HomeMy WebLinkAbout026-1078-20-000 (2) ST. CROIX COUNTY
��.. � WISCONSIN
ZONING OFFICE
ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680
October 8, 1996
Steven and Susan Scherber
1374 Hwy 65
New Richmond, Wisconsin 54017
Re: Board of Adjustment Decision
File Ref: 63-96
Dear Mr. and Mrs. Scherber:
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: Janice Ball , Richmond Town Clerk
I
M
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 63-96
Complete Application Received: July 23 , 1996
Hearing Notice Publication: Weeks of 8/5/96 and, 8/12/96
Hearing Date: August 22 , 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 Steven and Susan Scherber whose address is
1374 Hwy 65, New Richmond, Wisconsin 54017 .
2 . The applicants on July 23 , 1996 filed with the Zoning Office
an application for a special exception use for a dog kennel.
3 . The applicants are the owners of the property which is the
subject of the application which is located in Part of the NE,
of the NE, and Part of the SE', of the NE, of Section 27, T30N,
R18W, Town of Richmond, St. Croix County, Wisconsin.
4 . The subject property is presently used as a residence of the
applicants.
5. The property is zoned Ag. -Residential under the current
St. Croix County Zoning Ordinance.
6. The Town of Richmond supports the application.
7 . Zoning Administrator, Tom Nelson indicated this is a special
exception request for a dog kennel . He stated that a special
exception for a kennel requires a distance of 700 feet from
any lot line shared with property upon which a dwelling is
located.
8 . Introduced as Exhibit 1 was an outline of the proposed
activities for Sunshine Animal Care Center. Stated activities
are 24-hour around the clock supervision; heated/air
conditioned private living quarters with large play areas;
generic and specialized care available; pet supplies; fire and
smoke detection; sprinkler fire protection; pet "limo" service
available; all breeds grooming and training center; self wash
dog bathing facility. Includes statement they will be
modernizing and remodeling the existing buildings on their
property to create a 36 dog run facility.
9 . Introduced as Exhibit 2 was a site plan of the property.
10. Introduced as Exhibit 3 was a floor plan of the proposed
kennel .
11 . Introduced as Exhibit 4 was a CSM recorded with the register
of deeds, dated June 26, 1996.
12 . Introduced as Exhibit 5 was a series of six photographs
showing the current building and property.
13 . Introduced as Exhibit 6 was correspondence dated July 11, 1996
from the Town of Richmond supporting the application for a 36
dog kennel .
14 . Introduced as Exhibit 7 was correspondence dated August 21,
1995 (sic) from Dr. Brian J. Keller, Countryside Veterinary
Clinic stating his support of the kennel .
15. Introduced as Exhibit 8 was correspondence dated August 19,
1996 from Marcy Armstrong, DVM, Armstrong Veterinary Service,
stating a need for another animal boarding kennel in the New
Richmond area.
16. Susan Scherber testified that they are golden retriever
breeders and have been breeding and selling dogs for the last
7-8 years. They are members of the Golden Retriever
Association of the Greater Twin Cities.
17 . Steven Scherber testified that the barn to the property line
in any direction would be 700 feet.
18 . Susan Scherber testified their plans are to have the kennel
totally enclosed. There will be no outside runs because they
want to control the temperatures and control the pets and
noise.
19. Steven Scherber testified they will have outside exercise
areas.
20. Susan Scherber testified they are hiring licensed dog trainers
for obedience training.
21 . Steven Scherber testified there will be 35 kennels.
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
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 applicant's request for
a special exception use for a kennel on the following vote:
Chairman J. Bradley Yes
T. Filipiak No
J. Neumann No
N. Golz Yes
A. Jensen Yes
with the following conditions:
1 . This decision expires on October 8 , 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 . 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 . 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.
4 . The applicants must provide written confirmation to the County
Zoning Department that all other permits or approvals have
been received.
5. 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.
6. The Board of Adjustment may change or revoke this decision if
the use becomes detrimental to the public interest.
3
7 . The applicants must keep a copy of this decision at the site
during construction.
8 . 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.
9 . The applicants must provide proof of insurance to the Zoning
ng
Department.
10. The kennel shall be kept in a clean and sanitary 'condition.
11. The noise from the kennel will be controlled so as not to be
a nuisance to the adjoining land owners.
12 . 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
period or the identity of any person who may claim to be aggrieved
by this decision.
