HomeMy WebLinkAbout026-1060-70-000 (2) ST. CROIX COUNTY
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OFFICE OF CORPORATION COUNSEL
ST.CROIX COUNTY GOVERNMENT CENTER
�..." 1101 Carmichael Road
Hudson, WI 54016-7710
(715) 381-4315 FAX (715) 381-4301
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May 23, 2008 MAY
S7.CROIX COUNTY
ZONING OFFICE
Honorable Scott Needham
Circuit Court, Branch III
St. Croix County Government Center
1 101 Carmichael Road
Hudson, WI 54016
RE: Bonnes vs. Board of Adjustment
Case No.: 08 CV 150
Dear Judge Needham:
Enclosed please find the original and one copy of the Stipulation and Order of Dismissal
in the above-referenced matter. I would ask that you sign the original order and file with
the Clerk of Courts office. Please send a conformed copy to my office.
Thank you.
Sincerely,
Donald J. Gillen
Assistant Corporation Counsel
St. Croix County, Wisconsin
DG/nlc
Enclosures
cc: Thomas R. Schumacher, Attorney for Plaintiff
.V/fenny Shillcox, Planning and Zoning Department
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ST. CROIX COUNTY
WISCONSIN
OFFICE OF CORPORATION COUNSEL
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MrN�r'
ST.CROIX COUNTY GOVERNMENT CENTER
NMI -- 1101 Carmichael Road
Hudson, WI 54016-7710
(715) 381-4315 FAX (715) 381-4301
RECEIVED
May 14, 2008 MAY 14 2008
ST.CROIX COUNTY
Thomas Schumacher ZONING OFFICE
Bakke Norman
990 Main Street
PO Box 54
Suite 200
Baldwin, WI 54002
RE: Bonnes v. St. Croix County Board of Adjustment
Case No. 08 CV 150
Dear Tom:
Because you only recently got involved in this case, I thought it might be easier if I draft
the Stipulation and Order for Dismissal. With that in mind, attached is a draft of the
Stipulation and Order for Dismissal that I prepared. If this meets with your approval,
would you please sign and return to me. I will then sign the Stipulation as well and
present it to the court for the courts signature putting this matter to an end.
If you have any questions on this or wish to discuss further, please do not hesitate to call
or write.
Sincerely,
uWt J��
Don Gillen
Assistant Corporation Counsel
St. Croix County, Wisconsin
DG/nlc
Enclosure
/Cc: Jenny Shillcox
STATE OF WISCONSIN CIRCUIT COURT ST. CROIX COUNTY
GREG BONNES,
V. Plaintiff, STIPULATION AND ORDER
FOR DISMISSAL
ST. CROIX COUNTY BOARD Case No.: 08 CV 150
OF ADJUSTMENT, Case Code: 30703
Defendant.
IT IS HEREBY STIPULATED, by the attorney for the Plaintiff hereto and attorney for
the Defendant hereto, that this action should be dismissed without prejudice without cost to
either party.
Dated this day of May, 2008.
BAKKE NORMAN, S.C.
By:
Thomas R. Schumacher
Attorney for Plaintiff
1200 Heritage Drive, P.O. Box 308
New Richmond, WI 54017
(715) 246-3800
State Bar#1014986
ST. CROIX COUNTY BOARD
OF ADJUSTMENT
By:
Donald J. Gillen
Attorney for Defendant
Assistant Corporation Counsel
St. Croix County Government Center
1101 Carmichael Road
Hudson, WI 54016
(715) 381-4315
State Bar#1010764
ORDER
Upon the forgoing Stipulation and the Record and Proceedings herein, and the court
being fully advised of the premises;
IT IS HEREBY ORDERED, that count that this action be dismissed without prejudice
and without cost to either party.
Dated this day of May, 2008.
