HomeMy WebLinkAbout030-1012-10-000 (3)
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PLANNING ZONING
June 27, 2011 File Ref SE87147
Christopher Kath
Kath Properties LLC
1106 Cty. Rd. A
Hudson, W154016
Co deAdministration Re: Reconsideration of St. Croix County Special Exception Permit
715-386-4680 Parcel 03.29.19.551. & 10.29.19.120G, Town of St. Joseph
Land Information & Dear Mr. Kath:
Planning
715-386-4674
The St. Croix County Board of Adjustment (Board) has reconsidered its decision dated
Real Prope ' March 24, 2011 regarding a special exception permit for a gas station/convenience store in
715-3 677 the Commercial District in the Town of St. Joseph. After the hearing on June 23, 2011, the
Board voted to approve your request for reconsideration with revised conditions. The
Recce 3~-4675 enclosed document is the formal decision regarding the application.
You must obtain any other required local, state, and federal permits and approvals. Please
feel free to contact me with any questions.
Sincerely,
Pamela Quinn
Zoning Specialist/ Zoning Administrator
VAL Enc: Decision
Cc: Clerk, Town of St. Joseph
Steve Olson, St. Croix County Land & Water Conservation District
Jeff Durkee, St. Croix County Highway Department
Jim Devlin, Runoff Mgt. Specialist, W1 DNR
Len Schreiber, Project Engineer, Cedar Corp.
ST. CROIX COUNTY GOVERNMENT CENTER
1 101 CARM/CHAEL ROAD, HUDSON Wi 54016 71-53864686 FAx
PZCMCO SAINTCRO/X.W1. WWW.CO.SAINT-CROIX.WLUS
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File: SE87147
Applicant: Christopher Kath, dba Kath Properties LLC
Parcel 03.29.19.55L and 10.29.19.120G
Original Application Received: November 1, 2010
Request for Reconsideration Received: April 27, 2011
Hearing Notice Publications: Weeks of January 10 and 17, 2011 and June 6 and 13, 2011
Hearing Dates: January 23, March 24, and June 23, 2011
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and reviewed the site, the St. Croix County Board of
Adjustment makes the following findings of fact and conclusions of law:
1. The applicant is Christopher Kath, dba Kath Properties LLC, property owner.
2. The site is located at 1103 County Highway A, in SW 1/4 of the SE '/4 of Section 3 and NW '/a of the NE '/4 of
Section 10, all in T29N, RI 9W, Town of St. Joseph, St. Croix County, Wisconsin.
3. On March 24, 2011, the Board of Adjustment (Board) approved a special exception permit to allow the applicant
to remodel GB Curley's restaurant for a gas station/convenience store in the Commercial District pursuant to
Section 17.18 of the St. Croix County Zoning Ordinance. The applicant requests reconsideration of Conditions #4
and #6 of the Board's approval.
4. At its regularly scheduled meeting on April 28, 2011, the BOA heard and voted to approve a request for
reconsideration of conditions contained in its decision to approve a special exception permit request. The request
for reconsideration was submitted by the applicants pursuant to Article VIII, Section 6 of the St. Croix County
Rules and By-Laws Governing the St. Croix County Board of Adjustment. The BOA scheduled a hearing for
reconsideration on June 23, 2011 so that it could be heard in conjunction with an amendment request for the
Willow River Saloon, which is also owned by the applicant.
5. Regarding Condition #4, the applicant has submitted the $5000 compliance deposit and recorded an affidavit for
the proposed stormwater control structures as required, but would like to substitute the requirement for a four-foot
high berm to a fence along the west property line and eliminate additional tree/shrub plantings along the south
property line. The approved grading plan (Sheet C1.4) indicated the location of existing trees and vegetation as
well as a drainage swale that will be created to intercept stormwater runoff. The applicant's agent stated that a
berm may be detrimental to existing trees, some of which would have to be removed during construction of the
berm. Based on site visits by zoning staff and photos taken during leaf-on conditions (Exhibit 7), the requirement
for additional trees and vegetation does not appear to be necessary to shield adjacent properties. Condition #4
requirements were included in response to recommendations from the Town of St. Joseph, who also
recommended that the applicant "Make every effort to preserve the existing trees. Vegetation plan includes berm
along the property line, a fence to shield, and include vegetation along fence or berm". A fence along the western
property line would have minimal impact on existing trees, would not interfere with construction of stormwater
drainage features, and would meet the intent for screening between existing uses and the new gas
station/convenience store.
