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HomeMy WebLinkAbout022-1080-80-050(2) Ctwix PLANNING &. ZONING September 5, 2008 Nolan King 817 South Main Street River Falls, WI 54022 RE: Property located in part of the SW/NW quarter park of lot 3 in Section 28 T28N R1 8W, Town of Kinnickinnic, parcel # 28.28.18.439C-20, computer# 022-1080-80- 050, further described as 1119 Pine Ridge Drive. Code Administrati 715-386-4680 Dear Mr. King: Land Information h Planning � On Ma y 19t 20 08 I met with you to inspect the property mentioned above with 715_386-467 regards to conditions of your special exception permit. At this time, it was verified that you had a detailed vegetation plan implemented on the property, You also had Real P erty verification from the local fire department that the kiln and fuel tank distances were 7 6-4677 approved. The property was neat and well-kept. During our meeting, it was discovered that you still had not paved around the fueling area. You stated that you R cling could do this at anytime. Given the nature of your business, this Department is -386-4675 confident that you will be able to satisfy this condition as soon as possible. On August 6th, 2008, we received written permission from your neighbor to the northwest which states that the existing vegetation on the drive is sufficient. Thank you for satisfying these conditions. As stated under condition #16 of your special exception permit: The applicant shall contact the Zoning Administrator to review this special exception permit in two years from the approval date (January 2010) for compliance with the conditions of this approval. 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. Please continue to maintain compliance with the conditions of your permit and contact me around January 2010 for your review. If you have any questions, I can be reached at (715) 386-4683. Good luck with your business. Respectfully, D&v Dan Sitz Zoning Technician ST.CROIX COUNTY GOVERNMENT CENTER 110 1 CARMICHAEL ROAD,HUDSON, W/ 54016 71 5386,4686 FAX PZPCO.SA/NTCROIX.WI.US WWW.CO.SAINT-CROIX.WI.US r' .• vY M�kd86 eei+�-- 1.,�: mh uce..erc; .,.✓&'5F ., vest Cc: Tow �'�fl�innickinnic Da Phillipps, Building Inspection, Town of Kinnickinnic Fil Jenny Shillcox, Zoning Specialist ST.CROIX COUNTY GOVERNMENT CENTER 1 101 CARMICHAEL ROAD,HUDSON, W1 54016 715-386,4686 FAX PZ(PCO.SAINT-CROIX.WI.US W W W.C O.SAI NT-C ROIX.W I.US RECEIVED AUG 0 6 2008 July 3, 2008 ST.CROIX COUNTY ZONING OFFICE Dear St. Croix County Zoning Department: I am writing concerning the vegetation screening between our property and the adjacent property belonging to Nolan King. We are fine with the screening that is currently located there. If you have any questions, feel free to contact us at 715-426-5076. Sincerely, Randy and Therese Schlotte � o CROIX COUNTY PLANNING & ZONING a April 18, 2008 Nolan King 817 South Main Street River Falls, WI 54022 5 RE: Property located in part of the SW/NW quarter park of lot 3 in Section 28 T28N ' R1 8W, Town of Kinnickinnic, parcel # 28.28.18.439C-20, computer# 022-1080-80- Code Administrati 050, further described as 1119 Pine Ridge Drive. 715-386-4680 Land Information Dear Mr. King: Planning 715-386-467 -� On January 3rd, the St. Croix County Board of Adjustment voted to approve your Real P "erty request for an after-the-fact amendment to an existing special exception permit for a 71 6-4677 contractor's storage yard in the Ag Residential District in the Town of Kinnickinnic. The Board voted to approve your request with conditions. These conditions R cling included, among many other actions, the following: -386-4675 5. The applicant shall maintain and enhance the current level of mature trees, shrubs, and vegetative cover on the site, and shall plant additional - evergreens to fill in the gaps in the existing vegetation. Within 30 days of this approval, the applicant shall submit to and have approved by the Zoning Administrator a landscaping plan featuring additional evergreens to be planted in a manner that fully screens all outside storage and employee parking areas from the cul-de-sac and all adjacent parcels... 6. Within 30 days of this approval, the applicant shall submit to the Zoning Administrator verification from the local fire department that the distance between the kiln, glass blowing activities, and fuel storage tank is adequate. 18.Failure to comply with the conditions of this approval within the timeframes and provisions stipulated shall be grounds for expiration or revocation... 19.Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. Since your special exception permit was approved, we have not heard from you. Please call me as soon as possible. I can be reached at (715) 386-4683. ST.CRO1X COUNTY GOVERNMENT CENTER 110 1 CARMICHAEL ROAD,HUDSON, WI 54016 715386.4686 FAx PZC?CO.SAINTCROIX.WI.US WWW.CO.SAINTCROIX.WI.US L •f Respectfully',"'W Dan Sitz Zoning Te clinician /cs Cc: Jenn lcox, Zoning Specialist, St. Croix County Zoning Town innickinnic Dave Hipps, Building Inspection, Town of Kinnickinnic File $" �t±,a a ST.CRD1x COUNTY GOVERNMENT CENTER 1 101 CARMICHAEL ROAD, HuDsoN, W1 54016 715386-4686 Fax Pz@co.sA1NT-CROIX.WL— W W W.C O.SAI NT-C R O IX.W I.U S ST CROIX CO AA .`: PLANNING & ZONING January 7, 2008 File Ref: SE0149 Nolan King . :. : 81 7 S Main Street »>'=" River Falls, WI 54022 W-± 3 '. Re: St. Croix County After-the-Fact Amendment to a Special Exception Permit XW Code Administrate" Parcel#: 28.28.18.439C-20, Town of Kinnickinnic 715-386-4680 y Dear Mr. King: Land Information Planning 715-386-4674y, The St. Croix County Board of Adjustment (Board) has reviewed your application for an after-the-fact amendment to an existing s ecial exception permit for a contractor's stora e Real P rry yard in the Ag Residential District in the Town of Kinnickirinic. After the hearing on January 715 -4677 3, 2008, the Board voted to approve your request with conditions. The enclosed document is R cling the formal decision regarding the application. 5-386-4675 You must obtain any other required local, state, and federal pen-nits and approvals. Please feel free to contact me with any questions. Sincerely, Jennifer Shillcox Land Use Specialist/Zoning Administrator Eric: Decision Cc: Clerk, Town of KirniickI is >' Deputy Zoning Administrator, Town of Kinnickinrlic .' Steve Olson, St. Croix County Land and Water Conservation Department Came Stoltz, St. Croix County Planning and Zoning Department : ST.CRO/X COUNTY GOVERNMENT CENTER 1 101 CARM/CHAEL ROAD,HUDSON, Wi 54016 71538F4686FAx PZVCO.SAINT-CRO/X.W.US W WVV.CO.SAI NT-CROIX.WI.US f FINDINGS, CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY,WISCONSIN File: SE0149 Applicant: Nolan King,King Architectural Concrete and Construction Parcel#: 28.28.18.439C-20 Complete Application Received: November 5,2007 Hearing Notice Publication: Weeks of December 17 and 24, 2007 Hearing Date: January 3,2008 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony,considered the entire record herein,and reviewed the site,the St.Croix County Board of Adjustment makes the following findings of fact and conclusions of law: 1. The applicant is Nolan King,property owner and owner of King Architectural Concrete and Construction. 2. The site is located at 1119 Pine Ridge Drive in the SW t/4 of the NW '/4 of Section 28,T28N,RI 8W,Town of Kinnickinnic, St. Croix County,Wisconsin. 3. The applicant filed an application with the Board of Adjustment for an after-the-fact amendment to a special exception permit for a contractor's storage yard that was originally approved for the previous property owner. Steven Cudd, on September 28, 1989 pursuant to Section 17.15(6)(d) of the St. Croix County "Zoning Ordinance. The applicant requests to continue storing vehicles,trailers, equipment, and other materials used for his business, King Architectural Concrete and Construction, in an existing pole shed and outdoor storage area on the site. The applicant has been storing these items on the site since he purchased it from Mr. Cudd in 2004, and was recently notified by Town and County staff that he would need a new special exception permit or an amendment to the existing permit previously approved for Mr. Cudd to continue. 4. The applicant has also been conducting glass blowing activities on the site, which he has incorporated into his concrete work. He has been notified that this activity is currently in violation of the St. Croix County Zoning Ordinance, and County enforcement staff is working with him to bring the matter into compliance with the Ordinance. At the January 3, 2008 hearing, the applicant testified that his glass blowing activities would be limited to a personal hobby. 5. This request would not violate the spirit and intent of the St. Croix County Zoning Ordinance in that a contractor's storage yard is an allowed use in the Ag Residential District, which the property is currently zoned. The site features an existing 2,800-square foot pole shed and outdoor gravel storage and employee parking areas. The applicant does not currently live on the site,but plans to build a single-family dwelling on it in the near future. At the January 3,2008 hearing,the applicant testified that he would be willing to construct the dwelling within two years. Access to the site is from a single gravel driveway off the cul-de-sac at the end of a town road. The applicant's 5.15-acre lot is not within a major subdivision, and the closest existing residence is located approximately 290 feet to the northwest. 