HomeMy WebLinkAbout032-2003-30-130 (2)181W7 ✓'
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MAR 2 2 2023
Property Own6r:'Cq r: � '
ONDITIONAL USE
APPLICATION
PPLICANT INFORMATION
rs Contractor/Agent:
Mailing Address: 51 9A 140th St
New Richmond WI 54017
Daytime Phone: (_)
Cell: (715)781-0542
E-mail:gpowersl3@gmail.com
Mailing Address:
Daytime Phone: (�
Cell: ( )
E-mail:
SITE INFORMATION
Site Address: 1795 85th St New Richmond WI 54017
File #: t;U �
Office Use Only
Rev d 2 1
'AYQ
NW 1/4, 1 30 19 Somerset
Property Location: 1/4, 1/4, Sec. , T. N., R. W., Town of ly�
o3Z - ?ct�3 - (30 C 2� r. -
Parcel #: -,ice Alt. Parcel #:
p( . W . 1+14--3
LAND USE INFORMATION
Zoning District (Check one): ❑ AG-1 ❑ AG-2 ❑ R-1 M R-2 ❑ R-3 ❑ C-1 ❑ C-2 ❑ C-3 ❑ 1-1 ❑ 1-2
Overlay District (Check all that apply): ■ SHORELAND ❑ RIVERWAY ❑ FLOODPLAIN ❑ ADULT ENTERTAINMENT
State the nature of your request: Major Home Occupation for seasonal wild game processing
Zoning Ordinance Reference:
❑ More than one request with this application? (See supplemental fee amount below and attach appropriate
addendums)
FEES (Please reference current fee schedule)
Application Fee: $ 1 1 00
Supplemental Fees: x (# of additional requests) $
Total Fees: $1100
l attest that the information contained in th
Property Owner Signature:
Contractor/Agent Signature:
ligation is true and correct to the best of my knowledge.
Date z �Z
Date
715-386-4680 St. Croix County Government Center 715-245-4250 Fax
cdd@sccwi.gov 1101 Carmichael Road, Hudson, WI 54016 www.sccwi.gov
Pre -application Meeting:
OFFICE USE ONLY
With:
Complete Application Accepted: /�_ By:
Fee Received: 12/23 $ 1110-b0 Receipt #: p kc ' to Scheduled Hearing Date:
CONDITIONAL USE CRITERIA
Pursuant to the St. Croix County Zoning Ordinance § 15.550, please answer the following questions to justify
the approval of your request (attach additional paper if necessary):
1) Describe the details of your request.
Operate a seaonal wild game processing facility approximately Sept through January
2) Describe the impact of your request on the enjoyment and value of surrounding properties. If there is
no impact, explain why.
customers bringing in and picking up their product
3) Describe the compatibility of your request with the uses and character of the surrounding area.
already other businesses and home based businesses in the area
Page 2 of 5
4) Describe how your request is consistent with the spirit and intent of the zoning district in which your
property is located. (Please refer to the purpose statement for yourzoning district in the St. Croix County
Zoning Ordinance.)
residential and comercial businesses in the area
5) Describe how your request will impact public health, safety, and general welfare. What measures will
you take to minimize any negative impacts?
Inspected by county health dept, and Per DNR seperate holding tank for non domestic waste
6) How will you ensure that your request will not constitute a nuisance by reason of dust, smoke, odor, or
other similar factor? What measures will you take to prevent a nuisance?
I will be living on the property so I will take extra care that there is not a nuisance
7) Additional comments:
Page 3 of 5
THE FOLLOWING USES REQUIRE A SUPPLEMENTAL INFORMATION SHEET:
❑ Major Home Occupation ❑ Contractor Storage Yard ❑ Airstrip
0>1 Animal Unit/Acre ❑ Filling & Grading ❑ Wireless Communication Tower
❑ Nonmetallic Mining ❑ Adult Entertainment ❑ Commercial/Industrial District Use
❑ Lower St. Croix Riverway ❑ Shoreland ❑ Floodplain
❑ Junk/Salvage Yard, Kennel, Slaughterhouse, or Limited Commercial Recreational Use
GENERAL: CONDITIONAL USE APPLICATION PROCEDURE
APPLICATION:
The deadline for application submittals is the 1st Monday of the month before the regularly scheduled St.
