Loading...
HomeMy WebLinkAbout032-2062-30-000(4) December 4, 2009 File Ref: SE0210 Monea Johnson Animal Luv Inn 555 180th Ave. Somerset, WI 54025 Re: St. Croix County Special Exception - Pet Boarding & Grooming Business in the Commercial District Parcel 18.30.19.745F, Town of Somerset Dear Ms. Johnson: The St. Croix County Board of Adjustment (Board) has reviewed your request for the following item: Special exception permit for a pet boarding and grooming business in the Commercial District pursuant to Section 17.18(1) of the St. Croix County Zoning Ordinance. After the hearing on December 2, 2009, the Board approved the request with conditions. The enclosed document is the formal decision regarding the application. i You must obtain any other required local, state, and federal permits and approvals. Feel free to contact me with any questions or concerns. i Sincerely, Pamela Quinn Zoning Specialist/ Zoning Administrator Enclosures: Formal Decision cc: Clerk, Town of Somerset Steve Olson, St. Croix County Land and Water Conservation Department Carrie Stoltz, Wisconsin Department of Natural Resources 0 FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE0210 Applicant: Monea Johnson, heir and trustee of Bernard Leverty Revocable Trust Parcel ID 18.30.19.745F Complete Application Received: October 2, 2009 Hearing Notice Publication: Weeks of November 16 and 23, 2009 Hearing Date: December 2, 2009 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 Monea Johnson, heir/trustee of Bernard Leverty's property and business owner. 2. The site is located at 1584 32°a Street in the NW of the NW of Section 18, T30N, R19W, Town of Somerset, Wisconsin. 3. The applicant filed with the Board of Adjustment an application for a special exception permit for a pet boarding and grooming business in the Commercial District pursuant to Section 17.18 (1) of the St. Croix County Zoning Ordinance. 4. The applicant's site was purchased via land contract by Bernard Leverty in 1977, which included a residential building that extends into an easement granted on the parcel immediately south of the site. The existing pole building was constructed at some time prior to the cell tower, whose service driveway access was approved as part of a special exception permit decision on December 9, 1999. Maurice Leverty, part-owner of the adjacent parcel and Loch Ness Lounge, has submitted written concerns with regard to parking, garbage disposal, and the location of the 4-plex building's POWTS that will need to be addressed as part of conditions for granting the special exception. 5. The Town of Somerset Town Board and Plan Commission meeting minutes stated the town's understanding of the request and comments that: 1) driveway permit will have to be obtained, but shouldn't be a problem as it meets separation distance, 2) septic system will require County to review its compliance status, 3) driveway separation will need to be clarified (sic), and both Plan Commission and Town Board recommended approval. 6. The St. Croix County Land and Water Conservation Department has concerns with how the solid debris will be handled along with the wash down and rinse water. Steve Olson, Rural Land Specialist, did talk to Monea Johnson in regards to this matter, however, she did not have a concise plan on how to handle the waste. He suggested composting of the solid waste and/or maybe a holding tank for the wash water, but is not an expert to handle the sanitary code to see if a holding tank is permissible. The LWCD recommends the solid waste and wash water is handled in an environmentally safe manner either through compost and land application or in a septic system if permissible by code. 7. The Wisconsin Department of Natural Resources reviewed the special exception application and commented that the site is not listed on the DNR wetlands inventory map and is not in close proximity to a navigable waterway, so therefore no Chapter 30 permit is required. However, if the applicant will be grading an area > 10,000 sq. ft. they will need a Storm Water permit. 8. This request would not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that a pet grooming and boarding business is a reasonable and appropriate use in the Commercial District, December 4, 2009 File Ref SE0210 Monea Johnson Animal Luv Inn 555 180th Ave. Somerset, WI 54025 / Re: St. Croix County Spec* I Exception - Pet Boarding & Grooming Business in the Commercial Di9trict Parcel 18.30.19.745, Town of Somerset 11 Dear Ms. Jo on: The St. Croix Co Board of Adjustment (Board) has reviewed your request for the following item: Special excepti n pe ' for a pet boarding and grooming business in the Commercial District pursua t to Sectio 7.18(1) of the St. Croix County Zoning Ordinance. After the hearing on D cember 2, 2009, Board approved the request with conditions. The enclosed document is e formal decision reg ing the application. You must obtain any her required local, state, and deral permits and approvals. Feel free to contact me with any q estions or concerns. Sincerely, Pamela Quinn Zoning Specialist/ Zonin Administrator Enclosures: Formal De 'sion cc: Clerk, Town of Some set Steve Olson, St. Croix County Land and Water Conservation Department Carrie Stoltz, Wisconsin Department of Natural Resources which the property is currently zoned. The proposed grooming and boarding activities would be compatible with existing adjoining commercial uses in the area, and the site is located near the State Highway 35/64 exit at Cty. Rd. V and is accessible to clients. 9. The proposed pet grooming and boarding services would 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. 10. The applicant proposes to use perimeter lighting for safety and security. 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. According to the applicants, anticipated traffic is not expected to increase substantially and will consist of pet owners dropping off and picking up their pets in the morning or evening hours. 