Loading...
HomeMy WebLinkAbout018-1002-30-025 (2) S? CROIX COUNUT PLANNING ZONING March 26, 2007 File Ref: SEO110 Randall and Linda Paul 1 143 205`x' Street Baldwin, WI 54002 Re: St. Croix County Special Exception Request 715Code-A3866--4680 Administration Parcel 1.29.17.14A, Town of Hammond Land Information ; Dear Mr. and Mrs. Paul: Planning 715-386-4674 The St. Croix County Board of Adjustment (Board) has reviewed your special exception Real Property application for a major home occupation to sell bait in the Ag Residential District in the Town 715.386-4677 of Hammond. After the hearing on March 23, 2007, the Board voted to approve the request with conditions. The enclosed document is the formal decision regarding the application. Reel-cling 715-386-4675 you must obtain any other required local, state, and federal permits and approvals. Please feel fi-ee to contact me with any questions. Sincerely, Jennifer Shillcox Land Use Specialist/ Zoning Administrator Eric: Decision Cc: Clerk, Town of Hammond Dan Baumann, Wisconsin Department of Natural Resources ST. CROIX COUNTY GOVERNMENT CENTER 1 1 O 1 CARM/CHAEL ROAD, HUDSON, W1 54016 715386-400^6 FAX ~C~ S4/,1%rC',' ?_:Y_61N. C,tS 4L^N4Y FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE0110 Applicants: Randall and Linda Paul Parcel 1.29.17.14A Complete Application Received: February 1, 2007 Hearing Notice Publication: Weeks of March 5 and 12, 2007 Hearing Date: March 23, 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 findings of fact and conclusions of law: 1. The applicants are Randall and Linda Paul, property owners and operators of the proposed home occupation. 2. The site is located in the NW %4 of the SE '/4 of Section 1, T29N, RI 7W, Town of Hammond, St. Croix County, WI. The site is in the Ag Residential District. 3. The applicants filed an application with the Board of Adjustment for a special exception permit for a major home occupation to operate a bait shop in the Ag Residential District pursuant to Section 17.15(6)(r) and subject to the standards of Section 17.155 of the St. Croix County Zoning Ordinance. 4. The proposed major home occupation will occupy an area of an existing pole shed not to exceed 256 square feet. The shed currently meets the height limitations for accessory structures and all required setbacks. 5. This request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance. Major home occupations are allowed in the Ag Residential District with a special exception permit provided all standards can be met. 6. With conditions limiting the hours for the outdoor bait vending machine and restricting sales to only earthworms, waxies, leeches, and minnows and their by-products raised on the site, the proposed major home occupation meets all of the general standards for home occupations pursuant to Section 17.155(4)(a)-(h), as well as standards specific to major home occupations pursuant to Section 17.155(6)(a)-(f) of the St. Croix County Zoning Ordinance. Granting this request will allow a small, locally owned and operated business to provide bait for fishing on nearby Pine Lake, as well as wholesale bait and fertilizer products to a broader area. The proposed major home occupation will be secondary to the principal use of the property as the applicants' residence, and incidental to the agricultural use of the site for the raising of worms, waxies, leeches, and minnows, all of which are allowed as agricultural uses in the Ag Residential District. 7. With conditions requiring the applicant to follow discharge management practices as provided by the Wisconsin Department of Natural Resources and obtaining DATCP and any other required local, state, or federal approvals for the building, this request will not be contrary to the health, safety or general welfare of the public. According to the applicants, the raising and keeping of worms, waxies, leeches, and minnows will not present any health hazards to area residents, employees, or customers. 8. This request will not be substantially adverse to property values in the neighborhood. Daily traffic to the site is expected to be minimal and local traffic in the area is not expected to increase since the home occupation will target people on their way to go fishing at Pine Lake. The proposed major home occupation will be located within an existing pole shed on a residential parcel and will not detract from the rural character of the surrounding area. The outdoor bait vending machine, however, is not an item generally found in a rural residential neighborhood, and the fact that it needs to be visible to customers during the day and night presents challenges for screening. With conditions for limiting the lighting and hours of operation, and providing screening for the outdoor bait vending machine, it would be compatible with surrounding residential development. 9. An adjoining property owner testified at the public hearing in favor of the request, and another testified against it. 10. This request would not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors since no loud noises, smoke, or strong odors will be produced, and no chemicals or hazardous materials will be used or stored on the site. 11. St. Croix County is currently under a six-month moratorium that does not allow new permanent signs to be erected. The moratorium will be over on July 1, 2007, at which time it is anticipated that the County Board will enact new County sign regulations. Any signage for the business will have to comply with the new sign regulations. 12. The Town of Hammond has not submitted a recommendation on this request. 