Croix County Board of Adjustment meeting. The Board of Adjustment generally meets on the 4th Thursday of
the month.
Applications will not be accepted until the applicant has:
• Met with the Zoning Administrator to review the application;
• Original plus 5 copies submitted of the entire packet including all supporting information, maps &
diagrams;
• Resolved any land use violations and paid any outstanding fees owed to the Community Development
Department;
• Signed the application form (the signatures of the property owners and agents acting on their behalf are
required); and
• Submitted the appropriate application fee (nonrefundable) payable to St. Croix County.
REVIEW:
The Zoning Administrator will review the application for completeness and assign a file number to the
application. The Zoning Administrator may require additional information and will notify the applicant of this
within 10 days. Upon receiving a complete application and supporting documents, the Zoning Administrator
will:
• Schedule a public hearing with the St. Croix County Board of Adjustment and notify the applicant by
mail of the date and time of the public hearing;
• Notify adjoining property owners of the applicant's request;
• Publish a public hearing notice in the local paper,
• Send copies of the applications to the appropriate town and reviewing agencies for comment.
Applicants are encouraged to contact their town and attend their town meeting to discuss their
application:
• Schedule a site visit to the applicant's property, at which time the applicant shall flag all applicable
property/project corners and label the flags accordingly; and
• Prepare a staff report on the application. The staff report will be mailed to the applicant and will be
available for public review during the week prior to the public hearing.
ACTION:
Conditional Use permits are granted at the discretion of the St. Croix County Board of Adjustment. They are
made available to validate uses that, while not approved within the zoning district in question, are deemed to
be compatible with approved uses and/or not found to be hazardous, harmful, offensive or otherwise adverse
to other uses. Conditional Uses are subject to conditions, compatibility with surrounding land uses, and
compliance with the St. Croix County Zoning Ordinance.
Page 4 of 5
At the public hearing, the applicant may appear in person or through an agent or an attorney of his/her choice.
The applicant/agent/attorney may present testimony, evidence and arguments in support of his/her
application. The fact that an application for a permit has been filed does not automatically mean that a permit
is granted.
Upon the Board making a decision on the application, the Zoning Administrator shall notify the applicant of the
decision in writing. All site plans, pictures, etc. become the property of the Community Development
Department and will remain in the file.
CHECKLIST FOR COMPLETE APPLICATION
❑ Completed and signed application form with fee.
❑ Original plus 5 cries needed of the entire packet including all supporting information, maps & diagrams;
electronic copy is highly encouraged in .PDF format.
❑ Addendum for additional requests and/or supplemental information sheet (if required).
❑ 1 - Recorded Warranty Deed (may be obtained at the Register of Deed's office).
❑ List of all adjoining land -owner names and mailing addresses (includes properties across roadways).
❑ A complete site plan prepared by a registered surveyor showing:
• project location in the town;
lot/parcel dimensions with property lines and all applicable setbacks;
• minimum of 10-foot contours as determined appropriate by the Zoning Administrator;
• location of all existing and proposed structures and their square footage and distance from setbacks;
• location of existing and proposed POWTS, wells, driveways, parking areas, access, signs, and other
features; and
• location of navigable waterways with accurate OHWM, delineated wetlands, floodplains, bluff lines,
slopes in excess of 12%, wooded areas, and any other unique limiting conditions of the property.
❑ Other information:
NOTE: All maps, plans, and engineering data shall be no larger than 11x17. No covers, binders, or
envelopes. Paperclip your application in the upper left-hand corner.
Page 5 of 5
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State Bar of Wisconsin Form 1-2003
WARRANTY DEED
Document Number 11 Document Name
THIS DEED, rnade between 64 Land Company, LLC, a Minnesota limited liability
company
("Grantor," whether one or more),
and Gregory Powers and Laurie Powers, husband and wife as survivorship marital
property
("Grantee," whether one or more).
