HomeMy WebLinkAbout038-1100-20-000 (2)
CROIX CO
UN y
PLANNING ZONING
September 28, 2012 File Ref: SE87564
Pat Kaveney
1673 S. Long Lake Drive
Centuria, WI 5824
Code Administration
715-386-4680 Re: Special exception in the Commercial District
Land Information a Parcel #038-1100-20-000, Town of Star Prairie
Planning
715-386-4674
Dear Mr. Kaveney:
Real Property
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 deli & sandwich shop (restaurant) business in the
Commercial District pursuant to Section 17.18(9)(y) of the St. Croix County
Zoning Ordinance
After the hearing on September 27, 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.
Sine ely,
Pamela Quinn
Zoning Specialist/Zoning Administrator
Enclosures: Formal Decision
cc: Clerk, Town of Star Prairie
Jeff Abboud, Wisconsin DOT
John Wall, agent
ST. CRO/X COUNTY GOVERNMENT CENTER
1 101 CARMICHAEL ROAD, HUDSON W/ 54016 715386,4686 FAX
PZ000.SAINTC'RO1X.W1. WWW.CO.SAINTCROIX.WI.US
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File: SE87564
Applicant: Pat Kaveney, property owner
Agent: John Wall, business owner
Parcel ID 24.31.18.420B
Complete Application Received: July 31, 2012
Hearing Notice Publication: Weeks of September 10 and 17, 2012
Hearing Date: September 27, 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 Patrick Kaveney, property owner, represented by agent, John Wall.
2. The site is located at 2000 Hwy 65N in the SE 1/4 of the SE 1/4 of Section 24, T3 IN, RI 8W, Town of Star
Prairie.
3. The applicant filed with the Board of Adjustment an application for a special exception to operate a deli
& sandwich shop (restaurant) business that will be housed in an existing building in the Commercial
District pursuant to Section 17.18(9)(y) 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 restaurant (deli/sandwich shop) is a reasonable and appropriate use in the Commercial District,
which the property is currently zoned. The site has previously been used for business activities and the
change in use appears to be compatible with existing adjoining uses in the area.
5. The use of the property for a restaurant (deli/sandwich shop) meets several goals and objectives of the
St. Croix County Development Management Plan including 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 proposes hours of operation from 5:00 a.m. to 7:00 p.m. Monday through Friday, 7:00
a.m. to 6:00 p.m. on Saturday, and closed on Sundays. The applicant estimated traffic to/from the
restaurant at -50 cars per day. The floor plan indicated three tables with seating for 12 patrons. Section
17.57 (9) requires at least one parking space for each 50 ft. of floor space devoted to the use of patrons.
Estimated space is -400 sq. ft., which requires 8 parking spaces (seven plus one handicap space) per
Section 17.57. With conditions for providing adequate paved parking for employees and patrons and
for limiting noise and hours of activity on the site, this request would not constitute a nuisance by reason
of noise, dust, smoke, odor, or other similar factors.
7. There is existing lighting for safety and security, which includes a typical rural outdoor security light on
an electric pole outside the building. The existing POWTS will have to be upgraded to accommodate
the anticipated wastewater flows from a food service business with two (2) full-time employees and
(seating for 12) patrons of the restaurant. With conditions for shielding any future light sources to
prevent glare onto adjacent properties, for obtaining a sanitary permit to modify and install a state-
approved POWTS, 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.
8. Existing screening consists of trees and shrubs along the west and north property lines as well as the
existing residence, which reduces noise and visibility of business traffic for adjacent properties. It
appears that this request would not constitute a nuisance by reason of noise, dust, smoke, odor, or other
similar factors. The site is surrounded by a mixture of residential, commercial, and agricultural uses and
does not have a record of complaints from adjacent land owners.
9. The applicant's business must provide off-street paved parking pursuant to Section 17.57 (5) and driveway
access pursuant to Section 17.60 of the St. Croix County Zoning Ordinance. In Section 17.18 Commercial
district standards includes a requirement to have all walks, driveways, parking lots and loading areas paved.
If the driveway access from Hwy 65 is removed, customers will have to enter/exit the property via the
driveway on 200th Avenue, which is a gravel road. The existing paved parking area currently will provide
seven (7) standard parking stalls and one handicap stall to accommodate the -400 sq. ft. that will be used
by the business and the proposed number of patrons. With conditions for the driveway to meet standards in
17.60.7.d.1)-13) and requirements in 17.18(2)j., the request will not present a safety or traffic hazard for
patrons to the business.
10. The Town of Star Prairie Town Board in their August 7 h meeting minutes passed a motion for John Wall to
proceed with the development of the Off the Wall Deli business.
