HomeMy WebLinkAbout026-1038-40-300 (2) S? CROIX CO
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PLANNING &. ZONING
April 29, 2008 File Ref: SE0162
Michael Albert
1603 140`x' Avenue
r>t ° New Richmond WI 54017
Re: St. Croix County Special Exception—Contractor's Storage Yard
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Parcel#: 12.30.18.177D, Town of Richmond
Code Adminlstrati
715-386-4680 Dear Mr. Albert:
Land Information&J The St. Croix County Board of Adjustment (Board) has reviewed your special exception
Planning <``
715-386-4674 application for a contractor's storage yard for your business, Hopkins Electric, LLC, in the Ag
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Residential District in the Town of Richmond. After the hearin on April 24, 2008, the Board
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Real P rty approved the special exception request with conditions. The enclosed document is the formal
715 -4677 decision regarding the application.
R "cling Your must obtain any other required local, state, and federal permits and approvals. Feel free to
386-4675
contact me with any questions or concerns.
Sincerely,
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t .�e'in' Sl 'llcox
Land Use Specialist/Zoning Administrator
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Enclosures: Formal Decision
cc: Clerk, Town of Richmond
Steve Olson, St. Croix County Land and Water Conservation Department
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ST.CRo/X COUNTY GO vERNMENT CENTER
1 101 CARMICHAEL RoAD,HUDSON, WI 54016 7153864686FAX
PZ9C0.SAINT-CR0IX.WI.US W W W.CO.SAI NT-CROIX.W1.US
9. The Town of Richmond Town Board recommends approval of this request.
10. The St. Croix County Land and Water Conservation Department has reviewed the application and
visited the site and has no concerns with the proposed project,but recommends that the applicant
vegetate all disturbed areas immediately after construction.
11. The adjoining property owners to the north and east have submitted letters in support of this request.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein,the Board of Adjustment
approves the special exception request,with the following conditions:
1. This special exception permit allows the applicant to store vehicles and supplies for Hopkins Electric,
LLC in an existing garage and proposed pole shed as indicated in the plans submitted, and as provided
in the conditions below.All work vehicles and supplies shall be kept indoors at all times when on the
site, except while being loaded or unloaded. This approval does not include any additional structures,
services,business activities, operations, or the storage of items other than those listed above.
2. The applicant shall be responsible for obtaining and adhering to all other required local, state, and
federal permits and approvals, including but not limited to a building permit from the Town of
Richmond.
3. Within 30 days of this approval, the applicant shall submit to and have approved by the Zoning
Administrator a landscaping plan to create a vegetative buffer to fully screen the employee parking and
loading areas from the adjacent property to the north and 140"'Street. The buffer shall be at least 10
feet in width and include native evergreens at least six feet in height at the time of planting.The buffer
shall attain at least 80%opacity at maturity. The plan must include the species, size, and location of all
evergreens to be planted on the site, as well as a timeline for the plantings and a maintenance agreement
to ensure that all vegetation establishes successfully and is maintained. The applicant shall be
responsible for ensuring that all parking and loading areas are fully screened from adjoining properties
and the road at all times. All approved vegetation shall be planted prior to any employees reporting to
the site. To reduce the amount of screening needed for the employee parking area, the applicant may
move it to the south side of the proposed garage.
4. Any vehicle maintenance involving fluids shall be done off-site or on an impervious and properly
contained surface.
5. Access to the site shall be limited to the existing driveway only.
6. No onsite retail sales, services, business activities, or operations shall be allowed on the site.
7. General hours of operation during which business-related equipment is accessed on the site shall not
extend beyond 6:30 AM to 4:30 PM.
8. Upon complaints of regularly occurring, excessively loud noise at any time, the applicant shall work
with the Zoning Administrator to abate the noise problem. In the event that the matter cannot be
resolved administratively, the matter will be taken before the Board of Adjustment at a public hearing.
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FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST.CROIX COUNTY,WISCONSIN
File: SE0162
Applicant: Michael Albert,property owner and owner of Hopkins Electric,
LLC
Parcel ID#: 12.30.18.177D
Complete Application Received: February 27,2008
Hearing Notice Publication: Weeks of April 6 and 13, 2008
Hearing Date: April 24,2008
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:
1. The applicant is Michael Albert,property owner and owner of Hopkins Electric, LLC.
2. The site is located at 1603 1401h Street in the SW `/4 of the SW'/4 of Section 12,T30N, R18W,Town of
Richmond, St. Croix County, Wisconsin.
