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HomeMy WebLinkAbout016-1004-60-000 f S 9 tROIX COUNTr PLANNING & ZONING y<. July 27, 2009 File Ref: SE0202 Fred NitcheY E3FILE COPY th 3009180 Avenue Qz' 'x> Glenwood City WI 54013 Y -r _ Re: St. Croix County special exception permit for an auto sales operation located in section 3, T30N, R15W, Town of Glenwood Code Administrau 715-386-4680 "Dear Mr. Nitchey: Land Information The St. Croix County Board of Adjustment (Board) has reviewed your application for a Planning special exception application for an auto sales operation at the property. referenced above in 715-386-4674 the Town of Glenwood. After the hearing on July 23, 2009, the Board approved the special Real P exception renewal request with conditions. The enclosed document is the formal decision 715 -4677 regarding the application. R cling You must obtain any other required local, state, and federal permits and approvals. Should -386-4675 you have any questions or concerns, please contact me at 715-386-4680. Si rtrely 46 Alex Blackburn Land Use Specialist/ Zoning Administrator Enclosure: Formal Decision cc: Clerk, Town of Glenwood t` k `4 : Wh ST. CRO/X COUNTY GOIvERNMENT CENTER 1101 CARMICHAEL ROAD, HUDSON, W1 54016 715386-4686 FAX PZ@CO.SAINT-CROIX. W. US W1WV. CO. SAI NT-CROIX.IM . U S FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE0202 Applicant: Fred Nitchey Location: Sections 3, T3 ON, R15W, Town of Glenwood Complete Application Received: June 1, 2009 Hearing Notice Publication: Weeks of July 6 and 13, 2009 Hearing Date: July 23, 2009 FINDINGS OF FACT AND CONCLUSIONS OF LAW 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 Fred Nitchey, property owner. I 2. The site is located at 3009 180`h Avenue in the NW '/4 of the NW '/4 of section 3, T30N, RI 5W, Town of Glenwood St. Croix County, Wisconsin. 3. The applicant filed with the Planning and Zoning Department an application for a special exception permit to expand an auto repair business to include auto sales in the Commercial District pursuant to Section 17.18(1) (a) of the St. Croix County Zoning Ordinance. Findings for Section 17.18 4. The south and west property lines are wooded. The only place that would need vegetative screening would be along the north side of the property on 180`h Avenue and the along the north half of the east property line. Since an auto sales operation would typically locate the cars for sale along the road for visibility, staff recommends vegetative screening along the east side only. With conditions to landscape the east side this request would not negatively impact the property values for nearby residences. 5. With conditions for shielding light sources and directing lights downward to prevent glare onto adjacent properties and 180th Avenue, this request would not be a threat to public health and safety or create a nuisance. 6. With conditions to pave or gravel the driveway 24 feet wide, pave or gravel the customer parking area and pave or gravel the sales display area (with watering when necessary), this request would not constitute a nuisance by reason of dust, or traffic congestion. Typically an auto sales operation would not generate smoke, odors, noise or heavy vehicular traffic. 7. The repair business has a holding tank for the floor drain and a waste oil burner. In addition the other waste fluids and scrap metal are taken to Kadingers for disposal. Based on these facts this request would not have negative effects on the environment. 8. The proposed addition would meet several goals and objectives of the St. Croix County Development Management Plan including locating commercial development where suitable conditions exist, promoting the growth of existing businesses, and diversifying the County's economy. Findings for Section (7) (a) 9. This request would not violate the spirit or general intent of the ordinance since auto sales is an appropriate use in a commercial area. 10. With the above stated conditions on paving, landscaping and lighting, this request would not violate the health, safety, general welfare or be substantially adverse to property values in the neighborhood. In addition with the conditions for paving or gravel, this request would not constitute a nuisance by reason of dust. Findings for Section 17.57 11. With the existing 6 parking stalls the applicant will provide sufficient off-street parking to accommodate all existing and proposed uses on the site. Additional findings; 12. No additional signage is currently proposed for the site. 13. The Town of Glenwood has recommended approval of this request. 14. Proposed hours of operation are 8 am to 5 pm Monday through Friday. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board of Adjustment approves the special exception renewal request, with the following conditions: 1. This special exception permit allows the applicant to sell cars on the property in the Commercial District. Approval for this special exception permit does not include any additional uses, structures, or other activities. 