HomeMy WebLinkAbout022-1064-80-000 ST. CROIX COUNTY
WISCONSIN
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ZONING OFFICE
- ST. CROIX COUNTY GOVERNMENT CENTER
-=- 1101 Carmichael Road
Hudson, W1 54016-7710
(715) 386-4680 r Fax (715) 386-4686
April 29,2005 File Ref: SE0005
Joe Cardin
234 County Road JJ
River Falls, WI 54022
Re: Board of Adjustment Decision,Parcel#22.28.18.350B,Town of Kinnickinnic
Dear Mr. Cardin:
The St. Croix County Board of Adjustment (Board) has reviewed your special exception request for a
contractor's storage yard in the Ag-Residential district. At the hearing on April 28, 2005, the Board
approved your special exception request with conditions. The enclosed document is the formal decision
regarding your application.
You will be responsible to obtain any other required local, State, and federal permits and approvals. Should
you have any questions or concerns,please contact Jenny Shillcox at 715-386-4682.
Sincerely,
obert Bezek
Code Administrator
js
Enclosure
cc: Jim Brown, Property Owner
Al Schmid,Clerk,Town of Kinnickinnic w/enclosure
FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY,WISCONSIN
Case: SE0005
Property Owner: Jim Brown
Applicant: Joe Cardin,Owner of Redline Tree Service
Parcel Number: 22.28.18.350B
Complete Application Received: March 15,2005
Hearing Notice Publication: Weeks of April 11 and 18,2005
Hearing Date: April 28,2005
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and reviewed the site the Board finds
the following facts:
1. The applicants are Jim Brown, property owner,4025 Tropic Boulevard, Lake Havasa City, AZ
86406,and Joe Cardin,owner of Redline Tree Service,234 County Road JJ, River Falls, W I
54022.
2. The site is located in Section 22, T28N, RI 8W,Town of Kinnickinnic, St. Croix County,
Wisconsin.
3. The applicant filed an application with the Planning and Zoning Department for a special
exception permit for a contractor's storage yard pursuant to Section 17.15(6)(d) of the St. Croix
County Zoning Ordinance.
4. The Board of Adjustment finds that all requirements have been met to grant the special
exception permit pursuant to Sections 17.15(6)(d) and 17.70(7)(a) of the St. Croix County
Zoning Ordinance.
5. The Town of Kinnickinnic has recommended approval of this request.
6. There was no public opposition to the request.
7. The request is not contrary to the public interest.
8. The spirit and intent of the Ordinance would be met by granting this request for a special exception
permit,with conditions for screening parked vehicles and containing fuel on site, and substantial
justice would be done.
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 to operate a contractor's storage yard in the Ag-
Residential district, with the following conditions:
1. This special exception permit allows the applicant to maintain a contractor's storage yard to store
vehicles and equipment related to Redline Tree Service as indicated in the plans submitted on
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March 15, 2005. Approval for this special exception permit does not include any additional
structures, services, or operations not indicated in the plans as part of the current business.
2. Within 60 days of this approval,the applicant shall plant additional trees and shrubs along the
front entrance of the property,park large vehicles in less visually conspicuous areas, or do a
combination of both to fully screen all parked vehicles from adjacent properties and Highway JJ.
It shall be the applicant's responsibility to maintain and replace trees and shrubs surrounding all
outside parking areas as needed to ensure proper screening.
3. The applicant shall be responsible for obtaining any local, state, or federal permits, licenses, or
approvals as necessary.
4. The applicant shall be responsible for keeping the property in a neat and orderly manner. No
junk,junk vehicles, equipment, wood, or brush shall be allowed to accumulate on the property
that may attract rodents or pose a threat to the health, safety and welfare of those citizens of St.
Croix County.
5. Hours of operation shall be 6:30 AM—7 PM Monday through Friday and occasional weekends.
6. No onsite retail sales shall be allowed.
7. No hazardous materials shall be stored inside the buildings or on the site.
8. Within six months of this approval, fuel and oil shall be stored and pumped in an area where
there is a containment system—such as a pre-cast secondary system as recommended by the
Land and Water Conservation Department-to prevent soil and groundwater contamination.
9. All lighting associated with the business shall be illuminated downward and shielded away from
neighboring properties.
10. Within six months of this approval,the applicant shall submit to the Planning and Zoning
Department information on how they will address existing erosion problems along the driveway.
11. 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 (April 2007).
