HomeMy WebLinkAbout026-1075-70-100 (2) CO tROIX
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AA & UNTY*
PLANNING & ZONNG
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December 3,2009 File Ref: SE0211
V.
:> Ken and Lisa Bessac
E
..M 1352 140"'Street
.....New Richmond WI 54017
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Re: St.Croix County after the fact special exception request
Code Administrad Parcel#026-1075-70-400 Town of Richmond
715-386-4680
Dear Mr.and Ms. Bessac:
Land Information& '
Planning The St. Croix County Board of Adjustment(Board)has reviewed your request for the following items:715-386-4674,
Real p, rty After the fact special exception request for a contractors storage yard, (towing business) in
715 -4677 the Ag. Residential District pursuant to Section 17.15(6)(d)of the St. Croix County Zoning
Ordinance.
R cling
-386-4675 After the hearing on December 2, 2009,the Board approved this request with conditions. The enclosed
document is the fonnal decision regarding your variance request.
You must obtain any other required local, state, and federal permits and approvals. Should you have any
questions or concerns, please contact me at 715-386-4680.
Sincerely,
k �7
Alex Blackburn
i- Zoning Specialist/Zoning Administrator
Enclosure: Formal Decision
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cc: Clerk, Town of Richmond
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ST.CRO/X COUNTY GOVERNMENT CENTER
1 101 CARM/CHAEL ROAD,HUDSON, W/ 54016 7153864686 FAX
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DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein,the Board has approved the
special exception request with the following conditions:
1. This after-the-fact special exception permit allows the applicant to operate a towing business and temporarily
store vehicles in a 40 foot by 80 foot shed, as shown in the plans submitted, and as provided in the conditions
below.
2. Six foot high screening to be completed on the north side if the adjoining property owner on the north makes
the request.
3. Add screening along the south property line to increase opacity to 80 percent ex. fencing,hedge, or shrubs.
4. Existing fence and vegetative screening shall be maintained.
5. Only one tow truck is to be parked outside.
6. On site storage of any towed vehicles shall be temporary and locked inside the 40 foot by 80 foot shed.
7. Property shall be maintained in a neat and orderly manner.
8. Any cars that are leaking any automotive fluids shall be stored on the concrete portion of the garage and any
leaks shall be properly cleaned up and disposed of.
9. The applicant shall be responsible for obtaining and adhering to all other required local, state, and federal
permits and approvals.
10. The additional screening along the south property line shall be completed by July ls`, 2010. An$1100.00
compliance deposit shall be submitted to the Planning and Zoning office by January, 4th, 2010. Compliance
deposit will be refunded one year after the completion of planting or within two weeks of the completion of
fencing.
11. 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.
12. No additional lighting is approved as part of this permit. There will be(one)one foot by 2 foot sign on the
door. This sign is an incidental sign and exempt from the ordinance.
13. The applicant shall contact the Zoning Administrator to review this special exception permit in two years
from the approval date(December 2012) 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.
14. 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.
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FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST.CROIX COUNTY,WISCONSIN
File Number: SE0211
Applicants: Ken and Lisa Bessac property owners'
Parcel Number: 026-1075-70-400
Complete Application Received: October 5,2009
Hearing Notice Publication: November 16 and 23, 2009
Hearing Date: December 2, 2009
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony and considered the entire record herein, the Board makes the following Findings of
Fact and Conclusions of Law pertinent to the special exception request:
1. The applicants are Ken and Lisa Bessac,property owner and owner of GTK services.
2. The site is located at 1352 140`" Street in the 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. The applicant requests to continue the operation of a towing business and the
temporary storage of vehicles in the 40 foot by 80 foot shed.
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.
5. The outdoor storage area is not related to this request and currently contains 2 sport utility vehicles, some
trailers, dumpsters and other assorted items. Even though it's not a part of this request,the applicants have
put up privacy fence and planted trees to partially screen this area from 140"'Street and from the adjoining
parcel to the north. With conditions to add additional screening on the south property line, storing a single
tow truck and personal property inside the newly screened area, maintaining the property in a neat and orderly
manner and storing towed vehicles inside the locked shed,this request would preserve the rural character of
the area and would not be substantially adverse to property values in the surrounding neighborhood.
