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030-1035-50-010
ST. CROIX COUNTY WISCONSIN - `� ZONING OFFICE RU N N N rrrri ST. CROIX COUNTY GOVERNMENT CENTER �.., 1101 Carmichael Road .. .' - Hudson, WI 54016-7710 . (715) 386-4680 X13 A 3 June 15, 1994 File Ref: Mr. Richard E. Lee 1089 County Road A Hudson, Wisconsin 54016 RE: Board of Adjustment Decision Dear Mr. Lee: The St. Croix County Board of Adjustment has reviewed your application for a special exception use permit for a dog kennel and has denied your application. The enclosed document is the formal order and decision for your application. 3f you have any questions, please do not hesitate in contacting me at the above number. Sincerely, Thomas C. Nelson Zoning Administrator mz Enclosure cc: Camille Grant, St. Joseph Town Clerk i Parcel #: 030-1035-50-010 04/19/2010 07:57 AM PAGE 1 OF 1 Alt. Parcel#: 10.29.19.120D-10 030-TOWN OF SAINT JOSEPH Current ❑X ST. CROIX COUNTY,WISCONSIN Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units 07/11/2007 00 0 Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner O-PRUITT, PAUL G&KATE J PAUL G&KATE J PRUITT 1089 CTY RD A HUDSON WI 54016 Districts: SC=School SP=Special Property Address(es): "=Primary Type Dist# Description `1089 CTY RD A SC 2611 HUDSON SP 1700 WITC Legal Description: Acres: 0.919 Plat: 5423-CSM 22-5423 030-2007 SEC 10 T29N R19W PT NW NE CSM 22-5423 Block/Condo Bldg: LOT 03 LOT 3 Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4) 10-29N-19W NW NE Notes: Parcel History: Date Doc# Vol/Page Type 07/30/2007 856561 QC 07/30/2007 856556 QC 07/11/2007 855380 22/5423 CC D 12/01/2006 839789 more... 2010 SUMMARY Bill#: Fair Market Value: Assessed with: 0 Valuations: Last Changed: 04/25/2008 Description Class Acres Land Improve Total State Reason RESIDENTIAL G1 0.919 50,000 110,200 160,200 NO Totals for 2010: General Property 0.919 50,000 110,200 160,2000 Woodland 0.000 0 Totals for 2009: General Property 0.919 50,000 110,200 160,2000 Woodland 0.000 0 Lottery Credit: Claim Count: 0 Certification Date: Batch#: Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 FINDINGS, CONCLUSIONS, DECISION AND ORDER OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 1-94 Complete Application Received: 12/14/93 Hearing Date: 3/24/94 Dates of Publication: 3/7/94 and 3/14/94 Reheard for Final Decision: 4/28/94 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 applicant is Richard E. Lee whose address is 1089 County Road A, Hudson, Wisconsin 54016. 2 . The applicant on December 14, 1993 filed with the Zoning Office an application for a special exception use permit for a dog kennel. 3 . The applicant is the owner of the following described property which is the subject of the application which is located in the NW; of the NE, of Section 10, T29N- R19W, Town of St. Joseph, St. Croix County, Wisconsin. 4 . The subject property presently used for residential purposes. 5. The property is zoned Ag.-Residential under the current Zoning Code of the St. Croix County Zoning Ordinance. 6. The Town of St. Joseph opposes the application. 7. A Board of Adjustment application and correspondence from the Town of St. Joseph were introduced as exhibits in this matter. 8. Mr. Lee has obtained the 14 dogs over a period of two or so years from animal shelters, friends and co- workers. He rehabilitates the dogs and trys to set them up for private adoptions. 9 . Mr. Lee indicated that these dogs are their life or like their children since their own children have grown and gone. 10. Quentin Weinzierl, St. Joseph Town Chairman, stated the reason the St. Joseph board turned Lee down on his request was that the ordinance states that for Lee to have a kennel he should be buying and selling dogs and instead he is just keeping them. Weinzierl further stated that no neighbors have complained about the animals but that Lee was creating his own hardship by taking the dogs in and making a kennel. 11. An inquiry was made to Mr. Lee if he knew that his dogs had to be licensed and he indicated that he had no objection to licensing the dogs. 12 . The St. Croix County Humane Society is in opposition of this kennel. SPECIAL EXCEPTION The application for a special exception permit does not meet the requirements of §17. 15 (6) (f) of the Zoning Code as follows: Kennels are to be 700 feet from another residence. CONCLUSIONS OF LAW Based upon the above Findings of Fact, the Board concludes that: 1. The County and the Board of Adjustment has authority under Section 17 .70 (c) 4 of the Zoning Code to deny a permit. ORDER AND DETERMINATION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board made a motion to deny this application since there is not adequate area for all the dogs and sanitation appeared to be questioned. The Board voted as follows: Chairman Bradley YES J. Neuman YES T. Dorsey YES T. Filipiak YES. The motion carried and the application is herein denied. 