13. The Wisconsin Department of Natural Resources has reviewed the application and informed staff that it does not have any concerns regarding state water regulations. The Department has also verified that the proposed major home occupation does not require a discharge permit, but has provided discharge management practices that can be implemented to help assure that human health and the environment is protected even thought a pen-nit is not required. Finally, the Department confirmed that the applicants must purchase a bait dealer's license and that the pond on the applicants' property was completed in 2001 with a Chapter 30 permit and an agreement with the Department and the US Fish and Wildlife Service to create shallow water wildlife habitat. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's special exception request, with the following conditions: . 1. This special exception permit allows the applicants to sell only earthworms, waxies, leeches, and minnows and their by-products raised on the site, as well as containers and scoops for the products being sold from the designated 256-square foot room and outdoor bait vending machine indicated in the plans submitted by the applicant, and as provided in the conditions below. Approval for this special exception permit does not include the sale of any products not raised on the site, additional structures, services, or activities. This special exception permit shall not be transferable from person to person or address to address. 2. The Town of Hammond and any other interested party or agency may request a reconsideration of this decision 15 days prior to the next regularly scheduled Board of Adjustment meeting in accordance with the St. Croix County Board of Adjustment Rules and By-Laws. 3. Prior to commencing operation of the major home occupation, the applicants shall obtain and submit to the Zoning Administrator copies of any other required local, state, or federal permits, licenses and approvals, including but not limited to approval from the Wisconsin Department of Commerce for the building and any necessary I icenses and/or permits from the Wisconsin Department of Natural Resources. 4. Prior to commencing operation of the major home occupation, the applicants shall plant additional trees and shrubs to substantially screen all parking areas and the outdoor bait vending machine from adjacent residential properties and public roads, and submit to the Zoning Administrator photo documentation of the landscaping. This shall be accomplished with a landscaped buffer at least 10 feet in width and at least six feet in height at time of planting. The landscaped buffer shall attain 80 percent opacity at maturity. 2 5. Prior to commencing operation of the major home occupation, the applicants shall submit to and have approved by the Zoning Administrator a discharge plan consistent with the management practices provided by the Wisconsin Department of Natural Resources. This plan shall include: • An infiltration area on the site designed to handle the volume of minnow tank overflow water discharging from the perforated pipe. This will help prevent the spread of invasive species and recharge the groundwater aq u i fer. • Documentation that the use of chemical additives in the minnow tanks will be minimized. • Documentation on the handling and disposal of dead minnows to minimize the potential for nuisance odors and vector attraction, and to manage nutrients. 6. Normal hours of operation shall be limited to 8:00 AM to 10:00 PM daily. 7. 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. 8. The applicants shall have no more than one employee in addition to themselves. 9. The applicants shall be responsible for keeping the property in a neat and orderly manner. No materials or equipment, other than the outdoor bait vending machine, shall be stored outside or be allowed to accumulate on the property. 10. All lighting associated with the major home occupation 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. The outdoor bait vending machine shall not be illuminated, except indirectly by the building lights. H. No signs are approved as part of this permit. Any future signage shall require prior review and approval by the Zoning Administrator pending the new County sign regulations. 12. 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 (March 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. 13. Any minor change or addition to the major home occupation, 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. 14. 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 to approve: Zoerb, yes; Luckey, no; Chairperson Malick, yes. Nelson and Struemke not present. Motion carried. 3 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: Y4. Clarence W. M lick, Chat n Date Filed: 03/26/2007 4 1 Date: May 23, 2007 To: St. Croix County Zoning St. Croix County Government Center RECEIVED 1101 Carmichael Road Hudson, WI 54016 MAY 2 4 2007 From: Randall and Linda Paul ST. CROIX COUNTY 1143 205'' ST Baldwin, WI 54002 Re: Condition Requirements Condition #3: Enclosed please find copies of the Livestock Premise Registration, Fish Farm Registration, Bait Dealer License, and the Seller's Permit. In speaking with Lisa and Sharon at the Wisconsin Department of Commerce they explained that there is not approval, license, or a permit needed for the building. Condition #4: 4 Emerald Green Arborvitae are planted in a row each one being approximately 9 feet apart and 10 feet to the east of those trees 3 Dwarf Albert Spruce are planted alternately in the open space. The Spruce at maturity will fill the open area left by the Arborvitae. See the attached layout for positioning of trees and the sheets with the description of the trees. These trees are 6 to 7 feet