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HomeMy WebLinkAbout018-1000-20-110 (2) SJOCROXCO PLANNING ZONING Apnl 1, 2008 File Ref. SE0156 Thomas and Chen Morton 1183 205t" Street Baldwin, WI 54002 Re: St. Croix County After-the-Fact Special Exception Requests Parcel 01.29.17.2A-10, Town of Hammond Code Administratfft. Dear Mr. and Mrs. Morton: 715-386-4680 Land Information The St. Croix County Board of Adjustment (Board) has reviewed your requests for the Planning following items: 715-386-4674_,„ sT" Item #1: After-the-fact special exception permit for limited commercial recreational Real Proiry activities in the Ag Residential District pursuant to Section 17.15(6)(m) the St. Croix 7155-4677 County Zoning Ordinance. R`cling -386-4675 Item #2: After-the-fact special exception permit for exceeding one animal unit per acre suitable for waste utilization 1 the Ag-Residential District pursuant to Sections 17.12(12)(d) and 17.15(6)(u) of the St. Croix County Zoning Ordinance. After the hearing on March 27, 2008, the Board approved both requests with conditions. The enclosed document is the formal decision regarding your application. It is your responsibility to obtain any other required local state and federal permits and approvals. F Please feel free to contact me with any additional questions or concerns. Sincerely, M2%` Jennifer Shillcox a F}2~;~ Land Use Specialist/ Zoning Administrator Enclosure: Formal Decision cc: Clerk, Town of Hammond Steve Olson, St. Croix County Land and Water Conservation Department ST. CROIX COUNTY GOVERNMENT CENTER 1101 CARMICHAEL ROAD, HUDSON, Wi 54016 7153864686 FAX PZ@CO.SAINT-CROIX. W. US W W4V.CC.SAINT-CRCIX.WI.US 1 a 0 FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File Number: SE0156 Applicants: Thomas and Cheri Morton, property owners Parcel Number: 01.29.17.2A-10 Complete Application Received: February 4, 2008 Hearing Notice Publication: March 9 and 16, 2008 Hearing Date: March 27, 2008 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and visited the site, the Board makes the following Findings of Fact and Conclusions of Law pertinent to both of the applicant's after-the-fact special exception requests (Items #1 and #2): 1. The applicants are Thomas and Cheri Morton, property owners. 2. The 11.32-acre site is located at 1183 205t" Street in the NW t/4 of the NE '/4 of Section 1, T29N, R17W, Town of Hammond, St. Croix County, WI. 3. The applicants' property is zoned Ag Residential and is adjacent to Pine Lake County Park to the north. 4. The Town of Hammond recommends approval of these special exception requests. 5. The Land and Water Conservation Department has reviewed the application and visited the site, which is located adjacent and parallel to a road ditch that drains directly to Pine Lake and Pine Lake County Park. The Department recommends that the applicants install a 40-foot wide vegetative filter strip along the north property line adjacent to the ditch to filter and remove sediments and nutrients from surface water runoff, and has also confirmed that the location of the temporary manure stack complies with NRCS 313 standards and that the proposed waste utilization plan is adequate. 6. The applicants have submitted e-mails from three of their clients in support of the requests due to benefits to individuals, horses, and the community. At the hearing on March 27, 2008, the applicants submitted additional letters and e-mails in support of their application, and two clients also testified in support. One adjoining property owner has e-mailed staff in opposition to the requests with concerns regarding spring runoff to Pine Lake, general appearance of shelters on the property, and the proximity of a limited commercial use with increased traffic to Pine Lake. On the site visit on March 28, 2008, the Board observed that the shelters appeared to be unfinished and unpainted. 7. On the site visit on March 28, 2008, the Board observed that the majority of the pastures sloped steeply to the ditch. The Board observed large quantities of horse manure in the pastures. The Board also observed runoff from the pastures draining along two rills into the ditch, and flowing through the ditch and culvert that leads to Pine Lake. 8. The applicants' lot is within the Shoreland Overlay District of Pine Lake. It is also located within a primary environmental corridor as identified by the St. Croix County Development Management Plan 2000-2020. A County park is located along the lake due in part to the value of the lake as an important fishery. Conservation easements have also been established by residents along large portions of the shoreline to protect the special features of the lake and the primary environmental corridor. 