6. Regarding Condition #6, the applicant would like additional wording that would allow parking of vehicles on
open, grassed portions of the gas station/convenience store property during occasional permitted special events,
such as the annual Chicken and Corn Feed or Classic Car Show. Event parking would be limited to one-day
occurrences and vehicles would not be allowed to access and/or damage grassed areas where stormwater
structures or Private On-site Wastewater Treatment System (POWTS) components are located. In a letter
addressed to the Board requesting reconsideration, the applicant made the distinction between special events
00 •i
parking and the potential use of asphalt paved areas for occasional overflow parking for Willow River Saloon
patrons.
7. With the revisions outlined in Findings #5 and #6 above, this request would meet the spirit and intent of the St.
Croix County Zoning Ordinance and would not negatively affect the character of the area as compared to its
previous use as a restaurant/bar.
8. With the revisions outlined in Findings #5 and #6 above, this request would not be contrary to the public health,
safety, and general welfare of the residents within the vicinity, or be substantially adverse to property values in
the neighborhood affected.
9. With the revisions outlined in Findings #5 and #6 above, this request would not constitute a nuisance by reason of
noise, dust, smoke, odor, or similar factors.
DECISION
Based on the Findings of Fact, Conclusions of Law, and the record herein, the Board of Adjustment approved the
applicant's request for reconsideration of Conditions #4 and #6 of the special exception permit approved on March 24,
2011 as follows (the applicant shall strictly adhere to all other conditions of the Board's March 24, 2011 decision as
worded):
Condition #4: Prior to commencing construction, the applicant shall submit to and have approved by the Zoning
Administrator the following items:
• A landscaping plan that includes 6-foot chainlink fence with earth-tone plastic inserts along the west
property line and maintenance of existing vegetation along the west and south property lines to fully
screen and buffer adjacent residential properties from noise and any outside activities. This change from
the original condition for landscaping will only apply if the Town approves.
Condition #6: Parking shall be limited to asphalt paved surfaces only. Temporary barriers shall be erected to
assure that vehicles use legal driveways for ingress/egress from the property and do not park on grassed areas.
The following vote was taken to approve the conditions as amended: Chairperson Malick, yes; McAllister, yes; Hurtgen,
yes; Nelson yes; and Peterson, 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 §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.
ZONING BOARD OF ADJUSTMENT
Signed: 791z/
Date Filed: 06/27/2011 Clarence W. "Buck" Malick, Chairperson
2
t
CROIX COUNff
PLANNING & ZONING
March 28, 2011 File Ref: SE87147
Christopher Kath/Kath Properties LLC
1106 Cty. Rd. A
. Hudson W154016
...~s~:.nr>f f`y.
Ay' Re: St. Croix County Special Exception Request
Parcel #030-1012-10-000, Town of St. Joseph
Code Administrate
715-386-4680£ Dear Chris:
X
Land Information ,~f The St. Croix County Board of Adjustment (Board) has reviewed your request for the following item:
Planning
715-386-4674::
v Special exception request for a gas station/convenience store in the Commercial Zoning
Real2,...L4677 r77 District, Town of St. Joseph, pursuant to Section 17.18(9)(e) of the St. Croix County Zoning
Ordinance.
715
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R cling After the hearing on March 24, 2011 the Board approved the special request with conditions. The
386-4675 enclosed document is the formal decision regarding your special exception request.
You must obtain any required local state and federal permits and approvals. Should you have any
s Y Y Y
questions or concerns, please contact me at 715-386-4680.
0
Since 1 ,
Pamela Quinn
'k Zoning Specialist/ Zoning Administrator
Enclosure: Formal Decision
<v
cc: Clerk, Town of St. Joseph
F$*
T>
Steve Olson, Land and Water Conservation Department
Jim Devlin W1 Department of Natural Resources
ST. CRO/X COUNTY GOVERNMENT CENTER
1 101 CARM/CHAEL ROAD, HUDSON, W1 54016 7153864686 FAX
PZC?C0.SAINT-CR01X. W. US WW W. CO. SAI NT-CROM. WI. US
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File Number: SE87147
Applicants: GB Curley's Restaurant, Inc. (former owner)
Agent: Christopher Kath dba Kath Properties LLC, current property owner
Parcel Number: 03.29.19.55L and 10.29.19.120E
Complete Application Received: November 24, 2010.
Hearing Notice Publication: Weeks of January 10 and January 17, 2011
Hearing Dates: January 27 and March 24, 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 the special exception request:
1. The original applicant was GB Curley's Inc. with their agent, Christopher Kath. As of January 26, 2011 the
ownership of the property was transferred to Kath Properties LLC, who will lease the proposed gas station to
Bob and Steve's BP for day-to-day operation and management.
