincerely, Sue Vanden Langenberg Shoreland Zoning Program Coordinator State of Wisconsin DEPARTMENT OF NATURAL RESOURCES 2984 Shawano Avenue Green Bay, WI 54313-6727 Page 20 of 57 Received 02/27/26 2026-0297 Page 21 of 57 2026-0297 Page 22 of 57 2026-0297 Page 23 of 57 2026-0297 Page 24 of 57 2026-0297 Page 25 of 57 2026-0297 Page 26 of 57 2026-0297 Page 27 of 57 2026-0297 Page 28 of 57 2026-0297 Page 29 of 57 2026-0297 Page 30 of 57 2026-0297 Page 31 of 57 2026-0297 Page 32 of 57 2026-0297 Page 33 of 57 Discussion Regarding Proposed Changes to Rules Governing St. Croix County Board of Adjustment Cover Memo To: Board of Adjustment From: Ken Witt, County Administrator Jason Kjeseth, Community Development Director Date: July 23, 2026 Agenda Item: Discussion Regarding Proposed Changes to Rules Governing St. Croix County Board of Adjustment Background Information: The current rules governing the St. Croix County Board of Adjustment are attached with some proposed amendments. The new rules are amended with the understanding that conditional use permits will revert back to the Board of Adjustment after September 1, 2026. Some formatting changes were also included to comply with ADA requirements. Wis. Stat. § 59.694(3) indicates as follows regarding the rules of the Board of Adjustment: (3) Rules, meetings, minutes. The county board shall adopt rules for the conduct of the business of the board of adjustment, in accordance with the provisions of any ordinance enacted under s. 59.69. The board of adjustment may adopt further rules as necessary to carry into effect the regulations of the county board. Meetings of the board of adjustment shall be held at the call of the chairperson and at such other times as the board of adjustment may determine. The chairperson, or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be open to the public. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board of adjustment and shall be a public record. Once the Board of Adjustment has reviewed the rules and made the necessary changes, the final version will go to the Community Development Committee as a resolution for final approval by the County Board. Page 34 of 57 Rules Governing St. Croix County Board of Adjustment Page 35 of 57 Rules Governing St. Croix County Board of Adjustment 2 Page 36 of 57 Rules Governing St. Croix County Board of Adjustment 3 Contents Rules Governing St. Croix County Board of Adjustment ...........................................................................................1 Article I. General Provisions ...................................................................................................................................6 Section 1. Authority ...........................................................................................................................................6 Section 2. Title ...................................................................................................................................................6 Section 3. Members and Terms .........................................................................................................................6 Section 4. Conflicts of Interest ...........................................................................................................................7 Section 5. Limitations ........................................................................................................................................7 Section 6. Board’s Office ....................................................................................................................................7 Article II. Officers and Duties .................................................................................................................................7 Section 1. Officers ..............................................................................................................................................7 Section 2. Duties of Officers ..............................................................................................................................8 Article III. Meetings ................................................................................................................................................8 Section 1. Time: How Called ..............................................................................................................................8 Section 2. Quorum .............................................................................................................................................8 Section 3. Order of Business ..............................................................................................................................8 Section 4. Robert’s Rules of Order .....................................................................................................................9 Article IV. Powers and Duties of the Board ...........................................................................................................9 Section 1. General Powers .................................................................................................................................9 Section 2. Scope of Orders ..............................................................................................................................10 Section 3. Conduct of Members and Support Staff .........................................................................................10 Article V. Applications and Appeal Procedures ...................................................................................................10 Page 37 of 57 Rules Governing St. Croix County Board of Adjustment 4 Section 1. Who May File ..................................................................................................................................10 Section 2. Time to Appeal ................................................................................................................................11 Section 3. Required Information .....................................................................................................................11 Section 4. Reasons to be Stated ......................................................................................................................11 Section 5. Dismissal of Case .............................................................................................................................11 Section 6. Owner’s Consent and Representation ............................................................................................11 Section 7. Time for Hearing .............................................................................................................................12 Section 8. Notice of Hearing ............................................................................................................................12 Section 9. Effect of Appeal ...............................................................................................................................12 Section 10. Fee ................................................................................................................................................12 Article VI. Proceedings on Hearings .....................................................................................................................12 Section 1. Appearances, Adjournments ..........................................................................................................12 Section 2. Witnesses ........................................................................................................................................13 Section 3. Order of Hearings ............................................................................................................................13 Section 4. Preliminary Matters ........................................................................................................................13 Section 5. Parties Not to Interrupt ..................................................................................................................13 Section 6. Questions and Debate ....................................................................................................................14 Section 7. Presentation of Evidence ................................................................................................................14 Section 8. Additional Evidence ........................................................................................................................14 Section 9. Postponement of Hearing ...............................................................................................................15 Section 10. Rules of Evidence ..........................................................................................................................15 Section 11. Chair to Rule on Admissibility .......................................................................................................15 Page 38 of 57 Rules Governing St. Croix County Board of Adjustment 5 Section 12. Interested Persons May Testify ....................................................................................................15 Section 13. Record of Hearing .........................................................................................................................15 Section 14. Adjournments ...............................................................................................................................15 Section 15. Withdrawal of Appeal or Application ............................................................................................15 Article VII. Decisions of the Board of Adjustment ...............................................................................................16 Section 1. Majority Vote Required ..................................................................................................................16 Section 2. Findings and Decisions to be Written .............................................................................................16 Section 3. Decisions to be Mailed ....................................................................................................................16 Section 4. Decision to Relate to Specific Property ...........................................................................................16 Section 5. Informal Advice Not Binding ...........................................................................................................16 Section 6. Cases to be Determined Individually ..............................................................................................17 Section 7. Order for Permit Valid for One Year ...............................................................................................17 Section 8. Action in Circuit Court .....................................................................................................................17 Article VIII. Refilings and Rehearings ...................................................................................................................17 Section 1. Three-Year Refiling Rule ..................................................................................................................17 Section 2. Exception to Three-Year Rule .........................................................................................................17 Section 3. Reopenings and Rehearings Limited ...............................................................................................17 Section 4. Closure of Case ...............................................................................................................................18 Section 5. Reconsideration on Board of Adjustment Motion ..........................................................................18 Section 6. Reconsideration By Request ...........................................................................................................18 Section 7. Reconsideration Tolls Appeal Period ..............................................................................................18 Section 8. Procedures for Reconsideration .....................................................................................................18 Page 39 of 57 Rules Governing St. Croix County Board of Adjustment 6 Article IX. Revocation ...........................................................................................................................................19 Section 1. Authority .........................................................................................................................................19 Section 2. Who May File ..................................................................................................................................19 Section 3. Revocation Request ........................................................................................................................19 Section 4. Procedures for Revocation ..............................................................................................................19 Section 5. Reasons to be Stated ......................................................................................................................20 Section 6. Decision for Revocation ..................................................................................................................20 Section 7. Appeals ...........................................................................................................................................20 Article X. Amendment of Rules ............................................................................................................................21 History of Board of Adjustment Rules .................................................................................................................21 Page 40 of 57 Rules Governing St. Croix County Board of Adjustment 7 Article I. General Provisions Section 1. Authority The Board of Adjustment is established pursuant to Wisconsin Statutes § 59.694. The Board of Adjustment is an independent decision-making body not subject to County Board control. The Board of Adjustment shall act in a fair and impartial manner, without bias or prejudice, and render its decisions based on law, facts and rational analysis. A copy of these rules shall be filed with the County Clerk to be kept as a permanent public record. Copies of the rules shall also be available to the public. These rules are supplementary to the provisions of the land use ordinances of the County Code as they relate to the procedures of the Board of Adjustment. Section 2. Title The official title of this Board is the St. Croix County Board of Adjustment. Section 3. Members and Terms A. The Board of Adjustment: 5 members comprised of at least 1 but not more than 2 Supervisors with the balance citizen members plus 2 alternate citizen members. The alternate citizen members shall be designated First Alternate and Second Alternate and shall only serve when 1 or 2 of the 5 voting members (Supervisor or citizen) are absent. The County Administrator shall appoint the members with the approval of the County Board for terms of three years beginning on the date of the first Board of Adjustment meeting following County Board approval at its May meeting each year. If members cannot be appointed at the May County Board meeting, members shall serve until their successors are appointed. In the event a citizen member of the Board of Adjustment is elected to the County Board, the newly elected board member will be allowed to fulfill his/her term on the Board of Adjustment. The terms shall be staggered so that one or two terms expire each year. B. If a supervisor member of the Board of Adjustment is not re-elected to the County Board and the term he/she is serving on the Board of Adjustment does not expire in the year the County Board term begins, a vacancy will be deemed to have occurred on the Board of Adjustment and another supervisor will be appointed to serve the remainder of the term. C. Any vacancy on the Board of Adjustment shall be filled for the remainder of the term in the same manner as appointments are made. Page 41 of 57 Rules Governing St. Croix County Board of Adjustment 8 D. All members of the Board of Adjustment shall reside within unincorporated areas of the County and no two members shall reside in the same town. Members of the Community Development Committee shall not serve on the Board of Adjustment. Section 4. Conflicts of Interest Any member of the Board, who: A. Believes his/her relationship, prior knowledge or prior action prevents him/her from deciding without bias; or B. Has any direct or indirect interest, personal or financial, in a matter before the Board ;shall not vote thereon or participate in the deliberation of such matter at any meeting or hearing at which said matter is under consideration. A disqualifying conflict of interest shall be deemed to exist when: a. the Board member is the applicant or spouse of the applicant, or is related to the applicant within the third degree of consanguinity, or is the husband or wife of someone so related; or b. the applicant is the employer, employee or partner of the member or is a corporation in which the member is a major shareholder or has a major financial interest; or c. the member owns property within 300 feet of the property which is the subject of the application. Section 5. Limitations Nothing herein shall be construed to give or grant to the Board, the power or authority to alter or change the County land use ordinances or zoning or other official maps of the county, which authority is reserved to the County Board of Supervisors. Section 6. Board’s Office The office of the board shall be located at the St. Croix County Community Development Department. All records of the Board shall be available for public inspection between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, except for legal holidays. Page 42 of 57 Rules Governing St. Croix County Board of Adjustment 9 Article II. Officers and Duties Section 1. Officers Officers. The Board