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Home My WebLink About030-1035-95-000 (2) • CROIX -,A A#' PLANNING ZONING January 26, 2012 File Ref: SE87398 Chris Krumm 1097 County Road A Hudson, W154016 Re: St. Croix County Special Exception Request Code Administration Parcel #030-1035-95-000, Town of St. Joseph 715-3864680 Dear Chris: Land Information & Planning The St. Croix County Board of Adjustment (Board) has reviewed your request for the following item: 715-386-4674 Special exception request for an exhibit design and development business in the Commercial Real Properti, Zoning District, Town of St. Joseph, pursuant to Section 17.18(9)(v) of the St. Croix County 715-386-4677 Zoning Ordinance. Recycling After the hearing on January 26, 2012 the Board approved the special request with conditions. The ' 715-386-4675 enclosed document is the formal decision regarding your special exception request. 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, Alex Blackburn Zoning Specialist/ Zoning Administrator Enclosure: Formal Decision cc: Clerk, Town of St. Joseph Jeff Durkee, St. Croix County Highway Department ST. CRO/X COUNTY GOVERNMENT CENTER 110 1 CARM/CHAEL ROAD, HUDSON, W/ 54016 715386,4686 FAx PZPCO.SAINT-CROIX.W1.US WWW.CO.SAINTCROIX.WI.US 0 FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File Number: SE87398 Applicants: Redeemer Lutheran Agent: Chris Krumm Parcel Number: 10.29.19.1201 Complete Application Received: December 5, 2011 Hearing Notice Publication: January 9 and January 16 Hearing Dates: January 26, 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 the special exception request: 1. The applicant is Redeemer Lutheran Church, with their agent, Chris Krumm. 2. The site is located at 1097 County Highway A in the NW 1/4 of the NE 1/4 of Section 10, T29N, R19W, Town of St. Joseph, St. Croix County, Wisconsin. 3. The applicant filed with the Planning and Zoning Department an application for a special exception permit to operate an exhibit design and development business in the Commercial District pursuant to Section 17.18(9)v of the St. Croix County Zoning Ordinance. 4. The proposed change in use will not violate the spirit and intent of the St. Croix County Zoning Ordinance since a professional office is permitted by special exception in the Commercial Zoning district. 5. With conditions to bring the sanitary system into compliance, this request would not be detrimental to the environment or the health and safety or general welfare. A soil boring can de done to determine if the existing system is code compliant, if not a new sanitary system will need to be installed. 6. With conditions to provide parallel parking spaces and signs, this request would have adequate parking and would not be detrimental to public health and safety or general welfare. 7. The requirements of Subchapter V, Off Street Parking, will not be met. 8. With conditions for shielding light sources so as not to produce glare onto adjacent properties this request would not constitute a nuisance or be detrimental to property values by shining light into the neighboring residences at night. There will be minimal noise and dust. There will be no smoke, odor, or other similar factors. 9. With conditions to limit hours of operation, this request would not be detrimental to property values. 10. The Town of St. Joseph recommends approval. 11. The St. Croix County Highway Department recommends 7-10 off street parking spaces. However, they leave the final decision up to the Board of Adjustment. Zoning staff is recommending a maximum of 2 employees and 3 parking spaces. This will provide safe parking for the proposed business and at the same time will reduce the filling and grading required. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board has approved the special exception with the following conditions: 1. This special exception permit allows the applicant to operate an exhibit design and development business in the Commercial District. 2. Prior to commencing construction, the applicant shall be responsible for securing all other necessary local, state, and federal permits and approvals. 3. The sanitary system shall be verified as to meet code requirements or shall be brought into compliance by June 30`h 2012. 4. Paint six parallel parking spaces and place a sign not to exceed two square feet that says, "parallel parking only" by June 30 2012. 5. Any lighting associated with the business must be downward directed and shielded away from neighboring properties to prevent glare and shall have prior approval by the Zoning Administrator. Only lights on the building or building overhangs at a level not to exceed the height of the lowest eaves may be left on overnight for security purposes. 