BY THE COURT:
Honorable Scott R. Needham
Circuit Court, Branch
St. Croix County, Wisconsin
ST CROIX
AA I UNTY
PLANNING &. ZONING
April 30,2008 File Ref: SE0150
Greg Bonnes
1461 County Highway A
New Richmond,WI 54017
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> Re: St.Croix County Special Exception Permit—Proposed Plan Revisions
Parcel#: 20.30.18.298D,Town of Richmond
Code Administrar Dear Mr.Bonnes:
715-386-4680
Thank you for stopping by the office today to submit an update on your business activities and a
Land Infoanation revised landscaping and site plan. You informed me that you have removed all of the brush and
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Planning debris from your site as required by Condition #4 (as revised per the Board's March 27, 2008
715-386-4674 '
,;x decisi
' on) except for a pile of saw logs that measures 50' long x 20' wide x 6' high. This pile will be
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cut into lumber over time and stored in smaller piles as designated on the revised landscaping site
Real PY plan, which appears to be consistent with the provisions in Condition#4. You also informed me that
715 -4677 the brush and debris was taken to the Utecht sand and gravel mine on County Highway G and will
R cling continue to be taken there in the future,where it will be recycled for use as fuel as you had proposed
-386-4675 to do on your site. You will no longer be bringing wood and brush to your site, which will reduce the
amount of screening you have to do. Please be advised that all outdoor storage areas for wood and
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lumber and all employee parking and loading areas must still be screened by native vegetation as
specified by Condition#3 of the Board's March 27,2008 decision.The final deadline for plantings is
August 31,2010.
I also noted on the revised site plan that employee parking for up to four vehicles will be moved to a
` proposed turf area southeast of the pole building. Please be advised that parking areas for five or
E' more vehicles must have a hard surface as required by the St. Croix County Zoning Ordinance. I
4 suggest that the proposed parking area be monitored to ensure that the turf survives and doesn't
become an area exposed to erosion and sedimentation problems.
Please feel free to contact me with any questions or concerns.
.. Sincerely,
' ennifer Shillcox
Land Use Specialist/Zoning Administrator
°< Cc: Clerk,Town of Richmond
Timothy Scott,Attorney
Kevin Grabau, St.Croix County Code Administrator
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Don Gillen, St. Croix County Assistant Corporation Counsel
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ST.CROIX COUNTY GOVERNMENT CENTER
1101 CARMICHAEL ROAD,HUDSON, W/ 54016 71 5386.4686 FAX
PZ@CO.SA/NT--CRO/X.W.US W W VV.CO.SAI NT-CROIX.WI.U S
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0 A &AL
PLANNING &. ZONING
March 31, 2008 File Ref: SE0150
Greg Bonnes
1461 County Highway A
New Richmond, WI 54017
�
Re: Reconsideration of St. Croix County After-the-Fact Special Exception Permit
Code Adminlstta Parcel#: 20.30.18.298D,Town of Richmond
tif
715-386-4680
Dear Mr. Bonnes:
Land Information&:>"
Planning The St. Croix County Board of Adjustment (Board) has reconsidered its decision dated
715-386-4674 Janua 3 2008 re
w< ry garding an after-the-fact special exception permit for a contractor's
Real P storage yard in the Ag Residential District in the Town of Richmond. After the hearing on
4677
715 March 27, 2008, the Board voted to approve your request for reconsideration with revised
conditions. The enclosed document is the formal decision g Pp regarding the application.
Rcltng
5-386-4675 you must obtain any other required local, state, and federal permits and approvals. Please
feel free to contact me with any questions.
Sincerely,
£g
.� " ennifer Shillcox
*
Land Use Specialist/Zoning Administrator
Eric: Decision
..
