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Home My WebLink About026-1017-30-090 (3) ZONING ACTIVITY WORKSHEET Property ID#: y a -7- 3 O - moo Parcel#: 3,0 3( Municipality: Property Address: 103S' `" G t �.✓ �� 4 Owner Name: �-- Other Interest: Other Interest: Activity: S]%iijcjj�'al Exceptio Variance Rezonement Request Date: 10��B� 2 � Acres: Zoning District: A2 AG A/R RES COM IND Past Zoning: A2 AG A/R RES COM IND Overlay District: SHORELAND WETLAND FLOOD1PLAIN RIVERWAY NONE Type of Variance/Special Exception: S �ot n tk►'+ T s�y, �J �, S��K S S Ordinance Citation: 0 m Ordinance: G SANITARY SUBDIVISION Conditions: Decision: PROVED DENIED WITHDRAWN Date of Decision: '� ! C/ Notes: _Support _Linked to Rezoning _Objections Hardship _Conditions y'ti Nov '2 6251692 s FILED AUG 2 3 2000 ► 5��- 1 TIFIED SURVEY MAP $ '�egMof WALM ca.cr*co,Wl LOCATED IN PART OF THE NW1 14 OF THE NW1 14 ti OF SECTION 5, T30N, R 18 W, TOWN OF RICHMOND, m �` ST. CROIX COUNTY, WISCONSIN. NW CORNER NORTH LINE OF THE NWI/4 N1/4 CORNER SECTION 5 SECTION 5 � 89.57'11"E 2635.04 ` ' • — — — 1317.52' F 1317.52'_ ° %o 1 \ N -~ cu LEGEND �\ 1N o° ALUMINUM COUNTY 'SECTION CORNER \ �6SR61 \ MONUMENT FOUND \ 2 32.,E 1 `O z 2- IRON PIPE FOUND 1 \ N ►= 6S. i w 0 V X 24' IRON PIPE WEIGHING }_ S X532,, 1.13 LBS. PER LINEAR FOOT SET YYY1lT 'o 1 \64- �✓ 0� ~0'� EXISTING 3 W N 1 v . BUILDING rn \p+ 1 -� P O$ W Z z ~ ni oe W 1 w cn OWNER PARK y I^ 1 ?, m t-0 PHILIP AND PATRICIA LAVENTURE v I D w 0~ 1035 STATE RD 64 �� N, y z LJ SHE NEW RICHM❑ND, WI 54017 2 '��QG.,�W►. zJv=i p r• ND S ti p 1 coQ (� / Q !- Y 3a z w ED_ LAN " R . /,,� �, /' 3 /,tip �.1��1/,32 SF -� Ln U_NpLA" By PLAT-- "" � W w- - �o � � 0 Al N7 2p, cti J; 202' Az z ° QI 1 SOIL TESTS z LET 1 �, �` �I� C4; 1 o W w N1 ,a 1 3 1.080 ACRES I�� N 0� CD Q� I 1 z Ld a Q� N 47,046 SQ. FT. a?I �� l i s .-� J f i V7 c4 pR N OSED N82'2-- 'mil!, E a;, B ING 66.00 n ,� o Wm= r i "y i U Z , Q� :W z �, o o N w �YY►^ G.� _��tS POWERPOLE w �O V a r o? w �►riIRANT WELL i CC�� X c+� ^I �i i rn C2 N Q HOUSE ,•3' (L v iu A CL O'F S89 5 4 35 W - .- W 180.36' •ti's' h D .hob .� w � D POLE SHED � n1Q' \ .ryr►t� - UNPLATTED A S \� D.O.T. APPROVAL N0. 55-35-2970-1999 s O HOUSE OWNED--BY--PL__TTER SCALE IN FEET 1 " = loo GARAGE s� GARAGE O 100 0 100 200 O ITAT 1/1 vAnR 1936 ST. CROIX COUNTY WISCONSIN ZONING OFFICE r r r I N 4„ ST.CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 s (715) 386-4680 January 26, 2000 Philip and Patricia LaVenture 1035 Highway 64 New Richmond, WI 54017 Re: Variance Request to Section 18.16(D)(7)(g) to allow continuation of traffic from a commercial development into a residential development. Dear Mr. and Mrs. LaVenture: The Planning, Zoning and Parks Committee approved your variance request to Section 18.16(D)(7)(g) on December 21, 1999. The variance was approved to allow a second residential parcel to be created, which requires access through a commercial zoned parcel based on the following findings: 1. The commercial business and the proposed residential home are all owned by the same family. The applicant testified that they desire a new home for the family for security reasons. To access the new home parcel, the applicant must pass through the family commercial business. 2. The applicants have testified that they do not intend to develop any of their surrounding land in the future. Access will only be used for this one additional home and no others. 3. The access has been used since 1964 for a residential driveway for the existing home. A new access is not being created. 4. There is a hardship present. Without this variance, there would be no access to the home, and there is no other access to the property; there is a railroad to the south, a state highway to the north and the Rod and Gun Club to the east. The LaVentures would not be able to build a new home for themselves if this variance is not approved. 5. The Town of Richmond supports the application. 6. The Wisconsin Department of Transportation has given conditional approval of the application. 