6. The east property line is screened by hardwoods and conifers that will meet the opacity requirements in 3-5
years.
7. With conditions to store any cars that are leaking fluids on the concrete floored portion of the shed and to
clean up, contain and properly dispose of any hazardous liquids that may leak from the towed cars including
but not limited to gas, oil, anti-freeze,brake fluid,power steering fluid, transmission fluid,and windshield
washer fluid this request would not negatively impact the health, safety, or general welfare of the public.
8. According to the applicant,no work or services will occur on site, only the storage of towed vehicles. The
noise associated with the tow trucks pulling in and out of the property would be similar to vehicular traffic
along 1401"Street. The noise associated with letting a car down from the tow truck would be minimal since it
will be done inside the shed. There will be no smoke, dust or odors associated with this type of business.
Based on the above findings this request would not constitute a nuisance by reason of noise, dust, smoke,
odor or other similar factors.
9. The St. Croix County Land and Water Conservation Department did not review this application since there
was no filling or grading.
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15. 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.
16. 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: Vice Chairman McCallister,yes; Peterson,yes;Nelson, yes. 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 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: AcA X6` a6
Date Filed: 12/03/2009 Clarence W.Malic , Chairperson
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Staff presented the application and staff report. Richmond Town Board recommended
approval of the request. Staff recommended approval based on eight findings of fact and
conclusions of law with 13 conditions for the Board's consideration.
Ken Bessac signed an oath and spoke in favor of the request. He testified his property is
in a valley; when looking from the road you look down to his property. He stated there
are old growth trees on the east side of the driveway. He said one bay of the garage is
used just for personal property. He stated there are no auto repairs done on his property.
Ken said the middle bay is used for storing the cars until they know where the vehicle
needs to be towed. Vehicles with leaking fluids usually leak at the accident scene but if
there were some leaking, they would be stored on the concrete which is in the first bay.
He stated he had concerns with the fencing requirements because he avoided putting
them up to begin with since he does not want his property to look commercial. Ken said
one of his tow trucks is stored in town to help promote his business, only one tow truck
will be stored on the property.
No one testified in opposition.
Application#4: Richard & Kathleen Nordby—Special Exception &Variance
The applicants requested a special exception to operate an animal boarding and grooming
facility (kennel) in the Shoreland, Floodplain, and Ag Residential District in the Town of
Emerald. The applicants also requested a variance to the 700-foot setback from the
property lines required for kennels in the Ag Residential District.
Staff presented the application and staff report. The Town of Emerald was sent a copy of
the application for review but they did not submit comments for the Board's
consideration. The applicant presented their plan to the Plan Commission and received
an indication the Town was in support of the request. St. Croix Land and Water
Conservation Department reviewed the application and recommended the Board make a
condition of the request to store compost pile in a confined structure until land applied at
acceptable agronomic rates. Wisconsin Department of Natural Resources reviewed the
application and the applicant would not need any DNR Chapter 30 permits. Staff
recommended approval based on 17 findings of fact and conclusions of law with 14
conditions.
Kat Nordby signed an oath and spoke in favor of the request. Kat testified she was a
certified dog trainer and was asked by the Glenwood and New Richmond veterinarian
clinics if she would open an animal boarding facility. She stated she would only be
training two dogs at one time, therefore there will be two dogs outside with supervision at
one time. She stated they will be adding a roof to store the compost. Kat said keeping
the land preserved is a priority of hers as she is an employee of the Minnesota
Department of Natural Resources. She testified the DNR and LWCD were at her property
before she had the horses on her property. She said she is staying on top of the
ordinances and has permits for everything they have done to the property
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�. Z)GRIGINALO 19 IiDC
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
December 2,2009
The meeting was called to order by Chairperson Clarence "Buck" Malick at 8:32 a.m. A
roll call was made. David Peterson, Jerry McAllister and Sue Nelson were present. Joe
Hurtgen was absent. Staff included: Kevin Grabau, Code Administrator; David Fodroczi,
Planning and Zoning Director; Alex Blackburn, Zoning Specialist; Pam Quinn, Zoning
Specialist; Steve Olson, St. Croix County Land and Water Conservation Department and
Becky Eggen, Recorder.