2. Prior to commencing construction, the applicant shall be responsible for securing all other necessary local, state, and federal permits and approvals, including but not limited a "Motor vehicle dealer two year license application" 3. Driveway, parking and sales display area to be paved or graveled and if graveled shall be watered whenever necessary to prevent dust. Within 30 days of this approval the applicant shall submit; • A landscaping plan for vegetation along the east property line. The vegetative buffer shall be at least 10 feet in width and at least six feet in height at the time of planting to screen the car sales area from adjacent property to the east. 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, as well as a timeline for the plantings and a maintenance agreement to ensure that all vegetation establishes successfully. The vegetation need not be planted unless requested by a neighbor whose view is affected. • A plan for paving or graveling the driveway 24 feet wide, as well as paving or graveling the customer parking area and the sales display area. 4. Within 30 days of substantially completing the landscaping (if requested by a neighbor), the applicant shall submit to the Zoning Administrator photos of the site to verify the plantings have been installed. 2 1 5. Any future lighting associated with the business must be downward directed and shielded away from neighboring properties and 180t` Avenue to prevent glare. In addition, lighting must be no higher than the lowest eaves of the buildings. I 6. Hours of operation shall be 8am to 5pm Monday through Friday. 7. No signs are approved as part of this permit. Any future signage will require a sign permit. 8. 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. 9. All buildings and property shall be maintained in a neat and orderly manner. 10. The applicant shall contact the Zoning Administrator to review this special exception permit in two years from the approval date (July 2011) for compliance with the conditions of this approval. 11. These conditions may be amended or additional conditions may be added to address complaints or unanticipated circumstances that would affect the health, safety, or general welfare of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and opportunity for a hearing. 12. Any change in ownership or management shall require prior notification to the Zoning Administrator. Any change in the use of the property; change in the building or facilities; or changes to the approved project details - including but not limited to structures, landscaping, signs, lights, parking, or lot/access changes - shall require prior review and approval by the Zoning Administrator to ensure that all Ordinance requirements are met. The Zoning Administrator may determine that special exception approval is necessary. 13. The applicant shall have one (1) year from the approval of this special exception permit to commence paving or graveling and two (2) years from the approval to complete the paving or graveling. Failure to comply with this timeframe shall result in expiration and/or revocation of the special exception permit. If the special exception permit expires within this timeframe, the applicant will be required to secure a new special exception permit. 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: Nelson, 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. 3 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 BOAARRDj OF ADJUST NT _Alck Signed: I b Clarence W. Malick, Chairperson Date Filed: 07/27/09 ~I 4 MOTOR VEHICLE DEALER Fadison, ~VEMOortatio TWO YEAR LICENSE APPLICATION FOR OFFICE USE ONLY 09 ion MV2186 2/2008 Ch. 218 Wis. Stats. Issued Expires 53707-7909 Submit in duplicate. License Amending Infoormatirmatiton UN 12.2009 Legal Name Q - Area Code -Telephone Number Deale License Number t c ~ I ` 2 6 S" y ST: Cf~uiA. WUNTY Trade Name(s) or DBAs Fade Street Address or RFD Post Office x Number City State ZIP Code County where business located eoR ~01'~'' ~}~e~. ti-lenLU-M)a t 1+~ I 5 0~ 3 ~-t-, C~oi x' Type f Vehicles to be Sold Business Entity If Corporation or LLC, ❑ City ❑ Village Township ULI tOS ❑-NEVs Sole Proprietorship ❑ Association Date Licensed in Wisconsin Name: C, Q h W-" d (Neighborhood ElectricVehides) Trucks Partnership ❑ Corporation State of Incorporation or Organization ❑ Motorcycles ❑ LLC 2 . List makes of new vehicles to be sold E-mail Address Address of NONADJACENT Sales Location in SAME MUNICIPALITY Branch: Sublot: Name and Title of Owner, Partners, Association Members, Corporation Officers and Shareholders, LLC Managers and Members Complete an Entity/Owner Statement (Form MV2844) for each individual listed. z,( FC'~~,o rs 'ra /l e S lv e- i( 6V ' Completely describe other business, If any, engaged in by your firm Same location? License Numbers of Additional Dealerships ❑ Nom Yes Wa ere a licensed dealer at this same location previously this year? Do yoybwn and operate your