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Home My WebLink About028-1007-90-000 (2) CRO COUN?y 0 PLANNING ZONING December 22, 2011 File Ref: SE87372 Rasland LLC dba Fireworks Direct c/o Cele Rasmussen w P.O. Box 154 F Baldwin, WI 54002 Code Administration Re: Special exception in the Commercial District 715-386-4680 Parcel #028-1007-90-000, site: 565 Cty. Rd. T, Town of Rush River Land Information &-3 Planning "I 715-386-4674 'yT Dear Mr. Rasmussen: Real Prop soy ' The St. Croix County Board of Adjustment (Board) has reviewed your request for the 715-38!1=4677 following item: }~J Recycling Special exception to operate a retail consumer fireworks business in the 715-386-4675 Commercial District pursuant to Section 17.18(9)(z) of the St. Croix County _ Zoning Ordinance After the hearing on December 22, 2011, the Board approved the request with conditions. The enclosed document is the formal decision regarding the application. ,I +,a You must obtain any other required local, state, and federal permits and approvals. Feel free to contact me with any questions or concerns. Sincerely, ~f _ 4 y 6A- P14141 Parnela Quinn Zoning Specialist/Zoning Administrator Enclosures: Formal Decision r cc: Clerk, Town of Rush River Jeff Durkee, Engr., St. Croix Co. Hwy Dept. d 57: CRO/X COUNTY GOVERNMENT CENTER 110 1 CARM/CHAEL ROAD, HUDSON, WI 54016 7153864686 FAX PZCPCO.SA/NTCRO/X. WI. US W W W.CO.SAI NT-CROIX. W I. VS FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE87372 Applicant: Rasland LLC, property owner Parcel ID 03.28.17.39B Complete Application Received: October 26, 2011 Hearing Notice Publication: Weeks of December 5 and 12, 2011 Hearing Date: December 22, 2011 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 Rasland LLC, property owner, represented by agent, Cele Rasmussen. 2. The site is located at 565 Cty. Rd. T in the SW '/4 of the NW 1/4 of Section 3, T28N, R17W, Town of Rush River. 3. The applicant filed with the Board of Adjustment an application for a special exception to operate a retail consumer fireworks business that is housed in 6,000 sq. ft. building in the Commercial District pursuant to Section 17.18(9)(z) 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 retail fireworks business 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 appears to be compatible with existing adjoining uses in the area. The site is located near the I-94 interchange, which is easily accessible to customers in both Wisconsin and Minnesota. 5. The use of the property for fireworks retail sales meet 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's building has existing lighting for safety and security. The existing POWTS can accommodate the anticipated wastewater flows from a business with ten (10) part-time seasonal employees. With conditions for shielding any future light sources to prevent glare onto adjacent properties and for limiting noise and hours of activity on the site, 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. 7. Existing screening with appropriate trees and/or shrubs, as well as fencing along perimeter, reduces noise and visibility of retail traffic for adjacent properties. This request would not constitute a nuisance by reason of noise, dust, smoke, odor, or other similar factors. The site is surrounded by predominantly agricultural uses and does not have a record of complaints from adjacent land owners. 8. The applicant's business provides adequate off-street paved parking pursuant to Section 17.57 (5) and has a permitted driveway access pursuant to Section 17.60 of the St. Croix County Zoning Ordinance. 9. The Town of Rush River Town Board Chairman recommended approval. 10. Jeff Durkee, SCC Highway Engineer, reviewed the application and inspected the site and commented in his letter that he has no concern about the county highway access. 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 continue operating a retail fireworks 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. 2. The applicant shall be responsible for complying with any other local, state, or federal permit requirements, licenses and approvals. Applicant shall post a sign that purchases shall not be discharged on the premises. Applicant will provide a copy of their standard permit that advises customers that they are not allowed to discharge fireworks on the business premises. 3. Normal hours of operation shall be limited 9:00 a.m. to 9:00 p.m. seasonally 7 days/week. 4. The applicant shall maintain the existing vegetative screening and fencing. 5. The applicant will continue to maintain adequate off-street parking in compliance with Section 17.57(5). 6. 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. 7. The applicant shall be responsible for continuing to keep the property in a neat and orderly manner. 8. All lighting associated with the business shall be downward directed and shielded away from neighboring properties and I-94 traffic lanes to prevent glare. 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. 9. No new signs are approved as part of this permit. 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. 10. The applicant shall be responsible for contacting the Zoning Administrator to review this special 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. 11. Any minor change or addition to the fireworks retail sales operations, 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. 12. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. 2 9 9 The following vote was taken to approve: Hurtgen, yes; Chairperson Malick, yes; Peterson, yes; Nelson, yes, McAllister, 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. 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 "G BOARD OF ADJ STME~TT Signed: arence . "Buck" Malick, Chairman Date Filed: 12/22/11 3