HomeMy WebLinkAbout002-1033-40-000ST. CROIX
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August 1, 2022
Charles & Cathie Simmons
944 2501h Street
Woodville, WI 54028
Community Development
Government Center
1101 Carmichael Road Hudson WI 54016
Telephone: 715-386-4680 Fax: 715-386-4686
www.sccwi.gov
File Reference: CUP-2022-010
RE: Conditional Use Decision
Property located in SE 1/a of the SE 1/4 Sec. 15 T29N, R16, Town of Baldwin
Dear Charles & Cathie Simmons;
The St. Croix County Board of Adjustment reviewed your request for the following item:
1. A Conditional Use Permit for an agricultural entertainment and agricultural tourism use
(Drive thru Animal Park) for more than 1S days, pursuant to Section 15.285 and 15.315 of
the St. Croix County Zoning Ordinance.
After the hearing on July 28, 2022, the Board of Adjustment approved your request.
Attached with this letter is a copy of the Decision Document for your records. Please
feel free to contact me with any questions.
Sincerely,
olk i19,
Mike Wozniak, AICP
Land Use Administrator
Enclosure: Formal Decision dated 9/2/2022
EC: Town of Baldwin, Clerk; townofbaldwin@Baldwin-Telecom.net
Diana Rickard; fantasycorral@scecnet.net
CC: File
Mike Wozniak, AICP
Mike.wozniak@sccwi.gov
(715) 386-4680
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File Number:
CUP-2022-010
Applicant:
Diana Rickard
Owner:
Charles J. & Cathie A. Simmons
Parcel Number:
002-1033-40-000
Complete Application Received:
July 6, 2022
Hearing Notice Publication:
July 14, 2022 and July 21, 2022
Hearing Date:
July 28, 2022
FINDINGS OF FACT AND CONCLUSIONS OF LAW CUP-2021-012
Having heard all the testimony, considered the entire record herein, and visited the site, the Board of Adjustment
makes the following Findings of Fact and Conclusions of Law pertinent to the applicant's Conditional Use
requests:
1. The applicants are Charles and Kathy Simmons, and the Agent is Diane Rickard.
2. The site is located on SE '/4 of the SE '/4 except the W 594 FT of the S 733.3 FT, Section 15, Town
of Baldwin
3. The site is approximately 30 acres and is zoned Agricultural (A-1). Surrounding land uses are
residential, and agricultural.
4. The applicants are intending to lease the subject property to Diane Rickard to operate an
Agricultural Entertainment Use, a Drive-Thru Animal Park. The purpose of the operation is to
promote education, agritourism and entertainment for all ages.
5. The Conditional Use request is for a Conditional Use Permit for an agricultural entertainment and
agricultural tourism use (Drive-Thru Animal Park) for more than 15 days, pursuant to Section
15.285 and 15.315 of the St Croix County Zoning Ordinance.
6. Site improvements will include access driveways and various small structures including admissions
booth, gift shop, well house, animal housing/shelters, animal feed stations and portable toilets.
7. The business is seasonal and will only be open Memorial Day through Labor Day, and Wednesday
through Sunday 10 am — 5 pm.
8. The Town Board acted to recommend approval of the concept of the proposed Conditional Use
Permit, but with access coming off of 250th Street (instead of 90th), and the provision that proof
of insurance is furnished to the town annually.
9. During the off season, the animals will return to their primary residence in Woodville (Parcel #034-
1044-80-000).
10. The applicant is proposing to meet sanitary needs for staff and guests with the use of Portable
Toilets. The applicant will need to coordinate with Community Development Land Use Division
Sanitary Program staff regarding details related to meeting sanitary needs.
11. Conditional uses shall only be granted subject to the following provisions, pursuant to 15.550 6.,
a., b., c., d., and e.,
a) The proposed use complies with all applicable standards of the zoning district, the
Development Standards, and any applicable Use Regulations. The proposed use
will comply with applicable standards of the A-1 Agricultural District, and
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applicable Use Regulations set forth in Section 15.315 (Agricultural Entertainment
and Agricultural Tourism).
b) The proposed use will not cause a reduction of the property values in the affected
neighborhood. For purposes of this section, the "affected neighborhood" includes
any areas within:
1. A contiguous residential subdivision or a planned development, and
2. Any other area where a person demonstrates that their property would be
adversely affected by the proposed conditional use.
