HomeMy WebLinkAbout030-2029-60-010ST ,tea„4„ti Y l
August 27, 2020
Trinity Lutheran Church of Stillwater
11541h St
Stillwater, MN 55082
Community Development
Government Center
1101 Carmichael Road I Hudson W 154016
Telephone 715-386-46WJ Fax 715-386-4686
www sccwi gov
File Reference 'CUP-2020-006
RE Conditional Use Decision
Property located in the NW '/ SE 14, Sec 22 T3014, R20W, Town of St Joseph
Project address is 1433 Main Street
To Whom It May Concern,
The St Croix County Board of Adjustment reviewed your request for the following Rem
1. A Conditional Use Fermat for a Drive In Movie Theater within the Commercial
DislnR, pursuant to Section 17.18 (12) of the St Croix County Zoning Ordinance.
After the hearing, the Board of Adjustment approved the revised findings of fact,
conclusions of law and decision Please feel free to contact me with any questions or
concerns
Saraly /
/AL
Land Use & Conservation Specialist
Enclosure'. Formal Decision dated 8/27/2020
EC Town of St Joseph Clerk, rlerk0townofshoz o� h com
Trimly Lutheran Church, be'selt@tr ntdc om
Nathan Block, tallmov a @�Lly@gma l com@ama I com
CC File
Sarah M. Ronal
Sarah Borrell@sccwi gov
(715) 386-4680
FINDI.SGS,CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROLC COLNTY, MTSCONSIN
F ile Number CUP-2020.006
Applicant 'I unity Lutheran(wrch of Stillwater
Agent Nathan Block
Complete Application Received June 1. 2020
Nature Notice Publication falls 9 and 16. 2020
Fearing Date July 23 and Augni 37, 2020
FINDINGS OF FACT AND CONCLUSION' OF CA
Her ing heard all The Itexamanw. considered the entire record heroin and "sited The site. the Board o'Adjuenmenl
makes the following Findings of I am and Conclusions of Lax pemnem m the applicant s Conditional Can
requests
I The property owner is Tinny Lutheran Church of Not letter The agent is Nathan Block
2 The site is located in NW '6 SE'A Sec 22 T30N R20R. Torn of Saint Joseph
t Ihesite is approximately 594 acres and is coned Common ial District Surrounding land uses are
pitman ly c mmeraal wah cNincennal and mdustred
J The applicant requests a Cond tional Use Permit for a Um a -In Move Theater Since this Proposed
use is net specificall, identified as a examined use or conditionals pemtnted use. it is categorized
pursuant to section 17 19 (12) Uses Not Lined
aJ The proposed nix all he allowed w uncontrolled use
h) Theproposedmenaenmbnationofthefolmwrnglistaduses
1 1718(our Outdoor Recrummi Factlny
2 1p1ggoes - 1 heater. Movie or Perform ing Ads
5 The Zoning Administrator Tax detemtmed that the use is rim tar m other conditional uses in the
Commercial District and urnldbeallouad Assuch. the Conditional Use Permit is submitted to the
Board of Adjustment
6. Tiro Town of St Joseph recommended appmxal of die Conditional Use Permit application for a
Dnccln Theater.
There is currently one driveway sent -trig as access to the property and the applicant will use this as
die role access for ingress and egress from the property
g The existing screen structure (45' x 90 ) wJl be refurbished w nM1 a meal screen The structure will
remain in the exact fompnt t and the sae of the screen will non he expanded
9 The existing consequorn, renroom (30' x 45') budding will be reconstructed The structure wt11
v the exact footprintlaid mill not be expanded color ry to conform link any
applicable health or safes Placed regulations or code requirements, recessive
Applicant and Agent will
need to was with the Zoning Administrator to evcame the need for any surface water management
measures that may m be needed related to y changes to tirew eunsmrJrestroom building size or
footprint
10 Perimeter fencing exists along the Nodu South. and lax properry boundary
11 Vegetation has overgrowth near the screen and veal need to he removed Landscaping including
trees and scrubs are present and well established along the northern, western and southern property
boundaries Ifmamumed. the existing landwape planungs and natural treecover Wavide sufiaent
screening
12 The Drive -In wall open from April "Amber 31" and operate seven days a week, from ]pm to
_am, with the first aborcume an icipacaUndo Wore dusk.
