HomeMy WebLinkAbout026-1294-39-000 (2) SIP CROIX COUN-1
PLANNING &. ZONING
June 30, 2008 File Ref: SE0173
Jeffrey J. Egan
1138 132"d Ave.
`nlw New Richmond, WI 54017
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Re: St. Croix County Special Exception and 2 variances-Major Home Occupation
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Parcel#: 28.30.18.1521, Town of Richmond
Code Administrate
715-386-4680 t` ::. Dear Mr. Egan:
Land Information&`" The St. Croix County Board of Adjustment (Board) has reviewed your requests for the
Planning
715-386-4674 « following items:
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Real P 'iry item #1: Special exception permit for a major home occupation in the Ag-Residential
715 -4677 District pursuant to Sections 17.15(6)(r) and 17.155(6) of the St. Croix County Zoning
R I * Ordinance.
-386-4675 Item #2: Variance to use an area greater than 1,000 square feet in an accessory structure for
a major home occupation pursuant to Section 17.155(6)(d)4 of the St. Croix County Zoning
Ordinance.
... item #-3: Variance for a major home occupation to be located less than 500 feet from a
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preexisting neighboring residence pursuant to Section 17.155 (6) (d) (2) of the St. Croix
County g Zonin Ordinance.
After the hearing on June 26, 2008, the Board approved request#1 and request #3. The Board
denied request#2. The enclosed document is the formal decision regarding the application.
You must obtain any other required local, state, and federal permits and approvals. Feel free to
contact me with any questions or concerns.
v Sincerely,
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Alex Blackburn
Land Use Specialist/Zoning Administrator
Enclosures: Formal Decision
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cc: Clerk, Town of Richmond
ST.CROIX COUNTY GovERNMENT CENTER
110 1 CARM/CHAEL ROAD,HUDSON, W/ 54016 7153864686 FAX
PZVCO.SAINT-CRO1X.WI.US WWW.CO.SAINT-CROIX.WI.US
appearance of the property as residential and in a neat and orderly manner, this request will
not be substantially adverse to property values in the neighborhood.
4. This request would not constitute a nuisance by reason of noise, dust, smoke, or other similar
factors due to the fact that the shop is insulated for sound, has a dust collection system and
a varnish room with exhaust system and three filters that are cleaned regularly.
5. This request meets all the standards under Section 17.155(6) Major Home Occupations except
for 17.155(6) (d) 2. that states, "Major home occupations may not be located within 500
feet of any pre-existing residence" and 17.155 (6) (d)4. that states, "Where an accessory
structure is used, the total floor area dedicated to the home occupation, including any area
used in the dwelling, shall be limited to one thousand square feet" The applicant has
applied for variances to these two provisions.
Item #2 (Variance to the 1000 square foot maximum allowed in an accessory str»cture)
The Board makes the following Findings of Fact and Conclusions of Law pertinent to the applicant's variance
request to use an area greater then 1000 square feet in an accessory residence.(Item#2):
6. The applicants filed and application with the Board of Adjustment for a variance to 1000
square foot maximum allowed in an accessory structure. Pursuant to section 17.155 (6) (d) 4.
The applicant wants to use 1440 square feet for the shop and an additional 160 square feet for
the varnishing room for a total of 1600 square feet.
7. The primary purpose of square footage provisions is to limit the size of home occupations in
order to make them consistent with residential use. An operation that exceeds the 1000
square foot limit would be better located in a commercial district.
8. Literal enforcement of the Ordinance would not result in a hardship associated with this
request since the applicant could operate this business within the recommended 1000 square
foot limit.
Item #3 (Variance to the_500 foot, a ing re sir .m n )
The Board makes the following Findings of Fact and Conclusions of Law pertinent to the applicant's variance
request to locate a major home occupation less than 500 feet from a pre-existing residence.(Item#3)
9. The applicants filed an application with the Board of Adjustment for a variance to the
requirement that major home occupation must not be located within 500 feet of an existing
residence. Pursuant to section 17.155 (6) (d) 2. The accessory structure that is proposed to
contain the major home occupation is approximately 460 feet from the residence to the north.
10. The primary purpose of this spacing requirement is to protect pre-existing neighboring
residences from potentially conflicting uses. The proposed woodworking shop is insulated,
has a dust collection system and a varnish room with an explosion proof fan and three filters
that are cleaned regularly. With these measures in place the current 460 feet of spacing would
be sufficient to protect the neighboring property to the north from dust, noise and odors.
11. Literal enforcement of the Ordinance would result in a hardship. Section 17.155 (6) (d) 2
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FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST.CROIX COUNTY,WISCONSIN
File: SE0173
Applicants: Jeffrey Egan,property owner
Parcel ID#: 28.30.18.1521
Complete Application Received: May 5, 2008
Hearing Notice Publication: Weeks of June 8 and 15, 2008
Hearing Date: June 26, 2008
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 all three requests(Items#1, #2 and#3):
1. The applicant is Jeffrey Egan,property owner.
2. The site is located at the NE t/4 of the SW '/4, and SE '/4 of the SW '/4, Section 28, T30N, R18W,Town of
Richmond, St. Croix County, Wisconsin.
