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HomeMy WebLinkAbout026-1010-50-000 a O w t3 wotSQ 0 5 dm rn m c I o ; 'v 7 C 4 L O X Q N c I' vi•-a o rOfOmc p d v c cw 0, I-- N CD� O y CL o Z = (D c >,z O L LL c Eoy3 0 (D yrn 3 v =-v 3 c%l 'O O a)N a I v X ° w w E ° = °o z a m M H Z O Z 7 a N H r � I N� ) Z Z Z O N c o � � I CL G c U) N CO) j E L 0 0 0 a = •N aaa N a_ (n J V Z Oni Ori O }�yy w z Q o o = O � ° ° aa) r m c V N Q C') aye m Q z U) C o o U) C o y uJ IV CD p N O N O r m m O C C LO V d M v c N cc o i E °� w V N a) I�1 � M O N O O • o o ! m O Z N Z z � � r a �t a L IL CL COO) A Cia � l', ouiv Parcel #: 026-1010-50-000 03/12/2010 12:43 PM PAGE 1 OF 1 Alt. Parcel#: 03.30.18.36B 026-TOWN OF RICHMOND Current ❑X 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 TODD J&DEBRA J VERBUNKER O-VERBUNKER,TODD J&DEBRA J 1273 175TH AVE NEW RICHMOND WI 54017 Districts: SC=School SP=Special Property Address(es): *=Primary Type Dist# Description *1273 175TH AVE SC 3962 NEW RICHMOND SP 8020 UPPER WILLOW REHAB DIST SP 1700 WITC Legal Description: Acres: 0.990 Plat: N/A-NOT AVAILABLE SEC 3 T30N R18W.99A IN NW SE COM NE COR Block/Condo Bldg: TH S 240'TH W 180'TH N 240'TH E 180' TO POB Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4) 03-30N-18W NW SE Notes: Parcel History: Date Doc# Vol/Page Type 02/08/2001 638243 1585/041 WD 07/13/1999 606764 1441/485 WD 07/13/1999 606763 1441/484 WD 10/02/1971 307219 477/125 LC 2010 SUMMARY Bill#: Fair Market Value: Assessed with: 0 Valuations: Last Changed: 09/09/2008 Description Class Acres Land Improve Total State Reason RESIDENTIAL G1 0.990 34,700 104,500 139,200 NO Totals for 2010: General Property 0.990 34,700 104,500 139,200 Woodland 0.000 0 0 Totals for 2009: General Property 0.990 34,700 104,500 139,200 Woodland 0.000 0 0 Lottery Credit: Claim Count: 1 Certification Date: Batch#: 550 Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 ZONING ACTIVITY WORKSHEET Property ID #: 101 o - 5-0 - O O Parcel#: -50 g 013 Municipality: Property Address: S -- Owner Name: tJ� Other Interest: Other Interest: Activity: Special Exception Variance Rezonement Request Date: ji?-,- �C10 Acres: Zoning District: A2 AG A/R RES COM IND Past Zoning: A2 AG A/R RES COM IND Overlay District: SHORELAND WETLAND FLOODPLAIN RIVERWAY < 1EE Type of Variance/Special Exception: Ordinance Citation: .mot Ordinance: =ZONING SANITARY SUBDIVISION Conditions: / - 3 Decision: APPROVED DENIED WITHDRAWN Date of Decision: Ju I/'t l C Notes: �pport _Linked to Rezoning _Objections Hardship conditions ST. CROIX COUNTY WISCONSIN ZONING OFFICE r N e N n ST. CROIX COUNTY GOVERNMENT CENTER ""■" 1101 Carmichael Road Hudson, WI 54016-7710 - - - (715) 386-4680 July 21, 1999 File Ref: 22-99 Mary Joan Boardman 12783 —175"' (8th Ave.) New Richmond, WI 54017 Re: Board of Adjustment Decision Dear Ms. Boardman: The St. Croix County Board of Adjustment has reviewed your application for a special exception permit for two family dwelling and has approved your application with conditions. The enclosed document is the formal decision regarding your application. Should you have any questions or concerns, please do not hesitate in contacting me. Sincerely, Steve Fisher Zoning Director dm Enclosure cc: Earl L. Mielke—Coldwell Banker Burnet Janice Ball, Clerk—Town of Richmond FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY,WISCONSIN Case: 22-99 Complete Application Received: May 27, 1999 Hearing Notice Publication: Weeks of June 7 and 14,1999 Hearing Date: June 24,1999 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 applicants are Mary Joan Boardman and Earl L. Mielke. 2. The applicants on May 27, 1999, filed with the Zoning Office an application for a special exception to allow a two family dwelling in the ag/residential district. 3. The property is owned by Mary Joan Boardman and is located in the NW '/of the SE %of Section 3, T30N, R18W, Town of Richmond, St. Croix County, Wisconsin. 4. Request is for a special exception permit for a Two Family Dwelling in the Ag/Residential District pursuant to Section 17.125(6)(a). 5. The current structure has been connected to city sewer and water since 1951 and is located just outside of the City of New Richmond. 6. The Board of Adjustment found that the structure complies with all setback and ordinance standards. 7. The Town of Richmond recommends approval of the request. 8. The Board found that this special exception application conforms with the requirements of Section 17.15(6)(a) of the Zoning Ordinance. 8. The Board found that the spirit and intent of the Ordinance will be met by granting this special exception permit. 9. Under Section 17.70(7)(d) of the St. Croix County Zoning Ordinance, Special Exception permits may be terminated if the conditions of the decision are not met. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approves the applicant's request for a special exception for a Two Family Dwelling in the Ag/Residential District and has been approved based on the following findings: 1. This property has previously been a duplex for many years. 2. The home is hooked up to municipal sewer and water with the City of New Richmond. 3. The home has adequate parking, accesses and septic facilities to be used as a duplex. 4. The Town of Richmond has recommended approval. 