Grantor, for a valuable consideration, conveys to Grantee the following described real
estate, together with the rents, profits, fixtures and other appurtenant interests, in
St. Croix County, State of Wisconsin ("Property") (if more space is
needed, please attach addendum):
See attached Exhibit A
1157460
BETH PABST
REGISTER OF DEEDS
ST. CROIX CO., WI
RECEIVED FOR RECORD
08/15/2022 12:31 PM
EXEMPT#:
REC FEE 30.00
TRANS FEE 285.00
PAGES: 2
"The above recording information
verifies that this document has
been electronically recorded
& returned to the submitter
Recording Aiea
Name and Return Address
Land Title, Inc.
2200 WCS1 County Road C; Suite 2205
Roseville. MN >i 113
LT File No. 663622
032-2003-30-100 U/L
Parccl Identification Number (PIN)
This is not homestead property.
(is) (is not)
Grantor warrants that the title to the Property is good, indefeasible in fee simple and fi-ee and clear of encun)brances except:
Easements, Restrictions and Covenants of record, if any.
Dated W .- I )- — UU '4-D--
AUTHENTICATION
Signature(s)
authenticated on
TITLE: MEMBER STATE BAR OF WISCONSIN
(If not,
authorized by Wis. Stat. § 706.06)
THIS INSTRUMENT DRAFTED BY:
Larry S. Mountain, Attorney at Law
64 pnd Con ,any LLC
(SEAL) �� �-- (SEAL)
* Carson Sc sky, Sole Member
(SEAL) (SEAL)
ACKNOWLEDGMENT
STATE OF Minnesota )
ss
Washington COUNTY )
Personally came before me on 'ZZ
the above -named Carson Schifsky, Sole Member for 64 Land
Company, LLC, a Minnesota limited liability
to me known to be the person(s) who executed the foregoing
instrument and acknowledged the same.
Notary Public, State of Minnesota
My Commission (is permanent) (expires: l )
(si"nallares Ina)' be authenticated or aeknmcledged. Both ,ire not necessarc.)
NOTE: THIS IS A S .- NI)ARD FORM. ANY .MOUIYRATIONS'1 O IIIIS FORM SI IOt'I.D III: ('LIAR1.) IDIiN I ]FIFI).
NYAitRAN'I )' 1)FF1) x2003 STATE BAR OF WISCONSIN FORM NO. 1-2003
"T\pc name hcln\c signatures.
St. Croix County 1157460 Page 1 of 2
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LT File No. 663622
EXHIBIT A
Lot 3 of Certified Survey Map recorded in Volume 32 of Certified Survey Maps, page 7135 in the office of
the Register of Deeds for St. Croix County as Document No. 1155605, located in the Northwest Quarter
of the Northeast Quarter of Section 1, Township 30 North, Range 19 West, Town of Somerset, St. Croix
County, Wisconsin.
St. Croix County 1157460 Page 2 of 2
1155605
BETH PABST
CERTIFIED S V RVEY MAP REGISTER C DEEDS
ST. CROIX CO,, WI
LOCATED IN THE NW1/4 OF THE NE1/4 OF SECTION 1, T30N, R19W, TOWN OF RECEIVED FOR RECORD
SOMERSET, ST. CROIX COUNTY, WISCONSIN. 07/06/2022 04:00 PM
CERTIFIED SURVEY MAP
VOLUME:32
LEGEND PAGE: 7135
REC FEE: 30.00
ST. CROIX COUNTY SECTION CORNER POSITIONED PAGES: 2
FROM COUNTY COORDINATES. POSITION VERIFIED
WITH MONUMENT AS NOTED OR TIES OF RECORD
BEARINGS ARE REFERENCED TO THE NORTH -
El 3/4" X 18" IRON REBAR SET WEIGHING SOUTH 1/4 LINE, SECTION 1, BEARING N00°09'04"E.
