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HomeMy WebLinkAbout030-2029-95-000 S T. C R O 1 K-0 Land Use C • UV i,�i Y Planning&Land Information Resource Management Community Development ment Department December 23,2013 File Ref: SE88117 Brian Shelton Bridgport LLC "�t 1427 Hwy. 35/64 G' Houlton WI 54082 y Re: A special exception request for Contractors Storage Yard pursuant to Section 17.18 (9) (g). Parcel located on the NW '/4 of the SE '/4 and the SW 1/4 of the SE 1/4 of section 22,T30N,R2W,Town of St. Joseph Dear Mr. Shelton: The St. Croix County Board of Adjustment (Board) has reviewed your application for a special exception permit for a Contractors Storage Yard at the property referenced above. After the hearing on December 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, A x �l Alex Blackburn Land Use and Conservation Specialist Enclosure: Formal Decision cc: Gausman Brothers Construction, 7556 Upper 24th St.North, Oakdale MN 55128 Nicole Stewart, St. Joseph Town Clerk/Treasurer, 1337 County Road ,Hudson, WI 54016 File Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, W154016 Fax 715.386.4686 www.sccwi.us/cdd www.facebook.com/Stcroixcountvw cdd @co.saint-croix.wi.us FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST.CROIX COUNTY,WISCONSIN File: SE88117 Applicant: Brian Shelton,Bridgport LLC Agent: Kyle Gausman Location: Section 22,T30N,R20W in the Town of St.Joseph Hearing Notice Publication: December 9 and 16,2013 Hearing Date: December 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 Bridgeport LLC and the agents are Kyle and Keith Gausman. 2. The site is located in the NW 1/4 of the SE 1/4 and the SW 1/4 of the SE 1/4 of Section 22, T30N,R20W, Town of Saint Joseph. 3. The applicant filed a special exception application with the Board of Adjustment for a Contractors Storage Yard pursuant to Section 17.18 (9)(g)of the St. Croix County Zoning Ordinance. 4. Contractors Storage Yards are allowed by Special Exception permit approval in the Commercial Zoning District. 5. This request complies with Section 17.70(7)(a)since it would not be contrary public health, safety and welfare. The noise would be from some construction related equipment and wouldn't be any louder than the adjacent highway. There will be no dust,smoke or odors produced. 6. The Town of St.Joseph recommends approval of this application. 7. This request complies with the Purpose of the Commercial District since the proposed hours of operation are during the day,this request will not adversely affect the surrounding properties with excessive noise. Since this section of Highway will soon be a town road,this property is suited to the additional traffic accessing this property. This request is also consistent with the County Comprehensive Plan since it locates a new business specializing in home construction and remodeling in close proximity to a developed area. 8. The property owner to the south testified at the hearing that he did not want a privacy fence. The property owner desired that there be no visible outside storage. The Board noticed that there was little outside storage space and most of it would occur in the northeast corner where the view would be blocked by the building. 9. The applicants testified that the only outside storage they required was for vehicles,a dumpster and additional temporary storage not to exceed 30 days. The findings below outline how this request complies with Section 17.18 (2)General Standards in the Commercial District. 10. The paved parking area is sufficient in size to maneuver the work vehicles and for some of the employees to park. 0 11. The size and condition of the sanitary system is unknown. This will need to be addressed as a condition of approval. 12. The direction of the lighting on the building is unknown. This will need to be addressed as a condition of approval. 13. The site is sufficiently landscaped on the and east side with existing trees that have been there for many years. The property owner to the north has installed 15 to 20 trees to screen the drive in church property. To the west is Highway 35/64. 14. The parking lot, driveway and walking areas are paved to prevent dust. 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 operate a Contractors Storage Yard. This approval does not include any additional construction or activities not indicated in the plans. 2. The applicant shall be responsible for securing all other necessary local,state,and federal permits and approvals. 3. The sanitary system shall be evaluated for compliance with the Sanitary Ordinance and replaced if necessary. 4. All exterior lighting shall be directed downward to prevent glare onto adjoining properties. 5. All buildings and property shall be maintained in a neat and orderly manner. 6. The applicant shall have one(1)year from the issuance of the special exception permit to commence this business operation. Two extensions of 6 months each can be granted by the Zoning Administrator. If the special exception permit expires before this business commences,the applicant will be required to secure a new special exception permit before starting or completing construction on the project. 7. Any change or addition to the project,including but not limited to design of the project will have to go through the special exception and/or variance approval process. 8. 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 applicant and an opportunity for a hearing. 9. 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;McAllister, absent;Nelson, absent;Motion carried. 2 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. ^ Zq)NING BO OF AD S Signed: ' barenc'eAV.Malick,Chairperson Date Filed: 12/23/13 3