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HomeMy WebLinkAbout008-1028-50-000(2) Land Use ST. CROI.. T Y . Planning & Land Information Resource Management Community Development Department July 1, 2013 File Ref: SE87381 ~ ' Keith Tollefson c 451 County Road BB c C Woodville WI 54028 Re: Request to amend a special exception permit for a contractor's storage yard, located in section 10, T28N, R19W, Town of Eau Galle. Dear Mr. Tollefson: The St. Croix County Board of Adjustment (Board) has reviewed your application to amend a special exception permit for a contractor's storage yard at the property referenced above. After the hearing on June 27, 2013, the Board approved the special exception request with conditions. The enclosed document is the formal decision regarding the application. You must obtain any other required local, state, and federal permits and approvals. Should you have any questions or concerns, please contact me at 715-386-4680. Sincerely, Alex Blackburn Land Use and Conservation Specialist Enclosure: Formal Decision cc: William Peavey, Eau Galle Town Clerk, 2530 County Road N, Woodville, WI 54028 Todd Andrle, PO Box 66, Roberts WI 54023 Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, Wl 54016 Fax 715.386.4686 www.sccwi. us/cdd www.facebook.com/s`tcroixcountvw i cdd @co.saint-croix. wi. us 0 0 FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE87381 Applicant: Keith Tollefson Location: Section 10, T28N, R16W, Town of Eau Galle Complete Application Received: May 6, 2013 Hearing Notice Publication: June 10 and 17, 2013 Hearing Date: June 27, 2013 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 for the special exception; 1. The applicant is Todd Andrle, General Manager of Midwest Star Group LLC, agent for property owner Keith Tollefson. 2. The site is located in the NE 1/4 of the SW 1/4, Section 10, T28N-R16W, Town of Eau Galle. 3. The applicant filed an application with the Board of Adjustment to amend a special exception permit to add one tow truck to an existing towing business pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance. 4. This request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that contractor's storage yards are allowed in the Ag Residential district. 5. The vegetation on the north, east and south sides provides adequate screening on 3 sides of the operation. The west side of the operation has some trees along the approximate 1300 foot driveway that provides screening to County Highway BB. Therefore this request would not be detrimental to property values in the area. The tow operation is not visible from the road or any neighbor. 6. The 36 foot by 40 foot building where the tow trucks may be stored has a concrete floor with no floor drains and no wastewater generated. The parking lot adjacent to the building is paved. These impermeable surfaces will prevent any automotive fluid leaks from entering the groundwater Therefore this request will not affect public health, safety and welfare of the neighborhood. 7. With conditions to maintain the property in a neat and orderly manner, this request will not substantially affect property values. 8. Given the distance to County Road BB and adjoining houses, the operation of a tow truck for 24 hours per day 7 days per week will generate minimal noise. Therefore this request will not be a nuisance by reason of noise. 9. With conditions on the hours of operation for vehicle owners to stop by and pick up their cars, directing any lighting toward the ground and the fact that no manufacturing, retail services or other services will take place on this site, this request does not constitute a nuisance by reason of noise. There will be no dust, smoke or odors from this operation. 10. The Town of Eau Galle will have this item on their July 2013 agenda. 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 request, with the following conditions. 1. This special exception permit allows the applicant to expand their towing business by adding one additional large or small tow truck to the existing fleet of three medium duty tow trucks. Approval for this special exception permit does not include any additional structures, services, operations, vehicles or employees not indicated in the plans. 2. The applicant shall obtain any other required local, state, or federal permits and approvals. 3. The applicant shall maintain the trees and vegetation that provide screening of the business. 4. The applicant shall be responsible for keeping the property in a neat and orderly manner. 5. Hours of operation shall be 24 hours per day, seven days a week for towing and 8:00 am to 5:00 pm Monday through Sunday for customers to pick up their vehicles. 6. All lighting associated with the business shall be illuminated downward and shielded away from neighboring properties to minimize glare. 7. No manufacturing, retail services or other services shall take place on this site. 8. On site storage of any towed vehicles shall be temporary, not to exceed 72 hours, and stored inside the 30 foot by 40 foot shed. 9. The applicant shall come back in two years to have this permit reviewed by the Board of Adjustment. This will be an agenda item only and not a public hearing. 10. Any minor change or addition to the project, including but not limited to design of the project, shall require review and approval by the Planning and Zoning Department prior to making the change or addition. Any major change or addition to the originally approved plan, including, but not limited to the addition of another business will have to go through the special exception approval process. 11. 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. 12. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision and has no objections if Community Development staff conducts unannounced onsite inspections to check for compliance with the conditions of this permit. 13. The town or any other party may request a reconsideration by submitting a written request. The request must contain new information and must be filed 15 days prior to the next Board of Adjustment meeting date. 2 0 0 The following vote was taken to approve: Chairperson Malick, yes; Peterson, yes: McAllister, yes; Sontag, yes; Nelson, yes; All vote yes Motion carries 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(l 0), 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. Z G ;01 OAD Signed: arence . Malick, Chairperson Date Filed: 07/01/13 3