1.50 LBS. PER LINEAR FOOT (ST. CROIX COUNTY COORDINATE SYSTEM).
1 5/16" IRON PIPE FOUND THIS INSTRUMENT DRAFTED BY EDWIN FLANUM
JOB NO: 22-14 DWG: CSM
■ 3/4" IRON REBAR FOUND DRAFTED: 3/31/2022 FIELD: 3/09/2022
PROPOSED DRIVEWAY LOCATION (FINAL LOCATION "This map contains areas that are subject to the Shoreland
DETERMINED BY TOWN OF SOMERSET) Overlay Zoning District. Additional restrictions apply. Contact the
WETLAND (SEE WETLAND NOTE) Community Development Department for further information."
STATETF?UNKHIGHWAY "64" CENTERLINE EAST BOUND LANE
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m— A = (S86°03'26' — PER WISCONSIN DNR SURFACE WATER
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CjlF, Ln D = (N67°48'34"E) DELINEATION MAY BE REQUIRED.
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p1�lo� F = (SB7°25'48"E)
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St. Croix County 1155605 Page 1 of 2
ST. GR,,;,,,)JIb--I-X
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Community Development
Government Center
1101 Carmichael Road Hudson WI 54016
Telephone: 715-386-4680 Fax: 715-386-4686
www.sccwi.gov
July 5, 2023 File Reference: CUP-2023-004
Greg and Laurie Powers
519A 140h St.
New Richmond, WI 54017
RE: Conditional Use Permit Decision
Property located in NW'/a NE 1/, Sec. 1, T30N, R19W, Town of Somerset
Project address is 1795 85th St., New Richmond, WI 54017
Dear Greg and Laurie;
The St. Croix County Board of Adjustment has reviewed your request for the following
item:
1. Conditional Use Permit for a Major Home Occupation pursuant to Section
15.345 of the St. Croix County Zoning Ordinance.
After the hearing on May 25, 2023, the Board of Adjustment approved your request;
please see the enclosed decision document. Feel free to contact me with any
questions or concerns.
Sincerely,
41k a,0a
Mike Wozniak, AICP
Land Use Administrator
Enclosure: Formal Decision
EC: Town of Somerset Clerk; townclerk@townofsomersetwi.com
Greg Powers; gpowers13@gmail.com
CC: File
Mike Wozniak, AICP
Mike.Wozniak@sccwi.gov
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File Number:
Applicant:
Agent:
Complete Application Received
Hearing Notice Publication:
Hearing Date:
Decision Date:
CUP-2023-004
Greg & Laurie Powers
March 22, 2023
May 11 and 18, 2023
May 25, 2023
May 25, 2023
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony and considered the entire record herein 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 property owners Greg & Laurie Powers.
2. The site is located at 1795 85thSt.; Part of the NW 1/4 of the NN 1/4 of Section 1, T30N R19W, Town of
Somerset, St. Croix County, WI.
3. The subject property is 23.19 acres in size and is located within the R-2 Residential Zoning District.
4. The applicant filed an application with the St. Croix County Board of Adjustment for a Conditional Use Permit
to operate a Major Home Occupation in a R 2 Residential Zoning District per Chapter 15.345 Home
Occupation of the St. Croix County Zoning Ordinance.
5. The size will be limited to 1,500 Square feet, with 150 square feet of the accessory structures reserved for
personal use.
6. Hours of operation are as followed.
a. September: Appointments only
b. October— January: 2:00pm-7:00pm Monday— Friday, 8:00am—12:00pm Saturday
c. Gun Season: 8:00am — 8:00pm
7. Customer will be minimal; the applicant and family members will be the operators.
The Board of Adjustment shall only grant a conditional use subject to the provisions in Section 15.550.6
Approval Criteria, which is stated as follows:
■ The proposed use complies with all applicable standards of the zoning district, the Development
Standards, and any applicable Use Regulations.
The proposed use and structure will meet all setbacks and building size/height requirements established
by St Croix County Zoning Chapter Section 15.231 for the R-2 Residential District.
■ The proposed use will not cause a reduction of the property values in the affected neighborhood.
A Major Home Occupation is conditionally permitted, as long as it meet the ordinance standards no reduction of
value is anticipated to neighboring property values.
■ 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.
The results of the proposed project would not constitute a nuisance in and of itself. The use is contained
within the structure, along with proper disposal of non -domestic waste.
