HomeMy WebLinkAbout028-1020-50-000 (2) ST. CRL,X COUNTY
WISCONSIN
� .. . .� ZONING OFFICE
ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680 • Fax (715) 386-4686
July 12, 2002 File Ref: 11-02
Jon-De Farms, Inc.
Attn: Dean Doomink
2061 301h Ave.
Baldwin, WI 54002
Re: Board of Adjustment Decision
Dear Mr. Doornink:
The St. Croix County Board of Adjustment has reviewed your request to for a special
exception for a third residence for farm related employee housing in the Town of Rush
River and has approved your request. The formal decision regarding this request is
enclosed.
Should you have any questions or concerns, please contact me.
Sincer ,
Steve Fish
Zoning Director
dz
Enclosure
cc: Delores Vrieze, Clerk-Town of Rush River w/enclosure
David Sander, LWCD w/enclosure
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 11-02
Complete Application Received: April 15, 2002
Hearing Notice Publication: Weeks of May 6 and 13, 2002
Hearing Date: May 23, 2002
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 applicant is Jon-De Farms, Inc. whose address is 2061 30"' Avenue, Baldwin,
WI. The location of the proposed site is 2054 30t'Avenue, Baldwin, WI.
2. An application was made for a special exception use permit to allow a third
r es i de n ce to be co nstructed on the property for farm related employee housing.
3. The property is located in the SE '/ of the SW '/, Section 13, T28N-R17W, Town
of Rush River.
4. The Board of Adjustment found that this request conforms with the requirements
granted under Section 17.14(6)(a) of the St. Croix County Zoning Ordinance.
5. The Board finds that granting of this request will not be contrary to the public
interest as expressed by the objectives of the ordinance.
6. The Board of Adjustment found that the spirit and intent of the ordinance would be
met by granting the request.
DECISION
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 to construct a
third residence for farm related employee housing based on the following findings:
1. The Town of Rush River has recommended approval of the request.
2. Neighbor comments and concerns have been addressed and taken into
consideration.
3. The Land and Water Conservation Department has reviewed and concerns have
been addressed.
4. The residence will enhance the farming operation, will promote farming and lead
to continued agricultural uses in the area.
5. The new facility would be an asset for the employees and is an improvement
over the existing conditions.
6. The integrity of the ordinance will be upheld and the spirit and intent of the
ordinance will be met by granting the request.
With the following conditions:
1. This permit is for a nine-bedroom residence only for farm employees of Jon De
Farms, Inc. For any other use, the residence would have to fully comply with
the provisions of the St. Croix County Land Use Regulations.
2. At least one person who resides in the residences must earn 50% of his/her
income from the (Jon De Farms, Inc.) farm operation.
3. Applicant is to provide documentation to the Zoning Office that the Department
of Commence Safety and Buildings has approved the structure before this permit
is valid.
4. Applicant shall secure a sanitary permit from the Zoning Office.
5. Applicant must secure a town building permit prior to commencing construction.
6. Applicant to maintain at least one parking space for each bedroom. A minimum
of 9 parking spaces must be maintained per section 17.57 (8).
7. Applicant to maintain proper state licensing for this residence per Department of
Workforce and Development chapter 301.
8. The property shall be kept in a neat and orderly manner. No junk,junk cars or
garbage 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.
9. All driving and parking areas must be provided with a dust free surface
(asphalt/concrete/road millings, etc...). The applicant must submit a paving plan
to the Zoning Office prior to commencing this project.
10. The screening of the property to be completed according to plans presented at
the hearing.
11. The parking lot shall be screened/shielded as to prevent undesirable glare and
illumination of adjoining properties per section 17.56 (8).
12. Any proposed lighting must be illuminated downward and is to be shielded away
from neighboring properties.
13. Temporary seeding (ie. Rye grass) should be established after the initial grading
of the site. A silt fence shall be installed according to Wisconsin Construction
Site Best Management Practice Handbook.
14. Upon completion of final grading, permanent seeding and mulching must occur.
A seeding plan specifying seed type, rate per acre, and approximate seeding
date must be submitted to the Zoning Office for review and approval. All
channelized flow shall be protected with erosion control fabric.