6. The outdoor storage and employee parking areas are screened from adjoining parcels and the cul-de-.suc by existing mature evergreen trees; however, several gaps exist in the trees where these areas are visible. With conditions for maintaining the property in a neat and orderly manner,planting and maintaining additional vegetation to ensure that all outside storage areas are screened as much as possible from adjacent parcels and the cul-de-sac at all times, and limiting business activities on the site to only the storage of equipment and materials, this request would preserve the rural character of the area and would not be substantially adverse to property values in the surrounding neighborhood. 7. With conditions for restricting access to the site to the existing driveway only,properly storing hazardous materials and fuel,requiring vehicle maintenance and refueling to he done on an impervious and properly contained surface, and ensuring that any equipment stored outside is properly locked and secured at all times. tills r w request would not negatively impact the health, safety, or general welfare of the public. Traffic to the site will consist of five cars for employees coming to access the contractor's storage yard Monday through Friday. 8. At the January 3, 2008 hearing,the applicant testified that the gravel drive connecting his lot to his neighbors' lot (Lot 3)to the northwest is for the convenience of his neighbor. 9. According to the applicant, no work or services will occur on site, only the storage of vehicles and equipment and other work-related materials. With conditions for limiting the noise and hours of operation during which business- related equipment and materials on the site are accessed and any other business-related activities occur on the site, this request would not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors. 10. The existing buildings and gravel parking area meet all applicable setbacks. 11. A neighboring property owner has submitted written testimony regarding concerns about noise coming from the site between the hours of 7:00 AM and 10-10:30 PM; noise, dust, and pollution from trucks,trailers and other equipment going back and forth in front of his house; high traffic on a dead-end road; fire safety hazards associated with trucks and fuel in close proximity to the heat produced by the glass blowing activities; decreased property value; and the incompatibility of the proposed business in a residential area. 12. At the January 3, 2008 hearing,the applicant testified that when he was constructing his glass blowing facilities, he was producing noise on the site until as late as 10:30 PM, but that this activity is finished and noises will no longer be produced beyond the general hours of operation. 13. The Town of Kinniekinnic Deputy Zoning Administrator notified the applicant that his btlSlness activities were in violation of the St. Croix County Zoning Ordinance and copied County staff. The Town Clerk has informed staff that Mr. King has not responded to the Town. The Town Board has not submitted a recommendation for the Board's consideration. 14. The St. Croix County Land and Water Conservation Department has reviewed the application and visited the site. The Department has verified that the closed depression on the applicant's lot is not a wetland and supports the applicant's request to fill the depression with clean fill. 15. At the January 3, 2008 hearing,the previous property owner, Steven Cudd,testified that the closed depression had been a barrow pit he created when constructing his home. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's after-the-fact special exception amendment request,with the following conditions: 1. This after-the-fact special exception amendment allows the applicant to store vehicles, trailers, equipment and materials for King Architectural Concrete and Construction in an existing pole shed and outdoor gravel storage areas on the site as indicated in the plans submitted, and as provided in the conditions below. All vehicles, trailers, equipment, and materials shall be kept in the designated storage areas at all times when on the site, except while being loaded or unloaded. This approval does not include glass blowing or any additional structures, services, business activities, operations, or the storage of items other than those Iisted above. 2. The applicant shall be responsible for obtaining and adhering to all other required local. and federal permit" and approvals, including but not limited to properly securing all outdoor vehicles and equipment in accordance with local health and safety standards. 