Cc: Timothy Scott, Attorney
Clerk, Town of Richmond
Pam Quinn, St. Croix County Planning and Zoning Department
f Jeff Durkee, St. Croix County Highway Department
w<„ Don Gillen, St. Croix County Assistant Corporation Counsel
ST.CRO/X COUNTY GOVERNMENT CENTER
1 101 CARMICHAEL ROAD,HUDSON, w 54016 715386-4686 FAx
PZC�CO.SA/lVT-CROIX.W.US W W W.CO.SAI NT-CROIX.WI.US
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5. Regarding Condition#4,the Board has never allowed a contractor's storage yard to store vegetative materials,
wood, or brush from job sites. According to the records on file at the St. Croix County Planning and Zoning
Department,the Board has processed 33 special exception applications for contractor's storage yards in the Ag
Residential District from 1989—Present. Of these,four were for lawn care or tree service business, and all
approvals except the applicant's prohibited the storage and burning of any job-related vegetative material, grass
clippings,wood,or brush on the site. In fact,one applicant was given two months to remove an existing brush
pile from his site. The Board's reasons were to protect health,safety and welfare,particularly with respect to
attracting rodents,posing a fire hazard,and negatively affecting adjoining property values and the enjoyment of
adjoining property owners. At the time of the staff site visit,the applicant had been storing a large pile of wood
and brush along his 201-foot rear lot line at a height of approximately 20 feet.At the hearing on January 3,2008,
the applicant testified that 2007 was an unusual year with a lot of heavy storms resulting in more wood and brush
on the site than usual.He also testified that brush and wood used to be burned on the site until 2006, but are now
hauled away by Ever-Green Energy upon request. He also stated that he was pursuing a contract with the City of
New Richmond to take brush to the city's drop-off site. Given all of this information, staff finds that it would be
reasonable for the applicant to store up to the equivalent of 45 cords of wood and brush at any given time,
provided it is screened by a vegetative buffer and removed at least annually. This would allow the applicant to
store wood along the entire rear width of his lot(minus a ten-foot vegetative buffer on each side) up to a
maximum height of eight feet. This amount is less than half of what the applicant currently has on site and will
reduce the risk of rodents and the potential for fire,and improve the appearance of the site. At the hearing on
March 27, 2008,the applicant submitted evidence from Environmental Wood Supply that the minimum amount
of processed wood waste required for the company to come out and grind wood at the applicant's property was 20
100-yard trailer loads. If the applicant can meet this minimum,there is no cost to him for grinding. The applicant
testified that 45 cords was the equivalent of one trailer load and would not be sufficient for grinding, and
submitted a revised plan that featured three wood and brush piles not to exceed a total of 2,600 cubic yards.The
Board finds it reasonable to adopt the revised plan.
6. Regarding Condition#5,the Board has never allowed any burning of job-related materials on the applicants'
sites. Staff does not support the burning of any job-related materials on the site as it could cause a potential fire
hazard and nuisance to neighboring property owners.The County does not regulate general
residential/recreational burning,which is under the jurisdiction of the affected town through the issuance of
burning permits. At the hearing on March 27,2008,the applicant testified that he wants to burn wood and brush
on the site that is intermixed with concrete, fence posts,wire,and other materials not suitable for grinding.The
Board finds that smoke from such materials poses a human health hazard and that commercial burning is not
appropriate.
7_ Regarding Condition#12,the Board has consistently required that lighting for any non-residential use in or
adjacent to residential areas be located no higher than the lowest eaves to minimize glare.The applicant
constructed his pole shed with two lights located four feet above the lowest eaves,but below the peak of the roof.
The Board finds that this is acceptable provided low-intensity bulbs are used and any future lighting is placed no
higher than the lowest eaves.
8. With the revisions outlined in Findings#4 -#6 above,this request would meet the spirit and intent of the St. Croix
County Zoning Ordinance and would not negatively affect the residential character of the area.
9. With the revisions outlined in Findings#4 -#6 above,this request would not be contrary to the public health,
safety, and general welfare of the public, or be substantially adverse to property values in the neighborhood
affected.
2
0
FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY,WISCONSIN
File: SE0150
Applicant: Greg Bonnes,New Richmond Tree Service,LLC
Parcel#: 20.30.18.298D
Original Application Received: November 5,2007
Request for Reconsideration Received: February 12,2008
Hearing Notice Publications: Weeks of December 17 and 24,2007 and March 9 and 16, 2008
Hearing Dates: January 3,2008 and March 27,2008
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony,considered the entire record herein,and reviewed the site,the St.Croix County Board of
Adjustment makes the following findings of fact and conclusions of law:
1. The applicant is Greg Bonnes,property owner and owner of New Richmond Tree Service,LLC.
2. The site is located at 1461 County Highway A in the SW '/4 of the NE '/4 of Section 20,T30N,R18W,Town of
Richmond, St. Croix County, Wisconsin.
3. On January 3,2008,the Board of Adjustment(Board)approved an after-the-fact special exception permit to allow
the applicant to continue operating a contractor's storage yard in the Ag Residential District pursuant to Section
17.15(6)(d)of the St. Croix County Zoning Ordinance. The applicant requests reconsideration of Conditions#3,
4, 5 and 12 of the Board's approval.
