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Home My WebLink About032-2019-60-075(3) III FINDINGS, CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY,WISCONSIN Case: 17-04 Applicant: Kuryakyn Holding Complete Application Received: April 15,2004 Hearing Notice Publication: Weeks of May 10 and 17, 2004 Hearing Date: May 27, 2004 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and conducted an on-site inspection, the Board finds the following facts: 1. The owner of the property is Kuryakyn Holdings, PO Box 37, Stillwater, MN. 2. The property is located at 448 Highway 35/64 in the SE 1/4 of the NW 1/4, Section 5, T30N-R19W, Town of Somerset, St.Croix County, Wisconsin. 3. An application was made for a special exception permit to expand an existing business in The Board of Adjustment finds that the requirements s have been the Commercial District. q J met to grant the special exception pursuant to Section 17.18(1) of the St. Croix County Zoning Ordinance. This request is allowed in the Commercial District with a special exception permit. 4. The plans for the expansion have been professionally designed.ned. 5. The Land and Water Conservation Department has reviewed the designs and has approved of the request asking that the two areas of concerns be addressed in the conditions. 6. The Board finds that the request is not contrary to the public interest. 7. The Board finds that the spirit and intent of the ordinance would be met by granting this request. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the request for a special exception permit to expand an existing business in the Commercial District, however, the Board is aware of an undesirable access to the adjoining property owners and would like to see Kuryakyn work with the homeowners to come up with a new access, and with the following conditions: 1. This special exception allows Kuryakyn Holdings to expand its current facility to include a larger warehouse/office and parking lot. 2. A financial guarantee equal to 120% of approved construction estimates must be submitted in favor of St. Croix County, to be held by the Zoning Office for the erosion control, landscaping and grading activities (to ensure proper construction). The initial financial guarantee period may be for a minimum of one year and shall automatically renew until the county releases any or the entire financial guarantee. Written estimates must be submitted to the Zoning office for review and approval. No construction, including earth moving, shall take place prior to approval of the financial guarantees The applicant shall have the engineer submit proof that the plans were installed as a 0 approved. This document can be submitted in the form of an as-built or other document that county staff can review to ensure the plans were installed in accordance with the original design. Upon substantial completion of all required improvements, the applicant shall notify the County Zoning Administrator of the completion of the improvements in writing. The County Zoning Administrator, in consultation with appropriate experts, shall inspect the improvements. The County may retain a portion of the guarantee, for a period not to exceed two years after final acceptance of an improvement to ensure the project has been stabilized, this amount is not to exceed 15% of the cost of the improvement (erosion control and grading activities). 3. The applicant must record a storm water management plan and a drainage easement for the permanent storm water control structures against the deed for the property. The applicant is responsible to provide a recorded copy to the Zoning Office within 60 days of the completion of the final grading. The intent is to make the current and future owners aware of the responsibilities associated with the storm water management plan as well as the limitations (filling, grading, etc.) the landowner incurs as a result of the plan. 4. The applicant shall provide the Zoning Office with the name and phone number of the person responsible for installing and maintaining the erosion control plan. 5. Prior to beginning any work, the applicant must schedule an on-site pre-construction meeting that includes the landowner, contractor, engineer, architect, and St. Croix County Zoning and/or LWCD staff members. Items to be discussed include but are not limited to coordinating installation of BMP's, construction timelines, roles and responsibilities of owner, engineer, architect, contractor, etc. 6. The applicant shall address the LWCD concerns before this permit is valid. Those concerns are: Provide a stamped and signed copy of the as-built from the 2001 stormwater construction and the riprapped outfall must fully extend to the bottom of the new proposed stormwater pond. 7. The applicant shall continue to comply with the terms of the previous special exception decision dated August 1, 1995 and September 13, 2001. 