tall. As an extra we added three Purpleleaf Sand Cherry shrubs directly west of the parking area. These shrubs are currently approximately 3 feet tall and 8 feet apart, but will also aid in screening the parking area. Condition #5: The infiltration area is going to be a basin that will allow for the discharge of approximately 100 gallons of water per day. We do not feel that the discharge will be close to the 100 gallons per day, however, we would like to have adequate room so the basin area will not be allowed to overflow. The basin area will be 1 foot deep by 10 feet by 13 feet. We will be alternating using water and an aerator in the minnow tanks for oxygen to eliminate the large water discharge. The soil type is Amery and the infiltration rate is %2 inch to 2 inches per hour. This is per instructions from Steve Olson, LCD. A minimal amount of water softener salt pellets will be used in the water. No other chemical additives will be used. The dead minnows will be composted or handled as a solid waste according to DNR recommendations. 1'yYd v -v- Y 'r is Wisconsin. Department of Agriculture, Trade and Consumer Protection - LI ; 0 2811 Agriculture Drive, PO Box 8911, Madison, WI 53708-8911 Expires: December 31, 2007 ~Q i Registration Number: 206837 AQ Statute: 95.60 Type 2 Fish Farm Registration Legal Name: Randall L Paul ; Business Location: Doing Business As: 1143 205th St Baldwin WI 54002 Randall L Paul - Livestock Premises Code: OOCR4GS 3 I 1.. This is your license/permitteerHficabon/registration document. Post or carry as required by law. Norrtransferrable - subject to revocation or suspension as provided by law. rRemove this card and carry as identification? tits-16.gxd (rev.06104) Wisconsin Department of RANDALL L PAUL ~i'A, Agriculture Trade and Consumer protection 1143 205TH ST BALDWIN WI 54002 Type 2 Fish Farm Registration Randall L Paul Expiration Date: Registration Number December 31, 2007 206837-AQ 1143 205th St Baldwin WI 54002 DATCP Contact Phone (608) 224-4887 Livestock Premises Code: OOCR4GS DMS-BIT-06 (01/06) r' s State of Wisconsin Jim Doyle, Governor Department of Agriculture, Trade and Consumer Protection Rod Nilsestuen, Secretary January 5, 2007 Randall Paul Four Seasons Bait 1143 205TH ST BALDWIN, WI 54002-4531 _ LIVESTOCK PREMISES REGISTRATION CONFIRMATION Thank you for registering your livestock premises with the Department of Agriculture, Trade and Consumer Protection. Your account information is below and will need to be renewed annually. Keep this letter for your records. Account Number: 51203 Livestock Premises Code: OOCR4GS Primary Premises Name/Description: Pond Secondary Location Name/Description: - Secondary Location Name/Description: - Secondary Location Name/Description: - User Name: 1 pau13054 Password: Ba540024531 P The user name and password allow you to access your account online. If you wish, you can change your password. Log in to view or update your information at: hftp:/Aovww.datcp.state.wi.us/premises/index.jsp Attached is your premises identification card. As the National Animal Identification System is developed by the. United States Department of Agriculture, you may need this card at a later date to purchase animal identification tags. Please check that the information on your card is accurate. If there are any errors on our card please contact the Department's processing agent WLIC (contact information below) within 10 business days of the date of this letter. Please call 888-808-1910 if ou have uestions. WLIC Wisconsin Livestock Premises Registration Card 135 Enterprise Dr., Suite ID Four Seasons Bait Verona, WI 53593-0230 1143 205TH ST Phone: 888-808-1910 eALDwIN, WI 54002-4531 , Fax: 6084845-1999 Livestock Premises Code: E-mail: shoon@wiid.org Date Issued: 12/21/2006 VoIW for. 2007 Agriculture generates $51.5 billion for Wisconsin 2811 Agriculture Drive - PO Box 8911 • Madison, WI 53708-8911 - 608-224-5012 Wisconsin.gov State of Wisconsin • DEPARTMENT Of REVENUE Wisconsin Seller's Permit - Personal Wallet Copy X Seller's Permit Number: 004-0002309924-01 RANDALL L PAUL Expiration Date: Jan 31 2009 1143 205TH ST Legal/Real Name: RANDALL L PAUL BALDWIN WI 54002-4531 FOUR SEASONS BAIT Signature - State of Wisconsin* DEPARTMENT OF REVENUE Registration Certificate Certificate Expiration Date: Jan 31 2009 LEGAL/REAL NAME: RANDALL L PAUL FOUR SEASONS BAIT 1143 205TH ST BALDWIN WI 54002-4531 This certificate confirms that you are registered with the Wisconsin Department of Revenue. This certificate is not transferable. If your business is not operated from a fixed location, such as craft shows, flea markets, etc., it should be displayed or carried with you to the various events. You are authorized to engage in the business activity(ies) indicated for the following tax(es). Tax Type Account Type and Number Sales & Use Seller's Permit 004-0002309924-01 Please retain as proof of registration. CERTSPWC 072303 R536 (R. 7-03) 2006 Wisconsin Department of Natural Resources Resident Class A Bait Dealer License leered: 1219l2pD6 09:46 Agent 001355 Tran#: 0250179N Terminal: 3501509 RANDALL L PAUL 1143 205TH ST Gender. M Cart BALDWIN, WI 54002 Hair: BROWN Eyes: BROWN D/L WI P40073255MI01 Hgt: 5'11 Wgt: 210 Gust 178-407-714 DOB: 02/11/1955 Approval Cost: 50.00 712 Res Class A Bait Dealer License Effective Dates: 12/19/2006 - 12/31/2007 D/B!A: FOUR. SEASONS BA!T This license allows the licensee to carry on the business of bait dealer in the amount of two thousand dollars or more each yaar in the manner provided by Wisconsin Statutes and Administrative Code. This license must be carried on person of licensee and exhibited to a conservation warden upon request. Signature V6