The URL can be used to link to this page

Home My WebLink About030-2108-10-000(3) r, , 9 ST. IX COUNTY _.� WISCONSIN ZONING OFFICE �rrrrrr.�- ST. CROIX COUNTY GOVERNMENT CENTER r _ 1101 Carmichael Road ` Hudson, WI 54016-7710 (715) 386-4680• Fax (715) 386-4686 September 17, 2004 Ref: 22-04 Ryan and Rachel Flattum 1199 64`h Street Hudson, W154016 Re: Board of Adjustment Decision Dear Mr. and Mrs. Flattum: The St. Croix County Board of Adjustment has reviewed your request for a variance to the setback requirements for a major home occupation and for a special exception permit to operate a major home occupation and has approved this request. The enclosed document is the formal decision regarding your application. Should you have any questions or concerns,please do not hesitate in contacting me. Sincerely, 2G , avid Fodr i Planning and Zoning Director Enclosure cc: Clerk,Town of St. Joseph,w/enclosure 0 0 FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST.CROIX COUNTY,WISCONSIN Case: 22-04 Applicant: Ryan and Rachel Flattum Complete Application Received: August 7,2003 Hearing Notice Publication: Weeks of July 5 and 12,2004 Hearing Dates: September 25, 2003 and July 22, 2004 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and reviewed the site,the Board finds the following facts: 1. The applicants are Ryan and Rachel Flattum, 1199 64`h Street,Hudson,WI 54016. 2. The site is located in the NE 1/4 of the NW '/4, Section 3, T29N-R19W, Town of St. Joseph, St. Croix County, Wisconsin. 3. The applicant filed with the Zoning Office an application for a 180-foot variance from the 500-foot setback requirement from any pre-existing neighboring residence for a major home occupation and for a special exception permit to operate a major home occupation on the property. The Board of Adjustment finds that the requirements have been met to grant the special exception request pursuant to Section 17.36(6)(a)4 and the variance request pursuant to Section 17.155(6)(d)of the St. Croix County Zoning Ordinance. 4. The Town of St. Joseph has recommended approval of the request. 5. There was no opposition to the request. 6. The property is unique in that there is nowhere else on the property that the shed could be located that would meet the required 500-foot setback from the neighboring residence. The location of the shed is as far from the neighboring property as is possible. 7. The Board finds that the shed is well screened from neighboring properties. 8. The Board finds that due to the small size of the operation, it will not be a burden or a nuisance to the neighboring property owners. 9. The Board finds that granting the variance does not undermine the purpose of the regulation or the intent of the ordinance. The Board believes that the spirit and intent of the ordinance would be met by granting the variance. 10. The Board finds that granting the variance would not be contrary to the public interest. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein,the Board approved the applicant's request for a special exception permit for a major home occupation and for a 180-foot variance to the 500-foot setback requirement of a pre-existing neighboring residence with the following conditions: 1. This approval is for a "major home occupation" to operate an automotive repair business in an accessory building, the total area dedicated to the business is 879 square feet. The total floor area dedicated to the home occupation, including any area used in the dwelling, 2 0 0 shall be limited to a maximum of one thousand(1,000) square feet. 2. Zoning staff has the authority to inspect the property during normal office hours to insure compliance with this permit. 3. The numbers of vehicles kept on the property for repair shall not exceed 2. 4. Hours of operation for the home occupation shall be limited to 8:00 a.m. to 10:00 p.m. 5. There shall be no exterior storage of business equipment, materials, merchandise, inventory, vehicles or heavy equipment. 6. The applicant is to cap the floor drain by filling in with cement. 7. A containment berm is to be constructed around the parts washer and oil storage areas. 8. No autobody repair or painting of vehicles is to be done at the site. 9. The applicant is to have a fire inspection conducted at the site twice a year, and file the report with the Zoning Office. 10. All hazardous material and recyclable material are to be disposed of/ recycled with approved waste/ recyclable handlers, and applicant is to comply with all storing and reporting requirements of hazardous materials. 11. The existing screening is to be maintained on the property. 12. Applicant to maintain proper state licensing to operate the home business. 13. The applicant shall secure all necessary town approvals, including compliance with any building code issues. 