■ The use does not violate the spirit or intent of this chapter.
Pagel of 3 CUP-2023-004
The purposes of the zoning code that apply to this request are to encourage planned and orderly land
use; protect property values and property tax base. All of which this proposed request fulfills.
The use is not contrary to the public health, safety, or general welfare.
The use of a major home occupation of seasonal wild game processing will not negatively affect public
health, safety, or the general welfare of the community. The business is subject to inspections by the
Health Department and WDNR for holding tank for non -domestic waste.
DECISION
Based on the Findings of Fact and Conclusions of Law, Staff recommend approval of the Conditional Use Permit
to operate a Major Home Occupation at 1795 85th St. in the Town of Somerset with the following conditions:
1. The use of the Major Home Occupation shall be in accordance with the submitted site plan and supporting
information.
2. The Major Home Occupation shall comply with the standards listed in Section 15.345 Home Occupations as identified
in the Findings.
3. Non- Domestic Wastewater Holding Tank Plan form 3400 185 required to be approved by the Wisconsin
DNR prior to operation. Periodic inspections be performed to ensure that water tightness and the integrity of
the holding tank are maintained, in accordance with s. NR 213.15(1)(d), Wis. Adm. Code.
4. A sign permit is required prior to construction of a sign related to the Home Occupation on the property and
shall comply with standards of Section 15.380 Signs.
5. The site shall comply with off street parking standards listed in Section 15.430 Parking and Loading.
6. The applicant shall have one (1) year from the date of approval of this conditional use permit to begin
operation and two (2) years to complete the project and complete the final inspection with the department.
7. All other applicable local, county, state, and federal permits shall be obtained prior to construction.
8. Should the work associated with the town building permit not be completed and inspected prior to the building
permit expiring, then it shall result in the revocation of this permit.
9. 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 shall not be amended or added without notice to the applicant and an opportunity for a public
hearing.
10. All present and future 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.
11. No use is hereby authorized unless the use is conducted in a lawful, orderly, and peaceful manner. Nothing
herein shall be deemed to authorize any public or private nuisance or to constitute a waiver, exemption, or
exception to any law, ordinance, order or rule by the Town, St. Croix County, State of Wisconsin, United
States or other duly constituted authority, except only to the extent that it authorizes the use of the Subject
Property in any specific respects described herein
12. Upon the discontinuance of the use of a two-family dwelling on said premise for a period exceeding 365 days,
the issuance of the conditional use permit shall automatically become invalidated. The burden of proof shall
be on the property owner to conclusively demonstrate that the conditional use was operating during this
period.
13. Should any paragraphs or phase of herein be determined by a court of competent jurisdiction to be unlawful,
illegal, or unconstitutional, said determination as to the particular phrase or paragraph shall not void the
remainder of this conditional use and the remainder shall continue in full force and effect.
The request was approved unanimously.
Page 2 of 3 CUP-2023-004
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
Electronically signed by C. W. Malick
Chairperson
Date Filed: May 25, 2023
Page 3 of 3 CUP-2023-004
St. Croix County
Board of Adjustment
Conditional Use Permit Staff Report
CUP-2023-004
Hearing Date: May 25, 2023
ST. CR0 LINTY
�f
Site Information
Applicant: Greg & Laurie Powers
Owner: Greg & Laurie Powers
Site Address: 1795 85t" St. New Richmond, Wi 54017
Parcel 1 D#: 032-2003-30-130
Alternate #: 01.30.19.474A-30
Site Location: Part of the NW % of the NE % of Section 1, T30N R19W, Town of Somerset, St. Croix
County, W 1.
Zoning District: R-2 Residential
Request: Conditional Use Permit to operate a Major Home Occupation processing
seasonal wild game in R-2 Residential zoning district pursuant to Section 15.345
of the St. Croix County Zoning Ordinance
Exhibits: 1) Staff Report
2) Conditional Use Application
Exhibit 1
ST. CRO(•x _v L1NTY,
1795 85th St.
Location Map
■ 1795 85th St.
Somerset.