6. There shall be a maximum of two employees in addition to Chris Krumm for a total of three persons. 7. General hours of operation will be 9AM to 5 PM Monday through Friday, with some occasional late nights or weekends. 8. A compliance deposit of $500.00 shall be submitted to the Zoning office prior to any construction activities. 9. Failure to comply with this timeframe for the sanitary system shall result in expiration and/or revocation of the special exception permit. If the special exception permit expires within this timeframe, the applicant will be required to secure a new special exception permit. 10. 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. 11. These conditions may be amended or additional conditions may be added to address complaints or unanticipated circumstances that would affect the health, safety, or general welfare of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and opportunity for a hearing. 12. Any change in ownership or management shall require prior notification to the Zoning Administrator. Any change in the use of the property; change in the building or facilities; or changes to the approved project details - including but not limited to structures, landscaping, signs, lights, parking, or lot/access changes - shall require prior review and approval by the Zoning Administrator to ensure that all Ordinance requirements are met. The Zoning Administrator may determine that special exception approval is necessary. 13. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. 0 • The following vote was taken to approve: Chairman Malick, yes; Peterson, yes; and Hurtgen, yes; Nelson, yes Motion carried. (Board member McAllister was absent) 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(l 0), 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. ZONING BOARD OF ADJUSTMENT Signed: Date Filed: 1/26/2012 Clarence W. "Buck" Malick, Chairperson I } c Alex Blackburn From: Alex Blackburn Sent: Monday,July 07, 2014 3:16 PM To: Chris Krumm -TropoStudio (tropostudio @comcast.net) Subject: FW: Right of way Attachments: cth a csm.pdf, pdf of Krumm setback.pdf Chris, The attached CSM shows the right of way of County Road A. The county structure setback is 50 feet from the Right of Way,the Town may have increased setbacks on top of that. The 50 foot setback is plotted on the PDF labeled "pdf of Krumm setback". Any additions to the structure would have to be behind the setback line so the deck addition won't work without a variance. You can apply for a variance, but if you remember we discussed the variance criteria and I don't think this would get approved. I scaled off the CSM and it looks like you have about 25 feet in front of the building that is your lot and not part of the right of way. The pavers could be installed there. As always, check with the building inspector for the Town of St.Joseph to see if a building permit is required. Feel free to call or e-mail with any additional questions. Alex Blackburn St. Croix County Land Use and Conservation Specialist 715-386-4684 From: Brian Halling Sent: Thursday, July 03, 2014 2:04 PM To: Alex Blackburn Subject: RE: Right of way Alex, This CSM depicts the right of way better than any other records we have. Brian From:Alex Blackburn [mailto:Alex.Blackburn @co.saint-croix.wi.us] Sent:Thursday,July 03, 2014 11:49 AM To: Brian Halling Subject: Right of way Brian, What is the Right of Way width of County Road A at"1097 County Road A"? 1 Thanks, Feel free to call or e-mail with any additional questions. Alex Blackburn St. Croix County Land Use and Conservation Specialist 715-386-4684 I z 7 +� . �ll��I I��i Il�Il 19 3 Tx:4035064 949474 BETH PABST REGISTER OF DEEDS CERTIFIED SURVEY MAP ST. CROIX CO., WI RECEIVED FOR RECORD LOCATED IN PART OF THE NW 1/4 OF THE NE 1/4 OF SECTION 10, T29N, R19W, 01/24/2012 2:30 PM TOWN OF ST. JOSEPH, ST. CROIX COUNTY, WISCONSIN; BEING THAT PARCEL OF EXEMPT #: LAND DESCRIBED ON THAT DEED RECORDED IN VOLUME 105, PAGE 106, AS REC FEE: 30.00 DOCUMENT NO. 95874, ST. CROIX COUNTY REGISTER OF DEEDS. COPY FEE: 3.00 SCALE: 1". 