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HomeMy WebLinkAbout016-1073-40-025 5?-'CR01X COUMT ,&A IL PLANNING & ZONING October 28, 2007 File Rel: SFOI )8 Bonnie Tennessen 3070 130th Avenue Glenwood City, WI 54013 ~jg Re: St. Croix County After-the-Fact Special Exception and Variance Requests Parcel 34.30.15.509A, Town of Glenwood Code Administrate 715-386-4680 Dear Ms. Tennessen: Land Information PlanningThe St. Croix County Board of Adjustment (Board) has reviewed your after-the-fact special 715-386-4674 exception and variance applications to continue operating a dog kennel in the Ag Residential Real P District in the Town of Glenwood. After the hearing on October 25, 2007, the Board voted 715 -4677 to approve both requests with conditions. The enclosed document is the formal decision regarding the applications. R cling 5-386-4675 Please feel free to contact me with any questions. Sincerely, V Jennifer Shillcox Land Use Specialist/ Zoning Administrator Eric: Decision Cc: Clerk, Town of Glenwood Carrie Stoltz, St. Croix County Code Enforcement Specialist . > Steve Olson, St. Croix County Land and Water Conservation Department Holly Helstab, Wisconsin Department of Natural Resources 01 x$:< R :r 5r CROIX COUNTY GOVERNMENT CENTER 1 101 CARM/CHAEL ROAD, HUDSON, Wi 54016 7153864686 FAX PQ?CO.SAINT-CROIX. W. US WNW. CO. SAI NT-CRO IX.'M. US FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE0138 Applicants: Bonnie and Dorie Tennessen, property owners and kennel operators Parcel .25.30.18.1263 Complete Application Received: August 6, 2007 Hearing Notice Publication: Weeks of October 8 and 15, 2007 Hearing Date: October 25, 2007 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and reviewed the site, the St. Croix County Board of Adjustment makes the following general findings of fact and conclusions of law pertinent to both the after-the-fact special exception and after-the-fact variance requests: 1. The applicants are Bonnie and Dorie Tennessen, property owners and kennel operators. 2. The site is located at 3070 130"' Avenue in the NW'/4 of the NE'/4 of Section 34, T30N, R15W, Town of Glenwood, St. Croix County, WI. 3. The site is zoned Ag Residential District and is within the Shoreland and Floodplain Districts of Blue Creek (also known as "Ryan Creels"), which bisects the property. The kennel facilities are located outside of the these districts, but dog waste from the facilities is applied on land within these districts and within a primary environmental corridor as identified by the St. Croix County Development Management Plan 2000-2020 (see Finding #12 below). 4. According to the Town Clerk, the Town of Glenwood Town Board is leaving this matter up to the County and has not submitted any recommendations for the Board's consideration. 5. The St. Croix County Land and Water Conservation Department recommends that the applicants haul the dog waste off-site or sample the waste and generate a 590 nutrient management plan, which would address application rates and setbacks. 6. The Wisconsin Department of Natural Resources does not have water quality data on Idle for Blue Creek. which is also referred to as Ryan Creek, but that fish surveys were done in 1994 and 2003 in which substantial numbers of brook trout were found, as well as mottled sculpin, brook stickleback, and western blacknose dace (the latter only in the 1994 survey). The Department recommends that NR 243 standards could be applied for managing the dog waste to help protect the creek. The St. Croix County Board of Adjustment makes the following findings of fact and conclusions of law pertinent to the after-the-fact special exception permit for a dog kennel: 7. The applicants filed an application with the Board of Adjustment for an after-the-fact special exception permit to continue operating an existing dog kennel in the Ag Residential District pursuant to Section 17.15(6)(f) of the St. Croix County Zoning Ordinance. 8. The applicants currently live on the parcel and have operated a dog kennel on the property for the past ten years. Staff from the St. Croix County Planning and Zoning Department recently notified the applicants that they needed a special exception permit and variance to continue operating the kennel on their property. The kennel operation occupies two adjoining barns on the property, and a portion of the basement of the applicants' residence. As part of the operation, the applicants breed and sell several small breeds of dogs including Miniature Pinschers, Yorkies, Boston Terriers, Papillions, Italian Greyhounds, and Chihuahuas. According to the applicants, no more than 70 puppies have been raised per year. The applicants sell puppies retail directly to potential pet owners, not wholesale to pet shops. 9. The majority of litters raised on the site are registered with the American Kennel Club (AKC), and the applicants' facilities are subject to regular inspections and reports by the AKC. The most recent compliance report issued by the AKC in April 2007 found the applicants to be in compliance with AKC rules and regulations. The St. Croix County Sheriff's Department also recently conducted a site visit in August 2007and issued an incident report on animal welfare, and concluded that the conditions for dogs appeared to be fine. 10. Breeding adults housed in the adjoining barns currently have no outside access for sun and exercise. The applicants intend to construct fenced-in, outdoor runs along the north and east sides of the existing barns. 