ZONING BOARD OF ADJUSTMENT
Signed
Chairperson
At
Zoning Administrator
Dated: 10/8/96
Filed: 10/8/96
4
Parcel #: 026-1078-20-000 12/03/2009 10:19 AM
PAGE 1 OF 1
Alt. Parcel#: 27.30.18.408B 026-TOWN OF RICHMOND
Current X
ST. CROIX COUNTY WISCONSIN
Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units
00 0
Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner
O-O'SHAUGHNESSY, COLLEEN
COLLEEN O'SHAUGHNESSY C-O'SHAUGHNESSY, KATHLEEN
KATHLEEN O'SHAUGHNESSY
1374 HWY 65
NEW RICHMOND WI 54017
Districts: SC = School SP = Special Property Address(es): '=Primary
Type Dist# Description ` 1374 HWY 65
SC 3962 NEW RICHMOND
SP 8020 UPPER WILLOW REHAB DIST
SP 1700 WITC
Legal Description: Acres: 5.240 Plat: N/A-NOT AVAILABLE
SEC 27 T30N R18W PT NE NE&SE NE BEING Block/Condo Bldg:
LT 1 CSM 11/3116 5.24AC
Tract(s): (Sec-Twn-Rng 401/4 1601/4)
27-30N-18W
Notes: Parcel History:
Date Doc# Vol/Page Type
08/31/2004 773015 2646/410 WD
07/23/1997 1187/598 WD
07/23/1997 694/441
07/23/1997 413/540
2009 SUMMARY Bill#: Fair Market Value: Assessed with:
0
Valuations: Last Changed: 09/09/2008
Description Class Acres Land Improve Total State Reason
RESIDENTIAL G1 5.240 65,500 212,900 278,400 NO
Totals for 2009:
General Property 5.240 65,500 212,900 278,400
Woodland 0.000 0 0
Totals for 2008:
General Property 5.240 65,500 212,900 278,400
Woodland 0.000 0 0
Lottery Credit: Claim Count: 1 Certification Date: Batch#: 140
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
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Law Offices
715 246-3422
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126 South Knowles Avenue
♦ Personal Injury ♦Trials
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♦ Insurance Claims ♦ Divorces
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* ter£ I James T. Remington* &Judith A. Remington
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FILLED
Z JUN 2 6 1996
KATHLEEN H.WALSH
Sep ao I 3��oZ Re�lstor of Deeds
545920 CERTIFIED SURVEY MAP � St Croix co,W1
ti o
Located in Part of the Northeast Quarter of the Northeast Quarter and part of the Southeast Quor
of the Northeast Quarter, all in Section 27, Township 30 North, Range 18 West, Town of Richmond,
St. Croix County, Wisconsin
N 89'28'32" E 2657.82' NORTHEAST CORNER
` ---N1/4 CORNER SEC. 27, �� SEC. 27, T. 30N,
T. 30N, R. 18W NORTH LINE OF SECTION 27 \`t \\� Rfrom ties)
(Set 1" iron pipe from ties) ( )
Prepared for and at the request of: P—AR EA• — 1�I�` =m I lI jI iN�• _�d
w v
�
OWNER , t 0I I
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t ti�
p,Richard:& Judith Ferguson N
1381 Highway 65 UNPLATTED_LANDS O DOUGLAS F w D/
New Richmond, WI 54017 ZAHLER
Drafted by. Kristi A. Eylandt S-2145
N 89'38'12" E 413.00' HUDSON
S
,
333.00' - 80.00' Wis.
Z0 LLJ
SURL O T
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---- 348.00' -- — ,65.00'- �� (� i ST. CROIX COUNTY
-- S 89'38'12" W 413.00" _ —' '� C.*omprehenslvePtww*
Zordng sand
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UNPLATTED LANDS arks Comrfittee�
If not recorAed
BEARINGS ARE REFERENCED TO THE NORTH LINE OF THE within 30 daps of
NE 1/4 OF SECTION 27 TOWNSHIP 30 N., RANGE 18.W. EAST LINE OF ° I approvoltaato
WHICH IS ASSUMED TO BEAR N 89'28'32"E SECTION 27 T a a vaal Meal te
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Leaend: I i rx $ void
EAST 1/4 CORNER
County Section Corner Monument SEC. 27, T. 30N, R.18W //
of Record �.'
(found PK nail) N TH
• Set 1" x 24° Iron Pipe weighing
a minimum of 1.13 pounds per
linear foot.
.Y EX H I B T 4 tqo sqo
JOB # 96034 i
GRAPHIC SCALE
A & E LAND SURVEYING 0 �2 • �i Scele in Feet: t Inch = t0o reef
PHONE # (715) 246-4319
P.O. BOX 325 1 NOTE: The parcel shown on this map is subject to State, County and Township
109 EAST 3RD STREET laws, rules and regulations ( i.e. wetlands, minimum lot size, access to parcel,
NEW RICHMOND, WI 54017 etc.). Before purchasing or developing any parcel, contact the St. Croix County
Zoning Office and the appropriate Town Board for advice.