8. Outdoor storage is not permitted. 9. Any proposed lighting is to be illuminated downward to eliminate light pollution onto neighboring properties. 10. All utilities, including electric, cable television, telephone, gas, water, storm and sanitary sewers, except electric power lines exceeding 1200 volts, shall be underground [sec. 17.18 (1)(f) 4.] 11. The all disturbed areas shall be seeded, and mulched per approved plan by September 15, 2004. 12. The applicant shall provide a hard surface (asphalt/concrete) on all interior driving areas within six months of the completion of the project. 13. One (1) sign is allowed with total signage area not to exceed 100 square feet. This sign must be located a minimum of 10 feet from all property lines. Any other signage must be approved by the Zoning Department and must strictly adhere to the St. Croix County 2 0 0 Signage Ordinance. 14. Applicant to maintain a minimum of one parking space for each two employees and one parking space for each 200 square feet of retail ground floor area plus at least one additional parking space for each 500 square feet of upper floor area. 15. The property shall be kept in a neat and orderly manner. 16. The applicant shall secure all necessary town approvals, including compliance with any building code issues. 17. The applicant shall receive approval for the building plans from the Wisconsin Department of Commerce. Applicant shall submit a copy of the state approved building plans to the Zoning Office prior to commencing construction. 18. The applicant shall allow free and unlimited access to the project site at any reasonable time to any Zoning Office employee who is overseeing the project construction, operation, or maintenance. 19. The Zoning Office is to be notified at the start and the finish of the project. 20. The applicant shall have one (1) year from the issuance of the Special Exception permit to act on the Special Exception permit. Failure to commence business operation in this period shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before commencing the business operation. 21. Any minor changes (or additions) in expansion of the project, including the facility plan, signage, lighting, grading, and parking, shall require review and approval by the Zoning Director. Any major change and/or addition to the originally approved plan will go through the Special Exception approval process, where applicable, as stated in the ordinance. 22. 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; Golz, yes; Luckey, no; Krueger, yes; Chairperson Speer, yes. Motion carried on a 4-1 vote. 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,which is available from Northwestern Court Reporters,Hudson, Wisconsin. It is the responsibility of the Board of 3 Adjustment to submit its record(file)of this matter to the circuit court. ZOrJG BOARXF US TMENT Signed: 2 hairperson Attest:-' Date Filed: 10/20/04 Planning and Zoning Director 4 Parcel #: 032-2019-60-075 03/02/2012 08:52 AM PAGE 1 OF 1 Alt. Parcel M 05.30.19.541 D-20 032-TOWN OF SOMERSET Current E ST. CROIX COUNTY,WISCONSIN Creation Date Historical Date Map# Sales Area. Application# Permit# Permit Type #of Units 08/05/2005 00 0 Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner O-KURYAKYN HOLDINGS LLC KURYAKYN HOLDINGS LLC 454CTYRDVV SOMERSET WI 54025 Districts: SC=School SP=Special PropertAddress(es): '=Primary Type Dist# Description r *448 f-LWY 35- SC 5432 SCH DIST OF SOMERSET SP 1700 WITC Legal Description: Acres: 8.260 Plat: 5036-CSM 20-5036 032-2005 SEC 5 T30N R19W PT SE NW& PT NE SW Block/Condo Bldg: LOT 01 BEING PT OF LOTS 1 &4 CSM 7/1868 BEING CSM 20-5036 LOT 1 (8.26 AC) Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4) 05-30N-19W Notes: Parcel History: Date Doc# Vol/Page Type 05/20/2011 936451 QC 08/05/2005 802555 20/5036 CSM 07/28/2004 769994 2625/369 WD 08/02/1999 607833 1446/51 LC more... 2011 SUMMARY Bill M Fair Market Value: Assessed with: 134771 2,131,100 Valuations: Last Changed: 10/12/2010 Description Class Acres Land Improve Total State Reason COMMERCIAL G2 8.260 '66,300 2,091,000 2,157,300 NO Totals for 2011: General Property 8.260 66,300 2,091,000 2,157,300 Woodland 0.000 0 0 Totals for 2010: General Property 8.260 66,300 2,091,000 2,157,300 Woodland 0.000 0 0 Lottery Credit: Claim Count: 0 Certification Date: Batch#: Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 a � a I vcv� I I 00 0 I pr I f - •� ' C $ x x L< A A Z Z N Vl N 0 0 m Z m mO 8 cZi m Z c A o z;o Z a 0 m > X m z m 0 a 0 3 y° - Z c FM o a + 0 N n A M Z z y m "i c c II N N BYO C YO z N NO i p / e IPi A to o� r 9,W k' w iir r 1 /lr i I �� Vn PIP w o n \ m 11 w C� cio �Ci I l I l l!l/ 11111j11,1 I \- �i C NO=D m O Z ------- ----------- D O , , ,------ o ------------- LU / / , / I ------------ ♦\ ______ 2 -------------- - O < 4 _ / 1 / I I