11. This request would not violate the spirit or general intent of the St. Croix County Zoning Ordinance. Kennels are allowed in the Ag Residential District with a special exception permit provided all standards can be met. The kennel is secondary to the principal use of the property as the applicants' residence. The surrounding area features primarily agricultural use with limited, low-density residential development, none of which is in close proximity to the existing kennel. With conditions limiting the number of adult dogs one year of age and older on the site to no more than 60 at any given time, and ensuring that the future outdoor run areas are buffered by vegetation to reduce noise and visibility, the rural character of the area would be preserved area and the kennel would not be substantially adverse to property values in the surrounding neighborhood. 12. The applicants currently stockpile dog waste and cedar bedding on a concrete pad located approximately 150 feet from Blue Creek, a small trout stream that bisects the property. The waste is spread in horse pastures on the property that directly abut and drain to the creek. Blue Creek. With conditions requiring the applicants to store all dog waste and bedding in enclosed containers and have it hauled off-site to an appropriate facility OR store all dog waste and bedding on an impervious surface and spread and incorporated on the eight acres of fallow fields located above the slope along the northern portion of the property, this request would not be contrary to the health, safety or general welfare of the public; and negative impacts to the water quality and ecology of Blue Creek would be minimized consistent with the Shoreland and Floodplain Districts and the County's goals and objectives for protecting primary environmental corridors. 13. With conditions to limit the number of adult dogs one year of age and older on the site to no more than 60 at any given time, and ensure that the future outdoor run areas are buffered by vegetation to reduce noise and visibility for adjacent properties, negative impacts and potential nuisance factors would be minimized. 14. At the hearing on October 25, 2007, the applicant testified that she had approximately 61 adult dogs, including breeding females, breeding males, and non-breeding adults. She also testified that eight acres of fallow fields located above the slope along the northern portion of the property could be used for spreading the dog waste. The St. Croix County Board of Adjustment makes the following findings of fact and conclusions of law pertinent to the after-the-fact variance request for a dog kennel to encroach within the required setback: 15. The applicants filed an application with the Board of Adjustment for an after-the-fact variance to the 700-foot setback required for kennels in the Ag-Residential District pursuant to Section 17.15(6)(f) of the St. Croix County Zoning Ordinance. 16. The existing kennel facilities meet the 700-foot setback from the property lines to the west and to the south, but not to the north and east. The barns housing the breeding pairs are located approximately 67 feet from the closest neighboring property line to the east and approximately 400 feet to the property line to the north. The residential walkout housing the birthing mothers and puppies is located approximately 500 feet from the closest property line to the north and approximately 400 feet from the closest property line to the east. The proposed outdoor run areas for the breeding adults will encroach approximately 10-20 further into the required setbacks to the north and east. 2 17. Granting the variance to the 700-foot setback would not violate the spirit and intent of the Ordinance, the primary purpose of which is to protect neighboring properties from negative impacts and nuisance factors such as noise, smell, and visibility of dogs on the site. The kennel operation has existed on the site for approximately 10 years with no complaints from neighboring property owners until this year. The applicants' property is well screened and buffered from adjacent properties to the north by a limestone cliff and steep slopes that are heavily wooded with mature evergreens. The property to the east features cattle pastures with similar site characteristics and physical limitations that would appear to limit future residential development on the property, and no existing residences. No neighboring existing residences appear to be located within 1000 of the kennel facilities as measured from the County's aerial photos. With the conditions listed in Finding #12 above, negative impacts to adjacent properties and potential nuisance factors would be minimized. 18. When determining whether an unnecessary hardship exists, the Board of Adjustment must identify unique physical characteristics of the property that would otherwise prohibit the applicant from using the property for a permitted purpose, and then weigh the burden placed on the applicant in meeting the requirements of the Ordinance against the public interests being protected. In this case, literal enforcement of the Ordinance would not allow the applicants to be able to use their property for a permitted purpose. The dimensions and unique physical characteristics of the 48.27-acre lot, including the floodplain of Blue Creek to the south and steep slopes over 25 percent to the north, severely limit the placement of a kennel on the property in a manner that would meet the 700-foot setback on all sides. The existing kennel facilities are currently located in the only buildable area on the parcel. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's after-the-fact special exception and variance requests, with the following conditions: 1. This special exception permit and variance allows the applicants to continue breeding, raising and selling puppies on the site as indicated in the plans submitted for the existing kennel operation, and as provided in the conditions below. As part of this approval, the applicants cannot have more than 60 adult dogs one year of age and older on the site at any given time. The applicants shall reduce the current number of adult dogs to 60 by no later than December 31, 2007, and shall notify the Zoning Administrator when this has been done. Approval for this special exception permit does not include any additional dogs, pets, structures, services, or other activities. 2. The applicants shall be responsible for complying with any other local, state, or federal pen-nit requirements, licenses and approvals. 3. Within 30 days of this approval, the applicants shall submit to and have approved by the Zoning Administrator a management plan for all dog waste and bedding. As part of the plan, the applicants shall either agree to store all dog waste and bedding in enclosed containers and provide documentation to verify that it will be hauled off-site to an appropriate facility OR store the waste on an impervious surface and apply the waste on the eight acres of fallow fields located above the slope along the northern portion of the property upon approval from the Land and Water Conservation that the field is suitable for utilizing the waste. 4. Normal hours of operation shall be limited to 10:00 AM to 6:00 PM M - F, and 10:00 AM to 8:00 PM Saturdays and Sundays. No dogs and puppies shall be in outside enclosures beyond dawn to dusk. 5. 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. 3 i 6. The applicants shall have no more than one employee in addition to themselves. 7. The applicants shall be responsible for keeping the property in a neat and orderly manner. 8. All lighting associated with the kennel shall be downward directed and shielded away from neighboring properties to prevent glare. Only lights on the building or building overhangs at a level not to exceed the height of the lowest eaves may be left on overnight for security purposes. 9. No additional signs are approved as part of this permit. Any future signage shall require prior review and approval by the Zoning Administrator pursuant to the St. Croix County Sign Ordinance. 10. The applicants shall be responsible for contacting the Zoning Administrator to review this special exception permit in two years from the approval date for compliance (October 2009). These conditions may be amended or more conditions may be added if unanticipated circumstances arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be changed without notice to the applicant and opportunity for a hearing. 11. Any minor change or addition to the kennel operations, including but not limited to a change in use or facilities, or the addition of services or staff shall require prior 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. 12. Accepting this decision means that the applicants and all property owners have read, understand, and agree to all conditions of this decision. The following vote was taken on the motion to approve: Chairperson Malick, yes; Nelson, yes; Struemke, yes. Luckey and McAllister were not present. 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 §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 hairpe o Date Filed: 10/28/2007 4 ST CROIX CO A A- I UNR PLANNING ZONING November 20, 2007 File Ref: SE0138 Bonnie Tennessen 3070 130"' Avenue ;5<<<><ja1-i Glenwood City, WI 54013 1<_:: Re: St. Croix County After-the - ecial Exception an V ance Follow-u Fact Sp d ari p < Parcel 34.30.15.509A, Town of Glenwood Co deAdministratr Dear Ms. Tennessen: 715-386-4680 Land Information I am writing this letter in response to your phone call to me last week, in which you inquired Planning about your special exception and variance approval, and also requested that I return the photo 715-386-4674 , < ` of the farm you submitted to me during the Board of Adjustments site visit. I have scanned the photo in for our records and enclosed the original. Real Pj 715 -4677 You should have received the Board's decision regarding your application in a letter dated It cling October 28, 2007. The decision is the Board's formal "approval" and essentially serves as -386-4675 your permit. Conditions are listed in the decision, some of which have specific deadlines and timeframes that you must meet. I have attached a copy of the formal decision for your convenience. In reviewing the conditions, I see that you have until December 31, 2007 to reduce the number of adult dogs on the site to no more than 60 per Condition #1, and that you have until November 25, 2007 to submit a management plan for all dog waste and bedding per Condition #3. Please let me know if you need additional time to meet this condition. You are responsible for meeting all other conditions throughout the duration of the operation. Please feel free to contact me with any questions. Thank you for your continued efforts and cooperation in bringing your kennel operation into compliance with the Ordinance, and for meeting the conditions of your permit. Sincerely, ennifer Shillcox Land Use Specialist/ Zoning Administrator 0*1 4x' Eric: Photo Decision Cc: Carrie Stoltz, St. Croix County Code Enforcement Technician ST. CROIX COUNTY GOVERNMENT CENTER 1 101 CARMICHAEL ROAD, HUDSON, WI 54016 7153864686 FAx PZPCO. SAINT-CROIX. W/. US %NW W. CO.SAI NT-CROIX.W. US