HomeMy WebLinkAbout026-1075-95-300 AMENDED
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 82-96
Complete Application Received: September 26, 1996
Hearing Notice Publication: Weeks of 10/7/96 and 10/14/96
Hearing Date: October 24 , 1996
FINDINGS OF FACT
Having heard all the testimony, considered the entire record
herein, and conducted an on-site inspection, the Board finds the
following facts:
1 . The applicants are Clyde E. and Marilyn Vetter whose address
at the time of submitting their application was 6126 Kilkenny
Drive, Crystal Lake, IL 60014-4728 .
2 . The applicants on September 26, 1996 filed with the Zoning
Office an application for a special exception use for a dog
kennel .
3 . Walter and Gloriann Maring are the owners of the property
which is the subject of the application which is located in
the SW; of the SW, of Section 26, T30N, R18W, Town of
Richmond, St. Croix County, Wisconsin.
4 . The subject property is presently used as a single family
residence.
5. The property is zoned Ag.-Residential under the current
St. Croix County Zoning Ordinance.
6. The property consists of 6. 39 acres.
7 . The Town of Richmond supports the application with the
following conditions: no live ammunition, and if shooting
becomes a problem with the neighbors, it should come back
before the Richmond Town Board.
8 . The applicants are purchasing the property from the Mr. and
Mrs. Maring and have a closing scheduled for December 2 , 1996.
9 . The request is for 16 kennels.
10. The specifics of the small gun dog training kennel include:
The facility will contain approximately 12-13 dogs at any
given time, which would include their own personal dogs.
- Dogs are boarded long-term, anywhere from 1-4 months.
This will not be a simple boarding kennel , rather a
training operation.
STOIX COUNTY
WISCONSIN
ZONING OFFICE
NOUN* ST. CROIX COUNTY GOVERNMENT CENTER
" 1101 Carmichael Road
°�`• Hudson, WI 54016-7710
(715) 386-4680
December 10, 1996
Clyde E. and Marilyn Vetter
1302 130th Avenue
New Richmond, Wisconsin 54017
RE: AMENDMENT TO NOVEMBER 25, 1996 BOARD OF ADJUSTMENT DECISION
File Ref: 82-96
Dear Mr. and Mrs. Vetter:
The St. Croix County Board of Adjustment has reviewed the decision
rendered on November 25, 1996 concerning your dog kennel operation
and has amended your decision by deleting condition number 3 which
stated: No live animals are to be used on the property. The
enclosed document is the formal amended decision.
Should you have any questions or concerns, please do not hesitate
to call .
Sincerely,
Thomas C. Nelson
Zoning Administrator
db
Enclosure
cc: Walter and Gloriann Maring
Janice Ball , Richmond Town Clerk
�I
CONCLUSIONS OF LAW
The Board concludes that:
1 . The Board of Adjustment has authority under sec. 17 .70 (5) (c) 4,
St. Croix County Zoning Ordinance, to grant special exception
use permits.
2 . Special exception use permits may be terminated pursuant to
sec. 17 . 70 (7) (d) 5, St. Croix County Zoning Ordinance, if the
conditions of the decision are not followed.
3 . Section 17 . 15 (6) (f) , St. Croix County Zoning Ordinance, allows
kennels as a special exception use in an Ag. -Residential
district.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and
the record herein, the Board approves the applicants' request for
a special exception use for a kennel on the following 3-2 vote:
T. Filipiak No
J . Neumann No
N. Golz Yes
A. Jensen Yes
Chairman J. Bradley Yes
with the following conditions:
1 . This decision expires on November 25, 1997 . No construction
may begin or continue after this date unless an extension is
granted in writing by the Board of Adjustment prior to the
expiration date.
2 . There shall be no live ammunition used on the property. A 22
blank pistol may be used.
3 . If shooting becomes a problem with the neighbors, the
applicants must come back before the Richmond Town Board and
the Board of Adjustments.