Town of
■ Parcel is 3.19 acres in size.
■ Property is not located in
Shoreland or Floodplain.
&1112023, 8:25:26 AM 1:3,902
4 125 250 -W ft
Public ROW Unit Lia led Common Eteanenl
Lai and Units Pane C, newal Common Element 0 37.5 75 150 m
Oudot Lot Q lax Pareels scc Cob
Web hpA kln For A,cG s
SCC two I WoNR, SCC C06I SCC CM and SCC Highw y L7e10i FEhK SCC Coo I CDD and NPS I Nalcrd Eh!h Slate l —.W. gan i W I Depl. d N3A.AL P— Dr-m n d WYb� I
ST. cRQ - NTY
Site Conditions
■ Majority of the property is
level and open to surrounding
residential parcels.
■ Slopes greater than 25% are
located on the property and
are heavily vegetated.
■ Existing land is open and
undeveloped.
■ The application has begun
construction of a new home
and an accessory structure on
the site.
■ Site visits have confirmed that
both structures are located
outside the slopes greater
than 25%.
ST. CRD LINTY
Proposed Project Summary
• The applicant is proposing to use the accessory structure to operate a Major Home Occupation —
processing seasonal wild game.
• The home occupation must be incidental and secondary to the residential use of the property. The
residence will be occupied, prior to operation of the major home occupation.
• A Major Home Occupation is allowed a maximum of 1,500 square feet, the proposed structure is
1,224 square feet. The applicant plans to attached a 216 square foot freezer and a 210 square foot
cooler to the structure on a poured foundation, which will increase the total size to 1650 square feet.
To meet the maximum allowed size the application plans to divide the cooler creating a 150 square
foot space for personal use. That will bring the total size of the home occupation to 1,500 square feet.
• Area identified as a patio on the plan will be used for customer drop off.
• Parking will be minimal as the applicant expects to have one or two customers present at any given
time.
• Operation approximately September —January
• September: Appointments
• October —January: 2:00pm — 7:00pm Monday- Friday, 8:00am- 12:00pm Saturday
• November Deer Gun Season: 8:00am — 8:00pm
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Proposed Site Plan
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Other Agency Reviews
• Town of Somerset: the Town Board met on 5-3-2023 and recommended approval of the
conditional use permit request for a wild game processing facility from Sept -Jan annually
with as wide a driveway as possible.
• Wisconsin DNR: They need a non -domestic holding tank for processing deer carcasses.
This website: Wastewater Plan Submittal Requirements by Project Type I I Wisconsin
DNR , in the holding tank section is form 3400-185 that will be filled out and submitted for
approval of non -domestic waste holding tank. The treatment system for the non -domestic
waste must be separate from the residential treatment for the home and accessory
structure restroom.
ST. CRD LINTY
Board of Adjustment Action
The Board of Adjustment shall only grant a conditional use subject to the provisions in Section 15.550 6., a., b., c., d.,
and e., which is stated as follows:
a. The proposed use complies with all applicable standards of the zoning district, the Development Standards, and
any applicable Use Regulations.
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.
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.
d. The use does not violate the spirit or intent of this chapter.
e. The is not contrary to the public health, safety or general welfare.
The Board of Adjustment after contemplating all relevant information may do one of the following:
1. Approve the Request
2. Deny the request
3. Table/postpone the decision to consider information gathered or request additional information
The Board of Adjustment must stipulate findings to support their decision (for approval or denial).
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Findings of Fact & Conclusions of Law
1. The property owner is Greg & Laurie Powers.
2. The site is located at 1795 85t" St.; Part of the NW % of the NN % of Section 1, T30N R19W, Town
of Somerset, St. Croix County, WI.
3. The property is 3.19 acres in size and is located within the R-2 Residential Zoning District.
4. The applicant filed an application with the St. Croix County Board of Adjustment for a Conditional
Use Permit to operate a Major Home Occupation processing seasonal wild game in a R-2
Residential Zoning District per Chapter 15.345 Home Occupation of the St. Croix County Zoning
Ordinance.
5. The size will 1,500 square feet, with 150 square feet of the accessory cooler structure reserved
for personal use.
