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Home My WebLink About010-1037-30-200(2) SID T? CROIX COUN ,&A IL PLANNING ZONING June 30, 2008 File Ref: SE0172 Francis Klatt Town of Emerald ,y 2432 County Road G Glenwood City, WI 54013 `r Re: St. Croix County Special Exception Amendment Decision Parcel #s: 15.30.16.227A-30, Town of Emerald Code Adnunistratia ,f 715-386-4680 K Dear Mr. Klatt: Land Information Planning rs°' The St. Croix County Board of Adjustment (Board) has reviewed your application to 715-386-4674. amend your special exception permit approved by the Board on May 24, 2007 in order to - Real P .1, remove the landscaping requirement around the parking lot of the new town hall and shop 715 -4677 located at the property referenced above in the Town of Emerald per Condition #4. After the hearing on June 26, 2008, the Board approved the amendment request with R -386-4675 modifications. The enclosed document is the formal decision regarding the application. 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, f* , ennY Shi ox Land Use Specialist/ Zoning Administrator Enclosure: Formal Decision cc: Clerk, Town of Emerald sY~ . ST. CROIX COUNTY GOVERNMENT CENTER 1101 CARMICHAEL ROAD, HUDSON, Wi 54016 7153864686FAX RJOCO.SAINT-CROIX. W. US W W4V. CO. SAI NT-C ROIX. WI. US FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE0172 Applicant: Town of Emerald Parcel ID 15.30.16.227A-30 Complete Application Received: May 5, 2008 Hearing Notice Publication: Weeks of June 8 and 15, 2008 Hearing Date: June 26, 2008 FINDINGS OF FACT AND CONCLUSIONS OF i AW 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: 1. The applicant is the Town of Emerald, property owner. 2. The site is located on County Highway G in the SE'/4 of the SW '/4 of Section 15, T30N, RI6W, Town of Emerald, St. Croix County, Wisconsin. 3. The applicant filed with the Board of Adjustment an application for a special exception permit to construct a new town hall and shop in the Ag Residential District pursuant to Section 17.15(6)(u) of the St. Croix County Zoning Ordinance. On May 24, 2007, the St. Croix County Board of Adjustment (Board) approved a special exception permit. The new building and parking lot have been constructed on the proposed 3-acre lot located on County Highway G. The parking lot is approximately 9,280- square feet in size and can accommodate approximately 40 vehicles. Per Condition #4 of the Board's approval, the applicant was required to plant a native vegetative buffer along the west and east property lines to screen the parking lot from adjacent properties and retain the rural character and natural beauty of the area. 4. The applicant requests an amendment to Condition #4 so that it does not have to screen the parking lot. The applicant plans a community volunteer project this summer to seed the site and plant flowers. The applicant has stated that planting flowers instead of trees will save $9,000, which could be used elsewhere in the Town, and that trees would deter from the view of the new town hall building. The applicant also submitted signed letters from the adjoining property owners and the two closest residents to the west and east (with homes located approximately 650 feet and 850 feet from the parking lot, respectively) in support of not planting trees along the west and east property lines to screen headlights. 5. This amendment request would not violate the spirit or general intent of the St. Croix County Zoning Ordinance. The purpose of the Ag Residential District is to allow uses that are compatible with both agricultural and residential land uses. The town hall and shop are located in a rural area surrounded primarily by agricultural and low-density residential uses. Owners of the adjoining property and closest residences to the west and east have submitted letters in support of the amendment request. 6. The primary public purpose of vegetative screening around parking lots is to protect adjoining property owners from car headlights and visual impacts that detract from the residential character, value, and enjoyment of their property. Current adjacent property owners to the west and east have submitted letters in support of the amendment, stating that they are not concerned about lights and mentioning no concerns regarding views. With a condition for reducing the landscaping requirements to the minimum height and amount necessary to screen headlights and enhance the appearance of the site, this amendment 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 since negative impacts would be mitigated. 0 7. With the condition listed in Finding #6 above, this amendment request would not constitute a nuisance by reason of noise, dust, odor, or other similar factor. The closest existing residences are located approximately 650 feet to the west of the existing parking lot and 850 feet to the east of the parking lot. Neither property owner expressed concerns about noise or other similar factors; however, the screening required as part of the proposed condition would also help to provide a noise buffer from existing and future residential development. No odors or dust are anticipated as part of the town hall use. 8. The Town of Emerald is the applicant and as such has not submitted a recommendation. DF.CTSION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board of Adjustment voted to approve an amendment to Condition #4 of the May 24, 2007 decision, modified as follows: Condition #4: Prior to commencing construction, the applicant shall submit to and have approved by the Zoning Administrator the following items: A landscaping plan to create a vegetative buffer at least 10 feet in width along the west and east property lines that includes native evergreen trees and shrubs at least one foot in height at the time of planting to screen the parking lot from adjacent properties and retain the rural character and natural beauty of the area. The buffer shall attain at least 80% opacity at maturity. The plan should include the species, size, and location of all trees, shrubs, and groundcover to be planted on the site. Upon complaint by neighboring property owners and review by the Zoning Administrator, the applicant may be required to provide additional landscaped buffers along the north and south property lines. The applicants shall strictly adhere to all other conditions of the Board of Adjustment's May 24, 2007 decision. The following vote was taken to approve as modified: Nelson, yes; McAllister, yes; Hurtgen, yes; Chairperson Malick, yes; Peterson, 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(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: Clarence W. Malic Chairperso Date Filed: 06/30/08 2 ® C3 a o z o C-i O L- l✓ C ,r,, LCJ CJ CL / (D d x s[ \ CAS Ln p J l a> LL; C!. H C i~ l S a~ ' 7D ~ w o o v W cv cl~ W .ra a~ acv C > o CL ~ a M ~ 41 - c s- ~ to u~ a cc W o L11 V C z o V m \ C't C C. _1 C t7 till r L N