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Home My WebLink About042-1023-10-050 ST- . C R O I X C U.-N T Y Land Use Planning & Land Information Resource Management Community Development Department May 16, 2014 File Ref. #88205 Matt Herink 1092 120' Street Roberts, Wl 54023 RE: Lot lof CSM Vol. 26/Pg. 5998 in the NE '/4 of the NE 1/4 Section 9, T29N, R18W, Town of Warren Dear Mr. Herink: The St. Croix County Board of Adjustment (Board) has reviewed your request for the following item: Item #1: a conditional use permit to operate a contractor's storage yard pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance. After the hearing on May 15, 2014, the Board approved the conditional use request with conditions. The enclosed document is the formal decision regarding the application. You must obtain any other required local, state, and federal permits and approvals that are required to conduct this business. Feel free to contact me with any questions or concerns. Pamela Quinn Land Use Specialist Enclosures: Formal Decision cc: Clerk, Town of Warren Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, Wl 54016 Fax 715.386.4686 www. sccwi. us/cd d www. facebook. com/stcroixcoun tvwi cdd @co. sain t-Croix. wi. us FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File Number: SE88205 Applicant: Mathew Herink, property owner Parcel Number: 09.29.18.129A 10 Complete Application Received: March 3, 2014 Hearing Notice Publication: Weeks of April 30 and May 5, 2014 Hearing Date: May 15, 2014 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and visited the site, the Board of Adjustment makes the following Findings of Fact and Conclusions of Law pertinent to the applicant's Conditional use request: 1. The applicant is Matthew Herink, property owner. 2. The site is located at 1092 120t' Street on Lot lof CSM Vol. 26/Pg. 5998, in the NE'/4 of the NE'/4 Section 9, T29N, R18W, Town of Warren, St. Croix County, WI. 3. The applicant filed an application with the Board of Adjustment for a conditional use permit to operate a contractor's storage yard pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance. 4. Town of Warren Town Board's recommendation for approval was received on April 23, 2014. 5. This request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that contractor's storage yards are allowed in the Ag Residential district. Per General Zoning definition in Section 17.09.47, a contractor's storage yard is the outdoor portion of a lot or parcel, where a service contractor maintains a permanent business office that is used to store and maintain service equipment and other materials customarily used by the contractor. If permitted to be used in this manner, the entire lot would then be classified as a contractor's storage yard and will be required to conform to all applicable zoning district standards and regulations. 6. An existing 60' x 120' accessory building will be used as a business office and shop. The portable toilets and truck will be stored empty inside the structure. A single satellite toilet and a pickup truck may be stored outside at the back (west end) of the building on occasion during the summer. This area is not adequately screened by the building itself and/or the steep hill/grass/trees on site. If additional outside storage is required in the future, the applicant may come back before the Board and request an amendment of conditions to allow outside storage with appropriate screening. 7. There is a second driveway accessing the site from 108t` Ave. and an additional driveway off 120' Street. These were installed prior to the parcel add-on that created the applicant's lot. More than one driveway is not allowed per Section 17.60.7.d.11) and both additional driveways will need to be removed. 8. There are currently no sanitary facilities on this lot other than the Private On-site Wastewater Treatment System (POWTS) that serves the applicant's residence. The applicant/owner will operate the business with no employees at this time. 9. Typical hours of operation will be from 7:30 a.m. - 5 p.m., however emergency service is available when needed on rare occasions. Hours are typically shorter in the winter months. l O.This request will not constitute a nuisance by reason of noise, odor, or excessive vehicle traffic if use is limited to applicant's personal and business vehicles during stated hours of operation, no manufacturing, retail services, or other business services will take place on this site, and odors will be controlled since the pumper truck and satellite toilets will be empty when parked or stored on the property. -1- DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's conditional use request, with the following conditions: I . Approval of the conditional use permit requests allows the applicant to operate a contractors' storage yard using an existing accessory structure for septic pumper business in the Ag Residential district. This approval does not include any additional structures, services, operations, vehicles or employees not indicated in the approved plans. 2. The applicant shall secure all necessary permits and approvals from the Town of Warren and obtain any other required local, state, or federal permits and approvals. 3. Spill kits of sufficient size shall be kept on site. All business equipment and liquids (fuel, oil, satellite toilet chemicals) shall be stored on impervious surfaces. If leaks or spills occur, the spill will be contained, collected, and the absorbent material properly disposed of so as not to pose an environmental or health hazard. 4. Hours of operation shall be from 7:30 a.m. - 5 p.m., however emergency service may be provided when needed on rare occasions. 5. The applicant shall be responsible for keeping the property in a neat and orderly manner. 6. A single satellite toilet and a pickup truck may be stored outside at the back (west end) of the building on occasion during the summer. This area is not adequately screened by the building itself and/or the steep hill/grass/trees on site. 7. All lighting associated with the business shall be illuminated downward and shielded away from neighboring properties and from 108th Ave. and 120'h Street to minimize glare. 8. The driveway on 108th Ave. must either be removed or the applicant may elect to create a separate parcel for the structure to be used for the business and its associated equipment and keep the driveway access on 108th Ave. The southerly driveway off 120th Street must be removed. 9. No manufacturing, retail services, or other business services shall take place on this site. 10. Any minor change or addition to the project, including but not limited to hours of operation, shall require review and approval by the Community Development Department prior to making the change or addition. Any major change or addition to the originally approved plan, including, but not limited to the addition of another business will have to go through the conditional use approval process. 11. 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. 12. Any new owners of the facility must adhere to the standards and conditions of the approved conditional use permit. Any change or addition in use of the property, buildings, and/or business; or modification of or addition to the property, building, or facilities; or changes to the current project details shall require prior review by the Zoning Administrator to determine if the use may be allowed or if approval by the Board through the conditional use approval process is required. The conditional use decision applies to the property rather than to the individual, is valid for the specific premises, and is not transferrable to other properties per Article VII Section 4 of the Board of Adjustment Rules. 13. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision and has no objections if county staff conducts unannounced onsite inspections to check for compliance with the conditions of this permit. -2- The following vote was taken to approve the request: Chairman Malick, yes; Peterson, yes; Nelson, yes; McAllister, absent; Sontag, absent. Motion carries. 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(10), 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 Community Development 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 Signed: ul. Clarence W. "Buck" Malick, Chairman Date Filed: May 16, 2014 i I -3-