4. Regarding Condition#3, the outdoor storage areas for woodchips, lumber, firewood, and brush and woodpiles are
not currently screened from County Highway A or from adjoining properties. Section 17.15(6)(d)of the St.Croix
County Zoning Ordinance provides that any contractor's storage yard "shall be so placed or screened by planting
as not to be visible from any public highway or any residential building other than that of the owner of such yard,
his agent, or employee. "The Board has consistently required vegetative screening for all proposed contractor's
storage yards in order to meet this requirement. The Board takes into account the existing density and type of
vegetation in the vicinity, local topography, and surrounding development. The applicant's property is surrounded
by land that is currently or had at one time been predominantly agricultural croplands and as a result does not
feature dense vegetative cover.Evergreens, or conifers, are not common in the area except where planted around
residences. The topography is flat and the applicant's property is highly visible for a considerable distance from
all directions. The applicant's 3.5-acre lot is not within a major subdivision,but is surrounded by low-density
residential development and agricultural uses. The closest existing residences are located approximately 400-550
feet away, and a residential subdivision, Waldroff Meadows, exists to the east. In after-the-fact situations such as
the applicant's, time is of the essence in providing immediate screening of existing outdoor storage areas and the
Board typically establishes a deadline for planting. Given these considerations, as well as the large area to be
screened, the high expense to plant six-foot evergreens, and the applicant's concerns about providing a natural
looking buffer, staff finds it reasonable to allow the applicant to provide a mix of native coniferous and deciduous
trees and shrubs and supplement it with forbs and grasses, which is more consistent with existing vegetation in the
area. Staff also finds it reasonable to reduce the height of the trees and shrubs to four feet at the time of planting,
provided the buffer attains 80 percent opacity and at least eight feet in height at maturity. A timeline of two years
for all plantings would reduce the financial burden for the applicant and would allow the Zoning Administrator to
review the screening at the bi-annual compliance meeting as required by Condition#15. There also appears to be
sufficient space on the property for the applicant to move the outside storage areas further to the west/northwest to
reduce the length of the required vegetative buffer and thus reduce the landscaping costs. The Board finds the
revisions proposed by staff to be reasonable.
t
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 §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:
Clarence W.Malick,Chairpersh
Date Filed: 03/31/2008
4
10. With the revisions outlined in Findings#4 -#6 above,this request would not constitute a nuisance by reason of
noise, dust, smoke, odor, or similar factor.
11. The Town of Richmond Town Board is still strongly in favor of the applicant's use of the property as a
contractor's storage yard, but with the conditions in question removed. According to the Town Clerk, the Town
Board feels that the cost for the applicant to comply with the conditions would be prohibitive, and that the
applicant has taken good care of his property and is now being punished for it.
DECISION
Based on the Findings of Fact, Conclusions of Law, and the record herein,the Board of Adjustment approved the
applicant's request for reconsideration of Conditions#3,4, 5 and 12 of the after-the-fact special exception permit
approved on January 3, 2008 as follows(the applicant shall strictly adhere to all other conditions of the Board's
January 3, 2008 decision as worded):
Condition#3: Within 30 days of the decision for reconsideration,the applicant shall submit to and have approved
by the Zoning Administrator a landscaping plan to enhance and extend the existing vegetative buffer along the
northeast, southwest, and rear property lines extending from the pole shed east to a distance sufficient to
encompass all outdoor storage areas and wood and brush piles. The buffer shall be at least 10 feet in width and
include native trees and shrubs at least four feet in height at the time of planting to screen the employee parking
lot and loading area, and all outdoor storage areas from adjacent properties and County Highway A. The trees and
shrubs shall include a mix of native coniferous and deciduous species and may be supplemented with native forbs
and grasses.All vegetation comprising the buffer may be spaced and planted in a manner that provides a natural
look. The buffer shall attain at least 80%opacity and an average height of at least eight feet at maturity. The plan
must include the species, size, and location of all native vegetation 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 long-term. The applicant shall be responsible for ensuring that all storage and loading areas are fully
screened from adjoining properties and the highway at all times. All approved vegetation shall be planted no later
than August 31,2010, at which time it will be reviewed to ensure proper screening per Condition #15.
Condition#4: Brush and logs on the site shall be limited to three piles of the following dimensions: 150' x 20' x
8' (L x W x H). The piles shall be located at the rear of the property in the location indicated on the approved site
plan for the site. The applicant shall bring the property into compliance with this condition by moving the
existing pile to the designated areas,or burning it, hauling it off-site, and/or grinding it no later than June 1,
2008. At no time shall any wood or brush pile on the site exceed eight feet in height. All wood and brush stored
on the site shall be removed at least annually.