Staff confirmed to the Board that this was a properly noticed meeting.
The next meeting for the Board is scheduled for Tuesday, December 22, 2009 at 8:30
a.m. in the County Board Room of the Government Center in Hudson.
Application #1: Monea Johnson / Bernard Leverty Revocable Trust Special
Exception
The applicant requested a special exception to operate a pet boarding and grooming
business in the Commercial District in the Town of Somerset.
Staff presented the application and staff report. The Town of Somerset Town Board and
Plan Commission meeting minutes stated a driveway permit will have to be obtained, but
shouldn't be a problem as it meets separation distance, septic system will require County
to review its compliance status, driveway separation will need to be clarified. Both the
Plan Commission and Town Board recommended approval. St. Croix County Land and
Water Conservation Department reviewed the application and recommended the solid
waste and wash water is handled in an environmentally safe manner either through
compost and land application or in a septic system if permissible by code. Wisconsin
Department of Natural Resources reviewed the application and commented the site is not
listed on the DNR wetlands inventory map and is not in close proximity to a navigable
waterway, so therefore no Chapter 30 permit would be required. However, if the
applicant would begin filling and grading an area of>10,000 square feet, they will need a
Storm Water permit. Staff recommended approval based on 13 findings of fact and
conclusions of law with 14 conditions for the Board's consideration.
Monea Johnson signed an oath and spoke in favor of the request. She testified she agrees
all recommendations were compliable and workable. She stated the current renters of the
building have been notified and have until the end of March to vacate the building.
No one testified in opposition.
Application#2: Ken & Lisa Bessac—After-the-Fact Special Exception
The applicants requested an after-the-fact special exception permit for a contractor's
storage yard in the Town of Richmond.
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3. The applicant filed with the Board of Adjustment an application for a special
exception permit for a pet boarding and grooming business in the Commercial
District pursuant to Section 17.18 (1) of the St. Croix County Zoning Ordinance.
4. The applicant's site was purchased via land contract by Bernard Leverty in 1977,
which included a residential building that extends into an easement granted on the
parcel immediately south of the site. The existing pole building was constructed
at some time prior to the cell tower,whose service driveway access was approved
as part of a special exception permit decision on December 9, 1999. Maurice
Leverty,part-owner of the adjacent parcel and Loch Ness Lounge,has submitted
written concerns with regard to parking, garbage disposal, and the location of the
4-plex building's POWTS that will need to be addressed as part of conditions for
granting the special exception.
5. The Town of Somerset Town Board and Plan Commission meeting minutes stated
the town's understanding of the request and comments that: 1) driveway permit
will have to be obtained,but shouldn't be a problem as it meets separation
distance, 2) septic system will require County to review its compliance status, 3)
driveway separation will need to be clarified (sic), and both Plan Commission and
Town Board recommended approval.
6. The St. Croix County Land and Water Conservation Department has concerns
with how the solid debris will be handled along with the wash down and rinse
water. Steve Olson, Rural Land Specialist, did talk to Monea Johnson in regards
to this matter,however, she did not have a concise plan on how to handle the
waste. He suggested composting of the solid waste and/or maybe a holding tank
for the wash water,but is not an expert to handle the sanitary code to see if a
holding tank is permissible. The LWCD recommends the solid waste and wash
water is handled in an environmentally safe manner either through compost and
land application or in a septic system if permissible by code.
7. The Wisconsin Department of Natural Resources reviewed the special exception
application and commented that the site is not listed on the DNR wetlands
inventory map and is not in close proximity to a navigable waterway, so therefore
no Chapter 30 permit is required. However, if the applicant will be grading an
area> 10,000 sq. ft., they will need a Storm Water permit.
8. This request would not violate the spirit or general intent of the St. Croix County
Zoning Ordinance in that a pet grooming and boarding business is a reasonable and
appropriate use in the Commercial District, which the property is currently zoned.
