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HomeMy WebLinkAboutBOA-05-2004 ST. IX COUNTY WISCONSIN ZONING OFFICE ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road w Hudson, WI 54016-7710 (715) 386-4680 r Fax (715) 386-4686 April 26, 2004 File Ref: 05-04 The Kraemer Co., LLC Attn: Bem-ly Stenner PO Box 235 Plain, WI 53577 Re: Board of Adjustment Decision Dear Applicant: The St. Croix County Board of Adjustment has reviewed your request for a special exception permit for a temporary redi-mix plant on the Lowell and Virginia Rivard property and has approved this application with conditions. The enclosed document is the formal decision regarding your application. 1~ Should you have any questions or concerns, please do not hesitate in contacting me. Sincerely, ~ W ~4 v Rod Eslmger Interim Zoning Director dz Enclosure cc: .Teri Koester, Clerk, Town of Somerset, w/enclosure Steve Olson, LWCD, w/enclosure Lowell and Virginia Rivard Family Trust, w/enclosure 0 FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 05-04 Applicant: Lowell & Virginia Rivard Family Trust, owner/ The Kraemer Co.,LLC, Agent Complete Application Received: February 13, 2004 Hearing Notice Publication: Weeks of March 8 and 15, 2004 Hearing Date: March 25, 2004 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and reviewed the site, the Board finds the following facts: 1. The applicant is The Kraemer Co., LLC and the owner of the property is the Lowell and Virginia Rivard Family Trust. 2. The site is located off of Anderson Scout Camp Road in the SE '/a of the NE '/a, of Section 12, T30N-R20W, Town of Somerset, St. Croix County, Wisconsin. 3. The applicant filed with the Zoning Office an application for a special exception request to locate a temporary redi-mix plant on the Rivard Property to supply the concrete for the STH 64 highway project. 4. The Board of Adjustment finds that the requirements have been met to grant the special exception pursuant to Section 17.15(6)(v) of the St. Croix County Zoning Ordinance. 5. The Town of Somerset has recommended approval of the request. 6. The Board believes that the issues raised by the National Park Service have been addressed. The ready-mix plant is temporary in nature. 7. The Department of Natural Resources has no objection to the request. 8. The Board finds that by granting this request, it will serve a public need, as the plant will be primarily used for road projects in St. Croix County. 9. The plant is being located in an existing, operating quarry that has historically been very well run. By locating the operation in this quarry, it will minimize truck traffic in the area. 10. The Board finds that the request is not contrary to the public interest. 11. The Board finds that the spirit and intent of the ordinance would be met by granting this request. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's request for a special exception pen-nit to locate a temporary concrete (redi-mix) plant in the Ag/Residential District, with the following conditions: 1. This approval allows the Kraemer Company to locate a temporary ready-mix plant and related equipment and aggregate resources on the Rivard property for up to one year from 2 the date of the decision (April 2005). This approval allows the Kraemer Company to sell ready-mix concrete aggregates to Hoffman Construction Company to be utilized in the construction STH 64. 2. All petroleum products kept onsite and related to the ready mix plant operations shall be stored in State approved fuel storage containers. 3. Absorbent pads, design to accept petroleum products, must be located at the refueling site. 4. The applicant shall provide the Zoning Office with the name and phone number of the person responsible for installing and maintaining the erosion control plan. 5. The applicant is responsible for the dust abatement. 6. The plant operations shall be conducted during the daylight hours. 7. The property shall be kept in a neat and orderly manner. 8. This approval does not include storage of hazardous materials onsite. 9. Any change (or addition) in use, or expansion of the project, including building, signage, shall require review and approval by the zoning administrator and in some circumstances through the Special Exception approval process, where applicable, as stated in the ordinance. 10. The applicant shall have one (1) year from the issuance of the special exception permit to commence the business. Failure to do so shall result in revocation of the special exception permit` If the special exception permit expires before business commences, the applicant will be required to secure a new special exception permit before starting or completing the project. 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. By accepting this approval the owner(s) are ultimately responsible for compliance with the conditions of this approval. The following vote was taken to approve: Marzolf; no; Golz, yes; Peterson, yes; Chairperson Speer, yes. 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(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, which is available 3 J from Northwestern Court Reporters, Hudson, Wisconsin. 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 c Signe)JChai er n Date Filed: 04/26/04 Attest:- Ad Interim Zo ng Director 4 I