12. Any change(or addition) in use, or expansion of the project, including building, signage, shall
require review and approval by the Zoning Administrator and in some circumstances through the
special exception approval process, where applicable, as stated in the ordinance.
13. These conditions may be amended or additional conditions may be added if unanticipated
conditions 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.
14. Accepting this decision means that the applicant has read, understands, and agrees to all
conditions of this decision.
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The following vote was taken to approve: Nelson,yes; Jensen,yes; Krueger,yes; Luckey,yes;
Chairperson Speer,yes. Motion carried unanimously.
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.
ZONING BOARD OF ADJUSTMENT
Signed:
Julie Speer,ehairpers6n
Date Filed: 04/29/05 Attest:
o,JOW^Ad e or
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Board of Adjustments - April *005 Page 1 of 4
MINUTES
BOARD OF ADJUSTMENT
APRIL.28, 2005
(This hearing recorded by a Court Reporter)
The meeting was called to order by Chairperson Julie Speer at 8:3o a.m. A roll call was made. Julie
Speer, Art Jensen, Sue Nelson, Stan Krueger and Linda Luckey were present. Staff included: Bob
Bezek, Code Administrator, Jenny Shillcox, Zoning Specialist, and Debbie Murphy, Paralegal/Office
Manager.Chairperson Speer believes this to be a properly noticed meeting.
Motion was made by Jensen,seconded by Krueger to adopt the agenda.Motion carried.
The next meeting for the Board will be May 26, 2005.The meeting will be held in the County Board
Room at the Government Center.The starting time will be 8:3o a.m.
MINUTES
Motion by Krueger, seconded by Nelson and carried to adopt the March 24, 2005 minutes. Motion
carried.
NEW BUSINESS
Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of
Adjustment meeting is conducted. Chairperson Speer stated that the public hearing notice was
published correctly and was read into the record as follows:
PUBLIC HEARING NOTICE
The St.Croix County Board of Adjustment has scheduled a public hearing for Thursday,April 28,
2005 at 8:3o a.m.at the Government Center, 11o1 Carmichael Road,Hudson,Wisconsin,to consider
the following appeals to the St.Croix County Zoning Ordinance.The Board will view each site in
question,after which the Board will deliberate and vote on the appeals.
20%slopes in the Shoreland District to construct a home and driveway on the property pursuant to
Section 17.29(2)(c)1.
APPELLANT: Scott and Jayne Wenzel,owner/Steve West,agent
LOCATION: The SE 1/4 of the NE 1/4,Section 25,T29N-R19W,Town of Hudson
ADDRESS: 907 Highlander Trail,Hudson,WI 54016
2. ARTICLE: Special Exception request for a contractor's storage yard pursuant to Section
17.715(6)(d). The request is to allow the applicant to store vehicles for
Redline Tree Service on the property.
APPELLANT:Jim Brown,owner/Joe Cardin,applicant
LOCATION: The NW 1/4 of the SE 1/4,Section 22,T28N-R18W,Town of
Kinnickinnic
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Board of Adjustments - April 2005 Page 2 of 4
ADDRESS: 234 County Road JJ,River Falls,WI 54022
All interested persons are invited to attend said hearing and be heard. Additional information may
be obtained from the St.Croix County Planning and Zoning Office,Hudson,Wisconsin at(715)386-
4680.
Julie Speer,Chairperson
St.Croix County Board of Adjustment
The hearing was opened at 8:3o a.m.and testimony taken and recorded by a court reporter. The
Board recessed from 9:2o a.m.to 10:55 a.m.to view the sites.
Discussion of Alternate_Members_for the Board.of Adjustment.
Greg Timmerman,Corporation Counsel,discussed this issue with the Board. His opinion is that
alternates are optional and believes that the state statutes allow for a majority vote of the Board to be
three of five members.He added that having alternates that would attend each meeting would be an
added expense to the county.At the state level,this requirement may change,but as of right now,
Timmerman believes that alternates are not necessary.The Board may conduct a hearing with three
of the five members present.
NEW BUSINESS
After hearing testimony on the above articles,reviewing the material in the record,and conducting a
site visit,the Board rendered the following decisions:
Scott and Jayne Wenzel/Steve West
Motion by Luckey,seconded by Krueger to table the special exception request for filling and grading
on 20%slopes in the Shoreland District for the following reasons:
The Board's findings determined that adequate consideration had not been given to the existing
topographic and drainage features,vegetative cover,and erosion potential of the site in choosing a
location for the proposed house and driveway. They request that the applicant submit revised plans
showing an alternative location and/or configuration of the house and driveway to an area that gives
better consideration to the standards outlined in Section 17.70(7)(c)1-10 of the ordinance. The Board
will consider this request at the May 26,2005 hearing.
