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Home My WebLink About028-1006-90-000 (2) K' ST. A)IX COUNTY WISCONSIN ZONING OFFICE ST. CROIX COUNTY GOVERNMENT CENTER 77 -= 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680• Fax (715) 386-4686 November 1,2004 File Ref: 31-04 Loren and Marilyn Smeester 1954 50'x'Avenue Baldwin, WI 54002 Re: St. Croix County Board of Adjustment Decision,Parcel ID: 2.28.17.28B,2.28.17.31B Dear Applicant: The St. Croix County Board of Adjustment has reviewed your application requesting a special exception permit to operate a farm store as a major home occupation and has approved this application with conditions. The enclosed document is the formal decision regarding your application. Should you have any questions or concerns, please contact Jenny Shillcox, Zoning Specialist, at 715-386-4682. Sinc ly, David Fodroczi Planning and Zoni g Di ctor js Enclosure cc: Delores Vrieze,Clerk,Town of Rush River,w/enclosure Parcel #: 028-1006-90-000 04/07/2014 09:35 AM PAGE 1 OF 1 Alt. Parcel M 02.28.17.31 B 028-TOWN OF RUSH RIVER Current ❑ ST. CROIX COUNTY,WISCONSIN Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units 00 0 Tax Address: Owner(s): 0=Current Owner, C=Current Co-Owner O-SMEESTER, LOREN JR&MARILYN LOREN JR&MARILYN SMEESTER 1954 50TH AVE BALDWIN WI 54002 Property Address(es): '=Primary "1954 50TH AVE Districts: SC=School SP=Special Type Dist# Description SC 0231 SCH D BALDWIN-WDVILLE SP 1700 WITC Notes: Legal Description: Acres: 7.550 SEC 2 T28N R17W 7.55A IN SW SE THAT PART OF LOT 1 OF CSM 5/1362 Parcel History: Date Doc# Vol/Page Type 07/23/1997 1128/506 WD 07/23/1997 1128/505 WD 07/23/1997 899/158 07/23/1997 678/570 Plat: '=Primary Tract: (s-T-R 4o1i 160%) Block/Condo Bldg: 1362-CSM 05-1362 028-83 02-28N-17W LOT 01 I 2014 SUMMARY Bill M Fair Market Value: Assessed with: Use Value Assessment Valuations: Last Changed: 04/11/2008 Description Class Acres Land Improve Total State Reason AGRICULTURAL G4 4.550 1,000 0 1,000 NO OTHER G7 3.000 13,500 123,800 137,300 NO Totals for 2014: General Property 7.550 14,500 123,800 138,300 Woodland 0.000 0 0 Totals for 2013: General Property 7.550 14,500 123,800 138,300 Woodland 0.000 0 0 Lottery Credit: Claim Count: 1 Certification Date: Batch#: 145 Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 Parcel #: 028-1006-20-000 04/07/2014 09:35 AM PAGE 1 OF 1 Alt. Parcel M 02.28.17.28B 028-TOWN OF RUSH RIVER Current D ST. CROIX COUNTY,WISCONSIN Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units 00 0 Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner O-SMEESTER, LOREN JR&MARILYN LOREN JR&MARILYN SMEESTER 1954 50TH AVE BALDWIN WI 54002 Property Address(es): '=Primary Districts: SC=School SP=Special Type Dist# Description SC 0231 SCH D BALDWIN-WDVILLE SP 1700 WITC Notes: Legal Description: Acres: 2.450 SEC 2 T28N R17W 2.45A IN SE SW THAT PART OF CSM 5/1362 Parcel History: Date Doc# Vol/Page Type 07/23/1997 1128/506 WD 07/23/1997 1128/505 WD 07/23/1997 899/158 07/23/1997 678/570 Plat: *=Primary Tract: (s-T-R 401/4 160%) Block/Condo Bldg: * 1362-CSM 05-1362 028-83 02-28N-17W LOT 01 2014 SUMMARY Bill M Fair Market Value: Assessed with: Use Value Assessment Valuations: Last Changed: 08/30/2005 Description Class Acres Land Improve Total State Reason AGRICULTURAL G4 2.450 400 0 400 NO Totals for 2014: General Property 2.450 400 0 400 Woodland 0.000 0 0 Totals for 2013: General Property 2.450 400 0 400 Woodland 0.000 0 0 Lottery Credit: Claim Count: 0 Certification Date: Batch M Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY,WISCONSIN Case: 31-04 Applicant: Loren and Marilyn Smeester,owners Complete Application Received: August 16,2004 Hearing Notice Publication: Weeks of October 4 and 11,2004 Hearing Date: October 21,2004 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 Loren and Marilyn Smeester,the owners of the property. 