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HomeMy WebLinkAbout026-1011-80-100 (2) M O °u3 o r: w � I o O I' c a o o cz N 1 o" M 1 _O h 0 CL (y 0 r� C 0 O N �O z a v ° LO LO z o0 LL C LL O w N '6 N ICI' I a 3 m w z $ _ v z I o i a� d M w (L m O Z :!t a C U � � O N W c i N - N O O C 01 N 7 fl_ N c 0 0 C) 0 O O O O CL (n U N N O U w O I. O N a .t z m Z Z O . O O N 0 o 0 Z I O LO .. E d Y *a a r IIICO W y d Q7 C E D G a 0 t rn rn U) O z N > v_ F' F' F- d O cr •tea Zaaa Bo.' ii ;S r- o U)7 y > to V 3 rn rn Cl) r 0 0 0 It U') Cn W O c Co 3 w Q O C Z N C 'y O O 3 06 O r c} (O O 0 O ar � F- U N O N u d O O O O rVV\ 'I 0) p C'4 N N N _ N W O d O C m h qj N N ■ O E LO ua w w a iH M � ID D V • i,.� 0 0 N O Z N V7 r \ � �t I •E d V w R a 3 df a L: CL w rr`Fw+1 E v c "1 A to U d 2 o in L) S" 0-C Mr k'UUNIJ fir. - I PLANNING &. ZONING ,. ... .>.;.x: 's�:.um:.:..::xur::2r as"'owar• ..;;.:. ar:;ra y. a. February 24,2006 File Ref: 06SE0055 >c Nancy Doar 1.171 Highway 64 New Richmond, WI 54017 E`er Re: St. Croix County Special Exception Request,Parcel#: 4.30.18.42A-10, Town of Richmond Code Adminisrratt Dear Ms. Doar: 715-386-4680 ;. The St. Croix County Board of Adjustment(Board) has reviewed your special exception request Land Information"k.0 to operate a beauty salon as a major home occupation on your property in the Town of Planning 715-386-4674,=" Richmond. At the hearing on February 23, 2006, the Board approved the special exception request with conditions. The enclosed document is the formal decision regarding the application. Real Pr� iry 715 _ -4677 You must obtain any other required local, State, and Federal permits and approvals. Should you have any questions or concerns,please contact me at 715-386-4680. R 'cling -386-4675 Sincerely, R . OF Jenny Shillcox "> Zoning Administrator/Land Use Specialist Enclosure: Formal Decision cc: Clerk,Town of Richmond €< Diane Schermann,Wisconsin Department of Transportation File I ST.CROIX COUNTY GOVERNMENT CENTER 1 101 CARMICHAEL ROAD,HUDSON, W/ 54016 715386-4686 Fax P7_C?CO.SA/NT-C,4OIX.W/.US �NV�.'4V...^.. AINT-i:R:•IX.W".0 2. This special exception permit shall be temporary in nature and shall be granted only to Nancy Doar at her current address. It shall not be transferable from person to person or address to address. I 3. Prior to commencing the major home occupation,the applicant shall obtain any other required local, state, or federal permits and approvals, including but not limited to a commercial driveway permit from the Wisconsin Department of Transportation. 4. The existing hill and trees shall be maintained to substantially screen all parked vehicles from adjacent properties and public roads. Additional trees and shrubs shall be planted by the applicant as needed to ensure proper screening. 5. Hours of operation shall not extend beyond 9:00 AM and 7:00 PM. 6. The applicant shall have no more than one employee in addition to herself. 7. The applicant shall be responsible for keeping the property in a neat and orderly manner. No materials or equipment shall be stored outside or be allowed to accumulate on the property. 8. All lighting associated with the business shall be illuminated downward and shielded away from neighboring properties to minimize glare. 9. Signage shall be limited to one two-square foot fagade sign on the accessory structure. 10. No onsite retail sales shall be allowed, including the resale of make-up,hair care,or other beauty products and accessories for purchase by the general public. 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(February 2008). 12. Any minor change or addition to the major home occupation, including but not limited to a change in use or the addition of services or staff,shall require review and approval by the Zoning Administrator prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 13. These conditions may be amended or more 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 changed without notice to the applicant and opportunity for a hearing. 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; Malick,yes; Luckey,yes; Jensen,yes; Chairperson Speer, yes. Motion carried unanimously. 2 FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST.CROIX COUNTY,WISCONSIN Case: SE0055 Applicant: Nancy Doar,property,owner Parcel Number: 4.30.18.42A-10 Complete Application Received: January 17,2006 Hearing Notice Publication: Weeks of February 6 and 13,2006 Hearing Date: February 23,2006 FINDINGS OF FACT AND CONCLUSTONS OF TAW Having heard all the testimony, considered the entire record herein, and reviewed the site the Board finds the following facts: 1. The applicant is Nancy Doar,property owner, 1711 Highway 64,New Richmond,WI 54017. 