50, PAGES: 2 50 25 0 50 RECORDED AS 80 RODS + 553' NI/4 CORNER (1873')WEST OF SECTION CORNER SECTION 10 li MASURE"77,92—-"--—- �)A, S89'43'15"W 2639.59' -—- - -—- ..... . NO-PTO S89*43'15'W 775-1.447/* -1 S89-43'15"W 1888.10 IGARAGEI L NE'CORNER Q 6 1?ZA? SECTION 10 20 # HOUSE 2 M M .0 '0 2-01 Xel Z 7,1 17- Z M 0 0 CHU 0 6;0 CY BUI ING >Z C>0 A LOT 1 0M MZ -,I(g) 10,000 SQ. FT. SEPTIC C": -U VENTS PREPARED FOR: 100 (2) 'Z' NORTH m z-n 9, OV REDEEMER LUTHERAN CHURCH -q V) 0 -4-) :r M 1097 COUNTY ROAD A Min I HUDSON, W1 54016 u):j 0, 0 Z WELL III C" 1H BUILDING SHAR WITH SURVEYOR: yl �'.JOINING PROPE DOUG ZAHLER A? S 6 N LAND SURVEYING A, �'!P4 8 2920 ENLOE STREET SUITE 101 HUDSON, W1 54016 OF wlsn C'2 DOUGLAS J. ZAHLER 1 S-214 S PENCE CORNER LEGEND FOUND ALUMINUM COUNTY SECTION CORNER MONUMENT FOUND 2-3/8" OUTSIDE DIAMETER IRON PIPE FOUND 1-1/4'OUTSIDE DIAMETER IRON PIPE FOUND I' OUTSIDE DIAMETER IRON PIPE NOTE: SET I" OUTSIDE DIAMETER BY 18' This survey was performed to monument the corners of that property 0 LONG IRON PIPE, WEIGHING 1.13 described on the deed recorded in Volume 105, page 106, Document LBS. PER LINEAR FOOT No, 95874, St. Croix County Register of Deeds,This Certified Survey PREVIOUSLY RECORDED Map is being recorded to memorialize said monuments and to ) DIMENSION reference the property to the accepted section line of record. —X— FENCE THIS INSTRUMENT WAS DRAFTED BY: DOUG ZAHLER JOB NO. 6814-004 DATE: 1/12/2012 SHEET 1 OF 2 1 of 2 Vol 25 Page 5829 ............................... .................................................. ....................... -............., ---- . ............................................. ................. .. . ................... CERTIFIED SURVEY MAP LOCATED IN PART OF THE NW 1/4 OF THE NE 1/4 OF SECTION 10, T29N, R19W, TOWN OF ST. JOSEPH, ST. CROIX COUNTY, WISCONSIN; BEING THAT PARCEL OF LAND DESCRIBED ON THAT DEED RECORDED IN VOLUME 105, PAGE 106, AS DOCUMENT NO. 95874, ST. CROIX COUNTY REGISTER OF DEEDS. SURVEYOR'S CERTIFICATE: 1,Douglas J.Zahler,Registered Wisconsin Land Surveyor,hereby certify that by the direction of Redeemer Lutheran Church,I have surveyed and mapped a part of the NW 1/4 of the NE 1/4 of Section 10,729N,RI 9W,Town of St. Joseph,St.Croix County,Wisconsin,being that property described on that deed recorded in Volume 105,page 106,St. Croix County Register of Deeds,described as follows: Commencing at the northeast corner of said Section 10;thence,along the north line of the NEI/4 of said Section 10, S89'43'1 5"W a distance of 1888.10 feet;thence,along the easterly Right-Of-Way of County Trunk Highway"A", S25*43'1 5"W a distance of 14.32 feet to the point of beginning;thence,continuing along said line S25*40'43"W a distance of 100.00 feet;thence S64'I 9'l 7"E a distance of 100.00 feet;thence N25*40'43"E a distance of 100.00 feet; thence N64°19'1 7"W a distance of 100.00 feet to the point of beginning.Containing 10,000 square feet.Subject to all easements,restrictions and covenants of record. I also certify that this Certified Survey Map is a correct representation to scale of the exterior boundary surveyed and described;that I have fully complied with the provisions of Chapter 236.34 of the Wisconsin statutes and the land subdivision ordinance of St.Croix County and the Town of St.Joseph in surveying and mapping same. 01F Wisr, Douglas J. filer,PL§,2,445 Date S&N Land Surveying Co/'DOUG % J. 2920 Enloe St.Ste. 101 R Hudson,WI 54016 S-21451 715-386-2007 t HUDSON, SURVEYOR'S REPORT I had previously performed a survey to deten-nine the south line of that parcel of land described on the deed recorded in Volume 148,page 433,St.Croix County Register of Deeds.In the proximity of said south..line stands a fence line.I measured northeasterly,from said fence,a distance of 332.17 feet,which is the recorded width of the parcels of land described on the deeds recorded in Volume 105,page 106(the subject parcel),Volume 220,page 338,and said Volume 148,page 433,and found a 1-1/4"iron pipe approximately 330.5 fact more or less from said fence.The found iron pipe also fit well with occupational evidence and improvements suggesting that it was on the easterly right-of-way of County Road'"A".The subject deed commences at the northeast comer of section 10 and then goes"west eighty rods to a fence. on the west side of road leading from Burkhards Mill to R.R.".This is now known as Scott Road and the fence no longer exists.The deed then goes"west live hundred fifty three (553) feet,thence South twenty four degrees and fifty minutes West thirty three and 1/6 (33 1/6) feet to a stake".Measuring from said iron pipe,northeasterly along the highway right-of-way,a distance of 33-1/6 feet(33,17'),gives you a distance of 1879.92 feet from the northeast comer of Section 10 versus a recorded distance of 1873 feet.This difference of T:I:is considered a reasonable margin of error in measurement at the time the above mentioned deeds were created.Based upon the evidence noted above I determined that said iron pipe was the northwesterly comer of the subject property. J.Hj�INSTRUMENT WAS DRAFTED BY: DOUG ZAHLER JOB NO. 6814-004 DATE: 1/12/2012 SHEET 2 OF 2 Vol 25 Page 5829