2. The site is located at 1103 County Highway A in the SW '/4 of the SE '/4 of Section 3 and N W '/4 of the N F '/4
of Section 10, T29N, R19W, all in the 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
remodel an existing bar/restaurant for a gas station/convenience store in the Commercial District pursuant to
Section 17.18(1) 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 or
the Commercial District, which the property is currently zoned. Burkhardt is a small commercial center that
features a mix of high-density residential and commercial uses, including a gas station/convenience store to
the west and a bar/restaurant to the north, which is owned by the applicant's agent.
5. Neighboring property owners have submitted letters and expressed their concerns regarding the potential
negative aspects of the proposed gas station/convenience store on current traffic patterns as well as public
safety, economic impacts, and aesthetics that may affect residential property owners in Burkhardt. The letters
requested that, in the event the Board approves this special exception, detailed, comprehensive conditions be
applied to minimize impacts on residents of Burkhardt.
6. The applicant's site plans indicate that the existing 1976-vintage sanitary system will be removed as part of'
the proposed change in use and other site improvements. The design for a replacement POWTS will have to
be submitted to the Wisconsin Department of Commerce for review and approval prior to applying for the
necessary sanitary permit. With conditions that the POWTS will be replaced with a code-compliant
wastewater treatment system, this request will meet the standards listed in Section 17.18(2)d.
7. Revised site plans were submitted by Len Schreiber, engineer for Cedar Corp. during the January 27, 2011
hearing and further revisions of the stormwater management plan, grading plan, and details were included in
the Water Resources Application packet (Exhibit 3). The plans indicate that the parking and driveway will be
modified in response to Hwy. Dept. comments. Grading within the road right of way for stormwater
structures will require a county permit. With conditions for adequately managing storm water runoff,
replacing the POWTS to meet current code, obtaining permit approval for the grading within county road
right-of-way, and providing a landscaping plan, 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.
~
8. With conditions for shielding light sources so as not to produce glare onto adjacent properties, providing
screening from adjacent residential properties, and limiting noise on the site, this request would not constitute
a nuisance by reason of noise, dust, smoke, odor, or other similar factors.
9. With conditions for paving all driving and parking surfaces, providing vegetative screening of the site, and
updating the wastewater and water systems to service the proposed use, the standards would be met to grant
the special exception permit for the proposed gas station/convenience store pursuant to Section 17.18(2)(a-m)
of the St. Croix County Zoning Ordinance.
10. The proposed change in use from a bar/restaurant to a gas station/convenience store would meet goals and
objectives of the St. Croix County Development Management Plan including locating commercial
development where suitable conditions exist and promoting the growth of an existing business.
11. The proposed plans include 35 parking stalls for customers to the retail gas station/convenience store, which
will provide sufficient off-street parking to accommodate all existing and proposed uses on the site pursuant
to Sections 17.57(5) and (12) of the St. Croix County Zoning Ordinance.
12. New signage proposed for the site will require a separate permit for an on-premise sign in the Commercial
district.
13. The Town of St. Joseph previously recommended approval of this request with conditions for:
• Driveway to Scott Road should be asphalt and meet the Town's approved driveway standards and requires
a Town driveway permit;
• All lighting will have down lights so as not to impact the adjoining residents and areas;
• No addition to the footprint of the building;
• Request that the county complete a 48 hour observation for traffic patterns in the area and limit access to
a single driveway off Cty. Rd. A;
• Landscaping of a 4' berm, larger trees and vegetation along the west and south property lines to protect
the residences and shield them from this property. Make every effort to preserve the existing trees.
Vegetation plan includes berm along the property line, a fence to shield, and include vegetation along
fence or berm;
• Limit Hours of operation to 5:00 AM - 10:00 PM and restrict deliveries to between 8:00 AM and 5:00
PM;
• Control all run off and water onsite through on site stormwater measures and prevent impact to the
Willow River and groundwater, and include appropriate plantings for the detention pond;
• No outside music or audio advertisements;
• Acquire all necessary county, state and federal permits
• Request that security be in place and adhere to county, state and federal standards
14. The St. Croix County Land and Water Conservation Department staff, Steve Olson, commented that "After
multiple revisions and reviews the Land and Water Conservation Department has found the stormwater and
erosion control plans for the Kath/GB Curly's BOA special exception permit application are complete. The
revisions marked final dated 3/18 meet the standards found in NR15 L"
15. The St. Croix County Highway Department has reviewed the January site plan revision and commented
regarding the need for a permit to excavate within the county road right-of-way. With conditions that the
applicant obtains approval from the St. Croix County Highway Department for the excavation to install
stormwater basins, the request will comply with Section 17.60 of the ordinance.
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 remodel an existing bar/restaurant into a gas
station/convenience store, to replace an existing POWTS, and to fill and grade as necessary to install
underground fuel tanks, create driveway accesses, and stormwater management structures as shown on the
submitted site plans. Approval for this special exception permit does not include any additional uses,
structures, or other activities.