9. At the hearing on March 27, 2008, the applicant testified that she no longer intends to conduct retail sales (on the site or on the internet). The applicant also testified that in the current market, it would take time to reduce the number of animal units on the site. l r Item #1 (Limited Commercial Recreational Activities): , The Board makes the following Findings of Fact and Conclusions of Law pertinent to the applicant's after-the-fact ' special exception request for limited commercial recreational activities (Item #1): 10. The applicants filed an application with the Board of Adjustment for an after-the-fact special exception permit for limited commercial recreational use of their 11.32-acre parcel in the Ag Residential District pursuant to Section 17.15(6)(m) of the St. Croix County Zoning Ordinance. Specifically, the applicants wish to continue providing free therapeutic horse-riding lessons to special needs children and adults, general horse-riding lessons, horse rescue and rehabilitation services, and group visits and horse boarding at their farm, Pine Lake Pastures. 11. The proposed activities meet the criteria for limited commercial recreational activities pursuant to Section 17.15(6)(m) of the Ordinance since they are subordinate to the primary agricultural use of the applicants' property and surrounding properties. The applicants reside on the site and keep their own horses and other domesticated animals including goats, chickens, and ponies. The appearance of the property is and will remain agricultural and is not likely to attract other related commercial uses. Furthermore, the site is surrounded by existing agricultural fields and not located directly on a major highway or commercial corridor. However, the site is located at the entrance to Pine Lake County Park and is highly visible to park visitors. 12. The proposed activities will not violate the spirit and intent of the Ordinance. The Ag Residential District was created to establish areas within which agricultural uses, commercial uses serving agriculture, compatible limited commercial and institutional uses, and residential uses may be located. 13. The proposed activities will not negatively impact the health safety or general welfare of the public, nor will they be substantially adverse to property values in the neighborhood. The free therapeutic sessions and riding lessons provides many amenities to residents in the area and to the general public. With conditions requiring adequate off-street parking, improving the appearance of the horse shelters, limiting noise, restricting horse riding on neighboring property, installing vegetative filter strips along the northern boundary of the property to filter nutrients and sediments before entering Pine Lake, and reducing the number of animal units on the site, the potential negative impacts on surrounding properties and public resources can be mitigated. 14. With conditions for proper manure management, limiting the hours of activities and noise on the site, properly surfacing all main driving surfaces and parking areas, restricting lighting, and reducing the current number of animal units on the site, the proposed activities will not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors. 15. The proposed activities will meet several goals and objectives of the St. Croix County Development Management Plan by diversifying the economy, providing employment opportunities, and encouraging the development of appropriate private recreational facilities. Item #2 (Exceeding 1 Animal Unit/Acre): The Board makes the following Findings of Fact and Conclusions of Law pertinent to the applicant's after-the-fact special exception request for exceeding one animal unit per acre (Item #2): 16. The applicants filed an application with the Board of Adjustment for an after-the-fact special exception permit for exceeding one animal unit per acre suitable for waste utilization in the Ag-Residential District pursuant to Sections 17.12(12)(d) and 17.15(6)(u) of the St. Croix County Zoning Ordinance. 17. The applicants own an 11.32-acre parcel, 10 acres of which are suitable for waste utilization. The applicants currently have 17 animal units (including horses, ponies, chickens, and goats) on the site and wish to be able to keep this number of animal units on the site in the future. According to the application, the applicants do not anticipate the need to exceed this number in the future because it is the maximum number they can afford and because they are regularly seeking homes for the rescued horses to keep the number and expenses down. 18. The existing temporary manure stack complies with NRCS 313 standards and the applicants propose a manure management plan that complies with NRCS 590 and NR 151 standards. 19. All barns used to house animals meet the applicable setbacks for structures housing one or more animal units. 20. With conditions for establishing a vegetative filter strip along the northern boundary of the property, properly managing manure in accordance with NRCS 313, NRCS 590, and NR 151 standards, and reducing the number of animal units on the site, this request: • will not violate the spirit and intent of the Ordinance by minimizing the risk of water pollution from excessive phosphorous and other nutrients entering ground water and the local surface watershed, • will not negatively impact the health, safety or general welfare of the public, nor will it be substantially adverse to property values in the neighborhood, and • will not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors, since manure will be stored and disposed of properly. I DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved both after- the-fact special exception permits (Items #1 and #2), with the following conditions: 1. This after-the-fact special exception approval allows the applicants to continue providing free therapeutic horse-riding lessons to special needs children and adults, general horse-riding lessons, horse rescue and rehabilitation services, group visits, and horse boarding at their farm, Pine Lake Pastures, in accordance with the plans submitted and as provided in the conditions below. As part of this approval, the applicants shall be allowed to keep up to 17 animal units on the site to be reduced by two animal units per year over the next three years to achieve a maximum of 11 animal units on the site thereafter. This approval does not include any additional uses or activities. 