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HomeMy WebLinkAbout022-1034-40-225 (2) 57t1* CROIX CO tE c o pr A . PLANNING &. ZONING August 28, 2006 File Ref: SE0094 Mr. Robert Racich 105 Black Bass Road River Falls, WI 54022 Re: St. Croix County Special Exception Permit Code Administratio Parcel#: 12.28.18.189B,Town of Kinnickinnic 715-386-4680 Land Information&.;:`` Dear Mr. Racich: Planning 715-386-4674 The St. Croix County Board of Adjustment (Board) has reviewed your special exception request for a major home occupation to operate a referral-based veterinary clinic out of Real Property your new residence (465 Division Ave, Roberts, WI) in the Ag Residential District in the 715 -4677 Town of Kh ckinnic. After the meeting on August 24, 2006 the Board voted to approve Re=cycling the application with conditions. The enclosed document is the formal decision regarding X15-386-4675 the application. Your must obtain any other required local, state, and federal permits and approvals. Please feel free to contact me with any questions. Sincerely, Jenni er Emmerich Zoning Specialist Eric: Decision Cc: William Liddle Gwen Kuchevar Lola Higgins,Town of Kinnickinnic ST.CROIx COUNTY GOVERNMENT CENTER 1 101 CARMICHAEL ROAD, HUDSON, W1 54016 71538E-1-46S6 FAx ?Z@CO.SA1,1%T-CROIX.W7.LS \HN,1V.C. SAINT-' RCAX.WJJS FINDINGS,CONCLUSIONS,AND DECISION ®f/ OF THE ZONING BOARD OF ADJUSTMENT ST.CROIX COUNTY,WISCONSIN File: SE0094 Applicant: Robert Racich Property Owner: William Liddle Parcel ID#: 12.28.18.189B Complete Application Received: July 6,2006 Hearing Notice Publication: Weeks of August 7 and 14,2006 Hearing Date: August 24,2006 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony,considered the entire record herein,and reviewed the site the Board makes the following findings of fact and conclusions of law: 1. The applicant is Robert Racich,owner and operator of the proposed referral-based veterinary clinic. 2. The 65-acre site is located in the SE '/4 of the NE '/4 and NE '/4 of the SE '/4 of Section 12,T28N,R18W,Town of Kinnickinnic, St. Croix County,WI. 3. The applicant filed an application with the Board of Adjustment for a special exception permit for a major home occupation to operate a referral-based veterinary clinic pursuant to Section 17.155 of the St. Croix County Zoning Ordinance. 4. The proposed clinic meets all of the general standards for major home occupations pursuant to Sections 17.155(5)and 17.155(6)of the St. Croix County Zoning Ordinance. 5. This request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that major home occupations are allowed in the Ag Residential District, and granting this request will allow for the applicant to operate an equine operation within an agricultural area. The lack of signage and lighting will help to preserve the agricultural nature of the area. 6. Granting this request will not be contrary to the health,safety or general welfare of the public,nor will it be substantially adverse to property values in the neighborhood due to the fact that the clinic is compatible with the surrounding agricultural uses. The large amount acreage associated with the operation will assist in screening the parking areas from adjacent properties and traffic to the site is expected to be minimal. 7. This request does not constitute a nuisance by reason of noise,dust,smoke,odor or other similar factors since all parking areas and driving surfaces are paved,the amount of traffic coming to the site is minimal,and no hazardous materials will be kept on the site. 8. The applicant has operated Lake View Equine Clinic out of his residence in the Town of Troy since 1989 and has complied with all of the conditions of his special exception permit. The County has no record of complaints or violations during this time, and the property has been maintained in a very neat and orderly manner. 9. The Town of Kinnickinnic recommends approval of this request. 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,Robert Racich,to operate a referral-based(not open to the general public and minimally advertised)veterinary clinic out of the property listed above as indicated in the application submitted on July 6,2006,and as provided in the conditions below. Approval for this special exception permit does not include any additional accessory structures, services, or operations not indicated as part of the plans. 2. This special exception permit shall be temporary in nature and shall be granted only to Robert Racich at 465 Division Avenue,Roberts,WI. It shall not be transferable from person to person or address to address. The applicant must retain ownership of the 65-acre parcel through the duration of the operation. 3. Prior to commencing operation of the major home occupation at this location,the applicant shall obtain any other required local, state,or federal permits and approvals. 4. Normal hours of operation shall not extend beyond 8:00 AM and 7:00 PM daily. 5. The applicant shall have no more than two employees in addition to himself. 6. The applicant shall be responsible for keeping the property in a neat and orderly manner. No materials or equipment shall be stored outside or be allowed to accumulate on the property. 7. No signage or lighting shall be added to the site. 8. The applicant shall be responsible for contacting the Zoning Administrator to review this special exception permit in two years from the approval date for compliance(August 2008). These conditions may be amended or more 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 changed without notice to the applicant and opportunity for a hearing. 9. Any minor change or addition to the major home occupation, including but not limited to a change in use or the addition of services or staff, 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 approval process. 10. Accepting this decision means that the applicant and all property owners have read,understand,and agree to all conditions of this decision. The following vote was taken to approve: Nelson,yes; Luckey,yes; Struemke,yes;Zoerb,yes; Chairperson Malick,yes. Motion carried unanimously. 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(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. ZONING BOARD OF ADJUSTMENT Signed: 'J Clarence alick,Chairp Date Filed: 08/28/06 I it I 3 Robert Racich Project Special Exception Request Request Original special exception for current ' veterinary clinic In Special exception request for a major home occupation to Troy approved operate a referral-based equine veterinary clinic pursuant to August 12,198% Section 17.155(6)of the St.Croix County Zoning Ordinance. . Applicant requesting .. aiy new special r` TO E exception permit to Applicant: Dr.Robert Racich,Lake View Equine Clinic a;` , run Lake view Equine PP q Clinic out of an existing accessory Owner: William Liddle structure on the prop". Site Address:465 Division Avenue,Roberts,WI 65-acre parcel zoned Town of Kinnickinnic All Residential. Existing Veterinary Clinic Proposed Veterinary Clinic rte: Vebtrkwy esnk lea a b,e.ad in a - porw"of""Isting aeae..ary t.- .av<m. Two anw1waaa plus appnma - RaMr.Yonly,15 nrtamrs par day. ::N'... �. Il.uadapwalbn6Nd-7 pM. Applicant has operated current veterinary clinic in the Town of Troy Aaew•ea oa..n.aparkbie rra b. for past 17 years and has compiled with all conditions of the permit. p.-W d. No owtle samee and m eh.n,"ba The County has no record of complaints or violations on this property. Re sgnaea ar igrearo-MW W cosh Comments,Concerns& Recommendation The Town of Kinnickinnic recommends approval of this request. Planning and zoning staff recommends approval based on: •9 findings of fact and conclusions of law,with •10 conditions for your consideration. 1 a) 00 Q O Ln �O O m L r. E m _ o a) °? E c4 3Q m> N - c N NSOO co-0 c `- C cch 0 0 0 U) N Y . @ O N L O c V N N Q N '.. O o ° o 70 oo cc vi p > @ o O N 0 0 p 7 0 . M N O N > O ' O N U L (1) o C 7 cc O U-Ni(O 2p C L N N O O >,C O U O N Z _N O O) Q) m c m 6 .gym U O. a) N U) LL O O C 0 L-, W U ot$ :« co ? 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