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Home My WebLink About022-1026-20-100 (3) STOCROIX COUNTI J` - PLANNING ZONING October 25, 2012 File Ref: SE87602 Scott & Julie Andrzejczak 1105 Coulee Trail Roberts, Wl 54023 Code Administravon 715-386-4680 Re: Special exception in the Ag Residential District Land Information & Parcel #022-1026-20-100, Town of Kinnickinnic Planning 715-386-4674 f A Dear Mr. & Mrs. Andrzejczak: Real Prop 715-386-=4677 The St. Croix County Board of Adjustment (Board) has reviewed your request for the Rec, cling following item: '$15-386-4675 7- Special exception for a limited commercial recreation activity (vineyard/winery) in the Ag- Residential district pursuant to Section 17.15(6)(m) of the St. Croix County Zoning Ordinance After the hearing on October 25, 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 contact me with any questions or concerns. Sincerely, Pamela Quinn Zoning Specialist/Zoning Administrator Enclosures: Formal Decision cc: Clerk, Town of Kinnickinnic Steve Olson, Land & Water Conservation District Mitch Littfin, agent ST. CRo1x COUNTY GOVERNMENT CENTER 715.386.4686 FAx PZPCO.SA/NT-CROIX,WI. US 1101 CARM/CHAEL ROAD, HUDSON, W/ 54016 WWW.CO.SAINT-CROIX.WI.US FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE87602 Applicants: Scott & Julie Andrzejczak Location: Sections 8 & 9, T28N, R1 8W, Town of Kinnickinnic Hearing Notice Publication: October 8 and 15, 2012 Hearing Date: October 25, 2012 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 pertinent to the request: 1. The property owners are Scott & Julie Andrzejczak and their agent is Mitch Littfin, architect. 2. The site is located in the NW I/4 of the SW '/4 & SW 1/4 of the SW '/4 of Section 9 and part of the NEl/4 of the SE'/4 and the SE'/4 of the SE'/4 of Section 8, T28N, R18W, all in the Town of Kinnickinnic. 3. The applicants submitted a special exception request for a vineyard and winery, which is considered limited commercial recreational activity in the Ag Residential zoning district. The production of wine would meet the ordinance requirement for being subordinate to the primary agricultural use of the property (8 acres for grape production, 15 acres in crop production), would be compatible with the agricultural use on that and surrounding properties, and would not likely attract other commercial related use. 4. Town of Kinnickinnic Plan Commission has reviewed the application and met with the applicants in September and October. The Plan Commission's recommendations on applicants' request for the proposed vineyard & winery will be presented to the Town Board during their November 6, 2012 meeting. 5. Steve Olson, Land and Water Conservation Department, reviewed the application and recommended a stormwater management plan be developed for any future building construction and paved parking lot and drive. The applicant provided a correction: no new structures are proposed at this time, just remodeling of existing buildings. 6. The proposed winery and vineyard would meet several objectives in Goals 5, 6, 8, and 9 of the St. Croix County Development Management Plan, which includes promoting the growth and development of new businesses in the county, support economic incentives for agricultural landowners to retain productive agricultural lands in agricultural use, provide quality recreational opportunities for residents throughout the county, and provide quality educational opportunities. 7. Sanitary facilities for visitors to the winery and a DNR holding tank for wine production wastewater must be installed. With conditions for obtaining permits for installation of state-approved wastewater treatment and/or containment components and implementing required maintenance schedules, this request will not create a public health or environmental hazard. 8. Proposed hours of operation for the winery activities will be seasonal, beginning in September through the end of November, with weekend visits Friday, Saturday and Sunday by appointment only between 12:00 - 6:00 p.m. 9. The winery and vineyard will be operated full-time by the applicants with the help of 1-2 part-time and up to 2 seasonal employees. There is potential for recruiting volunteer help as needed. 10. Visitor traffic to the winery will be routed via the existing driveway entrance off Coulee Trail to an extension field drive directing vehicles to parking spaces close to the accessory structures. The applicants have proposed 2 handicap stalls and 6 to 8 standard parking stalls. With conditions for providing adequate off-street parking to customers visiting the vineyard and winery per Section 17.56 of the county ordinance, this request would not be contrary to public health and safety. 11. The applicants intend to offer for sale wine bottled on the site. With conditions for obtaining the necessary permits and retail liquor licensing required by the state and town, this request will comply with regulations pertaining to the production of wine in the State of Wisconsin, as well as Federal Alcohol and Tobacco Trade and Tax Bureau (TTB). DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board of Adjustment approved the special exception request, with the following conditions: 1. This special exception permit allows the applicants to operate vineyard and winery as a limited commercial recreational activity on the site, as indicated in the application and as provided in the conditions below and selling only bottled wine. This approval does not include any additional uses, structures, or activities on this site. 2. Any aggrieved or interested party may request a reconsideration of this decision based upon Section 6 of St. Croix County Board of Adjustment Rules and By-Laws. The request for reconsideration must be in writing and submitted with new written evidence so that it can be filed with the Secretary at least 15 days prior to the next regularly scheduled Board of Adjustment meeting date. 3. The applicants shall be responsible for complying with any other local, state, or federal (TTB) permit requirements, licenses and approvals, including but not limited to a building permit and municipal liquor licensing. 4. Prior to any events, satellite toilet facilities must be on-site to provide sanitary wastewater disposal for visitors. 5. Proposed parking area, if gravel or grass, shall be watered down as needed to prevent dust from vehicular traffic. 6. No paved parking is proposed at this time, however, a storm water management plan must be submitted for review and approval that will provide infiltration of estimated runoff from future impervious areas. 7: Prior to any activity on this site the applicant shall be responsible for securing all necessary local, state, and federal permits and approvals. 8. No signage, other than those required as posted warnings to the public, is approved as part of this permit. All signage on and off the site must adhere to the standards and permit requirements in the St. Croix County Sign Ordinance Section 17.65. 2 • 9. All lights on the site must be downward directed and shielded away from neighboring properties and the road to prevent glare. 10. Prior to any activity on this site, the applicants shall submit to the Zoning Administrator a cash compliance deposit in the amount of $1,100 to be held by the Zoning Administrator until conditions have been met, at which time the deposit will be refunded in full. 11. The applicants shall be responsible for contacting the Zoning Administrator to review this special exception permit in two years from the approval date for compliance (October 2014). 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 will not be amended or added without notice to the applicant and an opportunity for a hearing. 12. Any change in ownership of the property, use of the site, facility design, or project details shall require prior notification of and approval by the Zoning Administrator and in some circumstances through the special exception approval process as stated in the Ordinance. 13. The applicants shall have two (2) years from the date of this approval of this special exception to commence the use of this site for production of grapes and wine and to substantially complete improvements to buildings and parking area. Failure to do so may result in expiration or revocation of the special exception permit. If the special exception permit expires or is revoked within this timeframe, the applicants will be required to secure a new special exception permit. Prior to expiration and/or revocation, the applicant may request extensions of up to six months from the Zoning Administrator, for a total time not to exceed one year. 14. 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. The following vote was taken to approve: Chairman Malick, yes; Peterson, yes; Nelson, yes; and Hurtgen, yes. McAllister, absent. 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. 3 Z NING BOARD OF ADJUSTMENT Signed: , IL- Clarence W. "Buck" Malick, Chairman Date Filed: October 26, 2012 4