7. The approval is given for this access to be used for the existing home and the proposed new home . No other residences may be built on the parcel, which would require use of this access. With the following conditions: 1. Applicant to meet all other St. Croix County ordinance and conditions with the road access. 2. Applicant to follow all Wisconsin Department of Transportation rules/provisions/conditions. Philip and Patricia LOPenture January 26, 2000 Page 2 3. The variance will not be valid until the minutes of the meeting have been reviewed and approved by the Planning, Zoning and Parks Committee. 4. No construction shall commence until the approval of the minutes of this meeting. Please note that the December 21, 1999 Planning, Zoning and Parks Committee meeting minutes were approved on January 11, 2000. The approval of these minutes was part of condition #3 and #4. Please call our office with any questions. Sincerely, Steve Fisher Zoning Director /dz Enclosures Cc: Clerk, Town of Richmond Parcel #: 026-1017-30-090 01/12/2011 08:48 AM PAGE 1 OF 1 Alt. Parcel#: 05.30.18.60B-60 026-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 O-LAVENTURE PROPERTIES LLC LAVENTURE PROPERTIES LLC 1031 HWY 64 NEW RICHMOND WI 54017 Districts: SC=School SP=Special Property Address(es): *=Primary Type Dist# Description * 1033 HWY 64 SC 3962 SCH DIST NEW RICHMOND SP 8020 UPPER WILLOW REHAB DIST SP 1700 WITC Legal Description: Acres: 10.116 Plat: 4189-CSM 15-4189 026-2001 SEC 5 T30N R18W PRT NW NW BEING CSM Block/Condo Bldg: LOT 02 15/4189 LOT 2(10.116AC) Tract(s): (Sec-Twn-Rng 401/4 1601/4) 05-30N-18W NW NW Notes: Parcel History: Date Doc# Vol/Page Type 01/27/2004 752805 2499/096 WD 01/27/2004 752804 2499/095 WD 11/27/2001 663177 1772/248 LC 10/17/2001 659365 1740/212 WD 2010 SUMMARY Bill#: Fair Market Value: Assessed with: 73739 369,200 Valuations: Last Changed: 09/09/2008 Description Class Acres Land Improve Total State Reason COMMERCIAL G2 8.820 84,300 326,000 410,300 NO UNDEVELOPED G5 1.300 100 0 100 NO Totals for 2010: General Property 10.120 84,400 326,000 410,400 Woodland 0.000 0 0 Totals for 2009: General Property 10.120 84,400 326,000 410,400 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 ST.WOIX COUNTY WISCONSIN ZONING OFFICE N M N N M N A ST.CROIX COUNTY GOVERNMENT CENTER movie 1101 Carmichael Road �- Hudson, WI 54016-7710 (715) 386-4680 March 5, 1999 File Ref: 50-98 Philip and Patricia LaVenture 1035 Hwy 64 New Richmond, WI 54017 Re: Board of Adjustment Decision Dear Mr. and Mrs. LaVenture: The St. Croix County Board of Adjustment has reviewed your request for a special exception in a commercial district 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 do not hesitate in contacting me. Sincerely, Steve Fisher Zoning Director dm Enclosure cc: Janice Ball, Clerk - Town of Richmond George Ickstadt - Wisconsin Dept. of Transportation FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 50-98 Complete Application Received: October 28, 1998 Hearing Notice Publication: Weeks of December 7 and 14, 1998 Hearing Date: December 21, 1998 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 Philip and Patricia LaVenture whose address is 1035 Highway 64, New Richmond, WI 54017. 2. The applicant on October 28, 1998, filed with the Zoning Office an application for a special exception in the commercial district to operate a consignment store that will resell household items and pellet and gas stoves. 3. Philip and Patricia LaVenture are the owners of the property which is the subject of the application and is located in NW 1/4 of the NW 1/4 of Section 5, T30N-R18W, Town of Richmond, St. Croix County, Wisconsin. 4. The subject property is zoned commercial. 