The URL can be used to link to this page

Home My WebLink About026-1063-10-000 ® IX CO C a UNTY* PLANNING &. ZONING ............ ...... .... .. .. ......... ..::. ..».... ...y,....:...»>'..w:..:,::::.::�,....:.: '>,.:....�,>..._..:.:v.:....:�:.:�.,,...y...:::.::.:.>:<.»....,.:...n .: .kYb.:.(4SQ,>»W5u4C<£M?eh>.:>NG...-�R::...W...... �:sa�.!'S, �.:L<L:..... .>.C.,3.::•.•.t<."h;:,rc,<c Y9M ::.�.w' ),.eaF»oY .>n:.J:6GU:tt..:.?.: >•:: .... .......rt> .<.........,_.r�.fi.:f..�......\\::.:.f..Q':<.:l.Y.,,:a..�:L:�:`>:>lC"af:M ..... .. .. .. ..p:........ t_. 4: March 29, 2010 File Ref: SE0217 f< ,.. . Russ Utecht 1h 1454 120 Street New Richmond WI, 54017 Re: St. Croix County special exception permit for a temporary hot mix plant located in section 21,T30N,R18W, Town of Richmond. Code Administrau 715-386-4680 Dear Mr. Utecht: Land Information The St. Croix County Board of Adjustment (Board) has reviewed your application for a Planting special exception permit for a temporary hot mix plant at the property referenced above. 715-386-4674 After the hearing on March 25, 2010, the Board approved the special exception request Real P rty with conditions. The enclosed document is the formal decision regarding the application. 715 -4677 You must obtain any other required local, state, and federal permits and approvals. Should R cling you have any questions or concerns,please contact me at 715-386-4680. -386-4675 Sincerely, x Alex Blackburn Land Use Specialist/Zoning Administrator Enclosure: Formal Decision cc: Clerk, Town of Richmond Ron Peterson, B.R. Amon and Sons, Inc. W2950 Hwy 11, Elkhorn WI, 53121 3 .g Kf: ",. x:. 5T.CRO/X COUNTY GOVERNMENT CENTER 1101 CARM/CHAEL ROAD,HUDSON, Wi 54016 7153864686 FAX PZPCO.SAINT-CROIX.WI.US W W W.CO.SAI NT-C ROIX.WI.U S 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 operate a temporary hot mix plant in the Ag. Residential district. Approval for this special exception permit does not include any additional uses, structures, or other activities. 2. The applicant shall be responsible for securing all other necessary local, state,and federal permits and approvals. 3. All petroleum products associated with asphalt production shall be properly stored and removed at the end of the project. 4. Hours of operation shall be 6 AM to 9PM Monday through Saturday. 5. Chloride dust control measures shall be used. 6. Any future lighting associated with this operation must be downward directed and shielded away from neighboring properties. In addition, lighting must be no higher than the lowest eaves of the buildings. 7. No signs are approved as part of this permit.Any future signage will require a sign permit. 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 applicant shall take the matter before the Board of Adjustment at a public hearing. 9. All buildings and property shall be maintained in a neat and orderly manner. 10. These conditions may be amended or additional conditions may be added to address complaints or unanticipated circumstances that would affect the health, safety,or general welfare of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and opportunity for a hearing. 11. Any change in the use of the property; change in the building or facilities; or changes to the approved project details—including but not limited to structures, landscaping, signs, lights,parking, or lot/access changes—shall require prior review and approval by the Zoning Administrator to ensure that all Ordinance requirements are met.The Zoning Administrator may determine that special exception approval is necessary. 12. Accepting this decision means that the applicant has read, understands,and agrees to all conditions of this decision. 13. This permit will expire on October 1St, 2010. (120 days from June 1St) 14. Driveway/tracking pad shall be installed at entrance. 2 FINDINGS, CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY,WISCONSIN File: SE0217 Applicant: Russ Utecht Agent: Ron Peterson of B.R.Amon and Sons Location: Section 21, T3 ON,R18W, Town of Richmond Complete Application Received: December 21,2009 Hearing Notice Publication: Weeks of March 8 and 15, 2010 Hearing Date: March 25,2010 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and reviewed the site the Board of Adjustment makes the following Findings of Fact and Conclusions of Law for the special exception; 1. The applicant is Russ Utecht,property owner and Ron Peterson, agent. 2. The site is located at 1454 120'h Street in the NE'/4 of the NE 1/4 of section 21,T30N,R18W, Town of Richmond, St. Croix County, Wisconsin. 3. The applicant filed with the Planning and Zoning Department an application for a special exception permit for a temporary hot mix plant in the Ag Residential district pursuant to Section 17.15(6) (n)of the St. Croix County Zoning Ordinance. 4. This request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that temporary hot mix plants may be allowed in the Ag Residential District with a special exception permit. 5. By operating within the parameters outlined in the DNR air pollution control permits and with conditions to properly contain all petroleum products associated with the operation this request would not be contrary to the public health and safety or general welfare of the surrounding area. Since the surrounding land uses are primarily non metallic mining and concrete production this request would not be adverse to the property values in the area. 6. With a condition limiting the hours of operation and the fact that this temporary hot mix plant will be in a depression and surrounded by similar uses, this request will not be a nuisance in terms of noise. With a condition to apply the chloride dust control agent and to install a tracking pad this request would not be a dust nuisance. With a condition to direct lighting downward this request would not be a nuisance due to light glare. 7. Staff talked with Joe Brehm from the Wisconsin DNR in reference to the air pollution control general operation and general construction permits that they issued. The proposed hot mix plant equipment emissions are in compliance with the standards outlined in those permits and therefore will not be nuisance in terms of smoke and odor. 8. Section 17.15 (6) (n)that states that temporary hot mix plants are allowed with a special exception permit if they are engaged in a public highway related project and do not exceed 120 days in operation. This request is for approximately 45 days and for State Highway 65 and complies with 17.15 (6) (n). The following vote was taken to approve: Nelson, yes; Hurtgen, yes; Chairperson Malick, yes; Peterson, yes. Motion carried unanimously. 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. 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: ` 41 erson Date Filed: 03/29/10 Clarence W.Malick,Chai 3