14. The applicant shall have one (1) year from the issuance of the Special Exception permit to act on the Special Exception permit. Failure to commence business operation in this period shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before commencing the business operation. 15. Any minor changes (or additions) in expansion of the project, including the business, signage, lighting, hours of operation, shall require review and approval by the Zoning Director. Any major change and/or addition to the originally approved plan will go through the Special Exception approval process, where applicable, as stated in the ordinance. 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: Jensen, yes; Krueger, yes; Luckey, yes; Chairperson Speer,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. 3 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, which is available from Northwestern Court Reporters,Hudson, Wisconsin. It is the responsibility of the Board of Adjustment to submit its record(file)of this matter to the circuit court. ZO G BOARZF DJUST MENT SignedChairp/e/ Q Date Filed: 09/17/04 Attest: Gf Zonin i6d Planni irec or 4 ST. OIX COUNTY WISCONSIN PLANNING & ZONING DEPARTMENT {{N{N U■N■ - r�r�r ST.CROIX COUNTY GOVERNMENT CENTER - 1101 Carmichael Road Hudson, WI 54016-7710 Phone: (715)386-4680 Fax (715)386-4686 a February 17, 2005 File 04 Ryan Flattum 1199 64th St. Hudson, WI 54016 RE: St. Croix County Special Exception Permit Location: 1199 64th St. - Hudson, WI 54016 Computer#: 030-2108-10-000, Parcel #: 03.29.19.44A Dear Mr. Flattum: It has been brought to our attention that you may be in violation of Condition #3 of your special exception permit for a major home occupation approved on July 22, 2004, which limits the number of vehicles kept on the property for repair to no more than two vehicles. On two separate occasions in recent months, there were in excess of 7-8 vehicles on your property. I have attached a copy of the special exception permit decision with conditions for your convenience. Within 30 days of receiving this letter, please contact me to let me know how many of the excess cars routinely on your property are vehicles for repair, employee vehicles, personal vehicles, and/or vehicles used for some other purpose. We will keep this information on file at the Planning and Zoning Department. Please be informed that the intent of Condition #3 was to limit the number of cars on the property, and that every effort should be made to do so. You can reach me at 715-386-4682 or at the address above with the requested information. I can answer any questions at that time. Sincerely, Jennifer Shillcox Zoning Specialist Cc: Marie Schmit, Town of St. Joseph Jennifer Emmerich, St. Croix County Code Enforcement Specialist St. Croix County Board of Adjustment Enclosure: Board of Adjustment Decision Letter, September 17, 2004 MUDGE � � � ��°�� }110 Second Street PORTER, HudsP Office Box 469 ¢n,WI 54016-0469 LUNDEEN & I � elephpne�800�756-0032 SE GUIN, S.C. Fax(715)386-5447 WWW.mnl-s.com A Professional Service Corporation Attorneys Licensed in Wisconsin* and Minnesota+ Joel D.Porter*+ March 11 2005 Barry C.Lundeen*+ D.Peter Seguin* Lisa A.Wiebusch*+ R.Michael Waterman*+ Rose M.Allen*+ Ms. Jennifer Shillcox Specialist Of Counsel Zoning P Robert W.Mudge* St. Croix County Planning and Zoning Department 110 Carmichael Road Hudson, WI 54016 Re: Ryan and Rachel Flattum St. Croix County Special Exception Permit Location: 1199 64th St.—Hudson,WI 54016 Computer#: 030-2108-10-000,Parcel#: 03.29.19.44A Dear Ms. Shillcox: I am in receipt of a copy of your letter to Ryan Flattum dated February 17,2005 in regard to the Special Exception Permit for a major home occupation that was approved on July 22, 2004. Mr. Flattum fully understands that he is to limit the number of vehicles on his property for repair to no more than two vehicles. Be assured that every effort is being made to comply with that condition. Certainly there are occasions when friends, family members or potential future customers stop by unannounced and that may result in a number of vehicles being on Mr. Flattum's property. It is impossible to tell you which vehicles will routinely be on Mr. Flattum's property, other than his personal vehicles. Mr.Flattum realizes that certain residents of the Township and Township officials continually watch his property,photograph vehicles on his property,etc. I have advised him that some of this conduct borders on harassment and if it continues,it may be necessary for him to pursue a harassment injunction against the offending persons at some point in the near future. Knowing that he is being watched,Mr.Flattum is making every effort to comply with the terms of his permit and will continue to do so. Thank you. Sincerely, MUD , PORTER UNDEEN & SEGUIN, S.C. BarrnLun en J:;�� barry.lundeen@mpl-s.com BCL:das cc: Ryan and Rachel Flattum