15. A construction timetable must be submitted to the Zoning Office prior to the
commencement of this project.
16. Any stockpile of material shall be seeded with a temporary seeding.
17. The applicant is in agreement with the concerns/conditions listed in the letter
from the Town of Rush River dated May 16, 2002, and will adhere to these
additional requested conditions attached to this document and labeled as Exh 8.
18. The Zoning office is to be notified at the start and the finish of the project.
19. The applicant must allow free and unlimited access to the project site at any
reasonable time to any Zoning Office employee to inspect the property for
compliance with these conditions.
20. The applicant shall have the zoning administrator review this special exception
2
permit in two years from the approval date for compliance with this approval
(May 2004).
21. 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.
22. The applicant shall have one (1) year from the issuance of the special exception
permit to commence the construction. Failure to do so shall result in revocation
of the special exception permit. If the special exception permit expires before
business commences, the applicant will be required to secure a new special
exception permit before starting or completing the project.
23. 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.
24. Accepting this decision means that the applicant has read, understands, and Q
agrees to all conditions of this decision.
The following vote was taken to approve: Golz, yes; Peterson, yes; Chairperson
Speer, yes. 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 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 BO RD OF ADJUST ENT
a
Signed
-1-1/
hairper n
Dated: 07/12/02 Attest:
Filed: 07/12/02 it
3
RECEIVED
May 16, 2002 MAY 2 n 102
ST.CR WUNTY
St. Croix County Zoning Department NG OFFICE FFICE
ZONING
St. Croix County Government Center
1101 Carmichael Road
Hudson, Wi 54016
Re: Jon-de Farm housing for employees
Dear Committee:
On April 24, 2002 a Special Meeting for the Town Board of Rush
River was called for 1 :00 pm in regards to housing for the employees
of the Jon-de Farm.
The following was entered by Wm Findlay. A motion to declare that
on Wednesday, April 24, 2002, the Town Board of Rush River
deliberated the proposed Jon-de Farm Employee housing and made
the following comments to be forwarded to the St. Croix County
Board of Adjustments;
(1)St. Croix County Zoning ordinances are used as references,
chapter and paragraph
(2) plans and drawings dated 4/16/2002 & 4/23/2002 as
presented to the Board for size and occupancy
(3) Applicable Town Chairman's comments presented at the
Special Meeting 4/24/2002
(a) Landscape around front of building
(b) 17.56 (8) Double row of trees around building site, except
on North side
(c) 17.56 (8) Security lights in parking lot (shielded)
(d) light by front doors (dusk to dawn eye) that shine up and
down
(e) septic system large enough for a minumum of 18 people
(f) No more than 18 people residing or staying in facility at
one time
(g) all utilities (wires etc) are underground
(h) all special exceptions -Page 24- 17.24.6A..1 ,2,3,4,5, shall
be met
(i) 17.5 (7) parking lot shall be made with a dust free surface
(j) 17.57 (8) At least one parking space per room
(k) Zoning Administration shall enforce compliance with all
zoning requirements 17.71
(1) Building shall be classified as a commercial structure, land
remains zoned as exclusive ag.
EXHIBIT
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(4) habitability requirements (per State Statutes & County Regs)
including but not limited to:
personal hygiene
sleeping accomodations
laundry
cooking
recreation
(5) Notify Town Chairman of any on/site inspection discrepancies
(a) Zoning office shall be responsible for periotic inspections
of building and grounds
(6) Notify Town Chairman of any recurring inspection
discrepancies when periotic inspections are made and any recurring
discrepancies are noted
(7) Provide staggered 6ft to 8ft tall tree screening on easterly
and southerly site lines
(8) comments described and modified in a letter dated April 23,
2002 from the St. Croix County Zoning Office
(9) At the site of the present housing, the old house is to be
removed, the well closed, and the septic system be filled in within 90
days after occupancy of new residence
(10) Building shall be inspected by competent authorities before
final approval to allow use of building as intended
Seconded by Lloyd Weber. Vote was unanimous.
Sincerely,
z04
Delores Vrieze, Clerk
Town of Rush River
1815 Co Rd N
Baldwin, Wi 54002
cc: St. Croix Co. Zoning Office
Jon-de Farm
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