The following vote was taken to table: Nelson, yes; Jensen, yes; Luckey, yes; Krueger, yes;
Chairperson Speer,no. Motion passed on a 4-1 vote.
Jim Brown/Joe Cardin
Motion by Nelson,seconded by Jensen to approve the for a special exception to operate a
contractor's storage yard in the Ag/Residential District based on the following findings:
1. The applicants are Jim Brown,property owner,4025 Tropic Boulevard, Lake Havasa City,AZ
864o6,and Joe Cardin,owner of Redline Tree Service,234 County Road JJ,River Falls,WI
54022.
2. The site is located in Section 22,T28N, R18W,Town of Kinnickinnic, St.Croix County,
Wisconsin.
3. The applicant filed an application with the Planning and Zoning Department for a special
http://www.co.saint-croix.wi.us/Committee/Minutes/2005BOA/boaO42805.htm 12/15/2005
Board of Adjustments - April 6 2005 Page 3 of 4
exception permit for a contractor's storage yard pursuant to Section 17.15(6)(d)of the St.Croix
County Zoning Ordinance.
4. The Board of Adjustment finds that all requirements have been met to grant the special
exception permit pursuant to Sections 17.15(6)(d)and 17.70(7)(a)of the St. Croix County Zoning
Ordinance.
I
5. The Town of Kinnickinnic has recommended approval of this request.
I
I
6. There was no public opposition to the request.
7. The request is not contrary to the public interest.
8. The spirit and intent of the Ordinance would be met by granting this request for a special
exception permit,with conditions for screening parked vehicles and containing fuel on site,and
substantial justice would be done.
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 to operate a contractor's storage yard in the Ag-
Residential district,with the following conditions:
1. This special exception permit allows the applicant to maintain a contractor's storage yard to
store vehicles and equipment related to Redline Tree Service as indicated in the plans submitted
on March 15,2005. Approval for this special exception permit does not include any additional
structures,services,or operations not indicated in the plans as part of the current business.
2. Within 6o days of this approval,the applicant shall plant additional trees and shrubs along the
front entrance of the property,park large vehicles in less visually conspicuous areas,or do a
combination of both to fully screen all parked vehicles from adjacent properties and Highway
JJ.It shall be the applicant's responsibility to maintain and replace trees and shrubs
surrounding all outside parking areas as needed to ensure proper screening.
3. The applicant shall be responsible for obtaining any local,state,or federal permits,licenses,or
approvals as necessary
4. The applicant shall be responsible for keeping the property in a neat and orderly manner. No
junk,junk vehicles,equipment,wood,or brush shall be allowed to accumulate on the property
that may attract rodents or pose a threat to the health,safety and welfare of those citizens of St.
Croix County.
5. Hours of operation shall be 6:30 AM—7 PM Monday through Friday and occasional
weekends.
6. No onsite retail sales shall be allowed.
7. No hazardous materials shall be stored inside the buildings or on the site.
8. Within six months of this approval,fuel and oil shall be stored and pumped in an area where
there is a containment system—such as a pre-cast secondary system as recommended by the
Land and Water Conservation Department-to prevent soil and groundwater contamination.
9. All lighting associated with the business shall be illuminated downward and shielded away
from neighboring properties.
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Board of Adjustments - April 2 2005 Page 4 of 4
io. Within six months of this approval,the applicant shall submit to the Planning and Zoning
Department information on how they will address existing erosion problems along the
driveway.
ii. 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(April 2007).
I
12. Any change(or addition)in use,or expansion of the project,including building,signage,shall j
require review and approval by the Zoning Administrator and in some circumstances through j
the special exception approval process,where applicable,as stated in the ordinance.
13. These conditions may be amended or additional conditions may be added if unanticipated
conditions 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.
I
14. Accepting this decision means that the applicant has read,understands,and agrees to all
conditions of this decision.
The following vote was taken to approve: Nelson,yes;Jensen,yes; Krueger,yes; Luckey,yes;
Chairperson Speer,yes. Motion carried unanimously.
The meeting declared adjourned at 12:oo noon.
Respectfully submitted:
Sue Nelson,Secretary
Debra Murphy,Recording Secretary
Ij
http://www.co.saint-croix.wi.us/Committee/Minutes/2005BOA/boaO42805.htm 12/15/2005