5. The spirit and intent of the zoning ordinance will be met. with the following conditions: 1. Applicant to supply staff with a copy of a certified building inspectors report certifying that the structure meets applicable building code requirements for the proposed duplex. 2. The applicant shall have one (1)year from the issuance of the Special Exception permit to act on the Special Exception Permit. Failure to utilize the home as a duplex in this timeframe 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 construction on the project. 3. Failure to comply with the above conditions shall result in revocation of the Special Exception Permit. The following vote was taken to approve: B. Wert Yes D. King Yes N. Golz Yes R. Peterson Yes Chairperson Speer Yes 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 rso Attest ZZ N� Zoning birector Dated: 07/26/99 Filed: 07/26/99 BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES_ June 24, 1999 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A role call was made. Julie Speer, Dick King, Nick Golz, Rich Peterson and Brian Wert were present. Chairperson Speer believes this to be a properly noticed meeting. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, Debbie Murphy, Administrative Secretary and Kevin Grabau, Zoning Technician. Motion by Wert, second by Peterson to adopt the agenda. Motion carried. Motion by King, second by Golz to approve the May minutes. Motion carried. The Board set the next meeting date as July 22, 1999. The starting time will be 8:30 a.m. Steve Fisher introduced Kevin Grabau to the Board. Kevin is the new Zoning Technician and will be working mostly with the septic program. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available today if needed. OLD BUSINESS It was noted that the Gregory and Kathleen Johnson application for a Special Exception request for a Telecommunication Tower has been postponed until the July meeting. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public hearing notice was published correctly and was published as follows: PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, June 24,1999 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. An on-site investigation will be made of each site in question, after which the board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: Variance request to 15 foot height restriction for accessory buildings pursuant to Section 17.12(5). Request is for a 6 foot variance to this height restriction. APPELLANT: Gary and Penny Karasch LOCATION: Located in Lot 22, Woodland Hills Addition, Section 25, T30N, R20W, Town of St. Joseph. 2. ARTICLE: Special Exception request for a Temporary Occupancy permit to live in a temporary mobile home while building a permanent residence pursuant to Section 17.70(3)(c)3. APPELLANT: Mark Mallet LOCATION: Located in the NW % of the SW '/ of Section 21, T29N-R15W, Town of Springfield. 3. ARTICLE: Special Exception request for a Commercial Use to locate a business for Used Vehicle Sales/ Leasing in an existing commercial building pursuant to Section 17.18(1). APELLANT: Timothy Caruso LOCATION: Located in the S %2 of the NE % of Section 5, T30N-R19W, Town of Somerset 4. ARTICLE: Special Exception request for a Telecommunications Tower and related equipment in the Ag/Residential District pursuant to Section 17.85(2)(b) of the Zoning Code Regulating Wireless Communication Facilities. APPELLANT: Michael and Kathleen Cody/ Jaymes D. Littlejohn and AirTouch Communications LOCATION: Located in the SE %of the SE %of Section 33, T31 N-R18W, Town of Star Prairie. 5. ARTICLE: Special Exception request for a Two Family Dwelling in the Ag/Residential District pursuant to Section 17.15(6)(a). APPELLANT:Mary Joan Boardman/Earl Mielke-Coldwell Banker Burnet LOCATION: Located in the NW '/of the SE %of Section 3 T30N-R1 8W, Town of Richmond. All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Director, Hudson, Wisconsin at(715)386-4680. Julie Speer, Chairperson St. Croix County Board of Adjustment Gay and Penny Karasch Fisher explained that this application is for a variance to the height requirement for an accessory structure. The applicant requested a 6 foot variance to construct his building, but after review by the Zoning Office regarding the way the building height is measured, it was determined that a 3 Y2 foot variance would be needed. The proposed building would house the applicant's motor home and other large vehicles. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Map showing location of the property Exhibit 3: Picture showing how the 3 Y2 foot variance was determined Exhibit 4: Copy of page of Zoning Code stating height restriction Exhibit 5: Variance application with attachments Exhibit 6: Letters of support from surrounding neighbors Exhibit 7: Recommendation of variance from the Town of St. Joseph. The Town of St. Joseph is asking the county to revise this part of the ordinance to allow accessory buildings to be higher than 15 feet to accommodate the larger vehicles that are now 2 being purchased by homeowners. They would rather see these vehicles stored inside a building than sitting out on someone's property. Gary and Penny Karasch, being duly sworn, are the owners of the property. They reiterated what Fisher presented to the Board. They have a motor