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HomeMy WebLinkAbout002-1020-10-100 (2) CROIX COUT~My PLANNING ZONING July 27, 2012 File Ref: SE87507 Jason and Annette Connett 1069 245' Street Baldwin, WI 54002 Re: St. Croix County After-the-Fact Special Exception Request Parcel #002-1020-10-100, Town of Baldwin Code Administraxion 715-386-4680 Dear Mr. and Mrs. Connett: Land Information The St. Croix County Board of Adjustment (Board) has reviewed your request for the following item: Planning 715-386-4674 An after-the-fact special exception permit for a contractor's storage yard pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance. Real Propem- 715-330-4677 After the hearing on July 26, 2012, the Board voted to approve the special exception request with conditions. The enclosed document is the formal decision regarding your application. Recycling 715-386-4675 Please feel free to contact me with any additional questions or concerns. S' r Pamela Quinn Zoning Specialist/ Zoning Administrator Enclosure: Formal Decision cc: Clerk, Town of Baldwin Steve Olson, St. Croix County Land and Water Conservation Department Sr. CRO/X COUNTY GOVERNMENT CENTER 110 1 CARM/CHAEL ROAD, HUDSON, W/ 54016 7153864686 FAx PZPCO.SAINT-CRO/X.WLUS WWW.CO.SAINTCROIX.WI.US 0 0 FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File Number: SE87507 Applicants: Jason and Annette Connett, property owners Parcel Number: 10.29.16.138A Complete Application Received: May 24, 2012 Hearing Notice Publication: Weeks of July 9 and 16, 2012 Hearing Date: July 26, 2012 FINDINGS OF FACT AND CONCLUSIONS OF LAW 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 special exception request: 1. The applicants are Jason and Annette Connett, doing business as Green Touch Lawn, Inc. 2. The site is located at 1069 245`h Street in the SW '/4 of the NE '/4, Section 10, T29N-R16W, Town of Baldwin. 3. The applicants filed an application with the Board of Adjustment for an after-the-fact special exception permit to operate a contractor's storage yard pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance. The property was recently rezoned to Ag Residential and this application is a required code enforcement compliance activity. 4. This request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that contractor's storage yards are allowed in the Ag Residential district. 5. The existing pole building is used as the business office and shop, with parking areas that are screened on three sides from adjacent properties. There are no sanitary facilities other than the POWTS that serves the applicant's residence. The applicant proposes to add a line of evergreen trees and fencing along the north property line so that this request would not be detrimental to property values in the area. 6. The applicants are licensed and have a contained area to mix the lawn chemicals. With conditions requiring spill kits of sufficient size to be kept on site to clean up accidental spills of fertilizer, lawn treatment chemicals, or other potentially hazardous fluids and for maintenance and storage of equipment and vehicles on impervious surfaces, this request will not negatively affect public health, safety and welfare of the neighborhood. 7. With conditions to maintain the property in a neat and orderly manner, this request will not substantially affect property values. 8. With conditions for traffic limited to employees during stated hours of operation, directing any lighting toward the ground, and that no manufacturing, retail services or other services will take place on this site, this request does not constitute a nuisance by reason of noise or excessive vehicle traffic. There will be no dust, smoke or odors generated by this operation. 9. The Town of Baldwin has recommended approval of this application. I -2- I DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's special exception request, with the following conditions: 1. This special exception permit allows the applicant to operate a contractors' storage yard using an existing accessory structure for their basic operation: business office and equipment storage. Approval for this special exception permit does not include any additional structures, services, operations, vehicles or employees not indicated in the plans. 2. Additional trees shall be planted in a manner to screen the contractor's storage yard and all equipment in it from the adjoining property to the north during winter, leaf-off conditions. All transplanted trees shall not be less than four feet in height at the time of planting, and shall not exceed a height of approximately 10 feet at maturity. The landscaped buffer shall attain 80 percent opacity at maturity. 3. No brush, grass clippings, or other vegetative material related to the business may be brought to and/or stored on the site. 4. Spill kits of sufficient size shall be kept on site. All business equipment and liquids (fuel, oil, fertilizer, pesticides, etc.) shall be stored on impervious surfaces. Fuel storage specifically will require secondary containment. If leaks or spills occur, the spill will be contained, collected, and the absorbent material properly disposed of so as not to pose an environmental or health hazard. 5. The applicant shall be responsible for keeping the property in a neat and orderly manner. 6. Upon complaints of regularly occurring, excessively loud noise at any time, the applicant shall work with the Zoning Administrator to abate the noise problem. In the event that the matter cannot be resolved administratively, the applicant shall take the matter before the Board of Adjustment at a public hearing, 7. Hours of operation shall be 7:00 a.m. to 7:00 p.m., Monday through Friday with occasional weekend hours during lawn maintenance season (late March - early November). Snow removal hours are weather-dependent during the winter months. 8. All lighting associated with the business shall be illuminated downward and shielded away from neighboring properties to minimize glare. 9. No manufacturing, retail services, or other business services shall take place on this site. 10. Any minor change or addition to the project, including but not limited to hours of operation, shall require review and approval by the Planning and Zoning Department prior to making the change or addition. Any major change or addition to the originally approved plan, including, but not limited to the addition of another business will have to go through the special exception approval process. 11. These conditions may be amended or additional conditions may be added if unanticipated conditions 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 hearing. 12. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision and authorizes unannounced compliance inspections by zoning officials during business hours. -3- I 0 The following vote was taken to approve the special exception: Chairman Malick, yes; Hurtgen, recused; Nelson, yes; Peterson, yes; McAllister, absent. Motion carried. 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(l 0), 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 Planning and Zoning 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 ADJUS ENT Signed: Clarence W. "Buck" Malick, Chairman Date Filed: 07/27/2012 -4- I