11. Jeff Abboud, WisDOT reviewed the application and submitted a request that the following condition be
made part of the Board's decision: The removal of the existing commercial access approach to STH 65,
along with the restoration of the highway right-of-way, including removal of the culvert pipe, re-
establishment of the ditch line, placement of top soil, and seeding of said driveway approach. The removal
of the approach and restoration of the right-of-way shall be completed prior to the opening of the new
permitted use. The applicant shall complete and submit a Work-on Right-of-Way Permit from Wisconsin
Department of Transportation. All work shall be completed to the Department's satisfaction.
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 to operate a restaurant (deli/sandwich shop) business
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.
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2. The applicant shall be responsible for complying with any other local, state, or federal permit
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requirements, licenses and approvals, including but not limited to a sanitary permit for POWTS i/ C(D'
improvements required for a food service business and a permit from Wisconsin DOT.
Prior to opening the deli/sandwich shop, the applicant shall submit to and have approved by the Zoning
Administrator a stormwater management plan that meets requirements in Wisconsin Administrative Code
NR 151.
4. The applicant shall maintain the driveway access from 200`" Ave. in compliance with Section 17.60.7.d.1)
-13) and pave it in compliance with standards in Section 17.18(2) a.- in. that apply to all commercial uses
permitted with a special exception permit. Commercial district standards include a requirement to have all
walks, driveways, parking lots and loading areas paved. i
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5. Normal hours of operation shall be from 5:00 a.m. to 7:00 p.m. Monday through Friday, 7:00 a.m. to
6:00 p.m. on Saturday, and closed on Sundays.
6. The applicant shall maintain the existing vegetative screening for residences on the west and north side of
the property.
7. The applicant will maintain adequate off-street parking in compliance with Section 17.57(5).
8. 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.
9. The applicant shall be responsible for continuing to keep the property in a neat and orderly manner.
10. All new lighting associated with the business shall be downward directed and shielded away from
neighboring properties and Hwy 65 traffic lanes to prevent glare. Only the existing overhead outdoor light
may be left on overnight for security purposes.
11. No new signs are approved as part of this permit. An existing sign formerly used for the Praxair
business will have the wording changed to advertise the new deli shop. Any new signage for the
business will require a land use permit and must comply with standards in the St. Croix County Sign
Ordinance Section 17.65.
The applicant shall be responsible for contacting the Zoning Administrator to review this special
1~ ? 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.
13. Any minor change or addition to the approved use as a deli/sandwich shop, 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 or addition to
the originally approved plan will have to go through the special exception approval process.
14. Accepting this decision means that the applicant and their agent, John Wall, have read, understands, and
agrees to all conditions of this decision and gives permission for unannounced compliance inspections
during business hours.
The following vote was taken to approve: Chairman Malick, yes; Peterson, yes; Nelson, 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.
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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,YNING BOARD OF JUS MENT
Signed: I 9k(&&L
Clarence W. Buck" Malick, Chairman
Date Filed: September 28, 2012
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'tj%scavs,N Division of Transportation Systems Development Scott Walker, Governor
* Northwest Region Mark Gottlieb, P.E., Secretary
T Internet: www.dotmisconsin.aov
718 W. Clairemont Ave. 1701 N. 4' St.
;6~ Eau Claire, WI 54701 Superior, WI 54880
OF Eau Claire: (715) 836-2891 FAX: (715) 836-2807
Superior: (715) 392-7925 FAX: (715) 392-7863
October 16, 2012
PAT VENEY Q 8 2011
CENTURI N<GK
2D4R pH;NC&
8
SUBJECT: Commercial Access
2010 HWY 65 - New Richmond
Town of Star Prairie
STH 65
St. Croix County
Mr. Kaveney;
Department of Transportation staff has further discussed and considered your request to leave the existing
commercial access to STH 65 from your property located at 2010 HWY 65 in the town of Star Prairie.
The Department will not reverse the decision to revoke the commercial Authorization for Access to STH 65
from your property. This decision was made in the interest of safety to the traveling public; the existing
commercial access is within the right turn lane of southbound STH 65 to 200th Avenue and presents a safety
issue. Additionally, the existing commercial access is located approximately 150 feet north of the STH 65 and
200th Avenue intersection. The Department driveway spacing standards, which based upon existing traffic
volume, would be 1,000 feet from an existing intersection and driveway on the same side of the highway. The
St. Croix County driveway spacing standard is 500 feet from an existing intersection or driveway.
The Department realizes there are potentially some logistical issues with internal circulation of delivery trucks
to the business however, through mitigation efforts internal to the property the turning movements of the
trucks could be accomplished within the property itself.
A new Authorization for Access will be issued and recorded against the property. The Authorization will
supersede the existing Authorization and will allow the existing single family residential access only. This
access is also within the driveway spacing standards but has minimal traffic volumes, should there be future
change of use other than residential or if the residence would be carved out as its own lot, access would be
required to be via 200th Avenue.
Sincerely, L
Jeff Abboud
Urban & Region Planner
NW Region - Eau Claire
cc: Town of Star Prairie ✓
St. Croix County Zoning