2. The site is located in part of the SW % of the NE % and the SE % of the NE '/ of Section 4,T30N- Rl 8W,Town of Richmond, St.Croix County,W1. 3. The applicants filed an application with the Board of Adjustment for a special exception permit for a major home occupation to operate a beauty salon pursuant to Section 17.155(5)of the St. Croix County Zoning Ordinance. 4. This request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that major home occupations are allowed in the Ag Residential District. Approval of this request will allow for a small, locally owned and operated business along a highly traveled corridor leading into New Richmond.Additionally,the proposed salon will complement existing commercial businesses and will not detract from existing residences in the surrounding area. 5. The proposed beauty salon meets all of the general standards for home occupations pursuant to Section 17.155(4)(a)-(h),and standards specific to major home occupations pursuant to Section 17.155(6)(a)-(f)of the St. Croix County Zoning Ordinance. 6. This request will not negatively impact the public health,safety or general welfare of the public,nor will it be substantially adverse to property values in the neighborhood due to the fact that the parking area is screened from Highway 64 and adjacent properties to the north by a hill, and the properties to the west and south are commercial and governmental in use.Family members own the property to the east. The proposed salon will be consistent in design and character with these existing land uses. 7. This request does not constitute a nuisance by reason of noise,dust, smoke,odor or other similar factors as no services or operations will occur outside of the accessory garage, and no loud noises, smoke,or odors will be produced. DF.CTSION 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 for a major home occupation,with the following conditions: 1. This special exception permit allows the applicant,Nancy Doar,to operate a beauty salon out of an accessory garage on her property as indicated in the application submitted on January 17,2006,and the drawings submitted on January 23,2006. Approval for this special exception permit does not include any additional structures, services,or operations not indicated in the materials as part of the proposed major home occupation. 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 Signe _ e Slker,Chi irp on Date Filed: 02/24/06 Attest: JenvIer Shillcox,Zoning Administrat 3 Doer Special A Proposed Operation Exception Request Special exception request for a major home occupation to operate a beauty �1T'•ii' salon in the All Res District, -Nancy Doar,property owner. Special exception request for a major home occupation to -Primary use will remain residential, operate a beauty shop pursuant to Section 17.155(6)of the -Beauty salon will operate out of ;F- existing 10004quare foot garage. St.Croix County Zoning Ordinance. -Access to property shared with a Carpat Carder on adjacent property. Owner: Nancy Doar,current owner surrounding land uses era commercial,residential,and govemmental. Location: Part of the SW'/4 of the NE 1/4 and the SE Y4 of the NE 1/4 of Section 4,T30N,R18W, Town of Richmond Site Address:1171 Highway 64,New Richmond,WI 54017 Beauty Salon Details Comments&Concerns The Town of Richmond has not submitted a recommendation on this e......... -, .- -No more than two employees. request. -Hours of operation not to exceed to 7 PM. The Wisconsin Department of Transportation has mailed the property -No No o outside storage. owners an application for a commercial driveway permit. -No retail sales,just special orders. -Salon more than 600 feet from Planning and Zoning staff finds: "^^ Preexisting residences. -Adequate off-street parking areas -The request meets the spirit and Intent of the Ordinance in that �`• for clients. major home occupations are allowed uses in the Ag Residential H -Two-square foot fagade sign. District with a special exception permit. -The request meets the standards for major home occupations pursuant to Sections 17.155(4)(a-h)and 17.155(6)(a-f). -The request will complement existing commercial uses and will not detract from existing residential and governmental uses. f=� -The request will not constitute a nuisance. Staff Recommendation Staff recommends approval of the special exception permit with the following conditions for your consideration: -The special exception permit shall not be transferable from person to person or address to address. -All local,state,and federal permits—including WiDOT commercial driveway permit—shall be obtained prior to opening salon. -Parking area shall be substantially screened. -Hours of operation not to extend beyond 8 AM—7 PM. •Signage and lighting shall meet Ordinance requirements. -No onsite retail sales allowed. -Permit shall be reviewed in two years(February 2008). -Town of Richmond may request reconsideration based upon new information presented at its Town Board meeting. 