4 . The applicants must complete this project according to the
plans submitted and the conditions stated herein. Minor
changes in the project must be submitted to and approved in
writing by the Zoning Office before the project starts or
continues. Major changes must be brought back to the Board of
Adjustment for review and approval .
5 . The applicants are responsible for obtaining any other permit
or approval required for the project by municipal, town,
3
The majority of the in-depth field training will be
conducted at Game Unlimited, a local game farm.
Normal operations would begin approximately at 8 a.m. and
end by 5 p.m. , however some evenings may run near 8 p.m.
if a client comes to work with his/her animal .
- Approximately three hours of basic obedience work will
occur each day. This would primarily be done within the
kennel structure and the yard area.
The remaining time would include feeding and grooming the
animals, as well as cleaning the facility.
- One to two litters of puppies will be raised per year to
be sold by the age of seven weeks.
There will be no employees other than a pet sitter when
they are away for weekends or on vacation.
Overly vocal dogs will wear electronic bark inhibitors.
11 . The building is currently insulated and fully cemented. It is
heated and has ventilation fans and water is plumbed into the
building.
12 . The kennels will be 41x5' inside and 41x8 ' outside. They will
be fully constructed with aluminum chain link panels and roofs
will be put on the outside kennels for the dog's protection.
13 . Two-way doors will be installed for the dogs to go back and
forth from inside to outside.
14 . Six inches of pea-sized rock will be used as flooring in the
outside kennels for sanitation and comfort reasons.
15 . Dogs will be provided with rubber mats to lay on outside and
each will have their own stainless steel dishes for water and
food.
16. The smaller 4 'x6' kennels will be used for puppies or for dogs
that come in from other parts of the country for breeding.
17 . Plans also include a large exercise area on the side and back
of the building.
18 . The applicants will construct a cedar fence in front of the
building facing the south road. A cedar fence already exists
on the west side of the building. The remaining area will be
surrounded by a chain link fence.
19 . Fifty percent of applicants' clientele comes from whole United
States and from Germany.
20 . Closest neighbor is Loren and Rose Derrick.
2
- 4A
period or the identity of any person who may claim to be aggrieved
by this decision.
ZONING BOARD OF ADJUSTMENT
Signed
Chairperson
Attest
'r Zoning Administrator
Dated: 12/10/96
Filed: 12/10/96
5
county or state laws, rules or regulations before starting the
project.
6. The applicants must provide written confirmation to the County
Zoning Department that all other permits or approvals have
been received.
7 . The applicants must allow free and unlimited access to the
site during construction and operation at any reasonable time
to any Zoning Department employee to check for compliance with
this decision.
8 . The Board of Adjustment may change or revoke this decision if
the use becomes detrimental to the public interest.
9 . The applicants must keep a copy of this decision at the site
during construction.
10. Tom Nelson, Zoning Administrator, shall be notified prior to
beginning the project. Call him at (715) 386-4680 so that
compliance inspections can be made.
11. The applicants must provide proof of insurance to the Zoning
Department.
12 . The kennel shall be kept in a clean and sanitary condition.
13 . The noise from the kennel will be controlled so as not to be
a nuisance to the adjoining land owners.
14 . Accepting this decision and beginning construction or
operation means that the applicants have read, understand, and
agree to follow all conditions of this decision.
APPEAL RIGHTS
This decision may be appealed by any person aggrieved by filing an
action in certiorari in the circuit court of this County within 30
days after the date of filing shown below. The County assumes no
liability for and makes no warranty as to the legality of any
construction commenced prior to the expiration of this 30-day
4
ST. CROIX COUNTY
WISCONSIN
ZONING OFFICE
I r N I a■r■ ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
_J
ryl� (715) 386-4680
November 25, 1996
Clyde E. and Marilyn Vetter
1302 130th Avenue
New Richmond, Wisconsin 54017
Re: Board of Adjustment Decision
File Ref: 82-96
Dear Mr. and Mrs. Vetter:
The St. Croix County Board of Adjustment has reviewed your
application for a special exception use for a dog kennel and has
approved your application with conditions. The enclosed document
is the formal decision regarding your application.