5. The following exhibits were introduced: Exhibit 1: Application for special exception Exhibit 2: Site plan by S & N Land Surveying showing existing and proposed structures Exhibit 3: Site plan from the Department of Transportation showing proposed right of way for Highway 64 Exhibit 4: Letter from the Town of Richmond stating approval of the application Exhibit 5: Rezonement ordinance adopted by the County Board showing the property is now zoned commercial Exhibit 6: Business plan for this property submitted by LaVenture Exhibit 7: Staff report 6. Philip LaVenture, being duly swom, is the owner of the property that is now zoned commercial. The plan is to construct a building in which to house and operate a consignment store. 7. The Town of Richmond has approved the application. 8. The hours of operation will be between 8:00 a.m. and 5:00 p.m., Monday through Saturday. 0 10. The Wisconsin Department of Transportation has determined the setbacks from the new highway that will be going in. The applicants have agreed that their structures will meet the required setbacks. 11. There is no opposition from surrounding neighbors. 12. Under Section 17.18(1)(a) an application may be made for a special exception in a commercial district. 13. The Board of Adjustment finds that this special exception application conforms with the requirements for granting a special exception under Section 17.18(1)(a). 14. Special exception uses may be terminated as per 17.70 (7) (d) of the St. Croix County Zoning Ordinance if the plan or the conditions of the decision are not followed. 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 in a commercial district construct a new building in which to operate a consignment store and has been approved on the following vote: D. King Yes B. Wert Yes R. Peterson Yes Chairperson Speer Yes with the following conditions: 1. All highway setbacks are to be met according to the requirements of the Wisconsin Department of Transportation. 2. Notify the Zoning Office at the start of construction. 3. All materials are to be kept inside the building. No outside displays will be allowed. 4. Hours of operation will be allowed from 8:00 a.m. to 5:00 p.m., Monday through Saturday. 5. The business is to be operated according to the plan presented to the Board in Exhibit 6. 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, P ursuant 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. 2 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 Ch irperson Attest Zoning Director Dated: 03/05/99 Filed: 03/05/99 3 BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES December 21, 1998 (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, Brian Wert and Rich Peterson were present. Nick Golz was not present and was excused. Chairperson Speer believes this to be a properly noticed meeting. Staff included: Jim Thompson, Zoning Specialist and Debbie Murphy, Administrative Secretary. Motion by Peterson, second by King to adopt the agenda. Motion carried. Motion by Wert, second by King to approve the November minutes. Motion carried. The Board set the next meeting date as January 28, 1999. The starting time will be 8:30 a.m. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION It was noted that Corporation Counsel will be available today if needed. OLD BUSINESS Martin Fagnan Jim Thompson explained to the Board that he has written to Mr. Fagnan and left messages at his home requesting that he contact our office. As of today, we have not heard anything from him. Mr. Fagnan is not present at the hearing today. Thompson stated that this request has been postponed twice and he is asking the Board to dismiss this application without prejudice. Motion by Wert, second by King to dismiss without prejudice. Mr. Fagnan may reapply in the future if he wants to move forward on this request. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Thompson read the public hearing notice as published: PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Monday, December 21, 1998 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: 17.18(1)(a) Special Exception in a Commercial District APPELLANT: Patricia and Philip LaVenture LOCATION: The NW 1/4 of the N/W 1/4 of Section 5, T30N-R18W, Town of Richmond 2. ARTICLE: 17.64(5)2. Variance to Highway Setback Requirements-Access Driveways APPELLANT: Patricia Shaw/Alan Jontz LOCATION. The NE 1/4 of the SW 1/4 of Section 20, T28N, R18W, Town of Kinnickinnic 3. ARTICLE: 17.14(6)(a)1. Special Exception in Agriculture District- Additional residence on property APPELLANT: Lary and Virginia Coss LOCATION: The SE 1/4 of Section 31, T28N-R17W, Town of Pleasant Valley 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 Philip LaVenture The request is for a special exception in a commercial district. The applicant is asking to run a consignment store that will resell household items and pellet and gas stoves. Philip LaVenture, being duly swom, stated that he had the property rezoned from agriculture to commercial. The Town of Richmond has approved the request for the special exception. The following exhibits were introduced: Exhibit 1: Application for special exception Exhibit 2: Site plan by S & N Land Surveying showing existing and proposed structures Exhibit 3: Site plan from the Department of Transportation showing proposed right of way for Highway 64 Exhibit 4: Letter from the Town of Richmond stating approval of the application Exhibit 5: Rezonement ordinance adopted by the County Board showing the property is now zoned commercial Exhibit 6: Business plan for this property submitted by LaVenture Exhibit 7: Staff report The zoning office, along with Mr. LaVenture have worked with the Department of Transportation to determine setbacks from the new highway. According to the map presented today, the structures will meet the required setbacks. The Board will visit the site. Patricia Gage Shaw/Alan G. Jontz Alan Jontz, being duly swom, stated that this is an existing ag/residential parcel and has been for a number of years. There is an existing field drive that is being used for a driveway, and they would like to upgrade it to be a permanent driveway. They plan to construct a year round residence on this property. The existing driveway is 350 feet from the adjoining property owner's driveway.Jontz is asking the Board for a 150 foot variance to the 500 foot minimum spacing requirement between driveways on a State highway. Jontz went on to explain that there is a second reason for wanting to keep the driveway where it is. Ms. Shaw purchased the property in 1995 and then in 1996, entered into an agreement with the U.S. Fish and Wildlife Service to plant native prairie grasses on the property. This was an expensive project and 2 in order not to disturb the plantings, they would like to keep the existing driveway. Moving the driveway could destroy 1/2 to 1 acre of the replanted prairie. The following exhibits were introduced: Exhibit 1: Application for variance Exhibit 2: Letter from the Town of Kinnickinnic recommending approval of variance Exhibit 3: Letter from Dept. of Transportation stating that existing field entrance is safe for a permanent driveway Exhibit 4: Site plan showing location of field driveway and location for driveway that would meet the setback requirements Exhibit 5: Letter from Bob Hanson, Wildlife Technician with the Department of Natural Resources, outlining contract with Ms. Shaw for planting of prairie grasses Exhibit 6: Air photo of property Exhibit 7: Staff report Exhibit 8: Photo's showing existing driveway and sight distance on highway 65 Exhibit 9: Photo's showing proposed driveway and sight distana on highway 65 Mr. Jontz went over Exhibit 4 with the Board. The neighbor's driveway is 350 feet from the field driveway and was constructed in 1997. The field driveway has been used on the Shaw property since 1996. Jontz stated the field driveway has a safer sight distance when pulling out on the highway than if the driveway were to meet the 500 foot setback sight requirements. He further stated that if safety is an issue for the driveway setbacks, then he believes that the Board should consider granting the variance, as the field driveway is the safest of the two locations. According to