2. The applicants shall also be responsible for obtaining any other necessary local, state, or federal permits and approvals. 3. Within 30 days of this approval, the applicants shall record an affidavit against the property referencing this special exception decision and provide a recorded copy to the Zoning Administrator. The intent is to make future owners aware of the responsibilities and limitations associated with the property. 4. Within 30 days of this approval, the applicants shall post signs on their property alerting riders not to trespass on neighboring public or private properties. 5. Within 30 days of this approval, the applicants shall submit signed documentation from all parties removing manure from their site indicating the frequency of removal, general timelines for removal, and amounts of manure removed. The applicants shall continue to compost manure in the designated area and have it removed from the site as indicated in the manure management plan. Manure management shall continue to comply with NRCS 313, NRCS 590, NRCS 635, and NR 151 standards. V/ 6. No later than August 31, 2008, the applicants shall establish a permanent vegetative filter strip along the northern boundary of the pastures extending 40 feet from the top of the bank of the ditch that parallels the applicants' property. The filter strip shall be fenced off and designed using the specifications outlined in the NRCS Conservation Practice Standard Code 393. The filter strip shall maintain a minimum of six inches of vegetation. The purpose of the filter strip is to protect the water quality of Pine Lake by filtering and removing sediments and nutrients from surface water runoff. 7. Of the approximately eight acres of pasture, the applicants may keep one animal unit per acre at any given time only if self-sustaining vegetation is maintained. No more than four animal units may be kept in each dry lot (areas not supporting permanent vegetation) and manure must be removed weekly from the dry lots as weather allows. 8. The applicants shall be responsible for maintaining adequate off-street parking for all activities and events throughout the duration of the operation. The applicant shall be responsible for maintaining a gravel surface on all driving surfaces. r 9. The applicants shall be responsible for maintaining the property in a neat and orderly manner. All unattached horse shelters on the property shall be painted brown no later than July 31, 2008. The shelters and all other structures on the property shall be maintained in a manner that does not detract from the scenic beauty of the area and enjoyment of visitors to Pine Lake County Park. 10. Besides the existing single-family residence, no other buildings on the property shall be used as habitable structures. 11. Hours of operation, other than for normal facility maintenance and animal husbandry, shall not extend beyond the hours of 8:00 AM - 10:00 PM. 12. Upon complaints of regularly occurring, excessively loud noise at any time, the applicants shall work with the Zoning Administrator to abate the noise problem. In the event that the matter cannot be resolved administratively, the matter shall be taken before the Board of Adjustment at a public hearing. 13. Current signage shall not exceed the existing wooden entrance sign. Any future incidental signs shall comply with the sign standards and permitting requirements in Section 17.65 of the Ordinance. 14. All future lights on the site must be downward directed and shielded away from neighboring properties to prevent glare. Only lights on the buildings or building overhangs at a level not to exceed the height of the lowest eaves may be left on overnight for security purposes. 15. Retail sales shall be limited to horse supplies and tack for the clientele of the lessons and therapy sessions. 16. Vehicle maintenance involving fluids shall be conducted on an enclosed impervious surface with no floor drains. 17. Any minor change (or addition) in expansion of the facilities, including but not limited to building additions, hours of operation, or a nutrient management plan, shall require prior review and approval by the Zoning Administrator. Any major change and/or addition to the originally approved plan will go through the special exception approval process, where applicable, as stated in the Ordinance. 18. Failure to comply with the conditions of this approval within the timeframes stipulated shall be grounds for revocation and forfeiture of the sureties. If the special exception permit is revoked, the applicants will be required to secure a new special exception permit to continue the activities. 