HomeMy WebLinkAbout022-1067-10-000
CROIX CO
PLANNING & ZONING
August 23, 2012 File Ref: SE87543
Greg and Irma Zwald
1609 County Road Z
Hammond WI 54015
Re: Special exception permit for limited commercial recreational activity located
CodeAdministraa in the NE 1/4 of the NE '/4, the SE '/4 of the NE 1/4, the SW '/4 of the NE 1/4 of section
715-3864680 24, T28N, R18W, Town of Kinnickinnic
Land Information c~
Planning Dear Mr. Zwald:
715-3864674
The St. Croix County Board of Adjustment (Board) has reviewed your application for a
Real Prope Special exception permit for a commercial recreational activity located at the property
7154677 referenced above. After the hearing on August 23, 2012, the Board approved some of the
RCV, cling special exception requests with conditions and denied some of the requests. The enclosed
5-3864675 document is the formal decision regarding the application.
You must obtain any other required local, state, and federal permits and approvals. Should
you have any questions or concerns, please contact me at 715-386-4680.
Sincerely,
Ax x4j6,,-,.
Alex Blackburn
Land Use Specialist/ Zoning Administrator
Enclosure: Formal Decision
cc: Clerk, Town of Warren
Hubert Nelson, 534 Summit Avenue, St. Paul MN 55102
ST CRO/X COUNTY GOVERNMENT CENTER
1101 CARM/CHAEL ROAD. HuDsoN, W1 54016• 7153864686 FAx
PZ@CO.SAINTCR0IX. W1. US W W W. CO. SAI NT-CROIX. W I. US
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File: SE87543
Applicant: Greg and Irma Zwald
Location: Section 24, T28N, RI 8W, Town of Kinnickinnic
Hearing Notice Publication: August 6 and 13, 2012
Hearing Date: August 23, 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 for the special exception;
1. The property owners are Hubert Nelson and the agents are Gregory and Irma Zwald.
2. The site is located in the NE 1/ of the NE 1/, the SE 1/4 of the NE 1/4, and the SW 1/4 of the NE 1/4 of
section 24, T28N, RI 8W, Town of Kinnickinnic.
3. The agents filed with the Planning and Zoning Department an application for limited commercial
recreational activities which, "are found to be subordinate to the primary agricultural use of the
property, compatible with the agricultural use on that and surrounding properties and not likely to
attract other commercial related uses," as per the Zoning Ordinance.
4. The growing of fruit, berries and vegetables on site and selling them on or off site is permitted in the
Ag. Residential District. The processing onsite of fruit, berries and vegetables grown onsite is
permitted on site. With conditions to require a commercial kitchen, this request would not be contrary
to public health and safety.
5. Two craft sales per year are allowed without a permit in the Ag. Residential District. The family
oriented weekends and craft sales events are similar in nature and would fall under "craft sales."
6. The request to have a corn maze, pumpkin patch and pick your own berries operation would not violate
the spirit or general intent of Section 17.15 (6)(m) the St. Croix County Zoning Ordinance and would
be a limited commercial recreational use subordinate to the primary agricultural use. With conditions
to water down the parking area this request would not be a nuisance due to dust.
7. The Land and Water Conservation Department recommends that storm water retention ponds be
constructed for the parking lots.
8. Sales and processing of products from other farms would violate the spirit and intent of the St. Croix
County Zoning Ordinance. This type of use is more suited to commercially zoned property.
9. The small cafe would violate the spirit and intent of the St. Croix County Zoning Ordinance. This type
of use is more suited to commercially zoned property.
10. Having more than two craft sales / family oriented events per year would violate the spirit and intent of
the St. Croix County Zoning Ordinance. This type of use is more suited to commercially zoned
property.
11. The unlimited sale of processed foods on site would violate the spirit and intent of the St. Croix County
Zoning Ordinance. This type of use is more suited to a commercially zoned property.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board of Adjustment
approves some of the special exception requests and denies some of the special exception requests.
Based on the findings of fact and conclusions of law the Board grants approval of growing fruits,
berries and vegetables on site for sale on or off site. The Board grants approval of onsite processing of - - -
fruits, berries and vegetables grown onsite for sale onsite or offsite. The Board grants approval of two
craft sales / family oriented weekends per year, a corn maze, pumpkin patch, pick your own berries
operation and "we pick" berries operation.
Based on the findings of fact and conclusions of law, the Board denies the sale of fruits vegetables or
meat products from other farms, the caf6, and the craft sales / family oriented weekends beyond the two
that are allowed without a permit.
The following conditions pertain to the activities and uses that are approved.
1. This special exception permit is for Greg Zwald to have a limited commercial recreational activity in
the Town of Kinnickinnic. This permit includes the growing of fruits, berries and vegetables on site
and selling them on or off site, a corn maze, pumpkin patch, and a pick your own or "eve pick" berries
operation. This permit includes the processing of fruits, berries and vegetables grown onsite for sale
on or off site. The processing shall be limited to freezing, canning and baking pies. There will be total
of (2) three day events per year.
2. Prior to selling any processed food on this site a commercial kitchen must be installed and approved by
the appropriate agencies.
3. The parking area shall be watered down as needed to prevent dust.
4. Prior to any activity on this site, plans for storm water ponds for the parking lots shall be submitted to
the LWCD for review and approval. Ponds shall then be constructed before any operations begin.
During construction, the smallest amount of bare ground shall be exposed for as short a time as
possible, and temporary ground cover, such as mulch, shall be used.
5. Prior to any activity on this site the applicant shall be responsible for securing all necessary local, state,
and federal permits and approvals.
6. 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.
7. All lights on the site must be downward directed and shielded away from neighboring properties to
prevent glare.
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S. The buffer strip of trees on the southwest corner of the property shall be maintained at 80% opacity to
provide screening for the properties to the west.
9. 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.
10. Any signage shall not encourage people to use Oak Drive west of the applicants property.
11. 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 all storm
water management measures have been completed, as builts submitted and the commercial kitchen
installed, at which time the deposit will be refunded in full.
12. 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.
13. 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.
14. The applicants shall have one (1) year from the date of this approval to start the project and two (2)
years from the date of this approval to substantially complete the project. 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.
15. Accepting this decision means that the applicants and all property owners have read, understand, and
agree to all conditions of this decision.
The following vote was taken to approve: Hurtgen, yes; Chairperson Malick, yes: Peterson, absent; Nelson,
yes: McCallister, yes. All vote yes, motion tames.
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
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submit its record (file) of this matter to the circuit court.
NING BOARD OF N TMENT
Signed:
Clarence W. Malick, Chairperson
Date Filed: 08/23/12
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