2. The site is located at the SE'/4 of the SW '/4 and the SW '/4 of the SE '/4 of Section 2,T28N-RI 7W, Town of Rush River, St. Croix County, Wisconsin. 3. The applicant filed an application with the Planning and Zoning Department for a special exception request to operate a farm store to sell bison meats and bison by-products,as well as a wholesale meat operation as a major home occupation. 4. The requirements have been met to grant the special exception permit for the farm store as a major home occupation pursuant to Section 17.155 (4)and Section 17.155(6)of the St. Croix County Zoning Ordinance. 5. The wholesale meat operation does not need a special exception permit as general farming and livestock raising are permitted uses in the Agricultural District pursuant to Section 17.14(1)(a). 6. The business will generate minimal traffic with sufficient area for parking and will not change the agricultural character of the area. 7. The business is consistent with policies for protecting agricultural operations in the St.Croix County Development Management Plan 2000-2020. 8. No citizens or property owners opposed the request. 9. The Town of Rush River has recommended approval of the request,finding that the business fits within the Town Comprehensive Plan for Ag-related industries. 1 O.The Board finds that the spirit and intent of the ordinance would be met by granting this request. DF,CiSION On the basis of the above Findings of Fact,Conclusions of Law,and the record herein,the Board approved the applicant's request for a special exception permit for a major home occupation,subject to conditions: 2 0 1. This permit allows the applicant to operate a farm store for selling only bison meat and bison by- products from bison raised on the property. The farm store shall only be operated within the chicken coop as specified in the application as a major home occupation in accordance with Section 17.155(6)(a-f)of the Ordinance. 2. Before this permit is valid,the applicant shall provide to the Planning and Zoning Department a signage plan for the home occupation. All signage must be non-illuminated and meet the provisions of Section 17.155 (6)(d)3 and 17.30(3)(a-b)of the Ordinance. 3. Any minor addition or change in operation, circumstance,and/or scope of the major home occupation shall require review and approval by the Zoning prior to making the addition or change. Any major addition or change to the originally approved permit will have to go through the special exception approval process. I 4. The outward appearance of the chicken coop housing the farm store shall not be altered or the occupation within the coop be conducted in such a manner which would cause the premises to differ from its agricultural character by either the use of colors,materials,construction, lighting, signs,or the emission of sounds,noises,odors, or vibrations. 5. Hours of operation for weekly appointments shall not extend earlier than 8:00 AM nor later than 10:00 PM Monday-Friday. Weekend operation hours shall not extend earlier than 1:00 PM nor later than 5:00 PM. 6. There shall be no exterior storage of business equipment,materials,merchandise, inventory, vehicles, or heavy equipment. 7. The home occupation shall not produce noise or objectionable odors,vibrations,glare,fumes or electrical interference detectable beyond the lot line of the parcel on with the home occupation is located. 8. The home occupation shall not illegally discharge any animal waste,materials,fluids,or gases into the on-site sewer treatment system nor discharge such items in violation of ay applicable government code. 9. 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 amended or added without notice to the applicant and an opportunity for a hearing. 