13 Prinnoshowame perfarmacesoflwelnusmnemadened Amplified noise shall end anorlaefare
Input
1e. All soundfor me Dd.e-In via he transmitted ua FM main urgency No emdoor speaers will be
used
IS Conditional uses shall outs be granted subject to the following powssurna, pursuant to Sacuon
ar No grant of a conditional use shall t solace the spirit it genml intent of this chapter This
re aces nal ,smote she spvit me intent of the 0dmarre season I' 181121 allows
apphmnonjo r a use tier speuGc fish fund than man be s friends srmdm in nature ro a
intentional meor a fnmhiianal are Tim Lmnrg Administrator liar deterntinaddes pmpared
use can he allaued toappl )oraconduend use sweats us/ea to crpMoral us she Board
of Adru ommlaror anUutdaar get emmm FarsNm re tar used a�Theater or
Pe f rtmag Aam r
b1 No conditional use shall he thus, ad xM1ich could be contrary to the public health sa&p.
or general welfare or ,huh xould be mhai ially wherse to property wlues In the
nmghbokuwd aaectN Ton wen III nat he court ;a thepuhlic health much. engrosses
unsure noruillythe t,hounnallj adveratiescrooderm towel inthe area Thd srs rim
woonmlh wed ice art% cost music theater I, Its a similar amount at ourrourafting land we
drum The amount of umnmem sl land ave but me reined atrMin the neighborhood since
avm lint npenvd the amamd of, rest; causes resiJeonsl(und it it hat remained the same
as No use shall be perm red by a conditional use that world constitute a nuisance reason
of noise, dust. smoke odor or other similar factors With condoms s pave emotions of
the drmeway/p ra that admen it not rraaked our own; the public reach a owring
for tormenter n i sing parking area.,as postmortem m em vegeand limiting
hoursJopera n Im, land mmn eompaahle %an the surrounding uses The board shall
also apply standards set loch in other.mmons of this chapter whsh apply to particular
classes of conditional uses .SupplemenmGmndards for a Orivedn Monte Theater are nor
prowded in the Ordinance Supplemental standard for Conditional Uses in the
Commerce! Dnauc were Aeon reviewed andare loomed ern the next elide
16 The emotional use standards found In section l] I8(103 Conditional Use Standards, art applicable
and the Board of Adjustment shall consider the following
a) The effort of the proposed use upon the wa I h, safety. morale u, and general
welfare of the occupants of the surrounding lands. existing and anticipated traffic
conditions, including parking needs, the effect on utility capacities
b) rheeffecton Wopeny values and scenic views in the outstanding area Thenrrrent.nams
ohhecrropi ronmmhm ddupulnn'd redeeelopmem arm ncrione the overall vrnhdrn
of The site tend vegoulon ern help oreuh this Imnl un'from caroming residential
praperner
c) Drainage The vglu o nlamals/Im un Choonrvmsurds the roadm oicelandqua
dl Erosion mutual Consent conrrolplmu mere norprmvded A.irap.mme uascondurned
unions, erosion omens represent
e) Environmental effems harnmmer r noB has riot he,n addressed in home upphmoan
homrnrhere Joe, not apleur ar he euvmg veins The limo E onounn lµmemenr
required Av ordmuu'7rthnwung lea mdlln ra life increase at unofl
H How the pmpmcd use Mile% To adopted Counh or Iowa comprehensive plan In
general. rise lord esummer heminph n, uup/roo ederclopmenfhernling tiles Neither the
Insure Lund Lse flop nor rile µhue, motor she.h ('role (')unn Comprehensive Plan,
requite, u loadamvree nr anionic an current use or zoning ofby%or her /anal
gl The Booty of Adpulnuent will consider such factors as make dun, nocuous or toxic
liquids, gale or odors. nurse, glom sihrabon, hear% mbaulartmlPc and incased DaRc
on the public streets
DECISION
On the basis of the above Findings of Fact Conclusions of Law and the accord herein, the Bound approved
the applicants Conditional b¢ request, with the follow ing conditions
I The Conditional Use Permit appms at in operate a Iym uln Moshe Theater in the Commercial
District as identified In the application ubm nmd on Junk I, 2020 and as pins Well in the conditions
bolo
2 The site may be open to the public from rpm to tam
3 All parking shall comply with Chapter 17 57, OD-gtnet Parking Them shall be no off--sir"I
sedation snacking ofcars along the public roadway, unless an arrangement andapproval sagreed
upon with the road jurisdictional authority All parking shall he internally directed by staff All
parking areas shall maintain a du%Ef tie surface by permanent vegetation
q This permit at lows for a maxmmm of200'CuLles onside per showing
o The spot mat may use both driveway s but on ly one at a time
