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HomeMy WebLinkAbout032-2035-10-000 CROIX COUNIfy A# PLANNING ZONING January 26, 2012 File Ref: SE87350 Megan Duley 1627 50'' Street Somerset WI 54025 Re: Reconsideration of a special exception permit for a contractor's storage yard, located in section 9, T30N, R19W, Town of Somerset. Code Adnvnistrauon 715-386-4680 Dear Ms. Duley: Land Information d Planning The St. Croix County Board of Adjustment (Board) has reviewed your application for a 715-386-4674 reconsideration of a special exception permit for a contractor's storage yard at the property referenced above. After the hearing on January 26, 2012, the Board approved the special Real Properti exception request with conditions. The enclosed document is the formal decision 715-386-4677 regarding the application. Recycling 715-386-4675 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, r9k~ gift Alex Blackburn Land Use Specialist/ Zoning Administrator Enclosure: Formal Decision cc: Clerk, Town of Somerset ST. CRO/X COUNTY GOVERNMENT CENTER 110 1 CARMICHAEL ROAD, HUDSON Wi 54016 7153864686 FAX PZ@CO.SA/NTCROIX.WI.US WWW.CO.SAINT-CROIX.WI.US 0 FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE87350 Applicant: Megan Duley Location: Section 9, T30N, R19W, Town of Somerset Reconsideration Application Received: January 3, 2012 Hearing Notice Publication: January 9 and 16 2012 Hearing Date: January 26, 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 applicant is Megan Duley of Duley Ventures doing business as Jet Black 2. The site is located in the NW '/4 of the SW 1/4, Section 9, T30N-R19W, Town of Somerset. 3. The applicant filed an application with the Board of Adjustment for a special exception permit to operate a contractor's storage 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. With conditions to screen the parking area with 6 foot high coniferous trees that will reach 80% opacity at maturity, this request would not be detrimental to property values in the area. . 6. With conditions to have spill kits of sufficient size on site to clean up accidental spills of Jet Black sealer or other vehicle fluids, and to remove the second driveway 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. With conditions on the hours of operation, 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. 9. With conditions to limit the amount of undiluted coal tar stored on site to 250 gallons, this request would not affect public health, safety and welfare of the neighborhood. 10. With conditions to place concrete or asphalt on the parking area with a sufficient lip to contain rain water, this request will not affect public health, safety and welfare of the neighborhood. 11. The Town of Somerset has recommended 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 with three 14 foot seal coating trailers, one 20 foot asphalt trailer, two pick up trucks and construct an accessory structure in the future. Approval for this special exception permit does not include any additional structures, services, operations, vehicles or employees not indicated in the plans. 2. Prior to commencing construction, the applicant shall secure a building permit from the Town of Somerset. Applicant shall also obtain any other required local, State, or Federal permits and approvals. 3. A buffer of six foot high trees at time of planting that will reach 80% opacity at maturity shall be planted by July 1", 2012 to provide more screening of the parking area. 4. The second driveway shall be removed. Access will then be over the residential driveway and then will split off and go to the south. 5. Spill kits of sufficient size shall be kept on site. 6. The applicant shall be responsible for keeping the property in a neat and orderly manner. 7. Hours of operation shall be sun up to sun down, Monday through Sunday. 8. All lighting associated with the business shall be illuminated downward and shielded away from neighboring properties to minimize glare. 9. No manufacturing, retail services or other services shall take place on this site. 10. There shall be a maximum of 250 gallons of undiluted coal tar stored on the premises in the garage. 11. The parking surface shall be concrete or asphalt with a 5 inch lip around the edge to contain rain water and any spills. 12. 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. 13. 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. 2 14. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. The following vote was taken to approve: Hurtgen, yes; Chairperson Malick, yes; Peterson, yes; Nelson, Yes. Motion carried unanimously. (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(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 G BOARD QF ADJUSTMENT Signed: Clarence W. Malick, Chairperson Date Filed: 01/26/12 3 CROIX COUlffy PLANNING ZONING December 2, 2011 File Ref SE87350 Megan Duley 16275 0 th Street Somerset W154025 Re: St. Croix County special exception permit for a contractor's storage yard, located in section 9, T30N, R19W, Town of Somerset. Code Administration' 715-386-4680 Dear Ms. Duley: Land Information d Planning The St. Croix County Board of Adjustment (Board) has reviewed your application for a 715-386-4674 special exception permit for a contractor's storage yard at the property referenced above. After the hearing on December 1, 2011, the Board approved the special exception request Real Prope#y with conditions. The enclosed document is the formal decision regarding the application. 715-386-4677 Recycling You must obtain any other required local, state, and federal permits and approvals. Should 715-386-4675 you have any questions or concerns, please contact me at 715-386-4680. Sincerely, Alex Blackburn Land Use Specialist/ Zoning Administrator Enclosure: Formal Decision C0~ y cc: Clerk, Town of Somerset .y ST. CROIX COUNTY GOVERNMENT CENTER 11 o 1 CARM/CHAEL. ROAD, HUDSON W 54016 715386.4686 Far FZPCO.SAINTCRO/X.WI.US WWW.CO.SAINTCROIX.WI.US FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE87350 Applicant: Megan Duley Location: Section 9, T30N, R19W, Town of Somerset Complete Application Received: October 3, 2011 Hearing Notice Publication: Weeks of November 14 and November 21, 2011 Hearing Date: December 1, 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 Megan Duley of Duley Ventures doing business as Jet Black 2. The site is located in the NW 1/4 of the SW 1/4, Section 9, T30N-R19W, Town of Somerset. 3. The applicant filed an application with the Board of Adjustment for a special exception permit to operate a contractor's storage yard 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. With conditions to screen the parking area with additional trees, this request would not be detrimental to property values in the area. 6. With conditions to control accidental spills of Jet Black sealer or other vehicle fluids, and to remove the second driveway 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. With conditions on the hours of operation, 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. 9. The Town of Somerset has recommended 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 with three 14 foot seal coating trailers, one 20 foot asphalt trailer, and two pick up trucks and to construct an accessory structure in the future. Approval for this special exception permit does not include any additional structures, services, operations, vehicles or employees not indicated in the plans. 2. Prior to commencing construction, the applicant shall secure a building permit from the Town of Somerset. Applicant shall also obtain any other required local, State, or Federal permits and approvals. 3. Additional trees shall be planted to provide more screening of the parking area. 4. The second driveway shall be removed. Access will then be over the residential driveway and then will split off and go to the south. 5. Spill kits of sufficient size shall be kept on site. 6. The applicant shall be responsible for keeping the property in a neat and orderly manner. 7. Hours of operation shall be sun up to sun down, Monday through Sunday. 8. All lighting associated with the business shall be illuminated downward and shielded away from neighboring properties to minimize glare. 9. No manufacturing, retail services or other services shall take place on this site. 10. No storage of seal coating chemicals other than in the trailers. 11. Prior to parking any seal coating equipment, (seal coating and asphalt trailers) an impermeable parking surface must be installed and an impermeable cover must be placed over each piece of equipment. 12. A parking surface of concrete or asphalt with an adequate lip around the sides shall be installed by September 30, 2012, if the applicant intends to park seal coating and asphalt trailers on site. 13. A permanent roof shall be installed by September 30, 2013, if the applicant intends to park seal coating and asphalt trailers on site. 14. The enclosed building shall be completed by September 30, 2014. 15. 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. 16. 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. 2 • 17. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. 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(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. ZG BO OF JUS MENT ~ I J Signed:_ J Clarence W. Ma lick, Chairperson Date Filed: 12/02/11 3