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HomeMy WebLinkAbout002-1074-20-000 (4) CROIX COUN"Pt e PLANNING & ZONING June 28, 2012 File Ref: SE87469 a t Smith Sales LLC c/o Jody Close 2231 Hwy 12 ` Baldwin, Wl 54002 Y: Code Administration 715-386-4680 Re: Special exception in the Commercial District Parcel 9002-1074-20-000, Town of Baldwin Land Information Planning 715-386-4674 Dear Mr. Close: Real Prop 715-386-4677 The St. Croix County Board of Adjustment (Board) has reviewed your request for the following item: Recycling 715-386-4675 Special exception to operate a retail auction and consignment sales business >2500 sq. ft. in the Commercial District pursuant to Section 17.18(9)(z) of the St. Croix County Zoning Ordinance r After the hearing on June 28, 2012, the Board approved the request with conditions. The enclosed document is the formal decision regarding the application. You must obtain any other required local, state, and federal permits and approvals. Feel free to t contact me with any questions or concerns. Sincerely, Pamela Quinn a:t Zoning Specialist/Zoning Administrator Enclosures: Formal Decision :w cc: Clerk, Town of Baldwin b Jeff Abboud, Wisconsin DOT. Steve Olson, LWCD ~v Sr CRO/X COUNTY GOVERNMENT CENTER 1 101 CARM/CHAEL ROAD, HuosoN, W1 54016 71-5386-1686 FAX PZ9CO.SAINTCR01X.W1.U5 WWW.C0.SAINT-QR0IX.WI.US FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE87469 Applicant: Grand Garage of Stillwater LLC c/o Kevin LaCasse Agent: Smith Sales LLC Parcel ID 29.29.16.441E & 29.29.16.441F Complete Application Received: April 27, 2012 Hearing Notice Publication: Weeks of June 11 and June 18, 2012 Hearing Date: June 28, 2012 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony and considered the entire record herein, the Board makes the following Findings of Fact and Conclusions of Law pertinent to your request: 1. The applicant is Grand Garage of Stillwater LLC c/o Kevin LaCasse, property owner. The applicant's agent, Smith Sales LLC, operates the auction and consignment sales business that is requesting the special exception. 2. The site is located at 2231 U.S. Hwy 12 in the SW 1/4 of the SW 1/4 of Section 29, T29N, R16W, Town of Baldwin. 3. The applicant's agent, Smith Sales LLC, filed with the Board of Adjustment an application for a special exception to operate a retail auction and consignment sales business that utilizes a portion of a large (60,000 sq. ft.) building in the Commercial District pursuant to Section 17.18(9)(z) of the St. Croix County Zoning Ordinance. 4. This request would not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that a retail auction and consignment sales business is a reasonable and appropriate use in the Commercial District, which the property is currently zoned. Smith Sales offers a variety of products available for sale, which include agricultural equipment, cars, trucks, and RV's, all needing space to be parked and viewed by prospective buyers. The site has previously been used for business activities and appears to be compatible with existing adjoining uses in the area. The site is located between Hwy 12 on the north and 70"' Ave. on the south, which is easily accessible to customers. 5. The use of the property for retail auction and consignment sales meet several goals and objectives stated in the St. Croix County Development Management Plan Objectives 4B and 5A - 5D, which include locating commercial development where suitable conditions exist, pursuing quality of life that will attract and retain quality businesses and employment, promoting the development of new businesses in the County, and diversifying the County's economy. 6. The applicant's building has existing lighting for safety and security. With conditions for shielding any future light sources to prevent glare onto adjacent properties and for limiting noise and hours of activity on the site, this request would not negatively impact the health, safety, or welfare of the public, nor would it be substantially adverse to property values for nearby residences or businesses. 7. Existing screening consists of trees and/or shrubs that reduce visibility of business-related traffic from adjacent properties. The buildings are set back over 300 ft. from 70`h Ave. and over 200 ft. from Hwy 12. This request would not constitute a nuisance by reason of noise, dust, smoke, odor, or other similar factors. The site is surrounded by industrial, commercial, and agricultural uses and does not have a record of complaints from adjacent land owners. 8. The applicant's site provides adequate off-street paved and gravel parking pursuant to Section 17.57 (5) and has permitted driveway access pursuant to Section 17.60 of the St. Croix County Zoning Ordinance. 0 - & There are no complaints on file regarding business-related traffic or parking. 9. The Baldwin Town Board recommends approval of the special exception permit on the condition sales continue at the present site and at current volumes. 10. The St. Croix County Land & Water Conservation Department recommends a condition that no redevelopment may occur until a stormwater and sedimentlerosion control plan that meets NR 151 standards is approved by the county. 