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HomeMy WebLinkAbout032-2017-20-100 (4)ffE:D APR 0 3 2023 St. Croix Co'Prop-OwnR{::, sQt1N_1'Y CONDITIONAL USE APPLICATION File #• (-UP- X27 OG Office Use Only Revised 212021 APPLICANT INFORMATION rset Storage LLC Stevens Engineers Contractor/Agent: 4 Mailing Address:58 Wildwood Road Mahtomedi, MN 55115 642 Brakke Drive, Ste 202 K Mailing Address: Hudson, WI 54016 Daytime Phone: () Daytime Phone: 7( 15) 386-5819 _l 651 442-9387 715 307-7157 Cell: Cell: E-mail: sales@somersetstoragecaves.com E-mail: jraverty@stevensengineers.com Site Address: 500 County Road VV Property Location: Nese 1/4 NE Parcel #: 032 2017 SITE INFORMATION 5 30 19 Somerset _1 /4, Sec. , T. N., R. W., Town of 20 100 Alt. Parcel #: 05 30 19 LAND USE INFORMATION 534C Zoning District (Check one): O AG-1 O AG-2 O R-1 O R-2 OR-3 O C-1 DC-2 ■ C-3 0 1-1 O 1-2 Overlay District (Check all that apply): O SHORELAND O RIVERWAY O FLOODPLAIN O ADULT ENTERTAINMENT State the nature of your request: Install temporary batting cages in new self -storage building. The Land Use permit for the new self -storage building was approved on 9/16/22 (LUP-2022-059) 15.285 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: $1,110 Supplemental Fees: x (# of additional requests) $ Total Fees: $ 1.110 l attest that the information contained in this application is true and correct to the best of my knowledge. Property Owner Signature: — Date 3/31 /2023 Rave Contractor/Agent Signature: J son rtY;".,,•• Date 715-386-4680 St. Croix County Government Center 715-24S-4250 Fax cdd@sccwi.gov 1101 Carmichael Road, Hudson, WI 54016 . Pre -application Meeting: OFFICE USE ONLY With: Complete Application Accepted: ��_ By: Fee Received: I /_�JO $ t((U•('G Receipt #: h W G Scheduled Hearing Date: CONDITIONAL USE CRITERIA Pursuant to the St. Croix County Zoning Ordinance ti 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. The request is to temporarily install batting cages in several of the self -storage units in the proposed Somerset Storage building at 500 County Road VV, Somerset, WI. The batting cages will be located in 10 of the 20' x 40' units. The interior walls for the storage units will not be constructed until the batting cages are relocated to their permanent home in two to three years. 2) Describe the impact of your request on the enjoyment and value of surrounding properties. If there is no impact, explain why. The temporary use of batting cages inside the storage units should have no impact on the enjoyment or value of the surrounding properties. The current parcel is utilized for indoor and outdoor self storage and electrical contractor business operation. The activity will be located inside the building. The parcel is heavily wooded with very limited visibility by adjacent parcels. 3) Describe the compatibility of your request with the uses and character of the surrounding area. This parcel is zoned commercial and is surrounded by residential. The batting cages will serve the residential parcels of this community and surrounding communities. The use is compatible with the surrounding uses. 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 your zoning district in the St Croix County Zoning Ordinance.) The batting cages are a commercial / non-residential use. The areas surrounding the building is heavily landscaped/wooded protecting adjacent properties from possible visual nuisances and mitigating aesthetic impacts. The activities will be indoors which will minimize any noise nuisances. 