home, snowmobiles and other vehicles that they would like to have stored in a building on their property. These vehicles are expensive and at the present time, they have to store them off-site. Karasch needs a 14 foot overhead door to be able to get the motor home inside the building. The building will be approximately 18 feet in height, (the average height of the building from the eave to the ridge)and 21 feet in total height. They meet all their setbacks for the structure. The Board will visit the site. Mark Mallet Rod Eslinger explained to the Board that this request is for a temporary occupancy permit for a mobile home to be placed on site while a primary residence is constructed. All permits have been secured. This came to the Zoning Office's attention when the plumber came in to pull the permit. Eslinger stated that the applicant has been very cooperative. The applicant was not made aware by the Town that he needed a temporary occupancy permit. The following exhibits were introduced: Exhibit 1: Staff report and site map Exhibit 2: Special exception application and attachments Exhibit 3: Survey map with location of home Exhibit 4: Letter from the Town of Springfield recommending approval and a copy of the building permit. Exhibit 5: Copy of sanitary permit and state approved plan for mound system Mark and Kathryn Mallet, being duly sworn, state that they are the owners of the property. When he went to the town, they did not inform him that he needed this permit for his temporary home. The septic system was put in late April of the first part of May. Mallet presented pictures of his project and they were labeled as Exhibit 6. Mallet went on to explain that he owns 40 acres. The mobile home was moved on site the first part of April. The sanitary permit was issued in December, but not installed until later. They have two parties interested in buying their mobile home when they have moved into their new home. Eslinger stated that the reconnection permit has already been issued so all permits have been taken care of. The Board will visit the site. Timothy Caruso Fisher explained that this application is for a commercial business in the commercial district. There is presently a trailer sales and consignment business on the property. Caruso plans to run a business for used vehicle sales and U-Haul rental. He will be leasing space to Mr. Sayer for trailer sales . There will not be any consignment sales. Any signs on the property will comply with the zoning ordinance. 3 The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Special exception application and attachments Exhibit 3: Copy of agreement Caruso made with seller to insure that site is cleaned up. Exhibit 4: Copy of Certified Survey Map showing layout of business on property. Fisher told the Board that the Town of Somerset approves of this application. Timothy Caruso, being duly sworn, is the applicant. He explained that he plans to purchase Marv's Consignment and will be selling used vehicles and trailers, but will not have any consignment sales. He plans to clean up the property and will get rid of all consignment articles. He asked that the Board take a look at suggested condition number 4 on the staff report. He would like the August 1 st date moved back, as he will not be closing on the property until June 30th and that does not give him much time to remove the consignment goods. Other than that, he has no problem with any of the proposed conditions. Miles Wittig, being duly sworn, is the Vice Chairman of the Planning Commission for the Town of Somerset. He stated that the Town is very happy with this application and believes that the new owner will take care of a lot of the concerns that the Town has had with this property. The Town of Somerset supports this application. The Board will visit the site. Michael and Kathleen Cody/Jaymes D Littlejohn and AirTouch Communications This request is to locate a telecommunications tower in the Town of Star Prairie. The tower would be 199 feet in height and over 1,000 feet from the closest residence. The preferred color is galvanized steel, as it will not weather. The Board was informed that Jeff Nelson, the tower expert for the county, has asked for additional information with regard to co-location on area towers. Eslinger went over the staff report with the Board. The following exhibits were introduced: Exhibit 1: Staff report and attachments Exhibit 2: Letters from Attorney Littlejohn Exhibit 3: Special exception application and attachments Exhibit 4: Site analysis for Cody property and attachments Exhibit 5: Site plan for tower with attachments Exhibit 6: Facility plan from Air Touch Exhibit 7: Letter from the Town of Star Prairie recommending approval of application Exhibit 8: Letter from Jeff Nelson that was received June 23`d recommending postponement as he would like additional information. Jay Littlejohn, being duly sworn, is the agent for Michael and Kathleen Cody. He spoke with Jeff Nelson last evening and the AirTouch engineer is out of town so he could not speak with Nelson. 