of Adjustment shall choose a chair and a vice-chair. The chair shall conduct the proceedings of the Board of Adjustment pursuant to State law, the County Land Use Code and Board of Adjustment written rules. In the absence of the chair the vice-chair shall conduct the proceedings. Section 2. Duties of Officers The chair, if present, otherwise the vice-chair, shall preside over and direct the conduct of all meetings and hearings of the Board and may administer oaths and compel the attendance of witnesses. In the absence of both the chair and the Vice-chair, the members shall appoint a chair. The chair shall report on all official transactions that have not otherwise come to the attention of the Board. The chair shall, subject to these rules and further instructions from the Board, direct the official business of the Board, supervise the work of the Board and request necessary help when required. The chair or the presiding officer, subject to these rules, shall decide all points of procedure or order, unless otherwise directed by a majority of the members in attendance on motion duly made and approved. The Board shall maintain permanent minutes. The Board shall record hearings and proceedings and keep such recordings for one year; County staff shall assist the Board of Adjustment in performing its clerical duties. The County Corporation Counsel, or his/her designated representative, shall be the legal counsel for the Board. Any offered advice of counsel shall be received before disposition of any question. Article III. Meetings Section 1. Time: How Called Meetings and hearings of the Board shall be held upon notice of the chair pursuant to Wis. Stat. § 19.84. Hearings shall be advertised as required by law. Section 2. Quorum A quorum shall consist of a majority of all members of the Board and no action may be taken except by a majority vote of such quorum, except a lesser number may meet and adjourn any meeting duly called and noticed to a time certain. Page 43 of 57 Rules Governing St. Croix County Board of Adjustment 10 Section 3. Order of Business The Chair shall prepare an agenda for each Board meeting, listing the matters of business at all meetings in the following order: A. Call to order. B. Action on the minutes of previous meeting(s). C. Roll call. D. Public hearings. E. Site visits. F. Business Items. G. Announcements and correspondence. H. Date of next meeting. I. Adjournment. The order of business may be varied from the preceding by consent of the members present. Section 4. Robert’s Rules of Order Robert's Rules of Order shall govern actions of the Board and conduct of its meetings if not covered by these rules or the County Code of Ordinances. Article IV. Powers and Duties of the Board Section 1. General Powers The powers and duties of the Board of Adjustment are identified in Section 59.694 of the Wisconsin Statutes and in the various land use ordinances that have been adopted by the County. The Board shall have the following general powers: A. To hear and decide appeals where it is alleged there is error in an order, requirement, decision or determination made by an administrative official in the enforcement of Wisconsin Statutes §§ 59.69 and 59.692 or of any County land use ordinances. B. To hear and decide conditional uses (special exceptions ) to the terms of an ordinance enacted pursuant to Wisconsin Statutes § 59.69 or of any County land use ordinances. C. To authorize upon appeal in specific cases variances from the terms of any ordinance enacted pursuant to Wisconsin Statutes §§ 59.69 or 59.692 or of any County land use ordinances that will not be contrary Page 44 of 57 Rules Governing St. Croix County Board of Adjustment 11 to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship or be unreasonably burdensome, and so that the spirit of the ordinance shall be observed and substantial justice done. D. To grant conditional uses and variances for renewable energy resource systems. If the board denies an application for a conditional use or variance for such a system, the board shall provide a written statement of its reasons for denying the application. “Renewable energy resource system” means a solar energy system, a waste conversion energy system, a wind energy system, or any other energy system which relies on a renewable energy resource. E. To revoke conditional uses or variances for failure to comply with specified conditions. After conducting a hearing, following procedures similar to those utilized in considering the granting of a conditional use or variance in Article V, a finding of noncompliance with the conditions originally imposed is grounds for revocation. F. Interpret the zoning district maps. Section 2. Scope of Orders In exercising the powers under Section 1, the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken, and may issue or direct the issuance of a permit. Section 3. Conduct of Members and Support Staff Members of the Board of Adjustment shall not attempt to influence, nor allow themselves to be influenced by anyone, including other members of the Board of Adjustment and/or Community Development Department staff, regarding matters to come before, or that are before the Board outside of formal Board of Adjustment proceedings. Members of the Board of Adjustment may seek legal advice. The above does not prevent members of the Board of Adjustment and county staff from discussing hypothetical scenarios, procedural matters and possible land use ordinance amendments. Page 45 of 57 Rules Governing St. Croix County Board of Adjustment 12 Article V. Applications and Appeal Procedures Section 1. Who May File Applications to the Board of Adjustment and appeals from the land use code administrator’s decisions shall be filed with the land use code administrator by the applicant or appellant, his/her agent or attorney. Appeals may be filed by any person aggrieved or by any officer, department, Board of Adjustment, or bureau of the county or town affected by the land use code administrator’s decision. The land use code administrator shall transmit copies of applications for