5) Describe how your request will impact public health, safety, and general welfare. What measures will you take to minimize any negative impacts? The batting cages will not negatively affect public health, safety, or general welfare. On the contrary, users of all ages and skill levels will benefit from physical activity and be able to work on baseball skill development in a safe environment out of the elements. 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? The indoor batting cages will not generate dust, smoke, odors, or similar nuisance. 7) Additional comments: Page 3 of 5 THE FOLLOWING USES REQUIRE A SUPPLEMENTAL INFORMATION SHEET: ❑ Major Home Occupation ❑ Contractor Storage Yard ❑ Airstrip ❑> 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 a Completed and signed application form with fee. 0 Original plus 5 copies 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). o List of all adjoining land -owner names and mailing addresses (includes properties across roadways). a 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 11 x17. No covers, binders, or envelopes. Paperclip your application in the upper left-hand corner. Page 5 of 5 DOCUMENT NO. STATE BAR OF WISCONSIN FORM 1-2003 WARRANTY DEED THIS DEED, made between James M. Hartwick and Myung S. Hartwick, a/k/a Myong S. Hartwick a/k/a MyongSuk Hartwick, husband and wife ("Grantor" whether one or more) conveys and warrants to Somerset Storage LLC, a Wisconsin limited liability company, ("Grantee", whether one or more), the following described real estate in ST CROIX County, State of Wisconsin: Lot 1 of Certified Survey Map filed October 3, 1986, in Vol. 6 of C.S.M., pg. 1716, as Doc. No. 417657, located in the NE'/. of the NE'/4 and in the SE'/4 of the NE'/. of Section 5, Township 30 North, Range 19 West in the Town of Somerset, St. Croix County, Wisconsin. SUBJECT TO an easement for ingress and egress over and across the West 66 feet of the South 66 feet of the portion of said lot lying north of the northerly right-of-way line of S.T.H. "35-64" as reserved in that certain Warranty Deed dated November 3, 1986, recorded December 5, 1986, in Vol. 762 of Rec., pg. 318, as Doc. No. 420054. I! I'IINIIB7III3YI9IIP� 1061065 BETH PABST REGISTER OF DEEDS ST. CROIX CO., WI 02/12/2018 03:26 PM EXEMPT*: REC FEE 30.00 TRANS FEE 1,650.00 PAGES: 2 RETURN TO St. Croix County Abstract & Title Co. Inc. 575 N. Knowles Avenue, Suite B New Richmond, WI 54017 Tax Parcel No: 032-2017-20-100 This IS NOT homestead property Exception to warranties: easement's, restrictions and covenants of record; highway and street rights of way; and Municipal and zoning ordinances and agreements entered under them; and further except real estate taxes accruing in the year of this conveyance. Dated this 9th day of February, 2018, AUTHENTICATION Signatures authenticated this day of 20 TITLE: MEMBER STATE BAR OF WISCONSIN (If not, by § 706.06, Wis. Stats.) THIS INSTRUMENT WAS DRAFTED BY Robert L. Loberg / Loberg Law Office LLP 1834766 / lmg'&J (Signatures may be authenticated or acknowledged. Both are not necessary.) WARRANTY DEED yang "c L4yong S. Hartwick a/k/a MyongSuk Iisrtw ACKNOWLEDGMENT STATE OF WISCONSIN COUNTY OF ST. CROIX ss. 9 Personally came before me this ::r day of February, 2018, the above named Myung S. Hartwick a/k/a Myong S. Hartwick a/k/a MyongSuk Hartwick, a married person to me known to be the person(s) who executed the foregoing instrument and acknowledge the sane. l-a ,,,,,,,,,,, * 12 I% 7� .l._ SA A, Notary Public St. CroYx County, Wis. F NoTj My Commission is permanent. If not, state expiration date: �%�� 3 -2 A A vimA O� 00� . St. Croix County 1061065 Page 1 of 2 ACKNOWLEDGMENT STATE OF WISCONSIN COUNTY OF ST. CROIX Personally came before me this C7 day of February, 2018, the above named James M. Hartwick, a married person to me known to be the person(s) who executed the foregoing instrument and acknowledge t e same. 6to&�Lj& l ihd S 122, - k� Notary Public St. Croix County, Wis. My Commission is permanent. If not, state expiration date: `� _j 3 �G T j L St. Croix County 1061065 Page 2 of 2 5 5 5 5 34134 5 5 30 5 5 St Croix County, WI Legend Tax Parcels Towns Cities Villages Sections ❑ St Croix Co Other Counties Lakes and Rivers Rivers and Streams Interstates US Highways State Highways County Highways Local Roads Rustic Roads Ramps Road Right of Way ADoWoned R.O.. Pnvele ROad %,I—d Road vacated Row Railroads 0 200 400 600ft DISCLAIMER: This map is not guaranteed to be accurate, correct, current, or complete and ;onclusions drawn are the responsibility of the user. i? 00 og ii z 0 w GENERAL NOTES: 1. SITE HAS LAND USE PERMIT APPROVAL (LUP-2022-059) FOR CONSTRUCTION OF SELF STORAGE BUILDING. 2. CURRENT REQUEST IS TO CONSTRUCT A TEMPORARY INDOOR BATTING CAGE WITHIN THE SELF STORAGE BUILDING. 3. BATTING CAGE WILL TEMPORARILY FILL (10) 20' X 40' SELF STORAGE SPACES. INTERIOR, NON-LOADBEARING WALLS WILL BE TEMPORARILY ELIMINATED WITHIN THE 10 SPACES. 4. REFER TO PLANS SUBMITTED WITH LAND USE PERMIT FOR MORE DETAIL OF THE SITE IMPROVEMENTS. PARKING NOTES 1. INDOOR BATTING CAGE AREA = 8,000 SF. 2. REQUIRED 1 STALL PER 400 SF FOR INDOOR RECREATIONAL FACILITY. 3. TOTAL PARKING REQUIRED = 20 STALLS 4. TOTAL PARKING PROVIDED = 20 STALLS S N 46 l \ a 30 60 SCALE IN FEET KEYNOTES: O 1. PAVEMENT MARKING - 4" WHITE (TYP) 2. PAVEMENT MARKING - 4" WHITE, DIAGONAL 3. PAVEMENT MARKING - HANDICAP SYMBOL LEGEND PROPERTY BOUNDARY CONCRETE PAVEMENT ASPHALT PAVEMENT ® STORMWATER STRUCTURE » STORMWATER PIPE RIPRAP AT OUTLET _ DESIGNED BY BRH PLANS PREPARED BY: STEVENS ENGINEERS, INC. 6,42 BRAME DRIVE. SUITE 2D2 , WISCONSIN 54016 PLANS PREPARED FOR: SOMERSET STORAGE, LLC. BEN PETERSON PROJECT NO 400-22-327 SOMERSET STORAGE SITE IMPROVEMENT PLANS TOWN OF SOMERSET, WISCONSIN DRAWN BY BRH A-Dl�-T--;Y DA7EPHCMIE�1.716.386.5819 ST. CROIX COUNTY CONDITIONAL USE PERMIT SUBMITTAL PHONE.HUDSO viww.stsvwwngine ,com 458 WILDWOOD ROAD MAHTOMEDI, MINNESOTA 55115 03/31/2023 SITE PLAN FOR BATTING CAGE CUP - 1 0= 1 NO DESCRIPTION NO DATE BY DESCRIPTION APPROVED BY JRR REVISIONS REVISIONS 1_44. no i i i I � I 1\ml' Now I I 1 FLOOR PLAN !� TINE-F1HaHED YErAL VENTED i%4 SPF /2 PUPoJNS NOTE THE TNILKNESS OF BLOWN IN OR SPITED RODE/CEERIG 29 GA PANEL PoB W/� INSUTATXMI (FIBERGLASS OR CELLULOSE) SHALL BE WRITTEN IN /10 TEN SCREMS 6" O.C. INCHES ON —ERS TIT ARE INSTNIID AT LUST ONE FOR AT EDGE AND 12' O.C. EVERY 300 sOUARE FEET THROUGHOUT i1SE A1TIC SPKE. ME AT 1NipiYEDMTE WIUCERS SHALL BE NTlXEO TO N TRUSSES OR -STS ANDW M WITH ME MINIMUM IN— INSTALLED THICKNESS WRH NUMBERS A MINIMUM OF I IwH IN HEIGHT FACIA MNMER SHALL FACE THE ATTIC ACCESS OPENING. 2X6 SPF FASCM W/, PRE -FINISHED METAL FAVE A ASCM .1. 