Should you have any questions or concerns, please do not hesitate
to call .
Sincerely,
Thomas C. Nelson
Zoning Administrator
pe
Enclosure
cc: Walter and Gloriann Maring
Janice Ball , Richmond Town Clerk
0 0
- The majority of the in-depth field training will be
conducted at Game Unlimited, a local game farm.
- Normal operations would begin approximately at 8 a.m. and
end by 5 p.m. , however some evenings may run near 8 p.m.
if a client comes to work with his/her animal.
Approximately three hours of basic obedience work will
occur each day. This would primarily be done within the
kennel structure and the yard area.
The remaining time would include feeding and grooming the
animals, as well as cleaning the facility.
- One to two litters of puppies will be raised per year to
be sold by the age of seven weeks.
- There will be no employees other than a pet sitter when
they are away for weekends or on vacation.
Overly vocal dogs will wear electronic bark inhibitors.
11 . The building is currently insulated and fully cemented. It is
heated and has ventilation fans and water is plumbed into the
building.
12 . The kennels will be 41x5' inside and 41x8' outside. They will
be fully constructed with aluminum chain link panels and roofs
will be put on the outside kennels for the dog's protection.
13 . Two-way doors will be installed for the dogs to go back and
forth from inside to outside.
14 . Six inches of pea-sized rock will be used as flooring in the
outside kennels for sanitation and comfort reasons.
15. Dogs will be provided with rubber mats to lay on outside and
each will have their own stainless steel dishes for water and
food.
16. The smaller 41x6' kennels will be used for puppies or for dogs
that come in from other parts of the country for breeding.
17 . Plans also include a large exercise area on the side and back
of the building.
18 . The applicants will construct a cedar fence in front of the
building facing the south road. A cedar fence already exists
on the west side of the building. The remaining area will be
surrounded by a chain link fence.
19 . Fifty percent of applicants' clientele comes from whole United
States and from Germany.
20. Closest neighbor is Loren and Rose Derrick.
2
0 9
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY WISCONSIN
Case: 82-96
Complete Application Received: September 26, 1996
Hearing Notice Publication: Weeks of 10/7/96 and 10/14/96
Hearing Date: October 24 , 1996
FINDINGS OF FACT
Having heard all the testimony, considered the entire record
herein, and conducted an on-site inspection, the Board finds the
following facts:
1. The applicants are Clyde E. and Marilyn Vetter whose address
at the time of submitting their application was 6126 Kilkenny
Drive, Crystal Lake, IL 60014-4728.
2 . The applicants on September 26, 1996 filed with the Zoning
Office an application for a special exception use for a dog
kennel .
3 . Walter and Gloriann Maring are the owners of the property
which is the subject of the application which is located in
the SW, of the SW, of Section 26, T30N, R18W, Town of
Richmond, St. Croix County, Wisconsin.
4 . The subject property is presently used as a single family
residence.
5. The property is zoned Ag. -Residential under the current
St. Croix County Zoning Ordinance.
6. The property consists of 6. 39 acres.
7 . The Town of Richmond supports the application with the
following conditions: no live ammunition, and if shooting
becomes a problem with the neighbors, it should come back
before the Richmond Town Board.
8 . The applicants are purchasing the property from the Mr. and
Mrs. Maring and have a closing scheduled for December 2 , 1996.
9 . The request is for 16 kennels.
10. The specifics of the small gun dog training kennel include:
- The facility will contain approximately 12-13 dogs at any
given time, which would include their own personal dogs.
Dogs are boarded long-term, anywhere from 1-4 months.
This will not be a simple boarding kennel , rather a
training operation.