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. ZONING BOARDAA OF ADJUSTMENT Y Signed Ch irperson At Zoning Administrator Dated: 6/15/94 Filed: 6/15/94 a BOARD OF ADJUSTMENT MEETING AND HEARING (This meeting was recorded by a court reporter. ) April 28, 1994 The meeting was called to order by Chairman Bradley at 9:00 a.m. A role call was made. All were present except for the absence of Charles Mehls. Neuman made a motion to approve the agenda, seconded by Dorsey. Motion carried. Neuman made a motion to approve the minutes as mailed, seconded by Bradley. Motion carried. May 26, 1994 will be the date of the next regular meeting. It was indicated that there is a seminar in New Richmond on May 14, 1994 that the Board of Adjustment members should attend. ELECTION OF OFFICERS: Neuman made a motion to nominate John Bradley Chairman of the Board of Adjustment. Dorsey further motioned to unanimously vote Bradley in as Chairman, seconded by Filipiak. Motion carried. Neuman made a motion to nominate Tom Dorsey Vice Chairman of the Board of Adjustment, seconded by Filipiak. A unanimous vote was reflected. Motion carried. Bradley made a motion to nominate Neuman as Board of Adjustment Secretary, seconded by Filipiak. A unanimous vote was reflected. Motion carried. UNFINISHED BUSINESS: John Erickson Nelson stated that no appeals have been filed at this time by John Erickson. John Bettendorf Nelson indicated that this was a trucking facility in the Town of Kinnickinnic. Approval was made for the removal of one driveway. The Board of Adjustment's decision was upheld in Court. Bettendorf's attorney stated that they are willing to remove the driveway but there is some questions as to which driveway is to be removed. Nelson will be sending a letter to the County Highway Department. PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, April 28, 1994 at 9: 30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin to consider the following appeals to the St. Croix County Zoning Ordinance. An on- site investigation will be made of each site in question, after which the board will return for the purpose of deliberating and- voting on the appeals. 1. ARTICLE: 17 . 64 (1) (e) 2 Setback Variance from Private Road APPELLANT: Gerald E. and Maryann Firner LOCATION: NE; , SW', , Sec. 2, T31N-R18W, Town of Star Prairie 2 . ARTICLE: 17 . 36 (5) (j ) Stairway in Bluff of St. Croix APPELLANT: William J. Marzolf, Sr. LOCATION: SW; , NE; , Sec. 13, T28N-R20W, Town of Troy 3 . ARTICLE: 17 . 33 (3) (8) Bridge Over Navigable Body of Water APPELLANT: Michael E. Curtis LOCATION: NE', , NW; , Sec. 26, T29N-R16W, Town of Baldwin 4. ARTICLE: 17 . 155 (6) Major Home Occupation APPELLANT: Paul 0. Germain LOCATION: SE; , SW; , Sec. 5, T30N-R18W, Town of Richmond 5. ARTICLE: 17 . 64 (5) 3 Driveway Separation Variance/Town Road APPELLANT: Paul C. and Connie E. Burch LOCATION: NE'„ NW; , Sec. 5, T30N-R18W, Town of Somerset 6. ARTICLE: 17. 14 (6) (a) Third Residence on Farm APPELLANT: James Mc Namara LOCATION: SE; , SE', , SEC. 2 , T30N-R16W, Town of Emerald 7 . ARTICLE: 22 . 6 (89) Non-Metallic Mining and Reclamation APPELLANT: Tri-County Disposal/William Liddle LOCATION: SE; , NE; , Sec. 13, T29N-R18W, Town of Warren and NE; , SE; , Sec. 13 , T29N-R18W, Town of Warren All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Administrator, Hudson, Wisconsin at 715/386-4680. John Bradley, Chairman St. Croix Co. Board of Adjustment Chairman Bradley explained the procedures of the hearing requesting that individuals wishing to testify sign their name in the front of the room on the sign up sheet provided. Ralph Bader/St. Croix County Sheriff's Department Nelson indicated that the Sheriff's Department would like to obtain special exception use for a Firearm Training Facility in the Town of Cylon. At the last hearing this matter was postponed due to further clarification. An inquiry was made by Bradley as to why the Sheriff's Department was not using the Hudson Rod and Gun Club as a firing range. Bader stated it was just brought to his attention two weeks ago and that he believes it to be short term- and a band aid effect. Dorsey indicated that it was felt by the Public Protection Committee that DNR, not the County, had control over this land. He also indicated that the Town Board still stands on their original decision that it should be approved. Neuman inquired of Bader if they would be working around the hunting opener dates and Bader indicated they would work around the various opening hunting seasons. Bradley indicated the Sheriff's Department should post a deputy as a guard at the entrance of the facility to watch for children. Bader stated that they will post a sign and also a deputy up on the road to answer any questions. Prior to shooting they always announce over their PA system that they will be shooting so that if anybody is there that they will know who is shooting. Bradley stated the Board will view the site and render a decision later this date. ward E. Lee Nelson indicated that Mr. Lee was requesting a special exception use for a kennel across from the Burkhardt