1 STAFF SUMMARY: Section 17.155(5)of the Ordinance requires a special exception permit for major home occupations.General standards for all home occupations are outlined in Section 17.155(4)(a)-(h), and standards specific to major home occupations are outlined in Section 17.155(6)(a)-(f)of the Ordinance. The Board of Adjustment shall only grant special exceptions subject to the following provisions in Section 17.70 (7)(a)of the Ordinance: 1. No grant of a special exception shall violate the spirit or general intent of this chapter. 2. No special exception shall be allowed which would be contrary to the public health, safety,or general welfare or which would be substantially adverse to property values in the neighborhood affected. 3. No use shall be permitted by special exception that would constitute a nuisance by reason of noise, dust,smoke, odor,or other similar factors. 4. The Board shall also apply standards set forth in other sections of this chapter which apply to, particular classes of special exceptions. The Board of Adjustment,after contemplating all relevant information,may do one of the following: 1. Recommend approval of the request. 2. Recommend denial of the request. 3. Table/postpone the decision to absorb information gathered or request additional information. The Board of Adjustment must stipulate findings to support their special exception decision(for approval or denial). Staff offers the following findings and conclusions of law for the Board's consideration: 1. The applicant is Nancy Doar,property owner, 1711 Highway 64,New Richmond,WI 54017. 2. The site is located in part of the SW % of the NE 1/ and the SE '/ of the NE % of Section 4,T30N- R18W,Town of Richmond, St.Croix County,WI. 3. The applicants filed an application with the Board of Adjustment for a special exception permit for a major home occupation to operate a beauty salon pursuant to Section 17.155(5)of the St.Croix County Zoning Ordinance. 4. This request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that major home occupations are allowed in the Ag Residential District.Approval of this request will allow for a small, locally owned and operated business along a highly traveled corridor leading into New Richmond.Additionally,the proposed salon will complement existing commercial businesses and will not detract from existing residences in the surrounding area. 5. The proposed beauty salon meets all of the general standards for home occupations pursuant to Section 17.155(4)(a)-(h),and standards specific to major home occupations pursuant to Section 17.155(6)(a)-(f)of the St.Croix County Zoning Ordinance. 6. This request will not negatively impact the public health, safety or general welfare of the public,nor will it be substantially adverse to property values in the neighborhood due to the fact that the parking area is screened from Highway 64 and adjacent properties to the north by a hill, and the properties to the west and south are commercial and governmental in use.Family members own the property to the east.The proposed salon will be consistent in design and character with these existing land uses. -2- St. Croix County Board of Adjustment Hearing Date: February 23, 2006 APPLICATION #2: Special Exception Applicant: Nancy Doar,property owner Site Address: 1171 Highway 64,New Richmond,WI 54017 Property#: 4.30.18.42A-10 Computer#: 026-1011-80-100 Location: Part of the SW % of the NE % and the SE % of the NE % of Section 4,T30N,R18W, Town of Richmond Zoning: Ag Residential Lot Size: 14 acres Request: Special exception for a major home occupation to operate a beauty salon pursuant to Section 17.155(6)of the St.Croix County Zoning Ordinance. Exhibits: 1) Staff Report 2)Application for Special Exception and Site Plan 3)Photos 4)E-mails from the Wisconsin Department of Transportation,February 17, 2006 BACKGROUND: The applicant requests a special exception permit for a major home occupation to operate a beauty salon on her property in the Town of Richmond. The applicant lives on the property and plans to operate the beauty salon out of