variances, conditional use permits and appeals to the affected towns and other agencies with interest and jurisdiction for review and comment. Section 2. Time to Appeal Applicants may request a written decision from the land use code administrator. Appeals from the land use code administrator’s decision must be filed within 30 days after the date of a written decision. Section 3. Required Information Failure of the appellant to supply the required information within 30 days of filing of an appeal or application may be considered by the Board of Adjustment as a failure to comply with application and appeal procedure and the case may be dismissed for failure of timely filing. Applications or appeals shall be made on forms provided by the Board of Adjustment or land use code administrator. Any communication, except on prescribed forms, purporting to be an appeal shall be deemed a mere notice of intention to file and shall not be deemed a filing to comply with requirements of timely filing. Section 4. Reasons to be Stated The reason for the application or appeal must be stated and the reasons why the request should be approved must also be stated by the applicant or appellant. If a variance is requested, facts should be stated upon which findings may be made by the Board of Adjustment to justify the granting of the variance. If a conditional use permit is requested, facts should be stated upon which findings may be made by the Board of Adjustment to justify granting the conditional use. If an appeal is based upon an alleged error or abuse of discretion of the land use code administrator, facts should be stated as to the nature thereof. Page 46 of 57 Rules Governing St. Croix County Board of Adjustment 13 Section 5. Dismissal of Case The Board of Adjustment may refuse to hear a case upon the failure of the applicant or appellant to supply the required information called for on the forms and as further reasonably required by the land use code administrator. Section 6. Owner’s Consent and Representation The forms shall bear the signature of the owner of the property affected or shall be accompanied by a letter from the owner acknowledging the filing of the form. An applicant or appellant may file an appeal or application personally or by an agent or attorney. Section 7. Time for Hearing Each appeal or application shall be considered by the Board of Adjustment at its next meeting, provided there is sufficient time between the date of the appeal and the date of the meeting for the required hearing notices to be published. Section 8. Notice of Hearing The Board of Adjustment shall give, or cause to be given, notice of each hearing as required by law and these rules. This shall include at least the following: 1) publication of a Class 2 hearing notice in a newspaper of general circulation; 2) mailing a notice of the hearing to the applicant, and where required to the district office of the Department of Natural Resources at least 10 days before the hearing; 3) mailing a notice of the hearing to the town board of the town in which the property is located, not less than one week before the date of the hearing. In addition, notice shall be mailed to all property owners within 300 feet of the perimeter of the property affected. Section 9. Effect of Appeal An appeal shall stay all proceedings and furtherance of the action appealed from, unless the land use code administrator shall certify to the Board of Adjustment, after the notice for appeal shall have been filed with him or her, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed, otherwise than by a restraining order, which may be granted by the Board of Adjustment, or by a court of record on application and notice to the office from whom the appeal is taken and on due cause shown. Page 47 of 57 Rules Governing St. Croix County Board of Adjustment 14 Section 10. Fee The applicant shall pay such fees as may be from time-to-time established by the Community Development Committee, which amount shall be deposited with the Community Development Department for each application filed before a public hearing will be scheduled. Article VI. Proceedings on Hearings Section 1. Appearances, Adjournments At the time of the hearing, the applicant or appellant may appear in his own behalf or be represented by his counsel or agent. A recess or adjournment of a hearing, made at a noticed hearing date, to a time and place certain is adequate notice to the members and the public of a new hearing date. Section 2. Witnesses The chair, or Acting chair, may compel the attendance of witnesses and may require those wishing to testify to state their names and their interests in the matter before the Board of Adjustment. Section 3. Order of Hearings Hearings on cases shall normally follow this order: 1) Witnesses register and sign the oath. 2) Chair makes statement of hearing notice. 3) Staff presents report and recommendations. 4) Applicant presents evidence. 5) Supporters present evidence. 6) Objectors present evidence. 7) Other interested parties present questions and comments. 8) The Board of Adjustment may permit staff and applicants to make rebuttals. 9) If the Site Inspection influences the Board, it must be documented in the hearing record to be considered in the decision. Audio recording, videotape or photos taken while on-site and board members’ individual testimony on the record may be included on the record when the Board returns from the Site Inspection. Page 48 of 57 Rules Governing St. Croix County Board of Adjustment 15 Section 4. Preliminary Matters Following the staff report and recommendations, the Board of Adjustment may hear arguments on the question of jurisdiction and request that briefs be filed on the point. The Board of Adjustment may proceed with the hearing and the taking of testimony in any event and reserve its determination on a jurisdictional question and render a decision on the merits as if it had jurisdiction. The Board of Adjustment may make an immediate determination upon a finding that it lacks jurisdiction. If the Board of Adjustment determines by motion that it lacks