24' PRE -FINISHED NDYN. SOFFIT (6) PLY 2X8 UMNIITQ PDSTS (TREATED BELOM GRADE) P GA PANEL RIB W/ /10 TEN SC1 — 6' C AT EDGE AND 12' O.C. AT INTERAIEDMTE HOUSE ---' PROVIDE FUSHING OVE FOAM INSuunON 2'114'-0' PERIMETER- INSVLATION w ___�BLOWN -IN INSUTAD011 p-w---------- PRE-ENGINEERED ROOF TRUSSES 4'-0' O.C. 8 ILK P0.Y 2'-0• 29 G PANEL RIB ROSEBURG LVL SE I`6' SEE ROOF FLYING PIµ FOR NUMBER OF PU6 N GA, PANEL PoB 6 YI POLY` SIS' NLL UYffY 55" DBERGUSS SUADON \ s—N (R21) 5" CONCRETE FLOOR /4 BNIS 2'-0" D.C. R.W.B. MIN, 6' COMPACTED SAND 6 MX POLY 20'%B" CONCRETE PAD � 3 Wrt R :.RFD —OR TD w E2 N4/dVww 5 BEiOw RE%D DR R W OFERwiED DR AUfpV.TIE .SRN. RE ,IOunrED On .DE SMK OE TdLEi wFA w f NDT BE .pE iFMn w ABWE FLOOR. BE LLVER-DPEMTED. OR Pllsn-mE OP ELLCM%IKN1Y CONRrouEU. / SFIE-CL09w VAL146 S,Wi� EF £ WTYORE NRro A SR�LL wr REO.%K Tg1f OISFRIO. HwIW,G. OR TWSTWO �6wu�a Ix' R JPUEiFR ./ U}• CtFM eEIWEER 4DRCEIrt Wu FOR zwRnanz zHu. WrtrrsrAxD sDF�'-- AM 15E0. ME fM:CEi SRALL RFYNn OPEN FOR AL LFuf 0< THE WAST. IORCE NE— SRALi wi —EED S IgF. D iNvons sw.RR x• ro .1• (MAD/w DEcrnc NwD BEBE MgxlEn w UMX:R MITM sRAL. a aRrwi� ro Pw?ECi � �LW rl vl a• AWD.E RYSR A w ER.°Nwr N Aea�.snE S SURFKES I.NOER IAwTORES 21 SCALE: I/B"-l'-O' Q DOOR SCHEDULE ACCESSIBLE TOILET ELEVATIONS & NOTES NOT TO SCALE DESIGN NO. UL U419 FIRE ITING: 3 HOURS STC RATING 55 SOUND TEST. USG-160732 ITEM TFRCKNM -3/8' OGTN11i: N1ERg11 FAAYE TYPE: STEEL STUD INONLDAo-RENTING) 2'-0' ASSEMBLY REQUIREMENTS: GYPBUN PwELS. THREE UYERES i(' SHEETROCK. ECOSMART GYPSUM P El (UL TYPE UUX") STEEL STUDS: 3-5/8—L STUDS . EOM (0.018-). 24- O.C. INSUTATION: S-I/2• FIBERGLASS IN uLITION GYPSUM PANELS. TNREE UYERES %- SKEETROCK. ECOSAMIT GYPSUM PANEL (UL TYPE ULIX-) .qMT rAPE Aw COYPOun - vAYL OR GSEN, DFY OR PREMED qM COMPWxO APPU© In PAO Cars ADs of aREn U.rtla. PAPER LAP[ NOW 2. WMIE, EYBEOOED IN FWSf 4YFR O< COLiDImD OKR NL .OINis Di WEER PwELs. 1 UL U419 3 HR FIRE BARRIER WALL DETAIL SCALE: 3/4•�1'-0" SIZE DESCRIPTION HARDWARE 1 3'-0"X7'-O' INSULATED METAL DOOR STANDARD EXIT 2 12'-O'X14'-O' INSULATED OVERHEAD DOOR OPERATOR 3 Y-0'X7'-0" HOLLOW METAL DOOR PRIVACY 4 3'-O-X7'-O' HOLLOW METAL DOOR STANDARD EXIT -ALL DOOR HARDWARE TO BE UGM COIMERCMC GRADE UNLESS NOTED -ALL LOCKSETS TO BE LEVER TYPE. ADA COMPLIANT -SWING DOORS TO IVE 1 PNR BUTTS -CLOSERS TO BE ADA •NORTON' 8501 SERIES W/ STOP ARMS -ALL STEEL DOORS AND FRAMES TO BE FACTORY PRIMED AND FIELD PANTED WRH 2 COATS OF OL BASED ENAMEL -E%TERpR DOORS TO IVE ADA THRESHOLDS. WEATHER STRIPPING. INSULATED CORES, SCALE AS SHOWN ONLY APPLIES IF ON 24"X36* d' }' 1- 2- PAPER SOMERSET STORAGE PROPOSED STORAGE BUILDING SOMERSET, WISCONSIN SCALE AL"MED --- PRELMDIARY DRAWN BYUw u — CROSS SECTION 2 SCALE: 1/4"=V-0" rm m Tr � RAI Ts I Twc p15) 7..raa TbMRANY" Lm. FLOOR PLAN t SECTION A1.1 ST. CC_Rs-�',b-IX Community Development Government Center 1101 Carmichael Road Hudson WI 54016 Telephone: 715-386-4680 Fax: 715-386-4686 www.sccwi.gov July 6, 2023 File Reference: CUP-2023-006 Somerset Storage LLC 458 Wildwood Road Mahtomedi, MN 55115 RE: Conditional Use Permit Decision Property located in NE'/4 of the NE 1/4, Sec. 5, T30N, R19W, Town of Somerset Project address is 500 County Rd VV., Somerset, WI 54025 To Whom it May Concern; The St. Croix County Board of Adjustment has reviewed your request for the following item: 1. Conditional Use Permit to construct an indoor recreational facility — temporary batting cages -- in C-3 Commercial zoning district pursuant to Section 15.285.2 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, 41,/� G✓ Mike Wozniak, AICP Land Use Administrator Enclosure: Formal Decision EC: Town of Somerset Clerk; townclerk@townofsomersetwi.com Jason Raverty;jraverty@stevensengineers.