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Home My WebLink About036-1065-60-000 (3) ST. C C .U.-IN T Y Planning&Land Information Land Use Resource Management Community Development Department December 23,2013 File Ref. #SE88118 Deland Richter L'FILE Copy 1641200'Ave. New Richmond,WI 54017 RE: Lot 1 of CSM V. 7/P.2021 in NE 1/4 of the NW 1/4 of Section 28,T31N,R17W,in the Town of Stanton Dear Mr. Richter: The St.Croix County Board of Adjustment(Board)has reviewed your request for the following item: Special exception for major home occupation in an accessory structure pursuant to Sections 17.155(4) and 17.155(6)(b)of the St.Croix County Zoning Ordinance After the hearing on December 23,2013,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. Feel free to contact me with any questions or concerns. Pamela Quinn Land Use Specialist Enclosures: Formal Decision I cc: Clerk,Town of Stanton Laura Diaby-Gassama, St. Croix Dept.of Health Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, WI 54016 Fax 715.386.4686 www.sccwi.uslcdd www.facebook.com/stcroixcoun tywi cdd @co.soint-croix.wi.us 0 • FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST.CROIX COUNTY,WISCONSIN File Number: SE88118 Applicant: Deland Richter, property owner Parcel Number: 28.31.17.425A Complete Application Received: November 4,2013 Hearing Notice Publication: Weeks of December 9 and 16,2013 Hearing Date: December 23,2013 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony,visited the site,and considered the entire record herein,the Board of Adjustment makes the following Findings of Fact and Conclusions of Law pertinent to the applicant's special exception requests: 1. The applicant is Deland Richter,property owner. 2. The site is located at 1641 200th Ave.,Lot 1 of CSM V. 7/P. 2021 in NE 1/4 of the NW 1/4 of Section 28,T3 1N, R17W, in the Town of Stanton, St. Croix County,Wisconsin. 3. The applicant filed with the Community Development Department an application for a special exception permit for a major home occupation for a commercial kitchen pursuant to Sections 17.155(4)and 17.155(6)(b)of the St.Croix County Zoning Ordinance. 4. The Town of Stanton issued a building permit for the accessory structure and was sent a copy of the application on November 8,2013 for Town Plan Commission and Town Board review. The Town Board recommended approval of the major home occupation at their regularly scheduled meeting on November 14,2013. 5. Laurie Diaby-Gassama,R.S.of the St.Croix County Dept.of Health reviewed the application and recommended approval with conditions for compliance with all applicable codes, including WI Food Code HFS 196 and building codes. With conditions to obtain any necessary permits or approvals required for operation of a licensed commercial kitchen,including but not limited to the St.Croix County Dept.of Health,this request would not be detrimental to public health and safety. 6. 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 as long as they do not create a nuisance to neighbors and meet the standards in Sections 17.155(4)and 17.155(6)(d). With conditions that the entire operation,including storage of equipment and products,be kept inside the accessory building and the area used for operating the business does not exceed 1000 sq.ft.,this request will not create any nuisance as a result of dust,smoke,odors,and noise. According to the applicant,any aroma from food preparation for the catering business should be pleasant,if noticeable at all. 7. A replacement POWTS was installed that is designed to provide wastewater treatment for both the residence and the accessory building that houses the commercial kitchen.With conditions to maintain the newly installed Private On- site Wastewater Treatment System(POWTS)in compliance with state and county sanitary regulations,this request would not have negative impacts on the health,safety or general welfare of the public. 8. This proposed catering business will be approximately 600 feet to the nearest residences and is in a building that is not easily isible from the road because it is situated behind other outbuildings and the house. There will be no change in Y g I the appearance of this property from the road or from neighboring properties. 9. 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. i - 1 - 10. The catered food products will be delivered by the applicant to the customers, so there is no need for customer parking nor will there be an increase in traffic to this property or along 200`h Ave. 11. The catering business will be operated by family members with no plan for outside employees, so existing parking areas for vehicles will be adequate. 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 zoning district. Approval for this special exception permit does not include any additional uses,structures,or other activities. 2. The applicant shall be responsible for securing all other necessary local, state,and federal permits, licenses,and approvals. The applicant shall work with Laurie Diaby-Gassama of the St. Croix County Dept. of Health to obtain any required permits or approvals for this operation and maintain compliance with all codes pertaining to commercial kitchens. 3. The commercial kitchen operation shall be conducted inside the accessory structure and not exceed 1000 sq. ft. in area. 4. Existing trees shall be maintained to provide screening from neighboring homes or the road. 5. With the exception of any existing security lights, lighting must be downward directed and shielded away from neighboring properties. In addition,new lighting must be no higher than the lowest eaves of the buildings. 6. No signs are approved as part of this permit.Any future signage will require a separate sign permit in compliance with requirements in Section 17.65 of the county ordinance. 7. Upon complaints of regularly occurring nuisance(s)in conjunction with this major home occupation at any time, the applicant shall work with the Community Development Dept. (CDD)code enforcement staff to abate the complaints. 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. All buildings and property shall be maintained in a neat and orderly manner. 9. 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. 10. This special exception permit does not run with the property and is not transferable per Section 17.155(7)(d). 11. 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 CDD to ensure that all Ordinance requirements are met.The CDD may determine that special exception approval is necessary. 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(CDD)staff conducts unannounced onsite inspections to check for compliance with the conditions of this permit pursuant to Section 17.155(7)(a). -2- The following vote was taken to approve the request: Chairman Malick,yes; Peterson,yes; Sontag,yes;Nelson,absent; McAllister, absent. 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 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. Z ING B OF DJUSTMENT Si ed: Clarence W."Buck"Malick,Chairman Date Filed: December 23,2013 -3-