0 •
6. The applicants are responsible for obtaining any other permit
or approval required for the project by municipal, town,
county or state laws, rules or regulations before starting the
project.
7 . The applicants must provide written confirmation to the County
Zoning Department that all other permits or approvals have
been received.
8 . The applicants must allow free and unlimited access to the
site during construction and operation at any reasonable time
to any Zoning Department employee to check for compliance with
this decision.
9 . The Board of Adjustment may change or revoke this decision if
the use becomes detrimental to the public interest.
10. The applicants must keep a copy of this decision at the site
during construction.
11. Tom Nelson, Zoning Administrator, shall be notified prior to
beginning the project. Call him at (715) 386-4680 so that
compliance inspections can be made.
12 . The applicants must provide proof of insurance to the Zoning
Department.
13 . The kennel shall be kept in a clean and sanitary condition.
14 . The noise from the kennel will be controlled so as not to be
a nuisance to the adjoining land owners.
15. Accepting this decision and beginning construction or
operation means that the applicants have read, understand, and
agree to follow all conditions of this decision.
APPEAL RIGHTS
This decision may be appealed by any person aggrieved by filing an
action in certiorari in the circuit court of this County within 30
days after the date of filing shown below. The County assumes no
liability for and makes no warranty as to the legality of any
construction commenced prior to the expiration of this 30-day
4
CONCLUSIONS OF LAW
The Board concludes that:
1. The Board of Adjustment has authority under sec. 17.70 (5) (c) 4,
St. Croix County Zoning Ordinance, to grant special exception
use permits.
2 . Special exception use permits may be terminated pursuant to
sec. 17.70 (7) (d) 5, St. Croix County Zoning Ordinance, if the
conditions of the decision are not followed.
3 . Section 17 . 15 (6) (f) , St. Croix County Zoning Ordinance, allows
kennels as a special exception use in an Ag. -Residential
district.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and
the record herein, the Board approves the applicants' request for
a special exception use for a kennel on the following 3-2 vote:
T. Filipiak No
J. Neumann No
N. Golz Yes
A. Jensen Yes
Chairman J. Bradley Yes
with the following conditions:
1. This decision expires on November 25, 1997 . No construction
may begin or continue after this date unless an extension is
granted in writing by the Board of Adjustment prior to the
expiration date.
2 . There shall be no live ammunition used on the property. A 22
blank pistol may be used.
3 . No live animals are to be used on the property.
4 . If shooting becomes a problem with the neighbors, the
applicants must come back before the Richmond Town Board and
the Board of Adjustments.
5. The applicants must complete this project according to the
plans submitted and the conditions stated herein. Minor
changes in the project must be submitted to and approved in
writing by the Zoning Office before the project starts or
continues. Major changes must be brought back to the Board of
Adjustment for review and approval .
3
• 0
period or the identity of any person who may claim to be aggrieved
by this decision.
ZONING/BOARD OF ADJUSTMENT
Signed
Chairperson
Attest
Zoning Administrator
Dated: 11/25/96
Filed: 11/25/96
5
Report for Parcel#026-1076-95-300 1 St Croix County, WI Page I of 1
2010 Property Record I St Croix County, WI
Assessed values not finalized until after Board of Review Property information is valid as of 6123110
Years in red have delinquent taxes
NOTICE:All payments received by County Treasurer will be posted the next day.