The proposed grooming and boarding activities would be compatible with existing
adjoining commercial uses in the area, and the site is located near the State Highway
35/64 exit at Cty. Rd. V and is accessible to clients.
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Richard Nordby signed an oath and spoke in favor of the request. He testified the pole
building where the dogs will be housed is insulated and will help reduce the noise. He
said about four years ago there were four or five truck loads of sand brought in for the
horse round pen.
Bruce Elliott, Warren Township Supervisor, signed an oath and spoke in favor of the
request. He testified the 700 foot setback is very restrictive and expensive. He stated he
would like to have the Ordinance reviewed and change the setback standard. He said
there are a lot of pets in the county and a boarding facility could be a good home
business. He also stated it would be good to see an animal shelter in the County.
Jim Treutel, a neighbor to the west of Nordby's, signed an oath and spoke in opposition
to the request. He questioned what the hardship was to grant the variance. He stated
there is plenty of land for sale in Emerald Township that would be suitable for a kennel.
He questioned how the two dogs at one time would be enforced. He has concerns with
the noise as well.
Chair Malick was excused from the meeting at 9:55 a.m.
Vice Chair McCallister presided over the meeting.
Brian Hurtgen signed an oath and spoke in opposition to the request. He testified he did
not think the applicant could take care of that many dogs on the property.
The Board left for lunch and site visits at 10:05 a.m.
The Board reconvened at 12:25 p.m.
Minutes
Motion by Peterson, second by Nelson to adopt the October 22, 2009 minutes. Motion
passed unanimously.
Decisions
After hearing the testimony and reviewing the material in the record, the Board rendered
the following decisions:
Application #1: Monea Johnson/Bernard Leverty Revocable Trust—Special
Exception
Motion by Nelson, second by Peterson to approve a special exception permit to operate a
pet boarding and grooming business in the Commercial District in the Town of Somerset
based on the following finding of fact and conclusions of law:
1. The applicant is Monea Johnson, heir/trustee of Bernard Leverty's property and
business owner.
2. The site is located at 1584 32"d Street in the NW '/ of the NW '/ of Section 18,
T30N, R19W, Town of Somerset, Wisconsin.
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1. This special exception permit allows the applicant to operate a pet grooming and
boarding business on the site as indicated in the plans submitted and as provided
in the conditions below. This approval does not include any additional uses,
structures, or activities.
2. The applicants shall be responsible for complying with any other local, state, or
federal permit requirements, licenses and approvals including but not limited to a
Stormwater Permit from the DNR for filling or grading>10,000 sq. ft. The
POWTS extends outside the existing easement, thus is non-compliant with
DCOMM setback requirements, which must be resolved while the applicant is
still in possession of the property.
3. Prior to commencing use of the site for pet boarding and grooming as proposed,
the applicant shall submit to and have approved by the Zoning Administrator the
following items:
• A landscaping plan showing additional vegetative screening for the
outdoor enclosures. The plan should include the species, size, and location
of all trees and shrubs to be planted, as well as a timeline for the plantings
and a maintenance agreement to ensure that all vegetation establishes
successfully and that existing vegetation is maintained at its current level
long-term.
• Remodeling plans for the 4-plex building and the pole building that show
the number of kennels to be built, areas for pet grooming, retail
merchandise sales, office and designated employee breaks/restrooms.
Construction of the kennels and exterior enclosures shall be completed
prior to accepting animals for boarding.
• A surety in the form of a compliance deposit in the amount of$1,100 to be
held by the Zoning Administrator until the driveway and parking area
paving and landscaping have been completed and approved to be in
compliance with the conditions of this permit(see the timeline listed in
Condition#11 below) and all applicable provisions of the Ordinance, at
which time the deposit will be refunded in full.
4. Within 30 days of this approval, the applicants shall submit to and have approved
by the Zoning Administrator a management plan for all dog waste and bedding.
As part of the plan, the applicants shall agree to store all dog waste and bedding in
enclosed containers and provide documentation to verify that it will be hauled off-
site to an appropriate disposal facility.
5. Normal hours of operation shall be limited to 8:00 AM to 7:00 PM. No dogs shall
be in outside enclosures before 9:00 AM or after 4:00 PM.
