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HomeMy WebLinkAbout002-1051-50-100 (2) T'%'/1A %"%')UNT STO AAA PLANNING ZONING January 29, 2010 File Ref: SE0215 a Derek Lee < t3 2374 80th Avenue Baldwin WI 54002 Re: St. Croix County variance and special exception permit for a major home occupation (auto repair business) located in section 21, T29N, R16W, Town of Baldwin. Code Administrate 715-386-4680 Dear Mr. Lee: Land Information cXc Planning The St. Croix County Board of Adjustment (Board) has reviewed your application for a 715-386-467 variance and special exception application for a major home business (auto repair business) Real Pr rty at the property referenced above in the Town of Baldwin. After the hearing on January 28, 715 -4677 2010, the Board approved the variance and special exception request with conditions. The enclosed document is the formal decision regarding the application. R' `cling 5-386-4675 you must obtain any other required local, state, and federal permits and approvals. Should you have any questions or concerns, please contact me at 715-386-4680. N. Sincerely, £ ,q ~1 Alex Blackburn Land Use Specialist/ Zoning Administrator Enclosure: Formal Decision a cc: Clerk, Town of Baldwin . <i f ST. C,40/X COUNTY GO UERNMENT CENTER 1 101 CARM/CHAEL ROAD, HUDSON, W/ 54016 715386-4686 FAX PZCaCO. SA/N'T-CR0/X. W. US W W4V. CO. SAI NT-C ROIX. WI. US FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE0215 Applicant: Derek Lee Location: Section 21, T29N, RI 6W, Town of Baldwin Complete Application Received: December 7, 2009 Hearing Notice Publication: Weeks of January 11 and 18, 2010 Hearing Date: January 28, 2010 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and reviewed the site the Board of Adjustment makes the following Findings of Fact and Conclusions of Law for both requests; 1) The applicant is Derek Lee, property owner. 2) The site is located at 2374 80'h Avenue in the SW '/4 of the SE'/4 and the SE'/4 of the SE'/4 of section 21, T29N, R16W, Town of Baldwin, St. Croix County, Wisconsin. Having heard all the testimony, considered the entire record herein, and reviewed the site the Board of Adjustment makes the following Findings of Fact and Conclusions of Law for the variance; 3) The applicant filed with the Planning and Zoning Department an application for a Variance to operate a home business within 500 feet of a pre-existing residence pursuant to Section 17.155 (6)(d)(2) Mr. And Mrs. Nawrocki occupy the nearest residence and are 278 feet to the south. The Nawrocki's have submitted a letter of support for this business. The next closest house is approximately 618 feet away. 4) There will be minimal traffic with the auto repair business. 5) The applicant Derek Lee will be the only employee. 6) The hours of operation are short in duration, 5-9 pm Monday through Friday 7) The site is well buffered with the existing evergreen trees on the neighboring property. Having heard all the testimony, considered the entire record herein, and reviewed the site the Board of Adjustment makes the following Findings of Fact and Conclusions of Law for the special exception; 8) The applicant filed with the Planning and Zoning Department an application for a special exception permit for an auto repair business in the Ag Residential district pursuant to Section 17.155(6) (b) of the St. Croix County Zoning Ordinance. 9) This request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that major home occupations may be allowed in the Ag Residential District with a special exception permit. Granting this request will allow for the existence of a small, locally owned and operated business. The applicants will reside on the lot and the primary use and appearance of the lot will remain residential. With conditions that all repairs and storage of all customer cars be kept inside within the 1000 square foot allowed space, the location of this auto repair shop will not detract from the residential appearance of the property. 10) The auto repair business has a holding tank and a burner that burns waste oil, transmission fluid, brake fluid and power steering fluid. In addition the antifreeze is recycled by the Crystal Clean Company and the scrap metal is recycled by Dale Nelson. The future tire sales and associated tire disposal would be handled by handled by Green Man tire recycling. Based on these facts this request would not have negative impacts on the health, safety or general welfare. 11) The driveway is paved and there is no auto body work at the shop, therefore this request would not constitute a nuisance by reason of dust. Typically an auto repair operation would not generate a significant amount of smoke or odors. Noise would not be a problem with conditions that the auto repairs do not go beyond 9:00pm and all work is being done inside the building. 12) The south side of the property is wooded with coniferous/evergreen trees. The location of theses trees provide screening to the house to the south. There are also coniferous/evergreen trees on the east, west and north sides that provide screening on those sides. With the existing landscaping this request would not negatively impact the property values for nearby residences. 13) The lights on the accessory structure are similar to lights placed on a residence. The current lights don't shine into the neighboring residence or onto the road, and therefore are not a threat to public health and safety or create a nuisance. 14) There is adequate paved parking for the 1-2 customers per day that will be dropping off a car for repair. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board of Adjustment approves the variance and special exception renewal request, with the following conditions: 1. This special exception permit allows the applicant Derek Lee, to conduct a major home business in an accessory building in the Ag. Residential district. Approval for this special exception permit is contingent upon the approval of the variance and does not include any additional uses, structures, or other activities. 2. The applicant shall be responsible for securing all other necessary local, state, and federal permits and approvals. 3. Hours of operation shall be 5pm to 9pm Monday through Friday. 4. All repairs shall be conducted inside the accessory structure. Storage of all customer cars shall be inside within the 1000 square foot allowed space. 5. Any future lighting associated with the business must be downward directed and shielded away from neighboring properties and 80'x' Avenue to prevent glare. In addition, lighting must be no higher than the lowest eaves of the buildings. 6. No signs are approved as part of this pen-nit. Any future signage will require a sign permit. 7. 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. 8. All buildings and property shall be maintained in a neat and orderly manner. 2 9. The applicant shall contact the Zoning Administrator to review this special exception permit in two years from the approval date (January 2012) for compliance with the conditions of this approval. 10. These conditions may be amended or additional conditions may be added to address complaints or unanticipated circumstances that would affect the health, safety, or general welfare of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and opportunity for a hearing. 11. This special exception permit is for Derek Lee at 2374 80th Avenue address in the Town of Baldwin and is not transferable to any other property or address. 12. Any change in the use of the property; change in the building or facilities; or changes to the approved project details - including but not limited to structures, landscaping, signs, lights, parking, or lot/access changes - shall require prior review and approval by the Zoning Administrator to ensure that all Ordinance requirements are met. The Zoning Administrator may determine that special exception approval is necessary. 13. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. 141 If the evergreen buffer is every destroyed it shall be replaced by this property owner and located on this property. The vegetative buffer shall be at least 10 feet in width and at least six feet in height at the time of planting to screen the auto repair business from adjacent property to the south. The buffer shall attain at least 80% opacity at maturity. The plan shall include the species, size, and location of all trees, shrubs, and groundcover to be planted on the site, as well as a timeline for the plantings and a maintenance agreement to ensure that all vegetation establishes successfully. The following vote was taken to approve: Nelson, yes; Hurtgen, recused; Chairperson Malick, yes; Peterson, yes. Motion carried 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 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 ADJUSTMENT Signed: &Ck- IQL Clarence W. Malick, Chairper n Date Filed: 01/29/10 3