jurisdiction, it shall be recorded in the decision as a vote to deny the request. Section 5. Parties Not to Interrupt Orderly procedure requires that each side shall proceed without interruption by the other; that all arguments and pleadings shall be addressed to the Board of Adjustment and that there be no questioning or arguments between individuals. Section 6. Questions and Debate During the hearing, the chair, Board of Adjustment members and members of the staff may ask questions and make appropriate comments pertinent to the case; however, members shall not debate or argue an issue with the applicant. The chair and Board of Adjustment members may direct any question to the applicant or to any person speaking in order to bring out all relevant facts, circumstances and conditions affecting the case and may call for questions from members of the staff. Section 7. Presentation of Evidence All supporting evidence for and against each case shall be presented to the assembled Board of Adjustment. Any evidence presented in an electronic format, such as videos or social media posts, shall be presented at the hearing for everyone to view. The applicant or appellant shall be responsible for the presentation of all information supporting his/her case. The Board of Adjustment may take administrative notice of the land use ordinances of the County and laws of the State of Wisconsin and of other relevant facts not reasonably subject to dispute on its own motion or motion of a party. Anyone interested in giving an electronic presentation must notify the land use code administrator at least one week in advance of the scheduled hearing date, subject to the following guidelines: A. The presentation should take no longer than five minutes. Page 49 of 57 Rules Governing St. Croix County Board of Adjustment 16 B. The presentation should be limited to graphic images only – such as photos, maps, drawings, or figures - and should not include large blocks of text or bulleted text that can be presented orally. C. At least three full business days prior to the hearing date, the presenter must submit to the land use code administrator 12 hardcopies of the presentation to be filed for the record and distributed at the hearing as an exhibit, as well as an electronic file of the presentation. Section 8. Additional Evidence The Board of Adjustment may take a case under advisement for later consideration and determination, or may defer action when it concludes that additional evidence is needed or further study is required. Section 9. Postponement of Hearing Cases may be postponed only by prior arrangement with the land use code administrator if the request is received in time to publish an amended second notice. Section 10. Rules of Evidence The Board of Adjustment shall not be bound by court rules of evidence, but it may exclude irrelevant, immaterial, incompetent, unduly argumentative or repetitious testimony or evidence. Section 11. Chair to Rule on Admissibility The chair shall rule on all questions relating to the admissibility of evidence, which may be overruled by a majority of the Board of Adjustment present. Section 12. Interested Persons May Testify Persons having an interest in the case may attend the hearing and may request an opportunity to testify provided they identify themselves and sign the list of persons attending the hearing. All testimony shall be under oath. Section 13. Record of Hearing Transcripts of recorded proceedings shall not be prepared unless ordered by the circuit court by a writ of certiorari. Any party or member of the public may make a record of the proceedings by any means that does not disturb the hearing or others present. Page 50 of 57 Rules Governing St. Croix County Board of Adjustment 17 Section 14. Adjournments When all appeals or applications cannot be disposed of on the day set, the Board of Adjustmentmay recess from day to day or to a day certain, as it may order, and such recessed day shall be construed as a continuance of the hearing. Notice of such recess shall be given to the absent members of the Board of Adjustment. Section 15. Withdrawal of Appeal or Application An appellant or applicant may withdraw an appeal or application at any time prior to the decision, but a pending motion to approve or deny the appeal or application shall have precedence over withdrawal. Withdrawal of the appeal shall not entitle the appellant or applicant to remission of the filing fee. Article VII. Decisions of the Board of Adjustment Section 1. Majority Vote Required The concurring vote of a majority of all members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of any administrative official; to decide in favor of the applicant on any matter upon which it is required to pass judgment under land use ordinances; to effect any variance; or to revoke any conditional use permit(s) or variance(s). Section 2. Findings and Decisions to be Written In acting on any matters before it, the Board of Adjustment shall make findings supporting its actions. All decisions shall be in writing and contain the facts and findings upon which the decisions are based. Section 3. Decisions to be Mailed Within 30 days of the close of the hearing to which the decision relates, written copies of such decision shall be mailed to the applicant and all parties who have requested a copy or as required by law and made a part of the permanent record. The approval or granting of appeals by the Board of Adjustment is deemed to constitute an order to the land use code administrator to process an application, allow a land use or issue a permit. A denial of the application or appeal by the Board of Adjustment is deemed to be an order to deny the permit. Decisions on floodplain and shoreland-wetland zoning appeals, variances and conditional uses shall be sent to the district office of the Wisconsin Department of Natural Resources. Decisions granting variances or exceptions Page 51 of 57 Rules Governing St. Croix County Board of Adjustment 18 in exclusive-agricultural district shall be sent to the Wisconsin Department of Agriculture, Trade and Consumer