Condition#5: No job-related wood or brush shall be burned outdoors on the site after June 1, 2008.
Condition#12: All future lighting on the building and associated with the employee parking lot and outdoor
storage areas shall be located no higher than the lowest eaves and illuminated downward and shielded away from
neighboring properties to prevent glare. Existing lighting on the building that is currently located above the
highest eaves shall be fitted with low-intensity bulbs at all times to minimize glare.
The following vote was taken to approve: Chairperson Malick,yes; McAllister, yes; Luckey, no;Nelson yes. Struemke
was not present. Motion carried.
3
® CROIX CO
UNI
PLANNINE &. ZONING
January 7, 2008 1=ilc Ref SF0 11 50
Greg Bonnes
1461 County Highway A
«fF > New Richmond, WI 54017
Re: St. Croix County After-the-Fact Special Exception Permit
Code Ad trau Parcel#: 20.30.18.298D, Town of Richmond
minis
715-386-4680
Dear Mr. Bonms:
Land Information&
Planning
715-386-4674 The St. Croix County Board of Adjustment (Board) has reviewed your application for an
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after-the-fact special exception permit for a contractor's storage yard in the Ag Residential
Real Pr rty
District in the Town of Riclunond. After the hearing on January 3, 2008, the Board voted to
715 -4677 approve your request with conditions. The enclosed document is the formal decision
regarding the application.
R cling
-386-4675 you must obtain any other required local, state, and federal permits and approvals. Please
feel free to contact me with an questions.
Y q
Sincerely,
�a
r.'
Jennifer Shillcox
Land Use Specialist/Zoning Administrator
Eric: Decision
>F Cc: Clerk, Town of Richmond
Pam Quinn, St. Croix Count y Plam�n g and Zonin g Department
h Jeff Durkee, St. Croix County Highway Department
'o
Sr CROIX COUNTY GO UERNMENT CENTER
PZCaCO.SA/NT-CROI 1 101 CARMICHAEL ROAD,HUDSON, W/ 54016 715x3864686 FAX
X.W/US
WWW.CO.SAINT-CROIX.WI US
conditions for limiting the noise and hours of operation during which business-related equipment and materials on
the site are accessed,prohibiting burning on the site,and limiting the amount of wood and brush stored on the
site,this request would not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors.
8. There are no complaints on record at the St. Croix County Planning and Zoning Department for the site since the
applicant started operating his business there in 1997.
9. The existing buildings and gravel parking area meet all applicable setbacks. According to the applicant, the pole
shed is 19' 11"and meets the height requirements for accessory structures.
10. The Town of Richmond Town Board strongly recommends approval of this request.
11. The St. Croix County Highway Department has reviewed the special exception application and has informed staff
that the applicant will need to apply for and receive a commercial access permit from the Highway Department
for his current residential driveway,which may require that the throat of the driveway be improved to commercial
standards.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's
after-the-fact special exception request,with the following conditions:
1. This after-the-fact special exception permit allows the applicant to store vehicles,trailers, equipment and
materials for New Richmond Tree Service, LLC in an existing pole shed, as well as a trailer, rough lumber,
firewood, woodchips, and wood piles in outdoor storage areas on the site as indicated in the plans submitted, and
as provided in the conditions below. All vehicles,trailers, equipment, and materials shall be kept in the designated
storage areas 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 obtaining a commercial access permit as required by the St. Croix
County Highway Department.
3. Within 30 days of this approval,the applicant shall submit to and have approved by the Zoning Administrator a
landscaping plan to enhance and extend the existing vegetative buffer along the northeast, southwest, and rear
property lines extending from the pole shed east to the rear of the lot. 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 to screen the employee parking lot
and loading area, and all outdoor storage areas from adjacent properties and County Highway A. 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
storage and loading areas are fully screened from adjoining properties and the highway at all times. All approved
vegetation shall be planted no later than May 31, 2008.
4. Wood may be stored on the site not to exceed the height of the top of the shortest evergreen at any given time. At
no time shall the woodpile exceed eight feet in height.No brush shall be stored on the site.