1.0. Accepting this decision means that the applicant has read,understands, and agrees to all conditions of this decision. By accepting this approval the owners are ultimately responsible for compliance with the conditions of this approval. The following vote was taken to approve: Jensen,yes;Luckey, no;Krueger,yes; Chairperson Speer,yes. Motion carried on a 3-1 vote. 3 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,which is available from Northwestern Court Reporters,Hudson,Wisconsin. 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• lie S er, rson Date Filed: 11/01/04 Attest: David Fodroczi,Plann an rang Director 4 ST. AOIX COUNTY WISCONSIN ZONING OFFICE T ��rrrN■■� ....■ ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 -- (715) 386-4680• Fax (715) 386-4686 December 14,2004 File Ref: 31-04 Loren and Marilyn Smeester 1954 50"'Avenue Baldwin, WI 54002 Re: Off-Premises Signs in St.Croix County Dear Mr. and Mrs. Smeester: I am sending you this letter as a follow-up to our discussion today regarding your options for signage. On October 21, 2004, the St. Croix County Board of Adjustment approved your request for a special exception permit for a major home occupation with the following condition(Condition#2 of the permit): "Before this permit is valid, the applicant shall provide to the Planning and Zoning Department a signage plan for the home occupation. All signage must be non-illuminated and meet the provisions of Section 17.155 (6)(d) 3 and 17.30(3)(a-b) of the Ordinance. " The intent of this condition is to ensure that your three existing signs (including one on-site sign and two directional signs) are in compliance with the Ordinance, mapped, and adequately documented as part of our special exception permit. Today, you wanted to explore options for the placement of an off- premises P P P Y Y premises directional sign on property you own located along Interstate 94. To recap,the three options we discussed are as follows: 1. Apply for an amendment to Condition #2 of your special exception permit to remove one of the existing directional signs and place a new 32 sf sign along Interstate 94. From staffs perspective, this would be the preferred alternative. All signs for your major home occupation should be approved as part of your special exception permit, and you are simply requesting to change the location and size of one of the existing signs in a manner that still conforms to Sections 17.65(3) a and c of the Ordinance. The cost for this option is $150 for a re-advertising fee. The Board of Adjustment will make the final decision on this after a public hearing. 2. In addition to #1 above, also apply for a variance to exceed the 32 sf size restriction for off- premises signs in the Ag district. As I mentioned, you must be able to prove that strict compliance with the Ordinance creates a non-economic, unnecessary hardship in order to obtain a variance. This may be difficult to do in your case, but you certainly have the option of applying for it if you feel that 32 sf is not big enough. Incidentally, I looked up the required structure setback from Interstate 94,which is 50' from the ROW or 190' from the center of the median,whichever is greater (pursuant to Section 17.64(1)(a) of the Ordinance). The cost for this option is $500. The Board of Adjustment will make the final decision on this after a public hearing. 3. Apply for a rezoning for an existing—7-acre lot along Interstate 94 from Ag to Commercial in order to put up a sign up to 200 sf. You were considering this option because signs up to 200 sf are allowed in the Commercial and Industrial districts pursuant to Section 17.65 (1)b of the Ordinance. From the staffs perspective,this would be the least preferred alternative and should be considered as a last resort. To rezone a lot, issues such as surrounding land uses, soils, natural 0 !