Protection. Section 4. Decision to Relate to Specific Property The decision of the Board of Adjustment shall be deemed as applying to the property rather than to the individual and is valid only for the specific premises in the case and is not transferable to other properties. Section 5. Informal Advice Not Binding No informal request for advice on moot questions need be given by the Board of Adjustment. Any advice, opinion or information given by any Board of Adjustment member any other official or employee of the County shall not be binding on the Board of Adjustment. Section 6. Cases to be Determined Individually No action of the Board of Adjustment shall set a binding precedent. Each case shall be decided upon its merits and upon the attendant circumstances, provided the Board of Adjustment shall not act arbitrarily or capriciously. Section 7. Order for Permit Valid for One Year An order issued by the Board of Adjustment requiring a land use code administrator to issue a permit shall become void after one year unless the applicant or appellant shall have filed an application for such permit with the land use code administrator within such time, provided that the time may be extended when so specified by the Board of Adjustment. Section 8. Action in Circuit Court Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, other board or bureau of the County may commence an action in the circuit court for writ of certiorari to review the legality of such decision in whole or in part, within thirty days after the filing of the decision in the office of the Board of Adjustment. Page 52 of 57 Rules Governing St. Croix County Board of Adjustment 19 Article VIII. Refilings and Rehearings Section 1. Three-Year Refiling Rule No matter which has been acted upon by the Board of Adjustment shall be considered again within three years from the date of action, except as hereinafter provided. Section 2. Exception to Three-Year Rule The Board of Adjustment may hear cases within said three-year period concerning the same property only when: (a) The case does not involve a request for an identical permit or does not allege the same misinterpretation or error, point of non-coverage or hardship as the previous case, or when (b) the case does not contain the original request for specific variance, or when (c) substantial change in the use of adjacent property has occurred since the previous case was heard, or if (d) the previous case was closed without a hearing because the applicant was not present at the time such case was scheduled for a hearing. Section 3. Reopenings and Rehearings Limited The Board of Adjustment may not: (a) reopen any case upon which a previous hearing has been held, except to correct a manifest error, but it may reconsider a case as provided by these rules; or (b) hear or rehear any case to determine the location of any district boundary line where the Board of Adjustment has previously determined the location of such boundary line, unless new evidence is submitted. Section 4. Closure of Case A case will be considered as heard and closed at such time as the Board of Adjustment approves or rejects an application or appeal by motion or when it is considered closed by operation of these rules. Section 5. Reconsideration on Board of Adjustment Motion A decision of the Board of Adjustment may be reconsidered: a) by motion to reconsider made at the same meeting which may be immediately disposed of without further notice, or b) by motion to reconsider made not later than the following regular meeting, in which event, the matter shall be placed on the calendar for a subsequent hearing and a new notice given without additional fee. Page 53 of 57 Rules Governing St. Croix County Board of Adjustment 20 Section 6. Reconsideration By Request The Board of Adjustment may entertain a request for reconsideration by a party interested provided the request is in writing and new written evidence is submitted with the request. On receipt of a properly filed request to reconsider, it shall be placed on the next agenda under "Business Items" for consideration at the next regular meeting. A request for reconsideration must be filed with the Board of Adjustment at least 15 days prior to the next regular meeting date. Section 7. Reconsideration Tolls Appeal Period The filing of a request or adoption of a motion for reconsideration shall stop the running of the 30-day period in which a petition to the circuit court must be made. The 30-day period will run in such event from the date a decision not to reconsider is made by the Board of Adjustment, or if the matter is reconsidered, from the date the decision on the reconsidered matter is filed in the Board of Adjustment's office. Section 8. Procedures for Reconsideration A simple majority vote shall be sufficient to reconsider a previous decision. If reconsideration is refused to an interested party who has requested reconsideration, the Board of Adjustment shall enter in the minutes the basis of the request, the reason why it was refused and the vote of the Board of Adjustment members thereon. If reconsideration is approved, the case will be placed on the agenda for the next regular meeting and notice given of the re-hearing as required for an original hearing upon payment of the re-hearing fee. Article IX. Revocation Section 1. Authority The Board of Adjustment has the authority to revoke conditional use permits or variances for failure to comply with specified conditions. After conducting a hearing, following procedures similar to those utilized in considering the granting of a conditional use permit or variance inArticle V, a finding of noncompliance with the conditions originally imposed is grounds for revocation. Section 2. Who May File The land use code administrator may file a request for revocation with the Board of Adjustment to revoke conditional use permits or variances for failure to comply with specified conditions. Page 54 of 57 Rules Governing St. Croix County Board of Adjustment 21 Section 3. Revocation Request The Board of Adjustment may entertain a request for revocation