5. No wood shall be burned outdoors on the site.
6. Any vehicle maintenance involving fluids shall be done on an impervious and properly contained surface.
2
FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY,WISCONSIN
File: SE0150
Applicant: Greg Bonnes,New Richmond Tree Service,LLC
Parcel#: 20.30.18.298D
Complete Application Received: November 5,2007
Hearing Notice Publication: Weeks of December 17 and 24, 2007
Hearing Date: January 3, 2008
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and reviewed the site, the St.Croix County Board of
Adjustment makes the following findings of fact and conclusions of law:
1. The applicant is Greg Bonnes,property owner and owner of New Richmond Tree Service, LLC.
2. The site is located at 1461 County Highway A in the SW '/4 of the NE t/4 of Section 20, T30N, R18W,Town of
Richmond, St. Croix County,Wisconsin.
3. The applicant filed an application with the Board of Adjustment for an after-the-fact special exception permit for
a contractor's storage yard pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance. The
applicant requests to continue storing vehicles,trailers,and equipment used for his business,New Richmond Tree
Service,LLC, in an existing pole shed, as well as a trailer,rough lumber, firewood, woodchips, and brush and
wood piles in outdoor storage areas on the site.The applicant has been operating the business on the site since
1997 and was notified by County staff that he would need a special exception permit when he applied for a
sanitary permit for the pole shed in 2007.
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, a large pole shed,
gravel employee parking lot, and outdoor storage areas for materials. Access to the site is frorn a single gravel
driveway access from County Highway A. 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 3.5-acre lot is not within a major subdivision, and the closest existing residence is located
approximately 550 feet to the southwest.
5. The gravel employee parking area is currently partially screened by evergreen trees and existing buildings as
viewed from the highway and adjoining properties to the northeast and southwest. The outdoor storage area for
woodchips, lumber, firewood, and brush and woodpiles is currently not screened. With conditions for continuing
to maintain the property in a neat and orderly manner, ensuring that all outside storage areas are fully screened
from adjacent properties and the highway at all times, limiting the amount of wood stored on the site,prohibiting
the storage of brush on the site,and limiting business activities on the site to only the storage of equipment and
materials,this request would preserve the rural character of the area and would not be substantially adverse to
property values in the surrounding neighborhood.
6. According to the applicant,no fuel or hazardous materials, other than oil for the vehicles, will be stored or used
on the site. With conditions for restricting access to the site to the existing driveway only, prohibiting burning on
the site, and requiring vehicle maintenance to be done on an impervious and contained surface, this request would
not negatively impact the health, safety, or general welfare of the public. Traffic to the site is anticipated to be
minimal.
7. According to the applicant,no work or services will occur on site, only the storage of vehicles and equipment and
other work-related materials, and the stockpiling of brush and wood materials. The brush and wood used to be
burned on the site until 2006,but are now hauled away by Ever-Green Energy upon request by the applicant. Wall
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 §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:
Clarence W.Malick hairpers
Date Filed: 01/07/2008 on
4
f
7. Access to the site shall be limited to the existing driveway only.
8. No onsite retail sales, services, business activities, or operations other than what is provided in the conditions
shall be allowed. The wood shop on the site shall be used for personal purposes only.
9. General hours of operation during which business-related equipment is accessed on the site shall not extend
beyond 6:30 AM to 5:00 PM.
10. 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 applicant shall take the matter before the Board of Adjustment at a public hearing.
H. No fuel or hazardous materials other than that associated with maintenance and use of the business equipment
shall be used on the site. Any oil and/or hazardous materials stored on the site shall be stored in proper containers
and conditions and disposed of in accordance with applicable state and federal standards.
12. All lighting on the buildings and associated with the employee parking lot and outdoor storage areas shall be
located no higher than the lowest eaves and illuminated downward and shielded away from neighboring
properties to prevent glare.
13. No signs or additional lighting are approved as part of this permit.
14. The property shall be maintained in a neat and orderly manner.
15. The applicant shall contact the Zoning Administrator to review this special exception permit in two years from the
approval date(January 2010) 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 wi II not be amended or
added without notice to the applicant and an opportunity for a hearing.
16. Any change in ownership of the property or change in project details— including but not limited to expansion,
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.
17. Failure to comply with the conditions of this approval within the tinneframes 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 and/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.
18. 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; McAllister. yes; Luckey. yes; Struennke, yes. Nelson
was not present. Motion carried.
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