This use will not cause a reduction of the property values in the affected
neighborhood since the proposed Agricultural Entertainment and Agricultural
Tourism Use may be permitted as a conditional use in the A-1 Agricultural District
and is compatible with nearby agricultural and rural residential uses. The Town
Board has requested the Applicant redesign the proposed access/egress to extend
driveway access to 250 Street instead of to 90`h Avenue to limit the impact on an
abutting dwelling site.
c) The proposed use would not constitute a nuisance by reason of noise, dust, smoke,
odor, lighting, water or air contaminants, traffic, stormwater runoff quantity or
quality, pests, or similar factors.
Impacts from the Drive-Thru Animal Park have been represented by the Applicant
to be consistent with a standard farming operation. Excessive dust, noise, odor,
smoke, etc., are not anticipated.
d) The use does not violate the spirit or intent of this chapter.
The proposed use conforms with applicable Agricultural Entertainment and
Agricultural Tourism zoning provisions and may be allowed as a conditional use
in the A-1 District. It is consistent with the spirit or intent of Chapter 15.
e) The use is not contrary to the public health, safety, or general welfare.
The proposed Agricultural Entertainment and Agricultural Tourism Use will be
operated for 5 or more years and as proposed should have limited impact on the
public health, safety or general welfare. The main uncertainty is how much
additional traffic on local road may be generated by the operation. The Town of
Baldwin has indicated that access must be provided from 2501h Street instead of
90th Avenue to mitigate potential impacts.
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DECISION
Based on the Findings of Fact and Conclusions of Law, and the record herein, the Board approved the
applicant's Conditional Use request, file number CUP-2022-010. The Conditional Use Permit will allow
the applicant agricultural entertainment and agricultural tourism use (Drive-Thru Animal Park) for more
than 15 days, pursuant to Section 15.285 and 15.315 of the St Croix County Zoning Ordinance in
accordance with plans submitted on June 6, 2022, 2022, and in accordance with the conditions below:
1. Development of the Drive-Thru Animal Park site and on -going operations shall be consistent with
plans and descriptive material included with CUP Application 2022-010.
2. An Event Plan shall be submitted as part of a Land Use Permit Application to address provision of
Section 15.315. The Land Use Permit Application must be submitted and approved by the Land
Use Administrator prior to start of construction and operation of the Drive-Thru Animal Park. This
permit shall also include confirmation of any grading/filling, driveway layouts, proposed erosion
control measures and a revised site plan addressing the requirement of providing site access.
3. The business is seasonal and shall only be open Memorial Day through Labor Day, and
Wednesday through Sunday 10 am — 5 pm.
4. During the off-season, the animals shall be return to their primary residence in Woodville
(Parcel #034-1044-80-000).
5. The Applicant shall obtain any required local, state, or federal permits or approvals prior
to construction and/or start of operations.
6. No on -street parking shall be allowed in conjunction with the Drive-Thru Animal Park.
7. These conditions may be amended, or additional conditions may be added if unanticipated
circumstances arise that would affect the health and/or safety of citizens or degrade the
natural resources of St. Croix County. Conditions will not be amended or added without
notice to the applicant and an opportunity for a public hearing.
8. Any new owners of the property must adhere to the standards and conditions of the
approved Conditional Use Permit. Any change or addition in use of the property,
buildings; or modification of or addition to the property or buildings shall require review
by the Zoning Administrator to determine if the use may be allowed. The decision applies
to the property rather than the individual, is valid for only the specified property, and is not
transferrable to other properties.
9. Accepting this decision means that the applicant and their agent have read, understand, and
agree to all conditions of this decision, and have no objections to County staff conducting
unannounced onsite inspections to check for compliance with this permit.
Upon the vote being taken this request was approved unanimously.
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APPEAL RIGHTS
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 no responsibility for action taken in reliance on this decision prior to the expiration of the appeal
period. St. Croix County does not certify that the identity of 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 its record (file) of this matter to the circuit court.
ZONING BOARD OF ADJUSTMENT
Clarence W. Malick, Chairperson
Date Filed: August 1, 2022
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