6. 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.
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9. The proposed pet grooming and boarding services would meet several goals and
objectives of the St. Croix County Development Management Plan including
locating commercial development where suitable conditions exist,pursuing quality
of life that will attract and retain quality businesses and employment,promoting the
development of new businesses in the County, and diversifying the County's
economy.
10. The applicant proposes to use perimeter lighting for safety and security. With
conditions for shielding any future light sources to prevent glare onto adjacent
properties and for limiting noise and hours of activity on the site,this request would
not negatively impact the health,safety, or welfare of the public,nor would it be
substantially adverse to property values for nearby residences or businesses.
According to the applicants, anticipated traffic is not expected to increase
substantially and will consist of pet owners dropping off and picking up their pets in
the morning or evening hours.
11. With conditions for control of barking,proper disposal of waste material generated
on-site, and screening the future outdoor run areas with appropriate trees and/or
shrubs to reduce noise and visibility for adjacent properties,this request would not
constitute a nuisance by reason of noise, dust, smoke, odor,or other similar factors.
The site is surrounded by predominantly commercial uses, and will have screening
from additional plantings of evergreen trees.
12. With conditions for providing adequate off-street paved parking and a permitted
driveway access, the standards would be met to grant the special exception permit
for the proposed pet grooming and boarding business pursuant to Section
17.18(1)(a-f) of the St. Croix County Zoning Ordinance. The proposal includes
six (6) off-street parking stalls for patrons, including one handicap accessible slot,
and two (2) separate employee parking stalls as required by Section 17.57 of the
St. Croix County Zoning Ordinance. The required off-street parking for 1800
square feet of retail business or personal service space is 9 parking stalls (1
stall/200 square feet). The existing 4-plex building has additional parking located
within an easement that extends onto the adjacent property to the south, and
which is currently accessed via the driveway for that parcel and meets current
road setbacks from Highway 35/64 pursuant to Section 17.60 of the St. Croix
County Zoning Ordinance.
13. The applicants do not propose to use open grassed areas north of the pole building
for land-applied disposal of dog waste. With conditions requiring the applicants to
store all dog waste and bedding in enclosed containers and have regularly
scheduled removal off-site to an appropriate disposal facility, this request would
not be contrary to the health, safety or general welfare of the public and would
minimize the potential for noxious odors.
With the following conditions:
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contractor's storage yard based on the following findings of fact and conclusions of law:
1. The applicants are Ken and Lisa Bessac,property owner and owner of GTK
services.
2. The site is located at 1352 140th Street in the 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. The applicant
requests to continue the operation of a towing business and the temporary storage
of vehicles in the 40 foot by 80 foot shed.
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.
5. The outdoor storage area is not related to this request and currently contains 2
sport utility vehicles, some trailers, dumpsters and other assorted items. Even
though it's not a part of this request, the applicants have put up privacy fence and
planted trees to partially screen this area from 1401h Street and from the adjoining
parcel to the north. With conditions to add additional screening on the south
property line, storing a single tow truck and personal property inside the newly
screened area,maintaining the property in a neat and orderly manner and storing
towed vehicles inside the locked shed,this request would preserve the rural
character of the area and would not be substantially adverse to property values in
the surrounding neighborhood.
6. The east property line is screened by hardwoods and conifers that will meet the
opacity requirements in 3-5 years.
7. With conditions to store any cars that are leaking fluids on the concrete floored
portion of the shed and to clean up, contain and properly dispose of any hazardous
liquids that may leak from the towed cars including but not limited to gas, oil,
anti-freeze,brake fluid,power steering fluid, transmission fluid, and windshield
washer fluid, this request would not negatively impact the health, safety, or
general welfare of the public.
8. According to the applicant, no work or services will occur on site, only the
storage of towed vehicles. The noise associated with the tow trucks pulling in and
out of the property would be similar to vehicular traffic along 140th Street. The
noise associated with letting a car down from the tow truck would be minimal
since it will be done inside the shed. There will be no smoke, dust or odors
associated with this type of business. Based on the above findings this request
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7. The applicant shall have one additional caretaker as proposed. Should additional
employees become necessary,the applicant shall notify the Zoning Administrator
as required in Condition#13 below.