2 { I The Town of Kinnickinnic and any other interested party may request a reconsideration of this decision no later than 15 days prior to the regularly scheduled February 2008 Board of Adjustment meeting in accordance with the St. Croix County Board of Adjustment Rules and By-Laws. 4. Within two years of the date of this approval,the applicant shall construct a dwelling on the lot. 5. The applicant shall maintain and enhance the current level of mature trees, shrubs, and vegetative cover on the site, and shall plant additional evergreens to fill in the gaps in the existing vegetation. Within 30 days of this approval,the applicant shall submit to and have approved by the Zoning Administrator a landscaping plan featuring additional evergreens to be planted in a manner that frilly screens all outside storage and employee parking areas from the cul-de-sac and all adjacent parcels during winter, leaf-off conditions. All plantings shall not be less than six feet in height at the time of planting. The screening shall attain 80 percent opacity at maturity. All approved vegetation shall be planted no later than May 31, 2008. Within two years of the date of this approval,the applicant shall submit to and have approved by the Zoning Administrator an updated landscaping plan to ensure adequate screening upon construction of the dwelling and sanitary system. 6. Within 30 days of this approval,the applicant shall submit to the Zoning Administrator verification from the local fire department that the distance between the kiln, glass blowing activities, and fuel storage tank is adequate. 7. Access to the site shall be limited to the existing driveway from the cul-de-sac only. Unless written permission is obtained by the applicant from the neighbor to the northwest,the applicant shall plant vegetation in the existing drive between the applicant's lot and the neighboring lot to the northwest to close it off in accordance with the landscaping plan referenced in Condition#5 above. 8. No onsite retail sales, services, business activities, or operations other than what is provided in the conditions shall be allowed. No glass blowing shall be done on the site as a part of the applicant's business, unless approved by the Board of Adjustment as a separate special exception permit subject to the provisions of-the Ordinance. 9. General hours of operation during which business-related equipment is accessed on the site shall not extend beyond 8:00 AM and 6:00 PM Monday through Friday. 10. Upon complaints of regularly occurring, excessively loud noise at any time, the applicant 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. 11. No hazardous materials other than those associated with maintenance and use of the business equipment shall be used on the site. Any fuel or hazardous materials stored on the site must be stored in proper containers and conditions in accordance with applicable state and federal standards. 12. Re i fuelin and vehicle maintenance Hance involving fluids shall be conducted on an impervious and properly contained surface, including but not limited to paving and adding a lip around the fuel tank and the adjacent fueling area. 13. All lighting on the buildings and associated with the employee parking lot and outdoor storage areas shall be located no higher than the lowest eaves and illuminated downward and shielded away from neighboring properties to prevent glare. 14. No signs or additional lighting area r g g b approved as part of this permit. 15. The property shall be maintained in a neat and orderly manner. 3 16. The applicant shall contact the Zoning Administrator to review this special exception permit in two years from the approval date(January 2010)for compliance with the conditions of this approval. 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. 17. Any change in ownership of the property or change in project details—including but not limited to expansion, signage, lighting, landscaping, or access changes—shall require prior review and approval by the Zoning Administrator and in some circumstances through the special exception approval process as stated in the Ordinance. 18. Failure to comply with the conditions of this approval within the timeframes and provisions stipulated shall be grounds for expiration or revocation. If the special exception permit expires or is revoked,the applicant will be required to secure a new special exception permit to continue using the site as a contractor's storage yard. Prior to expiration and/or revocation,the applicant may request extensions of up to two weeks from the Zoning Administrator. 19. 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: Chairperson Malick, yes, McAllister, yes; Luckey, yes: Strueml:e. yes. Nelson was not present. Motion carried. 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 §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 (tile) of this matter to the circuit court. ZONING BOARD OF ADJUSTMENT Signed: Clarence W. Mahc ,Chairperso Date Filed: 01/07/2008 4 i