b The first 200-feet of each driveway that is used for ingresskgress shall be paved "thin two -years
of conditional use pane approval
1 9mrmwater management shall be snbm died to aeaount for new mspervlous surface sit that runoff
infiltrates onsini
g Penineer screening along the mnh.%lost and worn site boundaries shall be mamtaecd to notion
headlights from vehicles exiling the property late at night and to screen towns on she from
surrounding properties
0. Perimeter fencing shall be installed along the eastern property boundary wnhm tots %ears of
alpinist
10. The screen sentence and concession stand shall rim he expanded or enlarged, unless requited to
net Wisconsin Uniform Commercial Building Code requirements The structures shall he
structurally sound and meet applicable binding code requirements priorto any business operations
II 5ohd waste facilities shall be provided by a comfort sanitation
service equipped to provide
temporary waste management onside and removed Irom the property The site shall be maintained
in a neat and orderly manner
12 If lighting is later installed to mpplemem the right for safes, and sencnry, lighting shall be
downward directed and shielded from neighboring properties I here shall be no off -property dart.
11. If additional grovel is required along the puking areas, a she plan shall be prepared to accommodate
stornimmor management and pro. Wed to the Zoning Administrator for we and appaoval
IJ Them is an caning Seni an system (PO % IS) on the property The POW US shall be inspected for
compliance w ith Chapter l 2, Sanitary I` the POWTS is not in compliance with Chapter 12, it shall
be brought into compliance prior to any burn ess operations
15. Nry sponge shall comply wdh Section 17 65. Sign Regulation of the St Croix County Zoning
Ordnance
16 The Coleman A Development Department shall cundnq periodic inspections and follow up whL
the owners operators regarding any complaints over the next year At the end of one year. CDD
well shall prepare a status report for a regularly scheduled Board of Adjustment meeting, one year
from the opening of the Drive-innte ln Moo Thear, to renew compliance with permit conditions
17 rile applmaninagent shall w responsible for securing am machines, local, State and/or Federal
Khmers) and approvals. and subject to ensfactioos 65 St Croix Counts Public health licensing
Ig. These consensus man be amended or additional scrubbers now be added if unain¢Iphed
umum resources w that ould affect the health and or rife s of citizens or degrade the natural
a f St Croix Comm Conditions ons ill rim be amended or added without notice to the
i applant and an oppohumtj for a pubha hearing
19 Any n property the propemust adhere to the standards and conditions of the approved
Conditional Use Permit Any change it addition in use of the property. buildings, or modification
of or addition to the property or buildings shell require review by the Zoning Administrator to
determine tithe use may be allowed The cannot applies to the propery rather than the Individual,
is valid for only the specified property, and is not rmmferrable to other properties
20. Accepting this decision means that the apphcem and their agent have read. understand, and agree
to aI l conditions of this decision, and have no objections to County staff conducting unannounced
onside inspections to check for Compliance with this pared
The follow ing vote was taken to apprm a the request Chauperean Makes,(V), Vice Chairman Peterson,
(Y), Miller(Y), Deeum,(N) Moti0n carries
APPEAL HIGHTS
Any person aggrieved by this decision may file an appeal in St Croix County circuit court within 30 days
after the filing date shown below, pursuant to Sec 59 694(10), Wisconsin Statutes St Croix County
assumes noresponnbihty for action taken if reliance on this decision prior to the expiration ofthe appeal
perms, St Croix County does not cemty that the mainly or all persons legally entitled to notice of the
Board of Adjustment proceedings, which resulted in this decision, was provided to the County
If an appeal is taken of this decision, it is the responsibility of the appellant to submit at his/her expense a
transcript of the Board of Adjustment proceedings to the circuit court The Community Development
Department can be contacted for information on how to obtain a transcript It is the responsibility of the
Board of Adjustment to submit cis record (file) chime matter to the circuit court
Z IgING BOARD OF ADJJU/,EN$TMENT
Signed 4 (,C(? I'
Clarence W Makes, Chairperson
Data Filed August 29, 2020