Property Description Billing Information
Parcel ID: 026-1076-95-300 Name / Attn.: CLYDE E& MARILYN VETTER
Map ID: 26.30.18.402B-10 Address: 1302 130TH AVE
Municipality: TOWN OF RICHMOND City,State,Zip: NEW RICHMOND, WI 54017
Public Land Survey: SECTION 26 30N 18W Ownership
Quarter: Primary Owner: CLYDE E&MARILYN VETTER
QQ / Tract: Secondary Owner: NO SECONDARY OWNERS LISTED
Plat: NOT AVAILABLE
Description: SEC 26 T30N R18W PT SW SW BEING LOT 1 Deed Information
OF CSM 9/2673 ALSO A PARCEL DESC AS
COM SW COR SEC 26; TH N 00 DEG ALG W Volume Page Document#
LN SW1/4 308'-POB; TH CONT N 00 DEG W 1620 589 643127
476.09'; TH S 89 DEG E 355'; TH S 00 DEG W 1211 181
476.38'TO NE COR CSM; TH N 89 DEG W
355'TO POB EXC PT TO HWY PROJ 1620/589 Other
Property Address: 1302 130TH AVE Fair Market Value $.00
Total Acres: 6.21 ACRES I Assessment Ratio: NOT AVAILABLE FOR 2010
Assessed Value Net Assess.Val. Rate: NOT AVAILABLE FOR 2010
Valuation Date: 04/12/2010 School Districts: 3962 - NEW RICHMOND
Assessment Acres Land Improved Total
Type Value Value Value Tax Detail
G1-Residential 6.21 67,400 192,400 259,800 Net Tax Before Lottery, First Dollar Credits .00
Totals--> 6.21 67,400 192,400 259,800 1 Lottery Credit (-) .00
Installments First Dollar Credit .00
Please pay your 1st installment or full payment to Municipal Net Tax After .00
Treasurer, 2nd installment to the County Treasurer.
Period Due Date Amount Amt. Due Amt. Paid Balance
Net Property Tax .00 .00 .00
Total Taxes .001 Special Assessments .00 .00 .00
Tax Payment History Special Charges .00 .00 .00
Date Receipt Number Amount Delinquent Charges .00 .00 .00
Private Forest Crop .00 .00 .00
Specials Woodland Tax Law .00 .00 .00
Category Amount Managed Forest Land .00 .00 .00
Penalties .00 .00
Interest .00 .00
Total .00 .00 .00 1
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weighing 1.68 lbs. per 2131 Hwy. 35 'ROVED
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linear foot ?''°� i "
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S I
BOA fil 1 88-40 Timber Lane Estates dog boarding, Dennis Koneman & Sandra Kadinger,
Town o Rush River. Special exception request to allow dog boarding in addition to existing
horse b ding stable. Board voted on 8/25/88 to postpone hearing until September 1988,
but the o s did not come back before the Board for a decision.
BOA file German Shorthair Kennel, Phillip Ogburn, Town of Warren. Special
exception est to breed and train German Shorthair dogs. Proposed to use an existing
pole shed than 700' to residential lot line and neighboring property owner opposed the
request. S ` ial exception was denied by reason that it would be "less than 700' from an
existing resi nce".
Count Ordin ce amendment effective 5/19/92 Special exception in Ag Res Section
17.15(6)(f) , d: "Kennels, which shall not be located less than 700 feet from any lot line
shared ' i property upon which a dwelling may be located." (Note the specific change in
wordi egarding distance from shared property lines.)
estions for Board's consideration: Does the use of the wording "property upon which a
welling may be located' refer to both existing and future dwellings on buildable land
djacent to a kennel? What about parcels whose lot lines are separated by roads between
rcels? Does that negate the 700' setback since those properties technically do not have a
ed lot line"?
BOA fi 34-92 English Springer S aniels breeding & training, Thomas Meyer, Town of St.
Joseph. pplication dated 5/12/92, with hearing date 6/25/92. Kennel would not be for
boardin r offer professional training services. Proposed maximum eight dogs, but dog runs
were < 0' to shared property lines. Obtained support letter from local veterinarian and town
suppo with no opposition by neighbors. Approved with condition for a maximum 8 dogs at
any o ` ime.