11. With conditions for control of barking, proper disposal of waste material generated on-site, and screening the future outdoor run areas with appropriate trees and/or shrubs to reduce noise and visibility 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 commercial uses, and will have screening from additional plantings of evergreen trees. 12. With conditions for providing adequate off-street paved parking and a permitted driveway access, the standards would be met to grant the special exception permit for the proposed pet grooming and boarding business pursuant to Section 17.18(l)(a-f) of the St. Croix County Zoning Ordinance. The proposal includes six (6) off-street parking stalls for patrons, including one handicap accessible slot, and two (2) separate employee parking stalls as required by Section 17.57 of the St. Croix County Zoning Ordinance. The required off-street parking for 1800 square feet of retail business or personal service space is 9 parking stalls (1 stall/200 square feet). The existing 4-plex building has additional parking located within an easement that extends onto the adjacent property to the south, and which is currently accessed via the driveway for that parcel and meets current road setbacks from Highway 35/64 pursuant to Section 17.60 of the St. Croix County Zoning Ordinance. 13. The applicants do not propose to use open grassed areas north of the pole building for land-applied disposal of dog waste. With conditions requiring the applicants to store all dog waste and bedding in enclosed containers and have regularly scheduled removal off-site to an appropriate disposal facility, this request would not be contrary to the health, safety or general welfare of the public and would minimize the potential for noxious odors. 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 operate a pet grooming and boarding business on the site as indicated in the plans submitted and as provided in the conditions below. This approval does not include any additional uses, structures, or activities. 2 f 2. The applicants shall be responsible for complying with any other local, state, or federal permit requirements, licenses and approvals including but not limited to a Stormwater Permit from the DNR for filling or grading >10,000 sq. ft. The POWTS extends outside the existing easement, thus is non- compliant with DCOMM setback requirements, which must be resolved while the applicant is still in possession of the property. 3. Prior to commencing use of the site for pet boarding and grooming as proposed, the applicant shall submit to and have approved by the Zoning Administrator the following items: • A landscaping plan showing additional vegetative screening for the outdoor enclosures. The plan should include the species, size, and location of all trees and shrubs to be planted, as well as a timeline for the plantings and a maintenance agreement to ensure that all vegetation establishes successfully and that existing vegetation is maintained at its current level long-term. • Remodeling plans for the 4-plex building and the pole' building that show the number of kennels to be built, areas for pet grooming, retail merchandise salefi, office and designated employee breaks/restrooms. Construction of the kennels and exterior enclosures shall be completed prior to accepting animals for boarding. • A surety in the form of a compliance deposit in tho amount of $1,100 to be held by the Zoning Administrator until the driveway and parking area' paving and landscaping have been completed and approved to be in compliance with the condition~of this permit (see the timeline listed in Condition #11 below) and all applicable provisions of the Ordinance, at which time the deposit will be refunded in full. lr 4. Within 30 days of this appro 1, the applicants,'shall submit to and have approved by the Zoning Administrator a management pla or all dog waste and bedding. As art of the plan, the applicants shall agree to store all dog waste and dding ~n enclosed containerd provide documentation to verify that it will be hauled off-site to an a rbpriate disposal iial t . Normal hours of operation shall be limited to 8:00 to 0 No\\Vdogs shall be in outside 5 enclosures before 9:00 AM or after 4:00 PM. 6. Upon complaints of regularly occurring, excessively loud nois t any time, the applicant shall work with the Zoning Administrator to abate the noise problem. In the ev t that the matter cannot be resolved administratively, the applicant sha take the matter before the Board of Adjustment at a public hearing. 7. The applicant shall have one additional care aker as proposed. Should additional employees become necessary, the applicant shall notify the Zoning Administrator as required in Condition #13 below. I 8. The applicant shall be responsible for keepig the property in a neat and orderly manner. s 9. All lighting associated with the kennel sh ±11 be downward directed and shielded away from neighboring properties to prevent glare. Only lights o 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. 10. No signs are approved as part of this pe t. Any signage for the business will require a land use permit and must comply with standards in the S . Croix County Sign Ordinance Section 17.65. 