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HomeMy WebLinkAbout008-1028-50-000 (2) CF,01X -3 PLANNING a ZONING December 22, 2011 File Ref: SE87381 Keith Tollefson 451 County Road BB Woodville WI 54028 Re: St. Croix County special exception permit for a contractor's storage yard, located in section 10, T28N, R19W, Town of Eau Galle. Code Administration 715-386-4680 Dear Mr. Tollefson: Land Information & The St. Croix County Board of Adjustment (Board) has reviewed your application for a special Planning exception permit for a contractor's storage yard at the property referenced above. After the 715-386-4674 hearing on December 22, 2011, the Board approved the special exception request with conditions. The enclosed document is the formal decision regarding the application. Real Propert)- 715-380-4677 You must obtain any other required local, state, and federal permits and approvals. Should you Recycling have any questions or concerns, please contact me at 715-386-4680. 715-386-4675 Sincerely, Alex Blackburn Land Use Specialist/ Zoning Administrator Enclosure: Formal Decision cc: Clerk, Town of Eau Galle Mark Thorsen, PO Box 66, Roberts WI 54023 ST. CROIX COUNTY GOVERNMENT CENTER 1101 CARMIcHAEL ROAD, HUDSON, W1 54016 715386.4686 Fax PZPCO. SAINTCRO/X. W1. US W W W.CO. SAI NTC ROIX. W I.US FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE873 81 Applicant: Keith Tollefson Location: Section 10, T28N, R16W, Town of Eau Galle Complete Application Received: November 7, 2011 Hearing Notice Publication: Weeks of December 5, and December 12, 2011 Hearing Date: December 22, 2011 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 applicant is Mark Thorsen of Midwest Star Group LLC agent for property owner Keith Tollefson. 2. The site is located in the NE'/4 of the SW '/4, Section 10, T28N-R16W, Town of Eau Galle. 3. The applicant filed an application with the Board of Adjustment for a special exception permit to operate a contractor's storage yard / towing business pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance. 4. This request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that contractor's storage yards are allowed in the Ag Residential district. 5. The vegetation on the north, east and south sides provides adequate screening on 3 sides of the operation. The west side of the operation has some trees along the approximate 1300 foot driveway that provides screening to County Highway BB. Therefore this request would not be detrimental to property values in the area. 6. The 36 foot by 40 foot building where the tow trucks will be stored has a concrete floor with no floor drains and no wastewater generated. The parking lot adjacent to the building is paved. These impermeable surfaces will prevent any automotive fluid leaks from entering the groundwater. Therefore this request will not affect public health, safety and welfare of the neighborhood 7. With conditions to maintain the property in a neat and orderly manner, this request will not substantially affect property values. 8. Given the distance to County Road BB and adjoining houses, the operation of a tow truck for 24 hours per day 7 days per week will generate minimal noise. Therefore this request will not be a nuisance by reason of noise. 9. With conditions on the hours of operation for vehicle owners to stop by and pick up their cars, directing any lighting toward the ground and the fact that no manufacturing, retail services or other services will take place on this site, this request does not constitute a nuisance by reason of noise. There will be no dust, smoke or odors from this operation. 10. The Town of Eau Galle has recommended conditional approval of this application. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board of Adjustment approves the special exception request, with the following conditions: 1. This special exception permit allows the applicant to operate a contractors' storage yard / towing business with three medium duty tow trucks in a 36 foot by 40 foot building. Approval for this special exception permit does not include any additional structures, services, operations, vehicles or employees not indicated in the plans. 2. The applicant shall obtain any other required local, state, or federal permits and approvals. 3. The applicant shall maintain the trees and vegetation that provide screening of the business. 4. The applicant shall be responsible for keeping the property in a neat and orderly manner. 5. Hours of operation shall be 24 hours per day, seven days a week for towing and 8:00 am to 5:00 pm Monday through Sunday for customers to pick up their vehicles. 6. All lighting associated with the business shall be illuminated downward and shielded away from neighboring properties to minimize glare. 7. No manufacturing, retail services or other services shall take place on this site. 8. On site storage of any towed vehicles shall be temporary, not to exceed 72 hours, and stored inside the 36 foot by 40 foot shed. 9. Any minor change or addition to the project, including but not limited to design of the project, shall require review and approval by the Planning and Zoning Department prior to making the change or addition. Any major change or addition to the originally approved plan, including, but not limited to the addition of another business will have to go through the special exception approval process. 10. 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. 11. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. 2 ~ III r I The following vote was taken to approve: Hurtgen, yes; McAllister, yes; Chairperson Malick, yes; Peterson, yes; Nelson, Yes. Motion carried unanimously. 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. ZO ING BOARD OF ADJUSTMENT a~ ~wQ Signed: r Clarence W. Malick, Chairperson Date Filed: 12/22/11 I 3 I~~