6. Hours of operation are as followed;
• September: Appointments
• October —January: 2:00pm — 7:00pm Monday- Friday, 8:00am- 12:00pm Saturday
• November Deer Gun Season: 8:00am — 8:00pm
7. Customers will be minimal, the applicant and a family members will be the operators.
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Findings of Fact & Conclusions of Law...
8. The Board
of Adjustment shall only grant a conditional
use subject
to the
provisions
in Section 15.550.6
Approval Criteria, which
is stated
as
follows:
■ The proposed use complies with all applicable standards of the zoning district, the
Development Standards, and any applicable Use Regulations.
The proposed use and structure will meet all setbacks and building size/height
requirements established by St Croix County Zoning Chapter Section 15.231 for the R-2
Residential District.
■ The proposed use will not cause a reduction of the property values in the affected
neighborhood.
A Major Home Occupation is conditionally permitted, as long as it meet the ordinance
standards no reduction of value is anticipated to neighboring property values.
ST. CRO€X - UNTY
Findings of Fact & Conclusions of Law...
■ 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.
The results of the proposed project would not constitute a nuisance in and of itself. The use is
contained within the structure, along with proper disposal of non -domestic waste.
■ The use does not violate the spirit or intent of this chapter.
The purposes of the zoning code that apply to this request are to encourage planned and
orderly land use; protect property values and property tax base. All of which this proposed
request fulfills.
■ The use is not contrary to the public health, safety or general welfare.
The use of a major home occupation of seasonal wild game processing will not negatively
affect public health, safety or the general welfare of the community. The business is subject to
inspections by the Health Department and WDNR for holding tank for non -Domestic waste.
5'r. CRO„€7{ LINTY
Staff Recommendation
Based on the Findings of Fact and Conclusions of Law, staff recommend approval of the conditional use
permit request with the following conditions for the Board of Adjustment to consider:
1. The use of the Major Home Occupation for processing seasonal wild game shall be in accordance with
the submitted site plan and supporting information in the application and this staff report.
2. The Major Home Occupation shall comply with the standards listed in Section 15.345 Home Occupations
as identified in the Findings.
3. Non -Domestic Wastewater Holding Tank Plan form 3400-185 required to be approved by the Wisconsin
DNR prior to operation. Periodic inspections be performed to ensure that water tightness and the
integrity of the holding tank are maintained, in accordance with s. NR 213.15(1)(d), Wis. Adm. Code.
4. A sign permit is required prior to construction of a sign related to the Home Occupation on the property
and shall comply with standards of Section 15.380 Signs.
5. The site shall comply with off-street parking standards listed in Section 15.430 Parking and Loading.
6. The applicant shall have one (1) year from the date of approval of this conditional use permit to begin
operation and two (2) years to complete the project and complete the final inspection with the
department.
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Staff Recommendation
7. All other applicable local, state and federal permits shall be obtained prior to construction.
8. Should the work associated with the Conditional Use Permit not be completed and inspected
prior to the permit expiring, then this approval shall be revoked.
9. 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 shall not be amended or added without
notice to the applicant and an opportunity for a public hearing.
10. All present and future 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.
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Staff Recommendation
11. No use is hereby authorized unless the use is conducted in a lawful, orderly, and peaceful
manner. Nothing herein shall be deemed to authorize any public or private nuisance or to
constitute a waiver, exemption, or exception to any law, ordinance, order or rule by the Town,
St. Croix County, State of Wisconsin, United States or other duly constituted authority, except
only to the extent that it authorizes the use of the subject property in any specific respects
described herein.
12. Upon the discontinuance of the use on said premise for a period exceeding 365 days, the
issuance of the conditional use permit shall automatically become invalidated. The burden of
proof shall be on the property owner to conclusively demonstrate that the conditional use was
operating during this period.
13. Should any paragraphs or phase of herein be determined by a court of competent jurisdiction
to be unlawful, illegal, or unconstitutional, said determination as to the particular phrase or
paragraph shall not void the remainder of this conditional use and the remainder shall continue
in full force and effect.
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