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HomeMy WebLinkAbout008-1020-40-000(2) ST. CROIX COUNTY WISCONSIN - - ZONING OFFICE p : ~ ~rrrN Noon~ ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road - = Hudson, WI 54016-7710 (715) 386-4680 August 19, 1996 Mr. John Murtha and Mr. Don Jackelen 471 Highway 63 Baldwin, WI 54002 RE: Board of Adjustment Decision File Ref: 28-96 Dear Gentlemen: The St. Croix County Board of Adjustment has reviewed your application for a special exception request for a body shop and used car sales operation and has approved your application with conditions. The enclosed document is the formal decision regarding your application. If you have any questions, please give our office a call. Sincerely, homas C. Nelson Zoning Administrator db Enc. cc: William Peavey, Clerk Town of Eau Galle 2530 County N Woodville, WI 54028 FINDINGS, CONCLUSIONS, DECISION AND ORDER OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 28-96 Complete Application Received: 4/02/96 Hearing Date: 4/25/96 and 6/27/96 Dates of Publication: Weeks of 4/08/96 and 4/15/96 Weeks of 6/10/96 and 6/17/96 (agenda) FINDINGS OF FACT Having heard all the testimony, considered the entire record herein, and conducted an on-site inspection, the Board finds the following facts: 1. The applicants are John Murtha and Don Jackelen whose address is 471 Highway 63, Baldwin, Wisconsin, 54002. 2. The applicants, on April 2, 1996 filed with the Zoning Office an application for a special exception use request for a body shop and used car sales operation. 3. John Murtha is the owner of the property which is the subject of this application which is located in the SW', of the NW; of Section 7, T28N, R16W, Town of Eau Galle, St. Croix County, Wisconsin. 4. The subject property is currently vacant, but was used for a garbage business since 1990. 5. The Town of Eau Galle supports this application. 6. Nelson told the Board this matter was before them a couple of months ago and reminded them of the concerns they had with signage, blacktopping, removal of junk and screening. Nelson noted that Murtha/Jackelen would be before the Board next month asking for a deck variance. 7. Nelson introduced Exhibit #1, a revised site plan showing screened fencing; Exhibit #2, a bid from Asphalt Associates dated 6/27/96. Jackelen, being previously sworn, stated the screening plans on south side of building will hide accumulation of stuff from view and added he was unaware that blacktopping was a requirement. 8. Nelson presented Exhibit #3, a drawing of the new signage they would be using; Exhibit #4, a drawing of the new sign. 9. Mehls inquired about the fence screening. Jackelen stated the fence would be 6' tall and shrubbery and trees would be planted on the fence line. He said he wanted it to be a neat and clean site. CONCLUSION OF LAW The Board Concludes that: 1. The Board of Adjustment has authority under Section 17.70 (5) (c) 4 to approve special exception uses. 2. Special exception uses may be terminated as per 17.70 (7) (d) of the St. Croix County Zoning Ordinance if the plan or the conditions of the decision are not followed. 3. Section 17.18 (1) allows a special exception for a body shop and used car sales operation. DECISION On the basis of the above Findings of Fact, Conclusion of Law, and the record herein, the Board approves the applicant's request for a special exception use for a body shop and used car sales operation on the following vote: Chairman Bradley yes A. Jensen yes C. Mehls yes G. Menter yes with the following conditions: 1. This decision expires on June 27, 1997. 2. The applicant must complete this project according to the plans submitted. Minor changes in the project must be submitted to and approved in writing by the Zoning Office before the project starts or continues. Major changes must be brought back to the Board of Adjustment for review and approval. 3. The applicant is responsible for obtaining any permit or approval required for the project by municipal, town or county zoning ordinances or by the U.S. Army Corps of Engineers before starting the project. 4. The applicant must provide confirmation that he/she has completed permit process with all other regulatory agencies. 5. The applicant must allow free and unlimited access to the project site at any reasonable time to any Zoning Office employee who is overseeing the project's construction, operation, or maintenance. 6. The Board of Adjustment may change or revoke this decision if the project becomes detrimental to the public interest. 7. The applicant must keep a copy of this decision at the project site at all times until the project has been completed. 8. Tom Nelson, Zoning Administrator, shall be notified prior to beginning the project. Call him at (715)386-4680 so that compliance inspections can be made. 9. Areas which service the public and employees must be hard surfaced or black topped. 10. All junk and dump boxes are to be removed. 11. Adequate screening must be provided to screen items which are stored outside. 12. Applicant is to follow all environmental regulations. 13. Accepting this decision and beginning the project means that the applicant has read, understands, and agrees to follow all conditions of this decision. APPEAL RIGHTS This decision may be appealed by any person aggrieved by filing an action in certiorari in the circuit court of this County within 30 days after the date of filing shown below. The County assumes no liability for and makes no warranty as to the legality of any construction commenced prior to the expiration of this 30-day period or the identity of any person who may claim to be aggrieved by this decision. ZONING BOARD OF ADJUSTMENT Singed Chairperson Dated: 8/19/96 Filed: 8/19/96