HomeMy WebLinkAbout002-1049-10-100 SICROUN
1116#
PLANNING & ZONING
February 28,2013 File Ref: SE87751
Darren Lee
Udder Lee Dairy,Inc.
878 240th Street
Baldwin,WI 54002
Code Administratio,a Re: St.Croix County Special Exception Request
715-386-4680 Parcel#21.29.16.304A10,Town of Baldwin
Land Informati.y`& Dear Mr.Lee:
Planning
715-3864 The St. Croix County Board of Adjustment(Board)has reviewed your request for the following item:
Re. roperty Special exception request to operate major home occupation for repair of small engine vehicles
71,4-386-4677
(ATV) in an accessory building in the Ag-Residential District pursuant to Section 17.155(6)(a)and
Rcling standards in Section 17.155(6)(d)of the St. Croix County Zoning Ordinance.
7 86-4675
After the hearing on February 28, 2013, the Board approved the special exception request with
conditions.The enclosed document is the formal decision regarding your variance request.
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.
Pamela Quinn
Land Use Specialist
Enclosure: Formal Decision
cc: Clerk,Town of Baldwin
Sr.CROIX COUNTY GOVERNMENT CENTER
1101 CARMICHAEL.ROAD,HUDSON, W/ 54016 715386-4686 FAX
PZ@CO.SAINT-CRO/X.WI.US WWW.CO.SAINT-CROIX.WI.US
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FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST.CROIX COUNTY,WISCONSIN
File Number: SE87751
Applicants: Udder Lee Dairy, property owners,Darren Lee, agent
Parcel Number: 21.29.16.304A10
Complete Application Received: January 5, 2013
Hearing Notice Publication: Weeks of February 11 and 18,2013
Hearing Date: February 28,2013
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony,considered the entire record herein,and visited the site,the Board of Adjustment makes the
following Findings of Fact and Conclusions of Law pertinent to the applicant's special exception request:
1. The applicant is Udder Lee Dairy,property owner,with Darren Lee acting as agent.
2. The site is located on the N ''A of NE 'A of the NE'A of Section 21,T29N, R16W,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 small engine(ATV, snowmobile, motorcycle)repair business in the Ag Residential district
pursuant to Section 17.155(6)(a)and standards in Section of 17.155(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 major
home occupations may be allowed in the Ag Residential District with a special exception permit. Granting this
request will allow for the existence of a small, locally-owned and operated business. The applicant will eventually
build a home and reside on the site and the primary use and appearance of the lot will remain combined
agricultural and residential in nature. With conditions that all repairs and storage of all customer vehicles be kept
inside within the 1000 square foot allowed space,the location of this ATV repair shop will not detract from the
residential appearance of the property.
5. With conditions to have barrels used to contain waste oil,transmission fluid,and coolant/antifreeze stored on a
non-pervious surface and have a method of spill containment,this request would not have negative impacts on the
health, safety or general welfare of the public.
6. There is no plan for sanding or other dust-generating operations at the shop,therefore this request would not
constitute a nuisance by reason of dust. The engine repair operation will not generate a significant amount of
smoke or odors. Noise would not be a problem with conditions that the ATV repairs do not go beyond 5:00 pm
and all work is being done inside the building.
7. The repair shop will be housed in a building to be constructed approximately 500 feet south of 90th Ave.,which
will be greater than 500 feet to the nearest residence on the north side of 90th Ave. There is an existing tree line
along the west side of the property and the pole building will blend in with other agricultural-related structures in
the vicinity. Baldwin Town Hall will be approximately 1000' to the northeast. With the addition of landscaping
and indoor storage of equipment awaiting repair,this request would not negatively impact the property values for
nearby residences.
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8. The lights on the accessory structure will be similar to outdoor security lights used by existing residences. With a
condition that lights are directed downward so they don't shine into neighboring residences or onto the road,the
request will not be a threat to public health and safety or create a nuisance.
9. There will be adequate parking areas for customers that will be dropping off their ATV or small engine vehicle for
repair, with minimal traffic to and from the structure from 90th Ave.