BOA fi "` 1-94 Richard E. Lee dog kennel, Town of St. Joseph. Lee had —14 dogs from
animal Iters for rehab and adoption. Exceeded animal units in Ag Res district, did not
meet 70 quirement from another residence. Town did not support the kennel request
since Leek ;s not buying/selling dogs as a business, but noted that no neighbors had
complaine out his housing the animals. Kennel request denied due to <700' to shared lot
lines.
BOA file #3 94 Brian & Diane Jeopesen personal kennel, Town of St. Joseph. Jeppesens
wanted to Orchase 10 acres to raise English Setters, proposing to have 8 — 10 adult dogs
which refired a town kennel license. Town recommended denial due to proposed land
divisi�"Quid create a lot sized 350' x 1400' that could not meet 700' from property lines, no
certifi survey map yet, and kennels not right size per state code. Board voted to deny
requedue to the Town of St. Joseph not supporting the request.
ST.CRo1X COUNTY GOVERNMENT CENTER
1 101 CARMICHAEL ROAD,HuDsoN, Wi 54016 715-3864686 FA
PZ @CO SAINT-CR_O_IX.WI US WWW.CO SAINT-CROIX.W.U•
ST CROIX COUNTY
@ 0- 4,k
PLANNIN
MEMO
DATE: January 8, 2010
To: Board of Adjustment Members
FROM: Pam Quinn, Zoning Staff
Code Administrate RE: Nordby Kennel Reconsideration
715-386-4680
While preparing the staff report for the Nordby's reconsideration hearing,
Land Information & felt compelled to research archived zoning files to determine how many
Planning
715-386-4674 other special exception requests for kennel and/or dog training businesses
have been brought before Boards of Adjustment. Although actions by the
Real Prop Board do not set a binding precedent per Article VII of the By-Laws, it may
715-3 677 be helpful to review the background of requests and reasons for past BOA
Re cling decisions. The following is a summary of my findings for your review:
-386-4675
County Ordinance dated November 1974 & October 1986 Special
exception in Ag Res District pursuant to Section 2.5.6(f) & 17.15(6)(f) read:
"Kennels, when located less than 700 feet from any lot line shared with
premises devoted to residential use, other than that of the owner of such
kennels, his agent, or employee." (Wording was not altered until
amendment in 1992)
BOA file #84-10 Tom Kasinskas kennel, Town of Hammond. Proposed
breeding and selling Cocker Spaniels. Special exception approved on 8-
acre CSM lot with condition to confine dogs to fenced runs. No variance
request was needed for<700' to lot lines shared with an existing dwelling
due to wording of ordinance.
BOA file #43-85 Free Spirit kennel, Don Boumeester, Town of St. Joseph.
Kennel for boarding dogs proposed on 33 acres (just south of Lockness
Lounge). Board denied request due to petition of opposition & prohibition of
holding tank for new construction. Kennel would have been located <700'
`y to shared lot lines.
BOA file #86-9 Lazy J Ranch doclgroominq, Peggy Thomas, Town of St.
jall Joseph. An after-the-fact dog kennel expansion and sale of pet supplies on
a 20 acre parcel. 4 neighbors provided written support for request, so
Board approved special exception. Kennel located <700 to shared
property lines did not require a variance.
ST.CRO/X COUNTY GOVERNMENT CENTER
1 101 CARMICHAEL ROAD, HUDSON, W1 54016 7153864686 FA
PZ @CO.SAINT-CROIX.WI.US WWW.CO.SAINT-CROIX.WI.U!
�cv.9c,. ,...' ra,.. uaxt,e-., was:,rz,. ,�z' xmazsrxsr-.. u �r
distance om proposed kennel. An appraiser objected and stated�`ano erCenne was
nearby section 2). Board denied the request based on findings of fact and testimony.
BOA #1L97 Canine Sports & Training - Dick & Ruth VanKeuren, Town of Troy. Request for
limited co rcial recreational activity for dog training, rather than a kennel due to no
boarding f on the site. BOA#2-00 allowed expansion of dog training services and a
variance f ilding size (3780 sf instead of 1000 sf allowed).