the letter from the Department of Transportation, labeled as Exhibit 3, the site distances for the existing field driveway are better and the existing driveway is the preferable one. The Board will visit the site. Larry and Virginia Coss This application is for a special exception to construct a third residence on an agricultural parcel. Mike Gerrits, being duly swom, is with Morton Buildings, Inc. and is the applicant. The following exhibits were introduced: Exhibit 1: Application for special exception Exhibit 2: Letter from the Town of Pleasant Valley recommending approval of the application Exhibit 3: Letter from Morton Buildings and Mr. Coss Exhibit 4: Site plan of property showing structures Exhibit 5: Copy of Sanitary permit for the new structure Exhibit 6: Large scale plan showing property and structures Exhibit 7: Site plan showing layout in greater detail Exhibit 8: Staff report Mr. Gerrits explained that the Coss family owns 360 acres near River Falls. They live in River Falls in the summer and in St. Paul the remainder of the year. They own several very expensive horses that are kept on this property. They have hired a caretaker and a stable hand intending that they would live on the property to take care of the horses and the farm. There is already one apartment in one of the pole buildings and they are requesting to put another apartment on the property in the new pole building. The buildings are completely insulated and are up to the current codes. The Board reviewed the site 3 plans. Wert told Gerrits that there needs to be a firewall between the living space and the rest of the building and there should be a window in the bedroom to meet the uniform dwelling codes. The Board will visit the site. The Board recessed at 9:25 a.m. to conduct site visit. DECISIONS The Board reconvened at 11:40 a.m. to render decisions. Philip LaVenture Motion by Peterson, second by Wert to approve application for a special exception in a commercial district with the following conditions. 1. All highway setbacks are to be met according to the requirements of the Wisconsin Department of Transportation. 2. Notify the Zoning Office at the start of construction. 3. All materials are to be kept inside the building. No outside displays will be allowed. 4. Hours of operation will be allowed from 8:00 a.m. to 5:00 p.m., Monday through Saturday. 5. The business is to be operated according to the plan presented to the Board in Exhibit 6. The following vote was taken to approve: King, yes;Wert,yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Patricia Shaw/Alan Jontz Motion by King, second by Speer to approve variance request based on the following reason: After hearing testimony and reviewing the site, the Board believes that the existing field driveway would be the safer place for a permanent driveway to be constructed. The existing field driveway has a greater site distance to the east and the west than the location at 500 feet from the neighbors driveway. This information was also received in a letter from the Wisconsin Department of Transportation, labeled as Exhibit 3. Note: All requirements/specifications of the Wisconsin Department of Transportation must be followed. The following vote was taken to approve: Wert, yes; Peterson, yes; King,yes; Chairperson Speer, yes. Motion carried. Larry and Virginia Coss Motion by Wert, second by King to approve application for special exception for a third residence on a parcel with the following conditions: 1. A certified building inspector is to be hired at the applicant's cost to inspect the building and submit a report to the Zoning Office when inspection is completed. 2. The residence can only be occupied by the employee of the farm. The following vote was taken to approve: Peterson, yes; King,yes;Wert, yes; Chairperson Speer, yes. Motion carried. 4 Motion by Peterson, second by King to adjourn. Meeting adjourned at 12:05 p.m. Respectfully submitted, Brian Wert, Secretary Debbie Murphy, Record in Secr ary 5