Cooperative. At the last Board of Adjustment hearing it was determined that -St. Joseph's ordinance is stronger in dealing with dogs and dog kennels and that Quentin Winzeral should produce the St. Joseph Ordinance. It was noted that the town previously recommended denial of this special exception. The situation was explained and it was noted that this was not a popular place for a kennel due to health reasons, size and the noise problem. It was noted that the dogs to date have not been licensed. It was also noted that the St. Croix County Humane Society is in opposition of this kennel. When they made the inspection last month they found the home to be spotless, but small. Four hours a day the dogs are unattended. They noted that the odor of the home was brisk to a point where one would wonder about the health of the occupants. Bradley indicated the Board will postpone their decision until later in the day to make a decision. Dorsey inquired if the Pierce/St. Croix Humane Society would take the dogs and Quentin Winzeral stated that it is $70. 00 per dog and that the township would not pay for this but felt it should be paid for by the owner. NEW BUSINESS: The hearing was called to order at 9:40 a.m. by Chairman Bradley. Nelson read the notice of the hearing as published: Chairman Bradley introduced the other members of board as being Tom Dorsey, Jerry Neuman and Tim Filipiak. Charles Mehls was absent. Tom Nelson, Zoning Administrator, was present to assist the board with the introduction of the materials as well as recommendations as to how the ordinances applied. Gerald and Maryann Firner Nelson indicated that Gerald and Maryann Firner were requesting a_ setback from the town road. Nelson introduced Exhibit #1 as the site plan showing the location of the garage; Exhibit #2 being a letter from the township showing their support; and Exhibit #3, being a letter from John Hays, an adjacent landowner, showing support with this proposal. Donna Firner, after being duly sworn, indicated that she was acting on behalf of her parents due to a medical emergency in the family. Donna indicated that her parents would like to put the garage closer to the private road due to the fact that the septic system was just put in. It was noted that this is a seasonal residence. The setback variance is for 50 feet from the right of way line and the Firners are requesting 15 feet from the right of way line. It was believed that this would be a 1 car garage. It was noted that when the Firners went to the town to obtain a building permit, John Hines noted the problem, would not issue a building permit to them and had them go through the Zoning Office to obtain this variance request. Neuman inquired as to whether or not there was an alternative site for this garage. Bradley -indicated that the board would view the site and render a decision later this date. William J. Marzolf, Sr. Nelson indicated that this was a special exception use for a stairway placed on the bluff line of the St. Croix River. This is not a permitted use but by special exception of the Board of Adjustment. Nelson introduced Exhibit #1 as being a letter from Elliot Architect; Exhibit #2 being black and white photographs and also original colored photographs of the site; and Exhibit 3 , a site plan of the proposed area. There is verbal support from the DNR. It was indicated that the Zoning Office had not received correspondence from the Troy Town Board. Nelson indicated that the Zoning Office supported this proposal. William J. Marzolf, Sr. after being duly sworn, stated he proposed to build a causeway across the ravine. He stated the town board gave approval of the plan with Elliot Architects reviewing the plans which stated it does meet the conditions. Chairman Bradley indicated that Dave Hense and Cyril Cernihouse were present from the town board. Marzolf indicated that the stairway was necessary because of the wear and tear on the bank by his grandchildren crawling up and down the bank. There will be no major removal of large trees and he would also plant the area with grass to prevent erosion. The stairway will be a green treated lumber and in time will turn a driftwood color which will blend in very well. The work will be done by his family, most his future son-in-law who is a journeyman carpenter. Nelson indicated that if the plan is approved the Zoning Office should be contacted prior to the construction of the stairway and also upon completion of the stairway. Bradley indicated that the board would view the site and render a decision later this date. _ Michael Curtis Nelson indicated that Mr. Curtis was requesting a special exception permit for a bridge over navigable body of water. Nelson introduced Exhibit #1 as being a packet of information, a letter from the Department of Army Corp of Engineers; a CSM showing the proposed building site and Carr Creek; a cross section dimension of the proposed bridge; top side view, lateral view; Exhibit #2, application sheet to Corp. of Engineers; Exhibit #3 , photograph of proposed location of bridge; Exhibit #4, 2nd colored photo of location. It was indicated by Nelson that the DNR supports this proposal. Exhibit #5, a recommendation by the Township of Baldwin in support of this project. Nelson also indicated that the Zoning Office supports this proposal as being the best location and well designed in running water. Michael E. Curtis, after being duly sworn, stated that he has been in contact with the DNR office as well as the Zoning Office. Construction on the home has not been started. Purchase of 16.7 acres of property from Eugene Zimmerman is conditional upon approval .from Board of Adjustment. The house would be located on approximately 8 acres of land. It would be a 3 bedroom house and this bridge would be used exclusive for the Curtis home. Dorsey questioned whether or not there was approval of the driveway to the bridge and Curtis indicated that the DNR has verbally approved the entrance of the driveway as well as the town board. The bridge is also not located in a flood plain. Bradley indicated that the board would view the site and render a decision later this date. Whereupon a short 5 minute recess was taken and the board reconvened at approximately 10:43 a.m. Paul O. Germain Nelson indicated this was a request for a major home occupation and that normally it is not a permitted use. The structure should be 1, 000 square feet in size and not more than 500 feet from any other residence. Nelson introduced Exhibit #1, site plan showing the location of the shop to the property boundaries; Exhibit #2, correspondence from the Town of Richmond supporting this request. It was indicated by Nelson that the Zoning office also supports this proposal if the dimensional standards are met and if it is only used by people residing on this property. Paul O. Germain, after being duly sworn, stated that the activities he would do in his garage would be changing the different fluids in vehicles with synthetic lubricants and that he would be stocking from 50 to 75 gallons of used oil on the property. He would also be doing grease jobs and changing transmission fluids but that he would not be doing anything with batteries, gear housings or power steering. He also would be storing tack oil for air cleaners. Nelson went on to state that based upon what he is hearing from Mr. Germain the Zoning Office would support this proposal. Bradley indicated that the board would view the site and render a decision later this date. Paul and Connie Burch Nelson indicated that this is a variance request for a driveway separation. The ordinance states it should be 200 feet from the center of one driveway to the center of another driveway. When Mr. Burch filed his application, it was thought the driveways were 160 feet apart. Only on April 27, 1994 it was learned that Mr. Burch had improperly measured his driveway and in fact he met the driveway separation requirement. Nelson introduced Exhibit #1, a proposed site plan; Exhibit #2 , a series of 7 photographs; and Exhibit #3 , correspondence from the Town of Somerset approving this request. James McNamara Nelson indicated this was a request for a third residence on a farm, that it was an after-the-fact permit and that McNamara has been in violation of the ordinance. There was an amendment to the ordinance recently and approval of this request by the Board of Adjustment would remove the violation against Mr. McNamara. If the Board of Adjustment denied this application, the zoning office would take the action necessary to remove this third residence. It was noted by Nelson that other counties allow more than 2 residences on a farm if it is occupied by a family member or the individuals are working on the farm. Also, the wells have to be code compliant and there is a need for individual septic systems for each residence. Nelson introduced Exhibit #1, a soil test of the mound system which is to be installed. The applicant attested that this residence will be occupied by family members or individuals working on the farm. James McNamara, after being duly affirmed, entered Exhibit #2 as a map of the location. He indicated that this whole thing came about because a trailer was put on this site where a trailer was 25 years ago. He has two sons who live there and their primary occupation is working on the farm. He noted that he milks 70 cows, has a total of 150 animals, 400 acres of land and an 180 foot well for the entire enterprise. He stated that his sons will continue to run the farm after he retires in 10 years or so. McNamara indicated that the Town of Emerald supports this application. Nelson indicated that the Zoning Office does support this application. It was indicated that if approved, it would be conditional upon receipt of a letter from the Town of Emerald stating their approval also. Bradley indicated that the board would view the site and render a decision later this date. i Tri-County Disposal/William Liddle Nelson indicated this is a request for Non-Metallic Mining and Reclamation, that it is not a permitted use but a special exception. Nelson introduced Exhibit #1, a blue print map of the active construction and land fill ; Exhibit #2 , two pages of blue prints showing new proposed locations and two different phases; Exhibit #3, contract for non-metallic mining from Gilles Farm, Inc. and William Liddle; Exhibit #4, contract for Non-Metallic Mining for Wayne Van Beek and William Liddle; Exhibit #5, certificate of insurance showing a $1, 000, 000, 000. 