8. The applicant shall be responsible for keeping the property in a neat and orderly
manner.
9. All lighting associated with the kennel shall be downward directed and shielded
away from neighboring properties to prevent glare. Only lights on the building or
building overhangs at a level not to exceed the height of the lowest eaves may be
left on overnight for security purposes.
10. No signs are approved as part of this permit. Any signage for the business will
require a land use permit and must comply with standards in the St. Croix County
Sign Ordinance Section 17.65.
11. The applicant shall have one (1) year from the date of this approval to commence
use of the site for a pet boarding and grooming business as proposed and to
substantially complete the landscaping and paving. Failure to do so shall result in
expiration of the special exception permit. If the special exception permit expires
within this timeframe, the applicant will be required to secure a new special
exception permit. The applicant may request extensions of up to six months not
to exceed a total of one year from the Zoning Administrator prior to the expiration
of the permit in the event that additional time is needed.
12. The applicants shall be responsible for contacting the Zoning Administrator to
review this special exception permit in two (2) years from the approval date for
compliance. These conditions may be amended or more 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 changed without notice to the applicant and opportunity for a hearing.
13. Any minor change or addition to the pet boarding and grooming operations,
including but not limited to a change in use or facilities, or the addition of services
or staff shall require prior review and approval by the Zoning Administrator prior to
making the change or addition. Any major change or addition to the originally
approved plan will have to go through the special exception approval process.
14. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
Motion passed unanimously.
Application #2: Ken & Lisa Bessac—After-the-Fact Special Exception
Motion by Peterson, second by Nelson to approve an after-the-fact special exception for a
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12. No additional lighting is approved as part of this permit. There will be(one)one
foot by 2 foot sign on the door. This sign is an incidental sign and exempt from
the ordinance.
13. The applicant shall contact the Zoning Administrator to review this special
exception permit in two years from the approval date(December 2012) 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.
14. 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.
15. 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.
16. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
Motion passed unanimously.
Application#4: Richard & Kathleen Nordby—Special Exception & Variance
Motion by Nelson, second my McAllister to deny the special exception to operate an
animal boarding and grooming facility in the Shoreland, Floodplain and to deny the
variance to the 700-foot setback from property lines required for kennels in the Ag-
Residential District in the Town of Emerald based on the following finding of fact and
conclusions of law:
1. The applicants are Richard and Katherine (Kat)Nordby,property owners.
2. The site is located at 1394 230th Street in the NE t/ of the NE '/ of Section 29,
T30N, R16W, Town of Emerald, St. Croix County, WI.
3. The applicant's property is zoned Ag Residential District and is within the
Shoreland and Floodplain Districts of Carr Creek, which bisects the property. The
proposed animal boarding facilities will be housed within existing buildings,
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would not constitute a nuisance by reason of noise, dust, smoke, odor or other
similar factors.
9. The St. Croix County Land and Water Conservation Department did not review
this application since there was no filling or grading.
With the following conditions:
1. This after-the-fact special exception permit allows the applicant to operate a
towing business and temporarily store vehicles in a 40 foot by 80 foot shed, as
shown in the plans submitted, and as provided in the conditions below.
2. Six foot high screening to be completed on the north side if the adjoining property
owner on the north makes the request.
3. Add screening along the south property line to increase opacity to 80 percent ex.
fencing, hedge, or shrubs.
4. Existing fence and vegetative screening shall be maintained.
5. Only one tow truck is to be parked outside.
6. On site storage of any towed vehicles shall be temporary and locked inside the 40
foot by 80 foot shed.
7. Property shall be maintained in a neat and orderly manner.
8. Any cars that are leaking any automotive fluids shall be stored on the concrete
portion of the garage and any leaks shall be properly cleaned up and disposed of.
9. The applicant shall be responsible for obtaining and adhering to all other required
local, state, and federal permits and approvals.