2. Prior to commencing construction, the applicant shall be responsible for securing all other necessary local,
state, and federal permits and approvaj~,, including but no limited to any permits and licenses fi-om the
Wisconsin Department of Commerce, Wisconsin DNR, and driveway permits from the St. Croix County
Highway Department and/or the Town of St. Joseph.
Prior to commencing construction of the stormwater basin(s) and/or the POWTS, the applicant shall schedule
an on-site pre-construction meeting that includes the property owner, general contractor, excavator, St. Croix
County Planning & Zoning, and Land and Water Conservation Department staff members. Items to be
discussed include, but are not limited to, coordinating installation of erosion control, construction timelines,
compliance with all other pre-construction conditions, and roles and responsibilities of all parties.
4. Prior to commencing construction, the applicant shall submit to and have approved by the Zoning
Administrator the following items: )J At(Xr ,,A n -,b r_,".k--
J• A landscaping plan that includes a 4' berm, larger trees, and vegetation aloe the west and south property
lines to fully screen and buffer adjacent residential properties from noise and any outside activities. The
/ plan should include the species, size, and location of all trees, shrubs, and groundcover to be planted on
the site, as well as a timeline for the plantings and a maintenance agreement to ensure that all vegetation
establishes successfully. _8a'44 . 'w' p ~
• A long-term maintenance agreement included in the Water Resources Application, alorfg wi4, a site plan
to document the stormwater structures, shall be referenced in an affidavit that is recorded against the
property. The applicant shall submit a recorded copy of this document to the Zoning Administrator at this
time. The intent is to make certain that property owners remain aware of the responsibilities and
limitations associated with infiltration structure(s) and to ensure the structures will continue to perform as
J designed.
• A cash compliance deposit of $5000.00 to be held by the Zoning Administrator until the parking lot,
paving, landscaping, and storm water management measures have been completed and approved to be in
compliance with the conditions of this permit and all applicable provisions of the Ordinance, at which
time the deposit will be refunded in full.
5. Regular hours of operation shall not extend beyond the proposed 5:00 AM - 11:00 PM.
6. Parking shall be limited the asphalt paved surfaces only.
7. No signs are approved as part of this permit. Any future signage shall require prior review and approval by
the Zoning Administrator as part of obtaining a sign permit in compliance with requirements in Section 17.65.
8. Any lighting associated with the business must be downward directed and shielded away fi-om 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.
9. 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.
10. All buildings and property shall be maintained in a neat and orderly manner.
L/1. Within 30 days of substantially completing construction and all related paving and landscaping, the applicant
shall submit to the Zoning Administrator photos of the site and certification from the project engineer or
1 t architect that the building remodeling, paved parking and driving surfaces, landscaping, and storm water
l pI~yDI management measures have been constructed and installed as approved.
y •
12. The applicant shall contact the Zoning Administrator to review this special exception permit in two years
from the approval date for compliance with the conditions of this approval.
13. 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. Such conditions might include revisions to the access driveways.
Notice of such circumstances might come from the County Highway Department or Sheriff's Department.
14. 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.
15. The applicant shall have one (1) year from the approval of this special exception permit to commence
construction and two (2) years from the approval to substantially complete the construction and all related
paving and landscaping. The replacement sanitary wastewater system, driveways, paving, landscaping, and
underground tanks must be installed prior to the opening of the new gas station/convenience store. Paving
must be completed within two years. Failure to comply with this timeframe 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.
16. Accepting this decision means that the applicants have read, understand, and agree to all conditions of this
decision.
The following vote was taken to approve: Chairman Malick, yes; Peterson, yes; and Hurtgen, yes; Motion carried.
(Board members Nelson and McAllister were 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.
ZONING BOARD OF ADJUSTMENT
Signed:
Date Filed: 3/28/2011 Clarence W. "Buck" Malick, Chairperson
Page 1 of 1
Pam Quinn
From: Pam Quinn
Sent: Friday, December 16, 2011 9:13 AM
To: Monica Lucht
Cc: Kevin Grabau
Subject: Compliance deposit for BP station/Chris Kath
The BP gas station site was inspected on 10/20/11 for general compliance with conditions in permit
#SE87147 and it appears to be in good shape for erosion/sediment control as well as having met parking,
lighting, and landscape plan requirements. Chris has requested a refund of his $5000 compliance
deposit, receipt #481079. 1 think this would be appropriate, since the only thing he might need to do
would be some reseeding in the spring if the grass cover doesn't take (late season seeding).
Pam Quinn, Zoning Specialist (PO'WT'S)
St. Croix County Planning & Zoning Dept.
not Carmichael Road
Hudson, WI 54o16
715-386-4680
12am. quinn2co. saint-croix. wi. us
12/16/2011