BOA #19- ueensland International kennel nka Britishlabradors.com - Dennis Anderson,
Town of St.` seph. Special exception request for after-the-fact kennel operating since 1987,
but no varia a request even though <500' to shared lot lines and nearest dwelling.
Neighbors si ed a form stating they had no objection to its continued operation. Special
exception ap ved for continued operation as kennel and breeder of British Labrador
Retrievers
P. conditions for no more than 10 dogs and no employees.
50-97 nnis & Doreen Germain personal kennel, Town of Somerset. Germains owned 6
hu g dogs with 4 kennels and 6 dog houses and had no plans to board other dogs or to
and. Kennels were <700' to any property line, but submitted written support from
eighbors and Town's meeting minutes with recommendation for approval. Request
pproved with conditions for no employees, maximum 7 dogs at one time, bark collars if
ise nuisance and facility to be kept in neat and orderly fashion.
BO -97 Ten Mile Creek Kennel - Greg Ye, Town of Richmond. Special exception
reques 'th <700' to shared lot line and <500' to nearest dwelling. Nearest neighbor agreed
to suppo the kennel if approved only for Ye's operation and town supported request. No
varianc quest was made. The Board made a finding that the application conformed to
require nts in 17.15(6)(f) and approved with conditions for no more than 20 dogs at one
time, ding kennel 350' from neighbor's house, and issued to owner rather than running
with th roperty.
BOA fi'' `' 42-98 Rush River Kennels, John Monicken, Bruce & John Mooney, Town of Rush
River. posed to purchase 39 acres zoned Agricultural (Section 17.14(6)) to establish a
kennel to deed, board, train and sell hunting dogs. Town supported request, but surrounding
land owne i ere opposed. Applicants did not attend the hearings and subsequently Board
denied req .
BOA#SEO Tennessen kennel — Bonnie Tennessen, Town of Glenwood. After the fact
special ex*tion and variance requests on 48-acre parcel. Kennel buildings did not meet lot
line setbacks, but are >700' to nearest dwelling on adjacent properties and future
develop t is buffered by a steep slope and creek floodplain. The hardship presented in
staff r , was that unique physical characteristics of the property would otherwise prohibit
the alicant from using the property for a permitted purpose. The after-the-fact special
excep . 6n and variance requests were approved with conditions.
ST.CRo1X COUNTY GOVERNMENT CENTER
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BOA fil 56-95 Jer Sittlow gersonal kennel Town of Somerset. Sittlow had 5 dogs in a
kennel at could house up to 8. The kennel was attached to his garage, which was 482'
from a house across the street. Zoning Administrator"stated that a special exception for
a kennel r ' ires a distance of 700 feet from any lot line shared with property upon which a
dwelling i ted." Town supported the kennel application. The Board approved the
special e n with conditions that included a maximum 8 dogs, keep in clean and
sanitary c on, and noise from kennel to be controlled so as not to be a nuisance to
adjoining I owners.
BOA #1-96 tter Tail Kennel -Steven & Jody Smith, Town of Glenwood. 80 acres, >700' to
nearest hou but < 700' to lot line shared with property with existing dwelling. The kennel is
currently oper ting ; a court recorder documented the 2/22/96 hearing, but the Board's
decision a n inutes are missing to document the kennel was approved. No variance
request 's made for the lot line setback.
B 61-96 Good Go Ing Sporting Dog Center- Errol Gooding, Town of Hammond. 38 acre
e farm/dog training facility was approved as a licensed Game farm and sporting club (no
eparate kennel approval) with conditions for shooting range. No need for variance due to
700' to shared lot lines.