10. The additional screening along the south property line shall be completed by July
1St, 2010. An$1100.00 compliance deposit shall be submitted to the Planning and
Zoning office by January, 4th, 2010. Compliance deposit will be refunded one
year after the completion of planting or within two weeks of the completion of
fencing.
11. 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.
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Item#2—Variance Request—Findings and Conclusions:
The Board made the following findings of fact and conclusions of law pertinent to Item
#2:
9. The applicants filed an application with the Board of Adjustment for a variance to
the 700-foot setback required for kennels in the Ag-Residential District pursuant
to Section 17.15(6)(f)of the St. Croix County Zoning Ordinance.
10. The applicants propose to house interior kennels in their existing residence and
barn that are approximately 320 feet from the closest property line to the west,
500 feet from the south lot line, and approximately 200 feet from property across
230d' Street to the east,which is currently being used for agricultural crop land.
The applicant's house and outbuildings are—480 feet from the existing dwelling
to the northwest and—700 feet from the dwelling to the south. There is no
location on the parcel where kennel facilities can be placed that would not
encroach within the 700-foot property line setback.
11. When determining whether an unnecessary hardship exists, the Board of
Adjustment must identify unique physical characteristics of the property that
would otherwise prohibit the applicant from using the property for a permitted
purpose, and then weigh the burden placed on the applicant in meeting the
requirements of the Ordinance against the public interests being protected. The
Board could not make a finding to establish that literal enforcement of the
ordinance setback would result in unnecessary hardship for this property.
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein,
the Board denied the variance due to an absence of unnecessary hardship. The Board
denies the special exception due to denial of variance. As a result of discussion, the
Board feels the 700 ft. setback is excessive and should be reviewed and modified by the
Planning and Zoning Committee.
Motion passed unanimously.
The meeting was adjourned by the Vice Chair at 1:38 p.m.
Respectfully submitted,
,-51 n lt.111 a
Sue Nelson, Secretary Becky
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which are located within a primary environmental corridor as identified by the St.
Croix County Development Management Plan 2000-2020 (see Finding#12
below.
4. The Town of Emerald Town Board has not submitted comments on this
application.
5. The St. Croix County Land and Water Conservation Department has reviewed the
special exception permit application and has the following comments for the
Board's consideration. On November 4, 2009 staff performed a site visit and had
a discussion with Kat in regards to the compost pile for the horse and dog waste.
The entire property is located within a Soil and Water Quality Management Area
(SWQMA), therefore no unconfined waste piles may exist on the property. To
meet the applicable standards, Kat has agreed to move the existing compost pile
under an existing roof or to construct a new canopy to house the compost. Either
option is compliant with the applicable standards and addresses the LWCD
concerns for the site. The LWCD recommended the board make it a condition of
the special exception permit to store the compost pile in a confined structure until
land applied at acceptable agronomic rates.
6. The Wisconsin Department of Natural Resources reviewed the application. It is
the Department's understanding no filling or grading will be taking place for this
project. The new outside run area will be fenced off, and the existing buildings
will be utilized. Therefore, this current proposal will not need any DNR Chapter
30 permits. WDNR wetland maps of this site show areas of wetlands and hydric
soil indicators. Therefore, any future building, filling or grading will require a
DNR Chapter 30 permit. Be advised, due to the close proximity of wetlands, the
owner must place all waste from both the kennel facility and horse ranch in an
upland site, which must be protected from erosion so no waste can run off into
either Carr Creek or the wetlands.
Item#1 Special Exception (kennel) Findings and Conclusions:
The Board made the following findings of fact and conclusions of law pertinent to Item
#1:
7. The applicants filed an application with the Board of Adjustment for a special
exception permit to operate an animal boarding facility in the Ag Residential
District pursuant to Section 17.15(6)(f) of the St. Croix County Zoning
Ordinance.
8. The proposed use cannot meet the criteria for a kennel pursuant to Section
17.15(6)(f) of the Ordinance due to the required 700 ft. setback from any property
line shared with property upon which a dwelling may be located. The applicants
currently live on the parcel and maintain three horses and personal pets on the
property. They propose to use their residence and existing outbuildings to
provide a boarding facility for dogs and cats and offer grooming services in the
future.
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