11. Jeff Abboud, Urban/Regional Planner for Wisconsin DOT, said the Department has no comment regarding the special exception application for this property. Other DOT comments relating to signage along STH 12 and the existing driveway access off STH 12, which are not located on property owned by the applicant, must be addressed separately, either with sign permits, removal of signs, and/or town driveway permit DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the request, with the following conditions: 1. This special exception permit allows the applicant's agent, Smith Sales LLC, to continue operating retail auction and consignment sales on the site as indicated in the application and as provided in the conditions below. This approval does not include any additional uses, structures, or activities. 2. The applicant's agent, Smith Sales LLC, shall be responsible for complying with any other local, state, or federal permit requirements, licenses, and/or approvals. 3. Normal hours of operation for Smith Sales LLC shall be 8:00 a.m. to 5:00 p.m. Monday through Friday and 8:00 a.m. to 3:00 p.m. on Saturday. Sales shall continue at the present site and at the current volumes. 4. The applicant and/or agent shall maintain the existing vegetative screening and fencing. 5. The applicant and/or agent will continue to maintain adequate off-street parking in compliance with Section 17.57(5). 6. Upon complaints of regularly occurring, excessively loud noise at any time, the applicant or their agent 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. The applicant and/or agent shall be responsible for continuing to keep the property in a neat and orderly manner. 8. Spill kits shall be available at all times. 9. The Zoning Administrator or designee is authorized to conduct unannounced site inspections to verify compliance with requirements and conditions in this permit. 2 ! 0 10. No redevelopment may occur on the property until a stormwater and sediment/erosion control plan that meets NR 151 standards is approved by the county. 11. All lighting associated with the business shall be downward directed and shielded away from neighboring properties and Hwy 12 traffic lanes to prevent glare. Only lights on the building or building overhangs at a level not to exceed the height of the lowest eaves may be left on overnight for security purposes. 12. No new signs are approved as part of this permit. Any new or existing signage for the Smith Sales LLC business will require a separate land use permit and must comply with standards in the St. Croix County Sign Ordinance Section 17.65. 13. The applicant's agent, Smith Sales LLC, shall be responsible for contacting the Zoning Administrator to review this special exception permit in two (2) years from the approval date for compliance. These conditions may be amended or more 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 changed without notice to the applicant and an opportunity for a hearing. 14. Any minor change or addition to the auction and consignment sales operation, including but not limited to a change in use or facilities, or the addition of services or staff shall require prior review and approval by the Zoning Administrator prior to making the change or addition. Any major change in use or addition to the originally approved plan will have to go through the special exception approval process. 15. Accepting this decision means that the applicant and their agent, Smith Sales LLC, have read, understands, and agrees to all conditions of this decision. The following vote was taken to approve: Chairman Malick, yes; Peterson, yes; Nelson, yes; McAllister, yes; and Hurtgen, yes, Motion carries. 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. Z 77S OARD OF AD ST NT Signed: t 7/(,/( ax Clarence W. "Buck" Malick, Chairman Date Filed: June 28, 2012 3 MOTOR VEHICLE DEALER Wisconsin Department of Transportation Dealer and Agent Section TWO YEAR LICENSE APPLIC ON FOR OFFICE USE ONLY P.O. Box 7909 MV2186 2/2008 Ch. 218 Wis. Stats. Issued Expires Madison, WI 53707-7909 Submit in duplicate. F-1 Amending Current License Information Legal Name Area Code - Telephone Number Dealer License Number SMITH SALES LLC 715-684-4087 Trade Name(s) or DBAs Federal Employer Identification Number 45-0670372 Street Address or RFD Post Office Box Number City State ZIP Code County where business located 2231 HWY 12 BALDWIN WI 54002 ST CROIX Type of Vehicles to be Sold Business Entity If Corporation or LLC, ❑ city ❑ Village 10 Township AUtoS ❑ NEVS ❑ Sole Proprietorship ❑ Association Date Licensed in Wisconsin Name: BALDWIN © Trucks (Neighborhood Electric Vehicles) ❑ Partnership ❑ Corporation State of Incorporation or Organization Motorcycles © LLC 3/2011 List makes of new vehicles to be sold E-mail Address N/A JODY.CLOSE @ BALDWIN-TELECOM.NET Address of NONADJACENT Sales Location in SAME MUNICIPALITY Branch: Sublot: Name and Title of Owner, Partners, Association Members, Corporation Officers snd Shareholders, LLC Managers and Members Complete an Entity/Owner Statement (Form MV2W) for each individual listed. JODY DEAN CLOSE - OWNER Completely describe other business, if any, engaged in by your fine Same location? License Numbers of Additional Dealerships ❑ No ❑ Yes Was there a licensed dealer at this same location previously this year? Do ou own and operate your own service department? W] No ❑ Yes, Name dealer Yes © No, Attach completed service agreement Have you, as an individual and your above-named firm, been licensed as a dealer before? Complete ONE of the following (whichever applicable): YES NO Is No ❑ Yes, Same location? F1 No ❑ Yes business real estate owned hip ® Owner of sole proprietorship ❑ ~ if no, Has your motor vehicle dealer license ever been denied, suspended or revoked? 