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: CUP-2023-006 Applicant: Somerset Storage LLC Agent: Stevens Engineer Complete Application Received: April 3, 2023 Hearing Notice Publication: May I 1 and 18, 2023 Hearing Date: May 25, 2023 Decision Date: 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 property owner and applicant is Somerset Storage LLC. 2. The site is located at 500 CTY Rd. VV; Part of the NE 1/4 of the NN 1/4 of Section 5, T30N R19W, Town of Somerset, St. Croix County, WI 3. The property is 6.363 acres in size and is located within the C-3 Commercial Zoning District. 4. The applicant filed an application with the St. Croix County Board of Adjustment for a Conditional Use Permit to operate an Indoor Recreational Facility in a C-3 Commercial Zoning District per Chapter 15.285.2 Use Table of the St. Croix County Zoning Ordinance. 5. The sanitary permit for additional restrooms approved on October 14, 2022. 6. 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 be within all setbacks and building size/height requirements established by St Croix County Zoning Chapter Section 15.242 for the C-3 Commercial District. ■ The proposed use will not cause a reduction of the property values in the affected neighborhood. The use of the indoor recreational facility is allowed as a conditional use, conformance with the ordinance and permit standards will prevent any reduction in the value of neighboring parcels. ■ 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 structure is approved use and is contained within the structure. ■ 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 an indoor recreational facility will not negatively affect public health, safety, or the general welfare of the community. DECISION Based on the Findings of Fact and Conclusions of Law, Staff recommend approval of the Conditional Use Permit to operate an indoor recreational facility at 500 CTY Rd. VV within the Town of Somerset with the following conditions: Pagel of 3 CUP-2023-006 1. Construction of the indoor recreational facility shall- be in accordance with the submitted site plan and supporting information, and additional information in the staff report. 2. The site shall comply with off-street parking standards listed in Section 15.430 Parking and Loading. 3. The sanitary system for the indoor recreational facility shall comply with all applicable State Sanitary Codes. 4. The applicant shall have one (1) year from the date of approval of this conditional use permit to begin construction and two (2) years to complete the project and complete the final inspection with the department. `5. All other applicable local, county, state, and federal permits shall be obtained prior to construction. 6. 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. 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_ shall not be amended or added without notice to the applicant and an opportunity for a public hearing. 8. 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. 9. 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. 10. 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. 11. 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. 