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HomeMy WebLinkAbout008-1088-40-100 (2) ST. C#6IX COUNTY WISCONSIN ZONING OFFICE ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 • Fax (715) 386-4686 June 3, 2002 File Ref: 06-02 Darin Ofstie 2104 Pierce/ St. Croix Road Baldwin, WI 54002 Re: Board of Adjustment Decision Dear Mr. Ofstie: The St. Croix County Board of Adjustment has reviewed your request for a special exception for a contractor's storage yard and has approved this application with conditions. The enclosed document is the formal decision regarding your application. Should you have any questions or concerns, please do not hesitate in contacting me. Sinc1:140L Ste ve Fisher Zoning Director dz Enclosure C: Clerk, Town of Eau Galle File T FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 06-02 Complete Application Received: March 14, 2002 Hearing Notice Publication: Weeks of April 8 and 15, 2002 Hearing Date: April 25, 2002 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and conducted an on-site inspection, the Board finds the following facts: 1. The applicant is Darin Ofstie, whose address is 2104 Pierce/ St. Croix Road, Baldwin, WI 54002. 2. The applicant filed with the Zoning Office an application for a special exception request for a contractor's storage yard in an Ag/Residential District pursuant to Section 15.15(6)(d). 3. The property is located in the W '/z of the SW '/a of Section 31, T28N-RI 6W, Town of Eau Galle, St. Croix County, Wisconsin. 4. The Board of Adjustment found that this special exception application conforms with the requirements for granting a special exception under Section17.15(6)(d). 5. The Board of Adjustment found that the spirit and intent of the ordinance will be met by granting this special exception permit. I DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's request for a special exception permit for a Contractor's Storage Yard in an Ag/Residential District and has been approved based on the following findings: 1. The Town of Eau Galle has recommended approval of the project. 2. There were no objections to the request. 3. The items being stored are in a concealed location, naturally screened by a wooded area. 4. The integrity of the ordinance will be upheld and the spirit and intent of the ordinance will be met by granting the request. With the following conditions: 1. This approval is for a Contractor's storage yard for an excavating business for Darin Ofstie. 2. All equipment related to this request shall be stored within the confines of the parking area as Indicated on the site plan. The applicant may only replace/upgrade equipment with similar equipment, and is allowed up to 10 pieces of excavating equipment on the property at one time. 2 3. The property shall be kept in a neat and orderly matter. 4. The applicant is limited to outdoor storage of earthen materials to be kept onsite of no more than 50 cubic yards of materials. 5. This approval does not include storage of hazardous materials onsite. (This does not apply to chemicals that the applicant may use for personal use) 6. The applicant shall limit the travel-- related to business on the town roads from 1/2 hour before sunrise to %i hour after sunset Monday - Saturday. The applicant should avoid excess trips to and from the property during these hours. 7. No more than three employees other than the resident of the principal dwelling may be engaged in the business. 8. The applicant shall have the Zoning Administrator review this special exception permit in two years from the approval date for compliance with this approval (April 2004). 9. This approval does not give the authorization to place a sign on the parcel. All signage must be approved by the zoning department and must strictly adhere to the St. Croix County Signage Ordinance. 10. Any minor change or addition to the project, including but not limited to design of the facility, shall require 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. 11. The applicant shall have one (1) year from the issuance of the special exception permit to commence construction. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before construction commences, the applicant will be required to secure a new special exception permit before starting or completing construction on the project. 12. 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. 13. 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: Marzolf, yes; King, yes; Rose, yes; Chairperson Speer, yes. Motion carried. 3 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, which is available from Northwestern Court Reporters, Hudson, Wisconsin. It is the responsibility of the Board of Adjustment to submit its record (file) of this matter to the circuit court. ZONING BOARD OF JUSTMENT t Signed: Chai on i I Dated: 06/03/02 Attest: Filed: 06/03/02 Zoning Director 4