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HomeMy WebLinkAbout006-1015-40-000(5) t DECISION OF ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case No: 11-91 Filing Date: 2-25-91 Notice Dates: Weeks of Mar. 11 & 18, 1991 D Hearing Date: Mar. 28, 1991 FINDINGS OF FACT Having heard the testimony and considered the evidence presented, the.Board find the following facts: 1. The applicant or appellant is: Edward Kraemer & Sons, Inc. One Plainview Rd. Plain, WI 53577 2. The applicant or appellant is the owner of the following described property which is the subject of the application or appeal: SE 1/4 of the SE 1/4 of Sec. 7, Town of Cylon, St. Croix Co. 3. The property is presently used for: Mining 4. The applicant or appellant proposes: Continue use of gravel operation. 5. The applicant or appellant requests:A special exception permit. a. An appeal of the Zoning Administrator's determination. * b. A special exception permit. c. A variance Under section 226(89) of the ordinance. 6. The features of the proposed construction and property which relate to the grant or denial of the application or appeal are: The non metallic mining operation is a special exception. CONCLUSIONS OF LAW 1 r SPECIAL EXCEPTION- The application for a special exception use permit does qualify under the criteria of Section 226(89) of the ordinance because the request is a special exception use by the ordinance. ORDER AND DETERMINATION The basis of the above finding of fact, conclusions of law and the record in.this matter the board orders: VARIANCE/SPECIAL EXCEPTION - The requested special exception is granted subject to the following conditions. 1. A 2 year extension of the permit. Motion to by Bradley, seconded by Sinclear. Motion carried. Vote: Stephens, yes; Menter, yes; Sinclear, yes; Kinney, yes and Bradley, yes. The Zoning Administrator is directed to issue a zoning permit incorporating these conditions. Any privilege granted by this decision must be exercised within 12 months of the date of this decision by obtaining the necessary building, zoning and other permits for the proposed construction. This period will be extended if this decision is stayed by the order of any court or operation of law. This order may be revoked by the Board after notice and opportunity to be heard for violation of any of the conditions imposed. This decision may be appealed by filing an action in certiori in the circuit court for this county within 30 days after the date of filing of the decision. The municipality assumes no liability for and make no warranty as to the reliance on this decision if construction is commenced prior to expiration of this 30 day period. ZONING BOARD OF APPEALS/ADJUSTMENT Date : K - z -Fl Signed &L)L0fzXW - Filed:-4-19-91 Chairper n cc: Town Clerk and file 2