00 liability; Exhibit #6, operation plan; Exhibit #7, concerns from the zoning office for the reclamation portion the of plan; and Exhibit #8, a resolution from the Town of Warren supporting this proposal with a number of conditions. He indicated that there would be a bonding requirement by the county, $1, 000. 00 per acre at this time, and the township also requires a bond. William Liddle, after being duly sworn, indicated he is the agent for Tri-County Disposal. As a little background information, Mr. Liddle indicated that there is an additional 4 to 6 acres south of and adjoining the present demolition site licensed with the County at this time. He went on to say that for the first project he would need 40, 000 yards of clay and for the second project he would need 16, 000 yards of clay to cap this project off. This whole matter originally came about when the City of New Richmond ran an ad to cap the facility. He answered the ad, went to the town board to see if it was okay, which they did approve. At the second meeting he brought maps in for the town board to okay. Mr. Liddle indicated that there is 3 to 5 years of room left at this time in his present location but he didn't want to wait until it is full. He would like to get it approved ahead of time. Chairman Bradley inquired as to whether or not he would be invading the Van Beek property and Mr. Liddle indicated he didn't believe SO. Mr. Liddle also indicated he would like to keep some additional clay at the site for future demolition. He went on to say that the town board requested a $60, 000. 00 bond and later raised it to $1, 000, 000. 00. The New Richmond project would take approximately 60 days and the Bayport project approximately 30 days, depending upon the weather. Nelson indicated that there was some concern regarding the seed mixture on the reclamation and Liddle indicated he would be using the same mixture as previously used. Nelson went on to say that he has been out on the site, has viewed it and that Liddle is doing a very good job. Bradley indicated that the board would view the site and render a decision later this date. DECISIONS Having completed the hearing testimony, the board visited each site in question. Upon completion, the following decisions were rendered: Ralph Bader/St. Croix County Sheriff's Department Motion by Neuman, seconded by Filipiak to conditionally approve the request for the shooting range on the state property. The conditions being noted are as follows: 1) There be ongoing surveillance of the area to make sure there is no unauthorized shooting on the property. 2) The township shall be contacted prior to and after each shoot. 3) Provide the township information regarding how long they shot and how many rounds they shot. 4) There is to be a certified instructor on the premises at all times during a shoot. 5) Gun safety should be of utmost concern. 6) The site be cleaned up after each shoot, removing all spent cartridges, targets and other miscellaneous debris associated with the shoot. I With the motion having been heard, all members voted to approve the motion. Nftt arE. Lee Motion by Bradley, seconded by Neuman to deny the request for the kennel since there is not adequate area for all the dogs and sanitation appeared to be questionable. All members voted in support of the motion to deny. Gerald and Maryann Firner Motion by Neuman, seconded by Filipiak to deny the request for the setback variance to build the garage closer than the 50 feet required from the right-of-way line. No hardship could be demonstrated and there are other alternatives. Motion carried. William J. Marzolf, Sr. Motion by Neuman, seconded by Dorsey to approve the requested stairway for access to the St. Croix River. Motion carried. Michael Curtis Motion by Dorsey, seconded by Neuman to approve the bridge crossing conditionally with the conditions being that it be built as per the plans and that the Zoning Office be contacted before construction_ begins and after it has been completed. Motion carried. Paul O. Germain Motion by Neuman, seconded by Bradley to conditionally approve the request for the home occupation that would provide lubricant replacement in motor vehicles with synthetic lubricants. Motion carried. Paul C. and Connie Burch No decision is needed since the request meets the intent of the ordinance. James McNamara Motion by Dorsey, seconded by Filipiak to approve the third residence on the farm providing the guidelines of the ordinance are followed and the