19. The applicants shall contact the Zoning Administrator to review this special exception permit annually (March of each year) for compliance with the conditions of this approval. At these times, the applicants shall also submit to the Zoning Administrator proof of manure removal activities. 20. Any change in ownership or management shall require prior notification to the Zoning Administrator. The new owner or manager shall submit to and have approved by the Zoning Administrator a signed statement indicating understanding and acceptance of the terms of the special exception permit, as well as a plan of operations to ensure that all Ordinance requirements and conditions of this permit are met. The Zoning Administrator may determine that additional special exception approval is necessary. 21. These conditions may be amended or additional 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 amended or added without notice to the applicants and an opportunity for a hearing. 22. Accepting this decision means that the applicants have read, understand, and agree to all conditions of this decision. The following vote was taken to approve: Chairperson Malick, yes; Luckey, yes; McAllister, yes; Struemke, yes. Nelson was 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 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: lcJ Date Filed: 04/01/08 Clarence W. Malick, Chairp 11111111111111111111111111111111111111111111 IN * 8 7 3 4 1 5 2 St. Croix County 873415 • AFFIDAVIT OF VEGETATIVE STRIP ' MANAGEMENT & MAINTENANCE KATHLEEN H. WALSH Document dumber Document Title REGISTER OF DEEDS ST. CROIX CO., WI RECEIVED FOR RECORD - 04/24/2008 10:OOAM AFFIDAVIT t EXEMPT # REC FEE: 13.00 PAGES: 2 Ep MAY 0720 sT ~ 08 Recording Area Name & Return Address: Tom & Cheri .Morton 1183 205" St. Baldwin, 61!154002 St. Croix County AFFIDAVIT OF VEGETATIVE STRIP RFC MANAGEMENT & MAINTENANCE Document Number Document Title 414? n O sr 70006 Real Estate On ("Owner"): S~ Croix CounMo Wisconsin 20N~cikCO~ Local Municipality ("County"): ty Fic~7,r On this _24-day of April, 2008 , the Owner agrees to ensure that the storm water managementfacility(s) located on the property descri elow continue serving their intended purposes in perpetuity in accordance with the vegetative strip buffering plan and maintenance agreement, and the maximum animal unit and maintenance agreement filed as a requirement of the special exception permit approved by the Board of Adjustment on April 1, 2008, File #SE0156_, a copy of which can be obtained at the St. Croix County Planning and Zoning Department. This Affidavit applies to the following real estate, herein referred to as the "Property": Do'? /06(j -2-0-110 Parcel fN. tT town ofHannnond 1183 205`" St in the NW of the NE % of Section 1, T29N, R17W, Town of Hammond, St. Croix County Through this Affidavit, the Owner hereby subjects the Property to the following covenants, conditions and restrictions: 1. The Responsible Party shall be responsible for the routine and extraordinary maintenance of vegetative strip that is along the north property line in accordance with the operation and maintenance agreement on file at the St. Croix County Planning and Zoning Department. 2. The County, or its designee, is authorized to access the property as necessary to conduct inspections of the vegetative strip to ascertain compliance with the intent of the manure management plan and the practices and procedures prescribed in the operation and maintenance agreement. 3.° Upon notification to the Responsible Party by the County of maintenance problems that require correction, the specified corrective actions shall be performed by the Responsible Party within a reasonable time frame as set by the County. 4. The County is authorized to perform the corrective actions identified in its inspection report or its notice if the Responsible Party does not make the required corrections within the specified time period. The costs and expenses of such corrective actions shall be the responsibility of the Responsible Party. 5. The terms and conditions contained in this Affidavit shall run with the Property and be binding upon the successors and assigns of the parties to this Affidavit. Upon the conveyance of the Property by the Owner or by any of the Owner's successors in title to the Property, the grantor of the Property in any such conveyance shall be relieved of the obligations provided for herein. 6. The Responsible Party shall continue to maintain animal units at or below 17, keeping with the conditions in the file # SE0156. 7. The Responsible Party will be required to contact the zoning office each year in March to confirm the removal of manure as stated and the number of units on property. Dated as the first day writtteen above.Q Owner Signature(s): ~l Owner Name(s) Typed Here: Tom and Cheri Morton Acknowledgement STATE OF WISCONSIN) :ss County of St. Croix) Personally came before me this day of A rt, aOD g the above named % o YN1 CLn 4011r4-o-- to me known to be the person(s) who executed the foregoing instru vent and acknowledged the same. 'y r. S fir v F.~eaaCS } C=WI ~ %ifes:' rix J d ~ 59`: tit-orX ~ MY Cq- This document was drafted by: 1 ` •Y IYy~O~17~-!