4 Exhibit 9: Colored map of the area to be used for the proposed tower. Littlejohn went onto explain to the Board that it would be less expensive for the company to co-locate on another tower and would prefer to do that, but there is not another tower that they can use that would provide the type of coverage that they need for this area. Dick King added that the coverage in the Somerset area is very poor and that was brought up at the Town meeting. Several people were at the meeting in support of this tower as many believe better coverage is needed. The tower will be 199 feet high and will not have any guidewires. Littlejohn stated that they have discussed this tower with the New Richmond Airport and they are within the zoning regulations for New Richmond zoning. The tower will be lighted according the F.A.A. rules. Jackie Henderson, being duly sworn, lives across the street from where the tower will be located and stated that she has no problem with her cell phone, and questions the need for the tower. The Board will visit the site. Mary J. Boardman/ Earl Mielke Fisher explained that this property was used as a duplex from 1947 to 1986. It was then turned into a single family home. Now the applicant would like to revert it back to a duplex and sell the property. The following exhibits were introduced: Exhibit 1: Staff report and attachments Exhibit 2: Special exception application and attachments Exhibit 3: Letter from the Town of Richmond recommending approval Mary Boardman and Earl Mielke, being duly sworn, state that Boardman is the owner and Mielke the agent. Mielke stated that they have a purchase agreement with a buyer for this property, but the buyer wants to purchase this as a duplex. He stated that DILHR inspection states that it meets all codes for a duplex and has city sewer, water and gas. It is located right outside of the City of New Richmond. Has been on city sewer and water since 1951. Boardman stated that it was an exception to the city water and sewer hookup back in 1951. William Leahy, being duly sworn, is a neighbor to this property. He has no objection to this being a duplex. The Board will visit the site. The Board recessed at 9:40 a.m. to conduct site visits. DECISIONS The Board reconvened at 12:30 p.m. to render Decisions. Gary and Penny Karasch Motion by King, second by Wert to approve applicant's request for a variance to the height restriction for an accessory building based on the following findings: 5 1. The request is reasonable. The applicant is asking for a 3 Y2 foot variance to construct a building to house a motorhome and boat on his property. The height of the motorhome is such that it would not fit in a 15 foot high building. 2. The vehicles will be enclosed and not left sitting out on the property which is preferred by the Town of St. Joseph. 3. The building meets all of the required setbacks. 4. The building will be screened from surrounding properties. 5. The request is not contrary to the public interest as expressed by the objectives of the ordinance. 6. The request meets the spirit and intent of the ordinance. With the following conditions: 1. Applicant to apply for and obtain a building permit from the Town of St. Joseph. 2. Applicant is granted a 3%foot variance to construct an accessory building with an average height of 18 %2 feet, total height of building from grade to peak is 21 feet. 3. Accessory structure to be located 20 feet from property lines. The structure will meet county road setback of 100 feet from the road right of way. 4. The applicant shall have one (1)year from the date of issuance of the variance to construct the proposed accessory building. Failure to construct the building in this timeframe shall result in the expiration of this variance approval. If the variance expires, the applicant will be required to secure a new variance through a separate variance application. The following vote was taken to approve: Peterson, yes; King, yes; Golz, yes; Wert, yes; Chairperson Speer, yes. Motion carried. Mark Mallet Motion by Peterson, second by Wert to approve applicants request for a temporary occupancy permit based on the following findings: 1. The request complies with the requirements of the zoning ordinance. 2. The request meets the spirit and intent of the zoning ordinance. 3. All appropriate permits have been obtained. 4. The applicant has a buyer for the mobile home when construction of new home is completed. With the following conditions: 1. The temporary occupancy permit is valid for a period of one-year from the date of its approval by the Board of Adjustment. The 14' by 70' mobile home must be moved off of the property at the end of this one-year period. 2. Applicant is responsible for securing any other permits needed for the new residence. 3. Special exception permit will be temporary in nature and shall not be transferable from person to person. 4. Any change to the above conditions shall require a new public hearing. 5. Special exception permits may be terminate under Section 17.70(7)(d)of the St. Croix County Zoning Ordinance if the conditions of the decision are not met. 6 6. The county shall record an affidavit with the above conditions as a deed restriction on the property deed. The following vote was taken to approve: Wert, yes; Golz, yes; King, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Timothy Caruso Motion by Golz, second by King to approve the special exception request for a commercial business based on the following findings: 1. The business is being located in a commercial district. 