septic system is replaced with a system that meets the current codes. Motion carried. Tri-County Disposal-William Liddle Motion by Bradley, seconded by Neuman to approve the non-metallic mining operation as proposed conditionally. Motion carried. A complete copy of the findings of fact and decisions can be obtained in the St. Croix County Zoning Office. Respectfully submitted: PCY? 09-rome Neuman, Secretary mz Chairman Bradley indicated that Mr. Swagger was a victim of bad advice from the Town of Warren. He indicated that the Board viewed this site last month. Being that no one from the Town of Warren appeared for this meeting, Stephens made a motion to grant Mr. Swagger's driveway separation variance request in that he is innocent of the situation. He further stated that a letter of reprimand should go to the Town of Warren Board for their discourtesy in not appearing before the Board of Adjustment. Menter seconded said motion. Bradley indicated that he supported the letter of reprimand. Role call: Neuman, no; Menter, yes; Stephens, yes; Bradley, yes. Reflection of role call vote, 3 to 1. Motion carried. Bradley indicated that Mr. Swagger can 'move forward. John Bettendorf Nelson indicated this was an reaffirmation of a driveway ruling which was supported by Judge Richards. Because of the lapse in time since the decision, the Highway Department is requesting a reaffirmation of the decision. Bradley stated that the board should follow the plan that the Highway Department submitted, that being that the driveway should be removed. The Highway Department was advised to remove the driveway. Judge Richards defended the County's position. Zoning Administrator Nelson was instructed to send the Highway Department a letter to take the driveway out. It was also indicated that John Bettendorf will be billed for this service. Neuman made a motion to reaffirm the decision of the Board of Adjustment with regard to the John Bettendorf case which was seconded by Bradley. Role call was taken: Menter, yes; Neuman, yes; Stephens, no; Bradley, yes. Reflection of role call vote: 3 to 1. Motion carried. NEW BUSINESS: The hearing was called to order at 9: 30 a.m. by Chairman Bradley. Nelson read the notice of the hearing as published: PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, March 24, 1994 at 9:30 a.m. at the Government Center, 1101 Carmichael Rd. , Hudson, Wisconsin to consider the following appeals to the St. Croix County Zoning Ordinance. An on- site investigation will be made of each site in question, after which the board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: 17. 15 (6) (f) Dog Kennel APPELLANT: Richard E. Lee LOCATION: NW;, NE, , Sec. 10, T29N-R19W, Town of St. Joseph BOARD OF ADJUSTMENT MEETING AND HEARING (This meeting was recorded by a court reporter. ) March 24, 1994 The meeting was called to order by Chairman Bradley at 9: 00 a.m. A role call was made. All were present except for the absence of the late Bernard Kinney. Stephens made a motion to approve the agenda, seconded by Menter. Motion carried. Stephens made a motion to approve the minutes as mailed, seconded by Menter. Motion carried. April 28, 1994 will be the date of the next regular meeting. i It was indicated that there would be an election of officers at the next Board of Adjustment meeting being there will be a new committee. REVIEW OF PREVIOUS PERMITS: Gary Sukowatey A copy of the decision and appeal were given to all members of the board by Zoning Administrator Tom Nelson. Nelson indicated that Attorney Gregory Timmerman, Corporation Counsel, would be holding off on answering the appeal. It was stated by Nelson that business related vehicles should be in the screening area as well as worked on vehicles. He went on to state that Gary Sukowatey believes he needs further interpretation of the decision which the Board previously issued. Chairman Bradley indicated that the decision of the Board stands as is. John Erickson Mention was made by Nelson that John Erickson would probably be appealing the decision which the Board of Adjustment made in their last session, that being February 24, 1994. UNFINISHED BUSINESS: Raymond Swagger Nelson stated that Mr. Swagger put in a cement slab near his residence in the Town of Warren. A violation was noted by the Zoning Office. The Board heard Swagger's application last month and that the matter was put on hold pending an appearance by an officer from the Town of Warren. Quentin Weinzierl, St. Joseph Town Chairman, after being duly sworn, indicated that the reason the St. Joseph board turned Lee down was that the ordinance states that for Lee to have a kennel he should be buying and selling dogs and instead he is just keeping them. A clarification was requested of Tom Nelson by Bradley on the reading of this ordinance. Nelson indicated that this is silent. Weinzierl went on to state that no neighbors have complained about the animals but that Lee was creating his own hardship by taking in the dogs and making the kennel. An