HomeMy WebLinkAbout012-1049-50-000 (2)
ST. AOIX COUNTY
WISCONSIN
gT _ ZONING OFFICE
ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680 - Fax (715) 386-4686
August 4, 2003 File Ref: 15-03
Dennis and Grace Emmert
1881 140th Avenue
Baldwin, WI 54002
Re: Board of Adjustment Decision
Dear Applicant:
The St. Croix County Board of Adjustment has reviewed your request for a special exception
permit for a third residence located on property in the Agricultural District and has approved your
request with conditions. The formal decision regarding this request is enclosed.
Should you have any questions or concerns, please contact me.
Smc ely,
Steve Fi her
Zoning Director
dz
Enclosure
cc: Jackie Mitchell, Clerk, Town of Erin Prairie w/enclosure
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 15-03
Complete Application Received: May 14, 2003
Hearing Notice Publication: Weeks of June 9 and 16, 2003
Hearing Date: June 26, 2003
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and reviewed the site, the Board
finds the following facts:
1. The applicants are Dennis and Grace Emmert, whose address is 1881 140th Avenue,
Baldwin, W154002.
2. The applicant filed with the Zoning Office an application for a special exception permit to
allow a third residence on property zoned Agricultural pursuant to Section 17.14(6)(a).
3. The property is located in the SE 1/4 of the NE 1/4, Section 22, T30N-R17W, Town of Erin
Prairie.
5. The Board of Adjustment found that this request conforms with the requirements granted
under Section 17.14(6)(a) of the St. Croix County Zoning Ordinance.
6. The Board finds that granting of this request will not be contrary to the public interest as
expressed by the objectives of the ordinance.
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 to allow a third residence on a
property located in the Agricultural District, based on the following findings:
1. The Town of Erin Prairie has approved of the request.
2. There was no opposition to the request.
3. All criteria have been met to allow this home to be constructed in an Agricultural District.
4. The Board finds that the request is not contrary to the public interest.
5. The Board finds that the spirit and intent of the ordinance would be met by granting this
request.
With the following conditions:
1. This permit is for third single-family residence on the agriculture parcel for the farm
operators. Any other use of the residence would have to fully comply with the provisions
of the St. Croix County Land Use Regulations.
2. Applicant shall secure a sanitary permit from the Zoning Office.
3. Applicant must secure a town-building permit prior to commencing construction.
4. Applicant must obtain a driveway permit from the town prior to commencing
construction.
5. The property shall be kept in a neat and orderly manner. No junk, junk cars or garbage
shall be allowed to accumulate on the property that may attract rodents or pose a threat to
the health, safety and welfare of those citizens of St. Croix County.
6. The Zoning Office is to be notified at the start and the finish of the project.
7. The applicant must allow free and unlimited access to the project site at any reasonable
time to any Zoning Office employee to inspect the property for compliance with these
conditions.
8. Any change (or addition) in use, or expansion of the project shall require review and
approval by the zoning administrator and in some circumstances through the Special
Exception approval process, where applicable, as stated in the ordinance.
9. The applicant shall have two (2) years from the issuance of the special exception permit
to commence the 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 the project.
10. 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.
11. 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: Krueger, yes; Marzolf, yes; Peterson, yes; Golz, yes;
Chairperson Speer, 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, 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 AD STMENT
Signed
4ha,i er
Date: 08/04/03 Attest
Zoning Director
2
t
St. Croix County Board of Adjustment
Hearing Date: June 26, 2003
ARTICLE # 1
Applicant: Dennis and Grace Emmert
Site Address: 1881 140th Ave., Baldwin, WI 54002
Property ID: 22.30.17.336
Computer # 012-1049-50-000
Location: The SE'/. of the NE Section 22, T30N-R17W, Town of Erin Prairie
Zoning: Agriculture
Zoning Ordinance
Reference: Section 17.14 (6) (a).
(6) SPECIAL EXCEPTIONS. The following uses may be allowed within the Agricultural District as a special
exception:
(a) More than two residences on a farm if the following standards are met:
1. Additional residences must be occupied by at least one person or member of a family
who eams 50% or more of his/her gross income from the farm operation, or is a parent
of the farm operator.
2. The size of the farm parcel must be sufficient to justify additional residences.
3. Additional residences shall be sited so that the parcels on which they are located would
comply with County and town subdivision regulations should that parcel be proposed to
be separated from the farm in the future.
4. Residences shall meet all County, Department of Commerce (DCOMM) and
Department of Natural Resources (DNR) regulations relating to waste disposal
systems, wells, and buildings.
5. Additional residences shall have driveways that comply with State and local regulations.
Request: The applicants request to construct third residence for themselves.
Exhibits: 1) Staff Report,
2) Application for special exception with narrative,
3) Location map
BACKGROUND
The applicants' request a special exception to construct a single-family residence for them, which will allow
them to move off the farmstead. Their son, Jim Emmert and his family will move into the existing
farmhouse. Currently there are two existing residences on the farm parcel, as it existed when the Town of
Erin Prairie adopted exclusive agriculture zoning in 1985. Locating more than two residences on an
existing farm parcel requires special exception review and approval by the Board of Adjustment.
The farm operators who earn 100% of their income from the farm operation will occupy the additional
residence. The farm size is sufficient to justify the additional residence. A suitable soil test showing that
the site can support private onsite wastewater treatment system. The home is situated to comply with the
county subdivision rules if separated from the farm parcel in the future.
LAND AND WATER CONSERVATION DEPARTMENT REVIEW:
Land and Water Conservation Department review is not required for this request.
SITE REVIEW:
The properties adjacent to this site are mainly zoned agriculture.
- 1 - EXHIBIT 1
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TOWN BOARD RECOMMENDATION:
In a letter dated June 12, 2003 the Town Board recommended approval of the special exception to allow a
third residence on the Ag. parcel for Dennis and Grace Emmert.
STAFF SUMMARY:
The Board of Adjustment must stipulate findings to support their special exception decision (for
approval or denial).
The Board of Adjustments may want to consider the some of the following conditions if the permit is
granted:
1) This permit is for third single-family residence on the agriculture parcel for the farm operators. Any
other use the residence would have to fully comply with the provisions of the St. Croix County Land Use
Regulations.
2) Applicant shall secure a sanitary permit from the Zoning Office.
3) Applicant must secure a town-building permit prior to commencing construction.
4) Applicant must obtain a driv permit from the town prior to commencing construction.
5) The property shall be kept in a neat and orderly matter. No junk, junk cars or garbage shall be allowed
to accumulate on the property that may attract rodents or pose a threat to the health, safety and
welfare of those citizens of St. Croix County.
6) The Zoning Office is to be notified at the start and the finish of the project.
7) The applicant must allow free and unlimited access to the project site at any reasonable time to any
Zoning Office employee to inspect the property for compliance with these conditions.
8) Any change (or addition) in use, or expansion of the project shall require review and approval by the
zoning administrator and in some circumstances through the Special Exception approval process,
where applicable, as stated in the ordinance.
9) The applicant shall have one (1) year from the issuance of the special exception permit to commence
the 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 the project.
10) 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.
11) Accepting this decision means that the applicant has read, understands, and agrees to all conditions of
this decision.
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