1Z No ❑ Yes, When and what statev One partner of partnership ❑ send copy Corporate dealership ❑ Z of lease. Are you licensed as a motor vehicle salvage dealer at same location? 91 No ❑ Yes, Give license number LLc ❑ New AUTOS Used New TRUCKS Used New MOTORCYCLES Used New OTHERS (specify) Used SALES TAX Number of SELLER PERMIT NUMBER vehicles sold Retail in last 12 - - - - - - - - - - - - - - - - month period Wholesale Please checkoniyONEboxthatapplies toyour dealership. Dealer License (Required fee) ..................................$40.00 40.00 Call 608-261-9555 if you have questions about these fees. Branch License .........................................................$40.00 1. During the next two years our dealership will sell all vehicles on a cash only basis. Fee due is $20. Sublot License ............................................................$2.00 2. Our dealership originates retail installment sales contracts Salesperson License(s)......... Number x $8.00 and/or consumer leases. (If test required, pay examiner) ❑ a. All of the contracts or leases we originate are sold or Wisconsin Buyer's License(s)....... Number 1 x $12.00 12.00 transferred to a third party. Fee due is $100. ❑ b. Some or all of the contracts or leases are retained by Buyer ID Card(s) Number x $12.00 0.00 our dealership. Fee due is $100. Dealer License Plates Required..... First 2 plates = $150.00 150.00 ❑ 3. The total amount of installment contracts and/or consumer Number of additional plates @ $10.00 0.00 leases originated and retained in the last 12 months was List letters of all missing plates $ , which is $100,000 or less. Fee due is $100. ❑ 4. The total amount of installment contracts and/orconsumer leases) originated and retained in the last 12 months was Replacement License Plates for lost, damaged, $ , which is greater than $100,000. Do not or illegible plates ........................................each plate $2.00 submit a fee. You will receive a separate bill. 202.00 Does your dealership write credit insurance? ❑ No ❑Yes CHECK PAYABLE TO: REGISTRATION FEE TRUST $ CHECK PAYABLE TO: Department of Financial Institutions I, the undersigned, certify under penalty of s.345.17 Wisconsin Statutes, that (1) a lease agreement covering at leastthe licensing year has been executed, if premises are not owned by applicant, and (2) the answers and statements on this application are true and correct to the best of my knowledge. See reverse side. X (Authorized Dealership Agent, Title) (Date) Following Applies To Fletime Dealer Applicant Or APPliSon For Amended License Because of Business Relocation or Ownership Change Proper local officials must sign below, BEFORE submitting this application. All applicants complete section A. If business is located in a township, complete both sections A and B. Attention Zoning Authorities: The requirements for a retail motor vehicle dealer are as follows: 1. A permanent building, not a residence, tent, or temporary stand. 2. An office within the building. 3. A minimum 12x20 foot area accessible for automobile display, repair and preparation within the building. 4. A repair shop on the premise or a service agreement with a nearby repair shop. 5. An outdoor vehicle display lot for at least one vehicle adjacent to the building or all vehicles kept indoors. 6. An exterior sign with business name as it will appear on the license certificate and any other name used to do business under. The lettering of the sign must be a minimum of 4 inches high, unless smaller dimensions are required by local zoning or sign ordinance. 7. A sign posted on or adjacent to the entrance door describing business hours. Section A Business Name / Location SMITH SALES LLC 1. Operation of this dealer business at the location(s) stated above is in ac a c w h I al zoning, building code and permit requirements. JODY CLOSE (Print Name) ignature) OWNER TOW HIP VBALDWIN (Official Title) (Municipality) 2. Check one box and sign below: ❑ A local permit or license is required and has been issued. © A local permit or license is not required. (Print Name) (Signature) (Official Title) (Municipality) Section B Business Name / Location County Zoning Approval - required only if business is located in a township. Operation of this dealer business at the location(s) stated above is i rdance with local zoning regulation. A hn-R 'yJ' tl r N tJ r (Print Name) (Signature) ri l~ 6~CT /-~M 1&f1ST'e4TZ (e' ST CROIX (Official Title) (County) If business address on the front does not include a specific street number, furnish directions to your business location, including highway numbers or letters and distances.