inquiry was made as to how the Zoning Office found out about Lee's kennel and Nelson indicated that someone complained to the Zoning Office and that it was Nelson's best recollection that someone from the township had complained. The complaint was that there were a lot of dogs and that a pony and a turkey were being neglected. An inspection of the site revealed that there were numerous dogs inside the house barking and that there were two ponies and a turkey outside in a fenced in area. The ponies and the turkey appeared to be in very good health. Chairman Bradley asked Quentin Weinzierl if Mr. Lee had applied to the Town Board for a kennel license. Mr. Lee spoke up and stated that he had gone to a meeting back last November but that a decision was not made at that time. An inquiry was made to Mr. Lee if he knew that his dogs had to be licensed and he indicated that he was unaware that they had to be licensed but that he had no objection to licensing the dogs, that they were being well taken care of and that he would like to keep the dogs. Bradley indicated that they would need a written opinion from Corporation Counsel Greg Timmerman regarding the back licensing of all of these dogs. A question was asked if the variance of 700 feet had been complied with and Bradley indicated that the 700 foot setback from the property line was sufficient. Bob Stephens indicated that the Town of St. Joseph should have an opportunity to bring in their ordinance to show to the Board. Chairman Bradley indicated that they would postpone this matter until next month's Board of Adjustment meeting. Kariesch-Voss Construction/John & Jody Hermanson Nelson indicated that this was a request for a variance for a setback from the town road. Nelson went on to state that the ordinance states that it should be 133 feet from the centerline of the road or 130 feet from the right-of-way line and that the parties are requesting a variance of 91 feet from the center of the road due to the typography of the land. John Hermanson, after being duly sworn, stated that when they purchased the lot from Tower Asphalt, he was not aware of the setback requirements. When they were closing on the construction loan, Voss pulled the building permit and found the setback requirements. At that time Voss contacted Zoning Administrator Tom Nelson regarding said setback. At the present time, they are looking at 4 to 5 weeks before the road restrictions are lifted before starting construction and also the need of this variance 2 . ARTICLE: 17. 64 (1) (d) Variance Setback Town Road APPELLANT: Kariesch-Voss Construction/John & Jody Hermanson LOCATION: SE, , SW, , Sec. 24, T28N-R20W, Town of Troy 3 . ARTICLE: 17 . 15 (m) Firearm Training Facility APPELLANT: Ralph Bader/St. Croix County Sheriff's Dept. LOCATION: Wk , NWT; , Sec. 15, T31N-R16W, Town of Cylon All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Administrator, Hudson, Wisconsin at 386-4680. John Bradley, Chairman St. Croix Co. Board of Adjustment Chairman Bradley explained the procedures of the hearing requesting that individuals wishing to testify sign their name in the front of the room on the sign up sheet provided. Chairman Bradley introduced the other members of board as being Bob Stephens, George Menter and Jerome Neuman. Tom Nelson, Zoning Administrator, was present to assist the board with the introduction of the materials as well as recommendations as to how the ordinances applied. Richard E. Lee Nelson indicated that Mr. Lee was requesting a special exception for a kennel, pursuant to Article 17. 15 (6) (f) . Dog kennels are a special exception use, i.e. things to look for are housing, sanitation, and noise factor. Nelson introduced Exhibit #1 as the general application and Exhibit 2 as being correspondence from the Town of St. Joseph. It was indicated that St. Joseph Township was not supporting this request. Richard E. Lee, after being duly sworn, indicated that he and his wife love animals and have a number of dogs at their home. He stated that he obtained these dogs from animal shelters and has rehabilitated them, also stating they are doing some private adoptions. He has worked with the Human Society and with the dog track. Mr. Lee stated he has over a period of two or so years obtained 14 dogs. He went on to say that friends and coworkers call when they f ind a dog in need of a home. He went on to say that these dogs are their life or like their children since their own children were grown and gone. Most of the dogs are kenneled during the day when they are not there, that the dogs are usually, as a general rule, well behaved. attendance at the shoot at all times. The shooting hours would be varied and they will be having only 1 night shoot a year. He stated that they have control of the site only on certain days which they have contracted with the DNR. Sharleen Croes, Clerk, Town of Cylon, after being first duly sworn, stated that the Town Board is extremely disappointed that the 3 Committees missed that the