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HomeMy WebLinkAbout002-1006-60-100 ST. CROUN-11 C • Planning & Land InfoLand Use rmation Resource Management \,Community Development Department A%~ May 28, 2013 File Ref: SE87787 ' Robert Otis 1177 235th Street Baldwin Wl 54002 Re: Special exception permit for a major home occupation located in section 4, T29N, R16W in the Town of Baldwin. Dear Mr. Otis: The St. Croix County Board of Adjustment (Board) has reviewed your application for a special exception permit for a major home occupation located at the property referenced above. After the hearing on May 23, 2013 the Board approved your special exception request with conditions. The enclosed document is the formal decision regarding the applications. 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: Jim Harer, Baldwin Town Clerk, 1061 245th Ave, Woodville, W154028 File Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, W/ 54016 Fax 715.386.4686 www.sccwi. us/cdd www.facebook.com/Stcroixcountyw i cdd @co.saint-croix. wi. us FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE87787 Applicant: Robert Otis Location: Section 4, T29N, R16W in the Town of Baldwin Hearing Notice Publication: May 6 and 13, 2013 Hearing Date: May 23, 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 Robert Otis. 2. The site is located at 1177 235`b Avenue in the NW 1/4 of the NE 1/4 of section 4, T29N, RI 6W, Town of Baldwin, St. Croix County, Wisconsin. 3. The applicant filed with the Planning and Zoning Department an application for a special exception permit for a major home occupation for a commercial kitchen, pursuant in the Agricultural district pursuant to Section 17.14 (6) (g) of the St. Croix County Zoning Ordinance. 4. The Town of Baldwin recommends approval of this request. 5. This request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that major home occupations may be allowed in the Agricultural District with a special exception permit as long as they are agriculturally related activities. Since some of the wheat and meat is grown on the farm, this major home occupation would qualify as an agriculturally related activity. The applicant will reside on the lot and the major home occupation will occur in an accessory building. This property will have the appearance of a rural farm. With conditions that the entire operation including storage of equipment and products be kept inside within the 16 foot by 18 foot accessory building, the location of this commercial kitchen will not detract from the rural farm appearance of the property. 6. With conditions to bring the septic system into compliance, this request would not have negative impacts on the health, safety or general welfare. 7. With conditions to obtain any necessary permits from Ed Thurman, St. Croix County Environmental Health Specialist, this request would not be detrimental to public health and safety. 8. This request won't be a nuisance since there will be minimal dust, smoke, odors and noise. 9. This proposed kitchen will be approximately 1200 feet to the nearest residence and will be situated within several other agricultural buildings and the house as well as some trees. There will be no change in the appearance of this property from the road or neighboring properties. 10. The only lights on the accessory structure are similar to lights placed on a residence. The current lights don't shine into the neighboring residence or onto the road, and therefore are not a threat to public health and safety or create a nuisance. 11. The pizzas will be delivered by the applicant to the farmers market so there is no need for customer parking. 12. The only employees will be family members. 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 conduct a major home business in an accessory building in the Agricultural district. Approval for this special exception permit does not include any additional uses, structures, or other activities. No sales are permitted on site, all sales are to be at the farmers market. 2. The applicant shall be responsible for securing all other necessary local, state, and federal permits and approvals. 3. The kitchen operation shall be conducted inside the 16 foot by 18 foot accessory structure. 4. Prior to commencing operations, the septic system shall be brought into compliance. 5. Applicant shall work with Ed Thurman on the commercial kitchen requirements and obtain any required permits. 6. Existing trees shall be maintained to provide screening. 7. Lighting must be downward directed and shielded away from neighboring properties. In addition, lighting must be no higher than the lowest eaves of the buildings. 8. No signs are approved as part of this permit. Any future signage will require a sign permit. 9. 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. 10. All buildings and property shall be maintained in a neat and orderly manner. 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. This special exception permit is only for Robert Otis at the 1177 235`b Street address in the Town of Baldwin and is not transferable to any other person or address. 13. 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 2 0 0 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. 14. 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. The following vote was taken to approve: Chairperson Malick, yes; Peterson, 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. NING BOARD OF JUSTMENT Signed: Clarence W. Malick, Chairperson Date Filed: 05/28/13 3