#63-96 Malle 's Sunshine Kennel - Susan Scherber, Town of Richmond. Proposed
ken n 5-acre CSM lot with testimony that the barn (housing the kennels)"to the property
line in direction would be 700 feet". The hearing minutes document a statement by
Zoning inistrator that "a special exception for a kennel requires a distance of 700 feet
from an t line shared with property upon which a dwelling is located." The kennel actually
is <70 o shared lot lines where houses have subsequently been built. No variance request
was m e, apparently based on the lack of existing dwellings on adjacent property at the
time o e request. Board approved request with conditions including controlling noise from
the ke I so as not to be a nuisance to adjacent land owners.
BOA# 6 Sharp Shooter dog training kennel - Clyde Vetter, Town of Richmond. Kennel
for 16 do on 6 acre CSM lot with <700' to lot lines shared with properties where houses
had not ye een built. Special exception only, with reference to closest neighbor as Loren &
Rose Derri ,.whose property was across Hwy 65. Locations of other existing dwellings or
distances t ared lot lines were not included in findings of fact. No variance request was
made; Boa ,F pproved request with conditions including controlling noise from the kennel so
as not to b nuisance to adjacent land owners.
BOA file 1-96 Karen's K9 Kennels, Karen Lindstrom, Town of Hammond. 35 acre parcel
in Se "3 intended to house 24 kennels with dogs to be exercised on leash. Kennel would
be 40 ' to property line, planned on breeding retrievers and German Shepherds. Town
Board`" nied support due to strong opposition of residents. Testimony from neighbors
buildings house across the road 1700' from proposed kennel objected to request.
'
Neighbong land owner objected though no house yet built on property and -1/4 mile
ST.CROIX COUNTY GOVERNMENT CENTER 3
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BOA #S ANmal�uv Inn — Johnson/Leverty, Town of St.�osep .`� pecia exception'
request r pet boarding business on a Commercially-zoned property. Board approved with
conditi s, no variance was necessary.
BOA #SE U Purr-fect Dog Training — Kat Nordby, Town of Emerald. 12-acre CSM lot in
Ag Res di can't meet 700' distance from shared lot lines. A special exception for a
kennel an ance from the setback were requested and subsequently denied. The
hardship nted in staff report was that unique physical characteristics of the property
would othe se prohibit the applicant from using the property for a permitted purpose. The
Nordby site",'''s similar limitations for distances to shared lot lines as special exceptions that
have been a roved for Otter Tail, Malley's Sunshine, Sharp Shooter, Queensland/British
Labradors, Mile Creek, and Tennessen kennels.
This summ ,rf includes all the kennel requests found in the archive files after extensive
review o OA hearing minutes & agendas from 1980 through 2009.
Article VII of the Board of Adjustment Rules and By-laws Section 7 Cases to be Determined
Individually states "No action of the Board shall set a binding precedent. Each case shall be
decided upon its merits and upon the attendant circumstances, provided the Board shall not
act arbitrarily or capriciously."
• Twenty-one (21) special exception requests for kennels were for properties zoned Ag
Residential, with one exception being on a Commercial-zoned parcel. Only one (1)
kennel request has been made in the Town of Emerald.
• Until 2007, no variance requests were made to address kennels that did not meet the
May 1992 ordinance requirement for"not less than 700' distance from lot lines shared
with properties on which a dwelling may be located"; only special exception requests
were submitted for Board consideration, thus no determinations of hardship were
made.
• After the May 1992 ordinance amendment, nine (9) requests were approved for parcels
where the applicants could not meet the 700' distance to shared lot lines with existing
dwellings; two (2) more were approved that did not have existing dwellings on adjacent
parcels, but were <700' to lot lines shared with properties that have since been
developed for residential dwellings.
Four(4) kennel requests received "after-the-fact" special exception approvals for
existing operations that were unable to meet the 700' property line setback.
Seven (7) kennel requests were denied. It appears that lack of Town support and/or
trong objections by adjacent land owner(s)factored heavily in decisions to deny
r ' proval for kennel special exceptions. Alternatively, fourteen (14) requests that
T, eceived support from their Town and from adjacent landowners were approved.
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