2. The use is compatible with surrounding land uses. 3. The new business will be an improvement to the existing use of the property. 4. The application is strongly supported by the Town of Somerset Board and the community. 5. There is no objection from the public. 6. The application meets the spirit and intent of the ordinance. 7. The application complies with the requirements of the Zoning Ordinance for a commercial business in a commercial district. With the following conditions: 1. Hours of operation to be from 7:00 a.m. to 9:00 p.m., Monday through Saturday and 10:00 a.m. to 4:00 p.m. on Sundays. 2. Any proposed lighting is to be directed away from neighboring properties. 3. One (1)sign is allowed with total signage area of 96 square feet, and maximum height of 35 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 Signage Ordinance. 4. Consignment sales are not allowed on the property. All consignment goods currently on the property to be removed by the owner by September 1, 1999. 5. Applicant to maintain a minimum of 10 customer parking spaces. 6. Applicant to strictly adhere to the business plan submitted and to the Purchase Agreement terms noted in "Exhibit B". The plan and "Exhibit B" shall have the same force as conditions. 7. Applicant to maintain a Wisconsin Dealers License and comply with Wisconsin Dealers Licensing Code. 8. 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 timeframe 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. 9. Any change (or addition) in use, or expansion of the project, including building, or signage, shall require review and approval by the zoning director and in some circumstances, through Special Exception approval process, where applicable. The following vote was taken to approve: Peterson, yes; Wert, yes; King, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Michael CodyJJaymes i ifflpjohn/AirTouch Cellular Motion by King, second by Peterson to approve special exception request for a 7 telecommunications tower based on the following findings: 1. Request complies with zoning ordinance 2. The Town of Star Prairie recommends approval of the application 3. Request meets the provisions of the St. Croix County Telecommunications Ordinance#440. 4. The request meets the spirit and intent of the zoning ordinance. With the following conditions: 1. The application is approved with the condition that the county consultant, Jeff Nelson, submits a written letter supporting this request and not other suitable locations exist. If the letter questions this site or determines that there are other suitable sites, this must come back to the Board of Adjustment for further discussion and a final decision. 2. A building permit should be obtained from the Town of Star Prairie prior to construction. 3. Tower to be constructed according to the plans submitted. Applicant to follow all written stipulations noted in their application. 4. The Zoning Office is to be notified at the start and the finish of the project. 5. Project to meet all requirements of the Wireless Communications Facilities Ordinance. 6. All FAA and FCC approvals/permits are to be obtained. 6. Applicant to agree to allow collocation of competitors on tower at market rate. 7. The color of the tower is to be according to the zoning ordinance (natural steel was agreed to at the hearing). 8. Any change to the above conditions shall require a new public hearing. 9. Failure to comply with the above conditions shall result in revocation of the Special Exception Permit. 10. The applicant shall have one (1)year from the issuance of the Special Exception permit to finish the project. Failure to start the project in this timeframe 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 starting or completing construction on the project. The following vote was taken to approve: Peterson, yes; King, yes; Golz, yes; Wert,yes; Chairperson Speer, yes. Motion carried. M_U Boardman/ Earl Mielke Motion by Peterson, second by Golz to approve the special exception application for a two family dwelling in the Ag/Residential District based on the following findings: 1. This property has previously been a duplex for many years. 2. The.home is hooked up to municipal sewer and water with the City of New Richmond. 3. The home has adequate parking, accesses and septic facilities to be used as a duplex. 4. The Town of Richmond has recommended approval. 5. The spirit and intent of the zoning ordinance will be met. With the following conditions: 8 1. Applicant to supply staff with a copy of a certified building inspectors report certifying that the structure meets applicable building code requirements for the proposed duplex. 2. The applicant shall have one (1)year from the issuance of the Special Exception permit to act on the Special Exception Permit. Failure to utilize the home as a duplex in this timeframe 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 construction on the project. 3. Failure to comply with the above conditions shall result in revocation of the Special Exception Permit. The following vote was taken to approve: Wert, yes; King, yes; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Motion by Wert, second by King to adjourn at approximately 1:20 p.m. Respectfully submitted: Brian Wert, Secre ry Debbie Murphy, Record' Se tary 9