own service department? No ❑ Yes, Name dealer Yes s No, Attach completed service agreement Ha you, as an individual and your above-named firm, been licensed as a dealer before? Complete ONE of the following (whichever applicable): YES NO Is business real estate owned by. No ❑ Yes, Same 'locafion? E-1 No ❑ Yes Owner of sole proprietorship ❑ b, Ha ur motor vehicle dealer license ever been denied, suspended or revoked? One partner of partnership ❑nd copy VoNo E] Yes, When and what state? Are u licensed as a motor vehicle salvage dealer at same locafion? Corporate dealership ❑ of lease. r/No ❑ Yes, Give license number LLC ❑ AUTOS l TRUCKS MOTORCYCLES OTHERS (specify) SALES TAX Number of New Used New Used New Used New Used vehicles sold Retail i - SELLER PERMIT NUMBER in last 12 ----------I------ - - - - - - - - - - - - - month period I Wholesale I i F2,,-g,Z, heckonONE box that applies to your dealership. Dealer License (Required fee) ................................$40.00 if you have questions aboutthese fees. Branch License .,.........$40.00 uring the next two years our dealership will sell all vehicles on a cash only basis. Fee due is $20. Sublot License ............................................................$2.00 2. Our dealership originates retail installment sales contracts Salesperson License(s)......... Number x $8.00 and/or consumer leases. (if test required, pay examiner) ❑ a. All of the contracts or leases we originate are sold or Wisconsin Buyer's License(s)....... Number x $12.00 0.00 transferred to a third party. Fee due is $100. ❑ b. Some or all of the contracts or leases are retained by Buyer ID Card(s) Number x $12.00 100 ourdealership. Fee due is $100. Dealer License Plates Required..... First 2 plates = $150.00 ❑ 3. The total amount of installment contracts and/or consumer Number of additional plates @ $10.00 0.00 leases originated and retained in the last 12 months was List letters of all missing plates $ , which is $100,000 or less. Fee due is $100. ❑4. The total amount of installment contracts and/orconsumer leases) originated and,rotained in the last 12 months was Replacement License Plates for lost, damaged, $ , which is greaterthan $100,000. D not or illegibie plates ........................................each plate $2.00 submit a fee. You will receive a separate bill. 0.00 Does your dealership write creditinsuran( .No ❑ Yes CHECK PAYABLE TO: REGISTRATION FEE TRUST $ CHECK PAYABLE TO: Department of Financial Institutions 1, the undersigned, certify under penalty of s.345.17 Wisconsin Statutes, that (1) a lease agreement covering at leastthe licensing year has been executed, if premises are not owned by applicant, and (2) the answers and statements on this ap pa t lication, are true rrcl corre t to the bes of my knowledge. V See reverse side. X (Authorized Dealership Agent, Title) (Date) Following Applies To First-time Dealer Applicant Or Application For Amended License Because of Business Relocation or Ownership Change a' Proper,,lcaGal officials must sign below, BEFORE submitting this application. All applicants complete section A. If business is Ipcated in a township, complete both sections A and B. Attention Zoning Authorities: The requirements for a retail motor vehicle dealer are as' follows: 1. A permanent building, not a residence, tent, or temporary stand. 2. An office wifhin the building. 3. A minimum 12x20 foot area accessible for automobile display, repair and preparation within the building. 4. A repair shop on the premise or a service agreement with a nearby repair shop. ' 5. An outdoor vehicle display lot for at least one vehicle adjacent to the building or all vehicles kept indoors. 6. An exterior sign with business name as it will appear on the license certificate and any other name used to do business under. The lettering of the sign must be a minimum of 4 inches high, unless smaller dimensions are required by local zoning or sign ordinance. 7. A sign posted on or adjacent to the entrance door describing business hours. Section A Business Name / Location 1. Operation of this dealer business at the location(s) stated above is in accor nce with local zon' g, building code and permit requirements. Svc ~axl~r / (Print Name) (Si tur CYIa h ati f- ale eiv, (Official Title) (Municipality) 2. Check one box and sign below: ❑ A local permit or license is required and has been issued. A local permit or license is not required. (Print Name) (Signature) (Official Title) (Municipality) Section B Business Name / Location re CX it (1 ~A C ~Q 6C ' 17et~C f ounty Zoning Approval - required only if business is I ated in a town ip. Operation of this dealer business at the location(s) stated above is in accordance with loc zoning regulation. E y i N C"1 12.o'8 pe-t (Print Name) (Signature) t) C- Nk1Illts' -witC (Official Title) (County) If business address on the front does not include a specific street number, furnish directions to your business location, including highway numbers or letters and distances.