3 2. The applicants shall be responsible for complying with any other local, state, or federal permit requirements, licenses and approvals including but not limited to a Stormwater Permit from the DNR for filling or grading >10,000 sq. ft. The POWTS extends outside the existing easement, thus is non- compliant with DCOMM setback requirements, which must be resolved while the applicant is still in possession of the property. c/ 3. Prior to commencing use of the site for pet boarding and grooming as proposed, the applicant shall submit to and have approved by the Zoning Administrator the following items: • A landscaping plan showing additional vegetative screening for the outdoor enclosures. The plan ~,~1 QY should include the species, size, and location of all trees and shrubs to be planted, as well as a timeline for the plantings and a maintenance agreement to ensure that all vegetation establishes successfully and S that existing vegetation is maintained at its current level long-term. • Remodeling plans for the 4-pJax-b'uilding and the pole building that show the number of kennels to be built, areas for pet grooming, retail merchandise sales, office and designated employee breaks/restrooms. Construction of the kennels and exterior enclosures shall be completed prior to accepting animals for boarding. A surety in theIorm_of a-compliance -deposit in the amount of $1,100 to be held by the Zoning I Administrator until the driveway and parking area paving and landscaping have been completed and approved to be in compliance with the conditions of this permit (see the timeline listed in Condition #11 below) and all applicable provisions of the Ordinance, at which time the deposit will be refunded in full. 4. Within 30 days of this approval, the applicants shall submit to and have approved by the Zoning Administrator a management plan for all dog waste and bedding. As part of the plan, the applicants shall agree to store all dog waste and bedding in enclosed containers and provide documentation to ✓ verify that it will be hauled off-site to an appropriate disposal facility. 5. Normal hours of operation shall be limited to 8:00 AM to 7:00 PM. No dogs shall be in outside enclosures before 9:00 AM or after 4:00 PM. 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 have one additional caretaker as proposed. Should additional employees become necessary, the applicant shall notify the Zoning Administrator as required in Condition #13 below. 8. The applicant shall be responsible for keeping the property in a neat and orderly manner. 9. All lighting associated with the kennel shall be downward directed and shielded away from neighboring properties 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. 10. No signs are approved as part of this permit. Any 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. 3 which the property is currently zoned. The proposed grooming and boarding activities would be compatible with existing adjoining commercial uses in the area, and the site is located near the State Highway 35/64 exit at Cty. Rd. V and is accessible to clients. 9. The proposed pet grooming and boarding services would 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. 10. The applicant proposes to use perimeter lighting for safety and security. 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. According to the applicants, anticipated traffic is not expected to increase substantially and will consist of pet owners dropping off and picking up their pets in the morning or evening hours. 11. With conditions for control of barking, proper disposal of waste material generated on-site, and screening the future outdoor run areas with appropriate trees and/or shrubs to reduce noise and visibility 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 commercial uses, and will have screening from additional plantings of evergreen trees. 12. With conditions for providing adequate off-street paved parking and a permitted driveway access, the standards would be met to grant the special exception permit for the proposed pet grooming and boarding business pursuant to Section 17.18(1)(a-f) of the St. Croix County Zoning Ordinance. The proposal includes six (6) off-street parking stalls for patrons, including one handicap accessible slot, and two (2) separate employee parking stalls as required by Section 17.57 of the St. Croix County Zoning Ordinance. The required off-street parking for 1800 square feet of retail business or personal service space is 9 parking stalls (1 stall/200 square feet). The existing 4-plex building has additional parking located within an easement that extends onto the adjacent property to the south, and which is currently accessed via the driveway for that parcel and meets current road setbacks from Highway 35/64 pursuant to Section 17.60 of the St. Croix County Zoning Ordinance. 13. The applicants do not propose to use open grassed areas north of the pole building for land-applied disposal of dog waste. With conditions requiring the applicants to store all dog waste and bedding in enclosed containers and have regularly scheduled removal off-site to an appropriate disposal facility, this request would not be contrary to the health, safety or general welfare of the public and would minimize the potential for noxious odors. 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 operate a pet grooming and boarding business on the site as indicated in the plans submitted and as provided in the conditions below. This approval does not include any additional uses, structures, or activities. 2 11. The applicant shall have one (1) year from the date of this approval to commence use of the site for a pet boarding and grooming business as proposed and to substantially complete the landscaping and paving. Failure to do so shall result in expiration of the special exception permit. If the special exception permit expires within this timeframe, the applicant will be required to secure a new special 1 exception permit. The applicant may request extensions of up to six months not to exceed a total of one ~1- year from the Zoning Administrator prior to the expiration of the permit in the event that additional time is needed. 12. The applicants 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 opportunity for a hearing. 13. Any minor change or addition to the pet boarding and grooming 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. 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, absent; Chairperson Malick, absent; 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. ZONING BOARD OF ADJUSTMENT TMENTT Signed: /44)& Clarence W. "Buck" Malick, Chairperson Date Filed: 12/7/09 4