3. The Town of Richmond Town Board recommended approval of Item#1.
Item #1 (Special exception for a Major Home Occupatioo
The Board makes the following Findings of Fact and Conclusions of Law pertinent to the applicant's special
exception request for a major home occupation(Item#1):
1. The applicant filed an application with the Board of Adjustment for a special exception permit
for a major home occupation to operate a woodworking shop pursuant to Sections 17.155(6)
and 17.15(6)(r) of the St. Croix County Zoning Ordinance. Specifically the applicant requests
to operate a woodworking shop to manufacture fireplace mantels out of a 36 by 60 foot
accessory building in the Ag. Residential district in the Town of Richmond. The proposed
shop will occupy 1600 square feet of the 2160 square foot building. The applicant will live in
the residence that is located on the same lot.
2. This request does not violate the spirit or general intent of the St. Croix County Zoning
Ordinance in that major home occupations may be allowed in the Ag Residential District
with a special exception permit. Granting this request will allow for the existence of a
small, locally owned and operated business. The applicants will reside on the lot and the
primary use and appearance of the lot will remain residential. The location of the shop in
the accessory structure will not detract from the residential appearance of the property. The
applicant has painted the accessory structure to match the house and they fit well into the
rural landscape.
3. Granting this request will not be contrary to the health, safety or general welfare of the public,
since the flammable liquids are stored in metal lockers, the varnish room has an explosion
proof fan with three filters that are cleaned regularly and the varnish room waste is brought
into a recycling center. This building also has a security system. This shop will not
adversely affect property values in the neighborhood. There is no retail with customers
driving to and from the site and there would be minimal traffic and adequate parking with
only two employees. With conditions that the applicant continue to maintain the primary
materials or equipment shall be stored outside or be allowed to accumulate on the property.
9. All lighting associated with the business shall be illuminated downward and shielded away
from neighboring properties to avoid glare.
10. A land use permit is required for any signs associated with a major home occupation. Pursuant
to Subchapter 6, Section 17.65 (D) (2) (h) of the Saint Croix County Zoning Ordinance.
11. The applicant shall be responsible for contacting the Zoning Administrator to review this
special exception permit in two years from the approval date for compliance (June 2010).
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.
12. Any minor change or addition to the major home occupation, including but not limited to a
change in use or the addition of services or staff, shall require 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.
13. Accepting this decision means that the applicant and all property owners have read, understand,
and agree to all conditions of this decision.
The following vote was taken to approve: Chairman Malick, yes; McAllister, yes; Nelson, yes;
Hurtgen, yes; Peterson, 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: g'Ck A;, 6
Clarence W. Malick,Ch irperson
Date Filed: 06/30/08
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requires that major home occupations not be located within 500 feet of any pre-existing
neighboring residence. The spacing requirement does not take into account future
neighboring residences. In this case the applicant has space on his property to meet the
spacing requirement to the pre-existing neighboring residence to the north; however, moving
the shop to meet the requirement would place it closer to the lot line to the south and
potentially closer to the lot lines to the east or west. These lots are currently undeveloped but
future residences on the neighboring lots would be even closer than to the residence to the
north. Due to these physical characteristics moving the shop to meet the requirement would
be unnecessarily burdensome and could be potentially worse for future neighboring
residences.
12. The amount of relief would be approximately 10 percent of the required setback and minimal
in nature.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board
approved request#1 and#3. The Board denied request#2, with the following conditions:
1. The special exception permit allows the applicant, Jeff Egan, to operate a woodworking shop
out of an accessory building as indicated on the application submitted on May 5, 2008, and as
provided in the conditions below. Approval for this special exception permit does not include
any additional accessory structures, services, activities or operations not indicated as part of the
plans.
2. This special exception permit shall be temporary in nature and shall be granted only to Jeff
Egan located on lot 39 of the Plat of Richmond Acres. It shall not be transferable from person
to person or address to address.
3. The woodworking shop shall only occupy 1000 square feet of the accessory building. Within
30 days of this approval, the applicant shall reduce the square footage to the required 1000 feet
and schedule a site visit for staff to verify.
4. Prior to commencing operation of the major home occupation at this location, the applicant
shall obtain any other required local, state, or federal permits and approvals.
5. Hours of operation will not extend beyond 4:00 pm to 7:00 pm Monday through Friday and 7:00
am to Noon on Saturday.
6. The applicant shall have no more than two employees in addition to himself.
7. Varnish room filters shall contain charcoal or some other media to filter out varnish odors.
And shall be maintained in accordance with manufacturers recommendation.
8. The applicant shall be responsible for keeping the property in a neat and orderly manner. No
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