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HomeMy WebLinkAbout032-1098-20-075 0 # FINDINGS,CONCLUSIONS AND DECISION FIND , OF THE ZONING BOARD OF ADJUSTMENT ST.CROIX COUNTY,WISCONSIN File: SE88033 Property owner Scott Knudson Applicant and Agent: Matt Mithun Location: Section 35,T3 IN,R1 9W in the Town of Somerset Hearing Notice Publication: October 7 and 14,2013 Hearing Date: October 24,2013 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 Matt Mithun, agent for the property owner Scott Knudson. 2. The site is located at 1814 County Road I. Also described as the SW 1/4 of the NW 1/4 of section 35, T3 IN,R1 9W,Town of Somerset. 3. The applicant filed with the Board of Adjustment an application for a special exception to operate a vendor building/bar in a proposed 14 foot by 28 foot structure in the Commercial District pursuant to Section 17.18(9)(c)of the St. Croix County Zoning Ordinance. 4. The use of the property for a vendor building/bar meets several goals and objectives stated in the St. Croix County Comprehensive Plan Economic Development section. This use will likely attract more people to the campground and amphitheater which is consistent with goal 1.9,to promote the county as a tourism destination. Since this vendor building/bar will be constructed amongst some existing farm buildings and a house it will be consistent with goal 3.3 that requires businesses to not detract from the rural character of the County. 5. This request would not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that a vendor building/bar is a reasonable and appropriate use in the Commercial District,which the property is currently zoned. 6. With conditions to obtain all required county and state permits for the food preparation,this request would not be contrary to public health. 7. With conditions for shielding any future light sources to prevent glare onto adjacent properties and for limiting noise,this request would not negatively impact the health, safety,or welfare of the public,nor would it be substantially adverse to property values for nearby residences or businesses. 8. The existing and proposed buildings are screened with existing vegetation on the north, south and east sides. There is no screening on the west side where a campground is located;however the intent is for this new business to be one of the campground amenities. With conditions to maintain the existing vegetation,this request would not be a noise nuisance and will provide adequate screening. 9. There will be no dust, smoke or odors produced by this use. 10. With conditions to have an adequate number of portable satellite sanitary facilities,this request would not be detrimental to public health and safety. 11. There will be minimal onsite parking for this vendor building/bar since it is intended to serve the campground and amphitheater patrons that access the site on foot. 12. Corporation Counsel has previously advised that the county cannot regulate hours of operation regarding bar hours since the hours are regulated by the state. 13. The Town of Somerset recommends approval of the special exception permit. 14. Jeff Durkee,the County Highway Engineer has issued a driveway permit from County Road I. 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 Matt Mithun to construct and operate a vendor building/bar as indicated in the application and as provided in the conditions below. This approval does not include any additional uses, structures, or activities. 2. The applicant,Matt Mithun, shall be responsible for complying with any other local, state, or federal permit requirements, licenses, and/or approvals. 3. The applicant must obtain all required county and state permits for the food preparation. 4. Any exterior lights shall be downward directed to prevent glare onto adjoining properties. 5. The existing vegetative screening shall be maintained. 6. An adequate number of portable toilets shall be provided and properly maintained. 7. Upon complaints of regularly occurring,excessively loud noise at any time,the applicant or their agent 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. 8. The applicant shall be responsible for continuing to keep the property in a neat and orderly manner. 9. No new signs are approved as part of this permit. Any new signage for the business will require a separate land use permit and must comply with standards in the St. Croix County Sign Ordinance Section 17.65. 10. The applicant shall have one(1)year from the issuance of the special exception permit to commence construction. The applicants shall have one(1)year from the commencement of construction to complete the project. Two extensions of 6 months each can be granted by the Zoning Administrator. If the special exception permit expires before construction commences,the applicant will be required to secure a new special exception permit before starting or completing construction on the project. I 2 11. Any minor change or addition to the project, including but not limited to design of the project, shall require review and approval by the Zoning Administrator prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception and/or variance approval process. 12. 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. 13. 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;McAllister, absent; Sontag, excused;Nelson,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(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 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 BOARD OF ADJUSTMENT Signed: Clarence W.Malick,Chairperson Date Filed: 10/25/13 3