an existing detached garage.The 1,080-square foot garage will be remodeled and landscaped,and no more than 1,000 square feet of the structure will be used for the beauty salon.Primary use of the property will remain residential. Details of the proposed beauty salon include: • Only one other person besides the applicant will be employed at the beauty salon. • Traffic will be minimal with no more than two vehicles at the salon per hour. • Hours of operation will not extend beyond 9:00 AM and 7:00 PM. • There will be no outside storage of any kind. • Adequate parking for salon clients will be provided on site. • The applicants are proposing a 2-square foot fagade sign on the outside of the accessory structure. • Access to the property is shared with a carpet center on the adjoining property to the west. • Make-up and hair products will be displayed for use on the premises and will be available for ordering, but will not be sold as retail. • The major home occupation is located more than 500 feet from all preexisting neighboring residences. It is surrounded by the City of New Richmond municipal boundaries, and adjoining land uses are commercial, governmental,and residential. G©VERNMENTAL AGENCY REVIEW:, Town of Richmond: The Town Board has not submitted a recommendation on this request. Wisconsin Department of Transportation: Sarah Gjelhaug will send the Doars an application for a commercial driveway permit to ensure compliance with state highway standards(Exhibit 4). The Department does not object to the request. iTE REviEw: . The site is almost completely surrounded by the City of New Richmond.Properties adjacent to this site are commercial, governmental,and residential in use.The applicants share a driveway with an existing commercial carpeting business on an adjacent lot. Exhibit 1 - 1 - 7. This request does not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors as no services or operations will occur outside of the accessory garage, and no loud noises, smoke, or odors will be produced. . ... ._ .. 3.. Based on the findings of fact and conclusions of law, staff recommends approval of the special exception permit with the following conditions for your consideration: 1. This special exception permit allows the applicant,Nancy Doar,to operate a beauty salon out of an accessory garage on her property as indicated in the application submitted on January 17,2006,and the drawings submitted on January 23, 2006. Approval for this special exception permit does not include any additional structures, services, or operations not indicated in the materials as part of the proposed major home occupation. I 2. This special exception permit shall be temporary in nature and shall be granted only to Nancy Doar at her current address. It shall not be transferable from person to person or address to address. 3. Prior to commencing the major home occupation,the applicant shall obtain any other required local, state,or federal permits and approvals, including but not limited to a commercial driveway permit from the Wisconsin Department of Transportation. 4. The existing hill shall be maintained to substantially screen all parked vehicles from adjacent properties and public roads.Additional trees and shrubs shall be planted by the applicant as needed to ensure proper screening. 5. Hours of operation shall not extend beyond 9:00 AM and 7:00 PM. 6. The applicant shall have no more than two employees in addition to herself. 7. The applicant shall be responsible for keeping the property in a neat and orderly manner. No materials or equipment shall be stored outside or be allowed to accumulate on the property. 8. All lighting associated with the business shall be illuminated downward and shielded away from neighboring properties to minimize glare. 9. Signage shall be limited to one two-square foot sign on the property. 10. No onsite retail sales shall be allowed including he resale of make-up,hair care or other beauty g P> Y products and accessories for purchase by the general public. 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(February 2008). 12. Any minor change or addition to the major home occupation, including but not limited to shall require review and approval by the Zoning Administrator prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 13. These conditions may be amended or more 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 changed without notice to the applicant and opportunity for a hearing. 14. Accepting this decision means that the applicant has read,understands,and agrees to all conditions of this decision. -3-