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 Page 2 of 3 CUP-2023-006 Electronically signed by C. W. Malick Chairperson Date Filed: May 25, 2023 Page 3 of 3 CUP-2023-006 St. Croix County Board of Adjustment Conditional Use Permit Staff Report CUP-2023-006 Hearing Date: May 25, 2023 ST. CR0 LINTY �f Site Information Applicant: Somerset Storage LLC Owner: Somerset Storage LLC Site Address: 500 County Rd VV Somerset, WI 54025 Parcel 1 D#: 032-2017-20-100 Alternate #: 05.30.19.534C Site Location: Part of the NE % of the NE % of Section 5, T30N R19W, Town of Somerset, St. Croix County, W 1. Zoning District: C-3 Commercial Request: Conditional Use Permit to construct an indoor recreational facility — temporary batting cages -- in C-3 Commercial zoning district pursuant to Section 15.285.2 of the St. Croix County Zoning Ordinance Exhibits: 1) Staff Report 2) Conditional Use Application Exhibit 1 ST. CRO(•x _v L1NTY, Location Map ■ 500 County Rd VV Town of Somerset. ■ Parcel is 6.363 acres in size. ■ Property is not located in Shoreland or Floodplain Overlay Districts. 500 Count} Road VV 41100023, 2-20:51 PM 1:3,244 0 105 210 420 ft F— - Munieipal Boundaries Lot and Units Park General Common Element Dutlat 0 30 BQ 120 m Public RCYU Lot 0 Tax ParcelsSCE � Unit Limited Common Element SubdivisionlCSM Boundaries Web hppEdkk. ra ArcGIG SCccno I WDNR, SCC Cobs see CCnard sCC H4hw y D�gm I FFNA, sCccao I Coo n-id NPs I Na b-i G .p2rfiaHrteIIae. A0—f ONGAI: 6eAa8um Uri 4; e.,; I WI bepi. orkAW I Reaairces D d= dWatmi ST. CRO V,,NTY Site Conditions ■ Property is heavily vegetated, and well screened from surrounding residential parcels. ■ Slopes greater than 25% are located on the property. ■ Stormwater review of best management practices was conducted for the proposed structure as part of the Land Use Permit (LUP) review process. ■ Site is currently used as an indoor and outdoor self -storage facility, and electrical contractor business operation. ST. CRD NTY Proposed Project Summary The applicant is proposing temporary use of a portion of a new self -storage building as an indoor recreation facility for baseball batting cages. • The applicant is expanding his self storage with an addition to the existing structure and an additional structure as shown below in • The new structure and addition to the existing structure were approved October 12, 2022, through a Land Use Permit (LUP-2022-059) to expand the self -storage facility operation . • The temporary batting cages will be located in the new structure. • The batting cages will be located in 10 of the 18, 20' x 40' storage units. • Parking for the batting cages is proposed on the east side of the structure. • Restrooms for customers will be provided in the new structure again in one of the storage units. • Planned facility use for the batting cages is two to three years. • Hours of operation are proposed to be 4pm-8pm, 7 days a week. ST.OW CRD LINTY �f Proposed Site Plan Existing structures 1 1 I i ,1 ' SEeuaarlG E FFEa.l•� • s I• s GENERAL NOTES: T SiTE "S L D USE KE APPiO iLUP N??-0SDI F¢R COMgTF Tp p—9NRAGF euLLu'xi 2 C NT REQUEST IS TO CONSTRUCT A TEMPCR V WD¢ BATTC+C C —HiN THE WVST¢R4¢E guiL¢iH¢. 5 9AttriG CAGE riV-L TEAIPORAiOLV FILE 11I vD'MAO'30.F STORAGE SPACES yn QR. upN10AP9EA'RiN¢wars unLL EE TEMPORSTiev ELIMi�ATE¢mFHIN THE 1¢rpAulS REFERTDPLWu'SU6MiTFE¢u+iTR LAA¢15E PETIMiTFut Lx GETwL aF THE —E mPRweMER.s PARKING NOTES •AWR BATTINGC EWTEA=6.M SF 2 REQDRE¢ T FA LIR WO SF FOR iRpppR RECREAnpHAL FAGLiTv TOTx PAfWHG ReWU M MSTKLS *¢Tx PWeuRG RRQVi0M n STALLS 0 4 KEYNOTES: 0 PAVEMENTWAMHEG-l'WHITE ITI•Pi PaVEMENt tivJavaG•¢ wMiTE NAGONAL 3 PAVEMENT AviFLrcer•¢-EwPniCAP 4YMelx ti c - �' u+uE r. FE F.I LEGEND PROPFRn•eo�NDARv CGnCPEif PAVFI�UT ASPHALT PA` WW a sT —ATER Si T-E — •• STORM —TER PIPE 1Q RIPPfP IT--.T _ SYE�V£,NS EM HRS iNC S-FE ET si¢RACE LLc