3. The applicant filed an application with the Board of Adjustment for a special exception permit for a
contractor's storage yard in the Ag Residential District pursuant to Section 17.15(6)(d)of the St. Croix
County Zoning Ordinance. Specifically, the applicant requests to store four work vehicles for his
business,Hopkins Electric, LLC, in an existing attached garage and a proposed pole shed on the site.
4. This request would not violate the spirit and intent of the St. Croix County Zoning Ordinance in that a
contractor's storage yard is an allowed use in the Ag Residential District,which the property is
currently zoned. The site features an existing single-family dwelling that serves as the applicant's
residence and the applicant intends to construct a 1,120-square foot pole shed to store work vehicles
and supplies. Access to the site is from a single asphalt driveway from 140th Street. According to the
applicant,the primary use of the site will remain residential and the appearance of the site will be
consistent with existing development in the surrounding area. The applicant's 3-acre lot is not within a
major subdivision, and the closest existing residence is located approximately 200 feet to the north.
5. The applicant does not intend to store any vehicles or supplies outside, but proposes to install an
asphalt parking area for up to two employee vehicles north of the proposed pole shed. With conditions
for limiting business activities on the site to only the indoor storage of work vehicles and supplies,
ensuring that all outside parking and loading areas are fully screened from adjacent properties and the
town road at all times,restricting access to the site to the existing driveway only, and continuing to
maintain the property in a neat and orderly manner,this request would preserve the rural character of
the area and would not be substantially adverse to property values in the surrounding neighborhood.
6. This request would not negatively impact the health, safety, or general welfare of the public.According
to the applicant,no fuel or hazardous materials will be stored or used on the site and daily traffic to the
site will be minimal.
7. According to the applicant, no work or services will occur on site, only the indoor storage of work
vehicles and supplies. With conditions for limiting the noise and hours of operation during which
business-related vehicles and supplies on the site are accessed, this request would not constitute a
nuisance by reason of noise, dust, smoke, odor or other similar factors.
8. The existing and proposed buildings, driveway, and employee parking area meet all applicable setbacks
and height requirements.
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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 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
Signed: a ,l� d�
arence W. Malick, hairpers
Date Filed: 04/29/08
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9. No fuel or hazardous materials other than that associated with maintenance and use of the work
vehicles shall be used on the site.Any oil and/or hazardous materials on the site shall be stored in
proper containers and conditions and disposed of in accordance with applicable state and federal
standards.
10. Lighting on the pole shed and any future lighting on the site shall be located no higher than the lowest
eaves of the pole shed and illuminated downward and shielded away from neighboring properties to
prevent glare.
11. No signs are approved as part of this permit. Any future signage shall comply with the sign
requirements provided in Subchapter VI, Section 17.65 of the St. Croix County Zoning Ordinance.
12. The property shall be maintained in a neat and orderly manner.
13. The applicant shall have one year from the date of this approval to commence construction of the
proposed garage, install the asphalt employee parking area, and complete the required landscaping,and
two years from the date of this approval to complete it.Disturbed areas shall be vegetated immediately
upon completing construction. All aforementioned improvements must be completed prior to
commencing use of the site as a contractor's storage yard and any employees reporting to the site.
14. The applicant shall contact the Zoning Administrator to review this special exception permit in two
years from the approval date (April 20 10) for compliance with the conditions of this approval. These
conditions may be amended or additional conditions may be added if unanticipated circumstances 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.
15. Any change in ownership of the property or change in project details—including but not limited to
expansion, additional employees, signage, lighting, landscaping, or access changes—shall require prior
review and approval by the Zoning Administrator and in some circumstances through the special
exception approval process as stated in the Ordinance.
16. Failure to comply with the conditions of this approval within the timeframes and provisions stipulated
shall be grounds for expiration or revocation. If the special exception permit expires or is revoked,the
applicant will be required to secure a new special exception permit to continue using the site as a
contractor's storage yard. Prior to expiration or revocation, the applicant may request extensions of up
to six months from the Zoning Administrator,not to exceed a total time of one year.
17. 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: Chairperson Malick,yes; Struemke, yes; Luckey,yes. Nelson and
McCallister were not present. 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
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