► features, access, proximity to public utilities,compliance with Town and County growth plans,etc. must be taken into consideration. Once the property is rezoned to Commercial, it is opened up to a broad range of future uses that wouldn't otherwise be allowed in the Ag district. The cost to apply for a rezoning is $700. The County Planning and Zoning Committee holds a public hearing on rezoning requests and makes a recommendation to the County Board, who then makes the final decision. Towns have the final say on rezoning decisions if they don't agree with the County Board. If the rezoning application is approved, you would then need to apply for a special exception permit for any use in the Commercial district pursuant to Section 17.18(1)(a) of the Ordinance. The cost for this is $600. The Board of Adjustment will make the final decision on this after a public hearing. You have the application forms for all of the options above, a copy of all sign Ordinances, and information on County criteria for variances. Please feel to contact me at 715-386-4682 if you have any other questions as you review these materials. Sincerely, enny Sh' cox Zoning Specialist cc: Delores Vrieze,Clerk,Town of Rush River Robert Bezek,Code Administrator, St. Croix County File 31-04 2 FORM NO.985-A 388967 Stock No. 26273 CERTIFIED SURVEY MAP NO. 1362 Part of the SE 1/4 of the SW 1/4 and part of the SW 1/4 of the -SE 1/4 of Section 2, Town 28 North, Range 17 West, Town Rush River, County of St. 1392ix, State of Wisconsin as described in Volume 5 of Certified Survey Maps, Page 6 as Certified Survey P!HFAber WEST LINE,SE 1/4, iZ SEC.21 T.28N-R.17W. UNPLAXTED LANDS FILED N89°51'16"E NOV 2 1983 f 758.70 :Z JAam O'OOIilRLL :2 FENCE :� 180W st mod$ :n p *raft ter, y WISDOM& y m I Z SYSTEM EM to o 10 EXISTING S n A0 Q BUILDINGS A PROVED :0 LOT I NOV 1 1983 SOUTH LINE,SWV4 435 612 SQ.FT± SEC.2,T28N-RlTW. 10.0'ACRES± ST. CROIX COUNTY w W/O R.O.W. w COMPREHENSIVE PARKS TLAN"O SW COR.SEC-2 0 410 575 SQ.FT.!' w AND ZONING COMMITTEE T.28 N-R17 W.' 9.4' ACRES± °o_ -W8 r --758.70'-- S89 051'16"W _ 9°5 11 6' 186.61' N89°5116"E ,\ --242749-_i -758.70'-- S89 05116 W �� ul i SOUTH 1/4 COR. ---5238.40'-- SEC -R17W. SOUTH LINE,SEI/4 � OAK DRIVE SEC.2,T-28WR17W SE O R:SEC. , SCALE:I"=200' UNFLATTEO LANDS 0 100 200 300 400 BEARINGS REFERENCED TO THE SOUTH LINE OF-SECTION 2 28 N- LEGEND R.17W. ASSUMED AS N89°6116 E. O G 3,4k 24" ROD WEIGHING 1.50 L /L 0 FOUND 3/4" ROUND IRON ROD 19 SET BERNTSEN ALUMINUM CAP MONUMENT SURVEYOR'S CERTIFICATE I, Leon R. Herrick, Registered Land Surveyor, hereby certify that I have surveyed, divided and mapped a part of the SE 1/4 of the SW 1/4 and part of the SW 1/4 of the SE 1/4 of Section 2, Town 28 North, Range 17 West, Town of Rush River, County of St. Croix, State of Wisconsin more particularly described as follows: Commencing at the South 1/4 corner of said Section 2, the point of beginning; Thence S 89° 51 ' 16" W, 186.61 feet; Thence N 00° 17' 17" W, 574.16 feet; Thence N 89° 51 ' 16" E, 758.70 feet; Thence S 000 17' 17" E, 574.16 feet; Thence S 890 51 ' 16" W, 572.09 feet to the point of beginning. Said parcel contains 435,612 square feet (more or less 10.0 acres ± Excludinq roadway right-of-way 4.10;575 square feet (more or less 9.4 acres ± . That I have made such survey, land division and plat at the direction of Lyle Jahn, owner of said land, Route 2, Baldwin, Wisconsin. Thatsuch plat is a correct representation of exterior boundaries of the land surveyed and subdivision thereof made. That I have fully complied with the provision regulations of the County of St. Croix in surveying, dividing and mapping the same. This survey is subject to existing roads and easements of record. •.+•••c�C 0�/ty�**& ., Dated this �o"'� day of (y+.T.b�r 1983. +�` �.............••S��i... - LEON R. Vol. 5 Page 1362 HERRICK 's S-1303 - 1-4 ILAA MENOMONIE. LEON R. HERRICK,09bistered Land Surveyor �•� WIS. •.•• +; �� •.• O� 14t� • SHEET 1. OF 1 ••,��y,D rna.••�o�•••'