ii-YT tUnr pi SQTxEn,[f.vw°COnS!n wv,T¢MELwPMnEFf ,sits w r. C5 A¢'n 317E PLAN FOR BATTING CAGE GNP soTA u✓f1R[Ss Approved proposed addition and new structure s_ ST. SRO NTY m Proposed Building Plan I ST. SRO NTY m Other Agency Reviews ■ Town of Somerset: Somerset recommended approval for temporary batting cages installed inside newly constructed commercial storage shed ■ County Highway Department: No Concerns ST. CRO LINTY OPM �f 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). ST. CR0L LINTY OW �f Findings of Fact & Conclusions of Law 1. The property owner is Somerset Storage LLC. 2. The site is located at 500 CTY Rd. VV; Part of the NE % of the NN % of Section 5, T30N R19W, Town of Somerset, St. Croix County, WI. 3. The property is 6.363 acres in size and is located within the C-3 Commercial Zoning District. 4. The applicant filed an application with the St. Croix County Board of Adjustment for a Conditional Use Permit to construct an Indoor Recreational Facility in a C-3 Commercial Zoning District per Chapter 15.285.2 Use Table of the St. Croix County Zoning Ordinance. 5. Sanitary system permit for additional restrooms approved on October 14, 2022. ST. CRD LINTY Findings of Fact & Conclusions of Law... 6. 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 be within all setbacks and building size/height requirements established by St Croix County Zoning Chapter Section 15.242 for the C-3 Commercial District. ■ The proposed use will not cause a reduction of the property values in the affected neighborhood. The use of the indoor recreational facility is allowed as a conditional use, conformance with the ordinance and permit standards will prevent any reduction in the value of neighboring parcels. _ ST. cR0 NTY M 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 structure is an approved use and is contained within the structure. ■ 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. ST.OW CRD LINTY �f Findings of Fact & Conclusions of Law... ■ The use is not contrary to the public health, safety or general welfare. The use of an indoor recreational facility will not negatively affect public health, safety or the general welfare of the community. ST. SRO LINTY OPM �f 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. Construction of the indoor recreational facility shall be in accordance with the submitted site plan, supporting information and additional information in the staff report. 2. The site shall comply with off-street parking standards listed in Section 15.430 Parking and Loading. 3. The sanitary system for the indoor recreational facility shall comply with all applicable State Sanitary Codes. 4. The applicant shall have one (1) year from the date of approval of this conditional use permit to begin construction and two (2) years to complete the project and complete the final inspection with the department. 5. All other applicable local, state and federal permits shall be obtained prior to construction. 6. 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. 5-1: C 12 O I U,NTY Staff Recommendation 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 shall not be amended or added without notice to the applicant and an opportunity for a public hearing. 8. 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. 9. 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. ST. CRD LINTY Staff Recommendation 10. 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. 11. 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. ST. CRD LINTY