10. The Town of Baldwin submitted a written recommendation of approval for the Board's consideration.
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 applicant to conduct a major home occupation in an accessory building in
the Ag. Residential district. Approval for this special exception permit does not include any additional uses,
structures related to the business,or other activities.
2. The applicant shall be responsible for securing all other necessary local, state, and federal permits and approvals.
Applicant shall submit approved plans for the floor drain system showing that it meets all legal requirements.
3. All repairs shall be conducted inside the accessory structure. All operations and storage shall be inside within the
1000 square foot allowed space.
4. There shall be barrels to contain waste oil,transmission fluid,brake fluid, power steering fluid and antifreeze that are
stored on impervious surface and spill containment provided. These shall be emptied and disposed of in compliance
with all state and federal laws by licensed haulers.
5. Hours of operation shall be 8am to 5pm Monday through Friday.
6. Existing screening shall be maintained.
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 pursuant to Section
17.65 of the county ordinance.
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 principal and accessory buildings and property shall be maintained in a neat and orderly manner.
11. The applicant shall contact the Zoning Administrator to review this special exception permit in two years from the
approval date to verify compliance with the conditions of this approval.
12. 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.
13. This special exception permit is only for Darren Lee for conducting business at this 90th Avenue address in the
Town of Baldwin and is not transferable to any other property or address. No more than one additional worker or
employee is allowed .
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S I
14. 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 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.
15. 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 the request: Nelson,yes; McAllister, absent; Hurtgen, absent; Peterson,yes;
Chairman Malick,yes. 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 Community Development 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: `� ' 711-4/1C-C% (P47)
Clarence W. "Buck"Malick, Chairman
Date Filed: February 28,2013
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21, 21 , /t, 30'/4-I6 002 lUti 7 -- is- Are)
State of Wisconsin Scott Walker,Governor
DEPARTMENT OF NATURAL RESOURCES Stepp,Secretary 1 W Cathy 101 S.Webster Street pp
Box 7921 Telephone 608-266-2621 w w
Madison WI 53707-7921 FAX 608-267-3579 WISCONSIN'—
�' j v L+� TTY Access via relay-711 DEPT.OF NATURAL RESOURCES
GG/1
August 5,2013 AUG 07 7-1313 Project No. S-2013-0390
ST CROIX COUNTY
Mr. Bryan Harnisch
Harnisch,Inc.
E1221 State Road"64"
Downing,WI 54734
Sub: Holding Tank Installation For Motor Repair Shop For Darren Lee-- Baldwin,WI
Dear Mr.Harnisch:
I have received and reviewed your recent transmittal of completed WDNR form 3400-185 in reference to
your proposal for installation of a new wastewater holding tank to serve the small motor repair shop for Mr.
Darren Lee located at 2381 90th Avenue,Baldwin, WI. According to your transmittal,the proposed holding
tank will be used to store non-domestic wastewater,and the stored wastewater will be hauled by Berend's
Sanitary to the Baldwin municipal wastewater treatment facility for ultimate treatment/disposal. Based on
this review,the proposed holding tank installation is acceptable to the Department of Natural Resources.
As part of this acceptance,please also review and discuss the conditions of approval as outlined on page
3 of WDNR form 3400-185 with the owner prior to installation/startup of the proposed holding tank.
If any questions concerning this acceptance notice,please contact Steve Smith,WDNR Madison office,
608/266-7580.
Sincerely,
Stephen J. Smith,P.E.