by the Land use code administrator provided the request is in writing and evidence is submitted with the request. On receipt of a properly filed request to consider revocation, the request shall be placed on the next agenda under “Business Items” and addressed at the next regular meeting. A request for revocation must be filed with the Board of Adjustment at least 15 days prior to the next regular meeting date. Any evidence presented at the meeting to consider the request for a revocation hearing shall be presented again at the revocation hearing if one is scheduled. An affected permit holder, property owner or their heirs or assigns, shall be provided notice of the request for revocation. The notice shall be by any of the following methods: 1. Personal service by law enforcement; 2. Certified mail with optional return receipt requested to the last known address; 3. Service by staff member with a completed affidavit of service; 4. Posted on the premises for a reasonable time period; or 5. Publication in the official County newspaper. Section 4. Procedures for Revocation A simple majority vote shall be sufficient to decide whether to schedule a revocation hearing. If the requested revocation is refused, the Board of Adjustment shall enter in the minutes the basis of the request, the reason it was refused, and the vote of the Board of Adjustment members thereon. If the requested revocation is approved, the case will be placed on the agenda to hear arguments for and against revocation at the next regular board meeting and notice shall be provided to the property owners, surrounding landowners and town as provided in Section 8 of Article VI. Proceedings on Hearings shall be followed. Section 5. Reasons to be Stated The reasons for revocation, including the noncompliance with specific conditions from the original conditional use permit or variance decision, must be stated, evidence of noncompliance provided, and any additional facts or reasons for revocation must also be stated. Findings of fact must be made by the Board of Adjustment to justify the revocation of either a conditional use permit or a variance. Page 55 of 57 Rules Governing St. Croix County Board of Adjustment 22 Section 6. Decision for Revocation A revocation hearing shall not affect conditions of the permit or variance until a decision has been made by the Board of Adjustment. The Board of Adjustment can only take action to grant revocation or deny revocation of a conditional use permit or a variance in whole. No conditions of a conditional use permit or a variance may be modified. The Board of Adjustment shall specify in their written decision all items or activities that are required to be ceased, closed, abandoned, or stabilized, and any maintenance that shall be completed. The effect of an affirmative decision To revoke a conditional use permit(s) by the Board of Adjustment shall cause all operation(s) to cease and shall include authorization to legal counsel totake legal action to remedy violations or damages, cause the conditions of the conditional use permit to be imposed and/or addressed, and the property to bear the cost of such actions. The effect of an affirmative decision to revoke a variance(s) by the Board of Adjustment shall include authorization to take legal action to remedy violations or damages, cause the conditions of the variance to be imposed and/or addressed, and the property to bear the cost of such actions. A copy of the written decision shall be provided to the permit holder, property owner or their heirs and assigns, by the same methods as set forth in Article IX, Section 3. Section 7. Appeals Any person aggrieved by an action to revoke a conditional use permit or variance may appeal to the Circuit Court as provided in Article VII. Decisions of the Board of Adjustment. Article X. Amendment of Rules These rules may be changed or amended from time to time by a majority vote of the Board of Adjustment at any regular or special meeting. History of Board of Adjustment Rules The foregoing rules are hereby adopted by the Board of Adjustment for the County of St. Croix on the 28th day of July, 1994. Page 56 of 57 Rules Governing St. Croix County Board of Adjustment 23 The foregoing rules are hereby amended by the Board of Adjustment for the County of St. Croix on the 28th day of December, 2006. The foregoing rules are hereby amended by the Board of Adjustment for the County of St. Croix on the 25th day of January, 2007. The foregoing rules are hereby amended by the Board of Adjustment for the County of St. Croix on the 23rd day of February, 2007. The foregoing rules are hereby amended by the Board of Adjustment for the County of St. Croix on the 26th day of April, 2007. The foregoing rules are hereby amended by the Board of Adjustment for the County of St. Croix on the 28th day of June, 2007. The foregoing rules are hereby amended by the Board of Adjustment for the County of St. Croix on the 28th day of January, 2010. The foregoing rules are hereby amended by the Board of Adjustment for the County of St. Croix on the 2nd day of April, 2013 and placed as Addendum I of the St. Croix County Rules and Bylaws of the Board of Supervisors. The foregoing rules are hereby amended by the Board of Adjustment for the County of St. Croix on the 24th day of July, 2014 and placed as Addendum I of the St. Croix County Rules and Bylaws of the Board of Supervisors. The foregoing rules are hereby amended by the Board of Adjustment for the County of St. Croix on the 24th day of September, 2015 and placed as Addendum I of the St. Croix County Rules and Bylaws of the Board of Supervisors. The foregoing rules are hereby amended by the Board of Adjustment for the County of St. Croix on the 27th day of July, 2023 and placed as Addendum I of the St. Croix County Rules and Bylaws of the Board of Supervisors. The foregoing rules are hereby amended by the St. Croix County Board of Supervisors pursuant to Resolution ___(2026) for the County of St. Croix on the ___ day of ____, 2026 and entitled “Rules Governing St. Croix County Board of Adjustment.” Page 57 of 57