VOLUME 11 PAGE 3116 rr�;
BOA fil 88-40 Timber Lane Estates dog boarding
Dennis Koneman & Sandra Kadinger,
Town of 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 ' 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 maybe 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 S rin er Spaniels 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 an town
p p y pp d to
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 doci 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 Lee 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.
y
BOA file# X94 Brian & Diane Jeppesen personal kennel, Town of St. Joseph. Jeppesens
wanted to purchase 10 acres to raise English Setters, proposing to have 8 — 10 adult dogs
l_/"
which re ` 'red a town kennel license. Town recommended denial due to proposed land j
divisi uld 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
reque due to the Town of St. Joseph not supporting the request.
ST.CROIX COUNTY GOVERNMENT CENTER 2
1 1 O 1 CARMICHAEL ROAD,HUDSON, WI 54016 715386-4686 FA
PZ @CO.SAINT-CROIX.WI._US WWW.CO.SAINT-CROM.WI.U!
i
3
D nIX COUNTY
1 PLANNING-
k
MEMO
,. DATE: January 8, 2010
To: Board of Adjustment Members
FROM: Pam Quinn, Zoning Staff
Code AdministratA RE: Nordby Kennel Reconsideration
715-386-4680
Land Information While preparing the staff report for the Nordby's reconsideration hearing,
Planning felt compelled to research archived zoning files to determine how many
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 doclgrooming, Peggy Thomas, Town of St.
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.
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distance, om propose ennel. An appraiser objected and state anot er Brine was
nearby ' section 2). Board denied the request based on findings of fact and testimony.
BOA #1 7 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 conditions for no more than 10 dogs and no employees.
50-97 nnis & Doreen Germain personal kennel, Town of Somerset. Germains owned 6
C ogs with 4 kennels and 6 dog houses and had no plans to board other dogs or to
Kennels were <700' to any property line, but submitted written support from
s and Town's meeting minutes with recommendation for approval. Request
with conditions for no employees, maximum 7 dogs at one time, bark collars if
sance and facility to be kept in neat and orderly fashion.
-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 toeed, board, train and sell hunting dogs. Town supported request, but surrounding
land own ere opposed. Applicants did not attend the hearings and subsequently Board
denied req''''" t.
BOA #SEO J Tennessen kennel — Bonnie Tennessen, Town of Glenwood. After the fact
special exception and variance requests on 48-acre parcel. Kennel buildings did not meet lot
line setbapls, 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 a licant from using the property for a permitted purpose. The after-the-fact special
excep" n and variance requests were approved with conditions.
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BOA fil 56-95 Jerry Sittlow personal kennel Town of Somerset. Sittlow had 5 dogs in a
kennel lat 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 an 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
C700' to farm/dog training facility was approved as a licensed Game farm and sporting club (no
rate kennel approval) with conditions for shooting range. No need for variance due to
shared lot lines.
#63-96 Malle 's Sunshine Kennel — Susan Scherber, Town of Richmond. Proposed
ken Ikel acre CSM lot with testimony that the barn (housing the kennels)"to the property
line irection would be 700 feet". The hearing minutes document a statement by
Zoninistrator that "a special exception for a kennel requires a distance of 700 feet
fro line shared with property upon which a dwelling is located." The kennel actually
is < hared lot lines where houses have subsequently been built. No variance request
was apparently based on the lack of existing dwellings on adjacent property at the
timequest. Board approved request with conditions including controlling noise from
the o as not to be a nuisance to adjacent land ow ners.
BO 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 .;I pproved request with conditions including controlling noise from the kennel so
as not to b nuisance to adjacent land owners.
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BOA file 1-96 Karen's K9 Kennels, Karen Lindstrom, Town of Hammond. 35 acre parcel
in Se intended to house 24 kennels with dogs to be exercised on leash. Kennel would
be 400' to property line, planned on breeding retrievers and German Shepherds. Town
Board4enied support due to strong opposition of residents. Testimony from neighbors
building] house across the road 1700' from proposed kennel objected to request.
Neighbing 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 nimafF11Luv Inn — Johnson/Leverty, Town of St. osepi. pecia excep ion
request; r pet boarding business on a Commercially-zoned property. Board approved with
conditi s, no variance was necessary.
BOA#SE6W Purr-fect Doc
i 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 includes all the kennel requests found in the archive files after extensive
review o OA hearing minutes & agendas from 1980 through 2009.
SArticle 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
�e 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
v#rong objections by adjacent land owner(s)factored heavily in decisions to deny
F proval for kennel special exceptions. Alternatively, fourteen (14) requests that
received support from their Town and from adjacent landowners were approved.
A��;.
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