Wastewater Section
Bureau of Water Quality
Cc: Mr.Darren Lee -- 2381 90th Avenue,Baldwin,WI 54002
---- Mr.Kevin Grabau— Admin., St. Croix County Zoning Dept., 1101 Carmichael Rd.,
Hudson,WI 54016
Pete Skorseth-- Baldwin Service Center
dnr.wi.gov
wisconsin.gov Naturally WISCONSIN Printed
Recycled
Paper
Holding Tanks For Non-Domestic Wastewater- Wisconsin DNR Page 1 of 1
ALEWisconsin Department of Natural Resources
Wastewater
Holding tanks for non-domestic wastewater
Why we regulate
earn what types of wastewater ~�
Definition of domestic and non-domestic wastewater discharges are regulated and now
Wastewaters originating from plumbing fixtures and appliances such as sanitary(toilets),bath,laundry,dish Plan Review
washing,garbage disposal,and cleaning wastewaters are defined as domestic wastewater.Wastewater from 'rte DNR reviews plans for municipal
and industrial Wastewater treatment
restaurants is also generally considered as domestic wastewater.This wastewater is typically discharged from
plant construction
dwellings and from commercial establishments and is commonly called sewage.Non-domestic wastewater may
include wastewater from any other source including industries,food processing operations,vehicle service Discharge Permits
facilities,vehicle storage facilities,kennels,car washes,and milkhouses.Mixed wastewater refers to a pew 3t t sa:arre`s u;surface a
groundwators
combination of domestic and non-domestic wastewater.
Related links
Holding tanks Industrial systems
Holding tanks(of any size)that are connected to a building structure by a plumbing system,and receive only plan review
domestic wastewater,are subject to Department of Safety and Professional Services(DSPS)regulations.A m eeicipal systems
holding tank(of any size)receiving 100%non-domestic wastewater will be regulated by DNR under ch.NR 213, plan review
Wis.Adm.Code.For most applications,however,a tank designed in conformance with SPS 384.25 and other plan siov-tetteti
applicable sections of SPS 383,Wis.Admin.Code will be acceptable to DNR.A proposed holding tank receiving rn'e l.lir ctielits
mixed wastewater will be jointly reviewed by DNR and DSPS.This procedure will include a DNR"concurrence"
When is plan review
determination on whether the wastes can be land applied(via either surface or subsurface application),and required?
whether a Wisconsin Pollutant Discharge Elimination System(WPDES)permit is needed,or if the wastes should
Plan review staff
be treated at a publicly owned wastewater treatment plant.
Industrial
wastewater
The basic design and disposal requirements for the contents of holding tanks receiving non-domestic pretreatment
wastewater are addressed in DNR Form 3400-185. systerns
Sewer Service Areas
Although DSPS has regulatory responsibility for holding tanks that receive only domestic wastewater,there is
some DNR involvement with this review process.Any proposed domestic wastewater holding tank with a
design capacity greater than or equal to 3,000 gallons per day must obtain an agreement or commitment that Contact information
the wastes will be accepted at a publicly owned wastewater treatment plant in accordance with s. NR 113.07(1) For information on Holding
(e),Wis.Adm.Code.Prior to issuing plan approvals,DSPS must obtain verification from DNR that such an Tanks,contact:
agreement or commitment has been obtained.
Plan Review Engineer
608-266-7$80
Summa of Holdin• Tank Plan Review Re.uirements:
Wastewater Holding
Type Tank Design Requirements
Generates < PSPS (or_ p licabl, d_ signaled a.gent.).._P.l n.
Domestic 3,000 gallons Approval
per day (No DNR involvment)
Generates > DSPS (or applicable designated agent) Plan
or = 3,000 Approval, but DSPS must obtain verification from
Domestic gallons per DNR that there is an agreement of commitment
day that tank contents will be disposed of at a publicly
owned wastewater treatment plant.
Non-Domestic Any Size WDNR Plan Approved
Submit DNR.Form No.. 3400-185.,2pu
Mixture of Submit DNR Form No. 3400_-185..INO'.1 to DNR for
Domestic and Any Size "concurrence" review/determination and obtain
Non-Domestic DSPS Plan Approval
For systems receiving 100%Non-Domestic wastewater the owner or installer may proceed with construction immediately upon submittal of the Form
3400-185 if an approval can be granted as specified in Part IV of the Form.But if Form 3400-185 specifies the inclusion of plans with the submittal(per
http://dnr.wi.gov/topic/wastewater/holdingtanks.html 3/13/2013