Sheriff's Department needed a special exception for this firearm training facility but that they were willing to go along with the training facility. Milton Gehrman, after being first duly sworn, stated that things happened that they were not aware of. He stated that there are home sites within a 2 two mile radius of this location. He stated that the reason he opposed this site was because of the noise factor, it is public land so the public would think it was open for shooting and that it was prime hunting area. He stated one day last fall he went down there because he heard shooting and found the Sheriff's Department engaged in target practice. He went on to state that this was DNR land and open to the public. He had no idea the berm was being built. He was concerned that the Sheriff's Department went ahead and took dirt off of the rise to build the berm. It was asked who built the berm and Sheriff Bader indicated that the Highway Department built the berm at the Sheriff's request. Mr. Gehrman went on to state that when he visited the site last fall he saw 9 to 12 people in uniform. He stated he stresses safety of guns but at the time he visited the site last fall had found an automatic gun pointed towards where the guys were, right in line and fully loaded. He stated he could have picked it up and if he had lost his head, could have shot them. Bob Stephens asked Sheriff Bader if this was only a pistol range and Bader replied that rifles were minimal. Stephens went on to state that some drug funds had been budgeted for the highway department to build this berm. He stated that if a farmer had moved this dirt he would have been fined for movin g it. Nelson stated that the Sheriff's Department had discussed using this land with the Game Manager and that the Sheriff's Department 9 P had then come to them for using this land and that they had no problem with it. It was directed that at the time the Board of Adjustment visited the site later today a representative of the Sheriff's Department would be on hand at the site to give a demonstration and they could see for themselves the noise factor. Jennifer Luke, after first being duly sworn under oath, stated that the 10 foot berm suddenly appeared one day. Noise is a big factor and they would appreciate a noise barrier. Also, people are coming in for target practice and siting in their guns. They would like to see more sound barriers or a tree line and restrictions on the before beginning to build. No construction has been started at this time. The lot has been cleared for the building site and that they have located where the septic system should be from the perk test taken. Nelson indicated that the plat was created by Alex Kosa. Tower Asphalt did the blacktopping in exchange for part ownership of the property and that at the present time it was being transferred to John and Jody Hermanson. Dean Albert, Chairman, Town of Troy, indicated concern on the setback requirements and the contractor met with Tom Nelson, who looked at the site and appropriate changes were made in the plans for the house. The house would sit on a ridge and there was an 8 foot difference in the elevation. Dave Hensy, Supervisor for the Town of Troy, indicated that the plans were brought in. Members of the Town Planning Commission viewed the site as well as a board member and they felt that this was the best possible site on that property to put the house. Plainview is mostly residential and not heavily traveled. It was indicated by Tom Nelson and also Jerry Neuman that possibly the house could be a little bit smaller. Ralph Bader/St. Croix County Sheriff's Department Nelson indicated that the Sheriff's Department would like to obtain a special exception use for a Firearm Training Facility in the Town of Cylon. He went on to state that there had been several complaints about this facility and that they need to be addressed. Ralph Bader, after being duly sworn, stated that in 1990 the Sheriff's Department started looking for a remote site for a firearm training facility which would not encroach on any homes and that they had looked at this DNR site in the Town of Cylon. A side contract was obtained through the DNR in April of 1993 for the use of this property as a Firearm Training Facility. The location would be at the end of a dead end road, that being 230th Street, Town of Cylon. A 10 foot berm was built for shooting. It was Y g indicated that it this berm was located 3/4 of a mile from the closest neighbor, that they would have approximately 6 to 8 shoots a year, that they would comply with the request from the Town of Cylon in reporting to them after each shoot. He went on to state that there are no buildings on the site. They would be hauling in the targets and taking them back out again after the shoot. They would clean up the shells, cigarette packages, etc. It was indicated that they used the site 2 times last fall. Bob Stephens indicated that they had contemplated an indoor training facility in the new courthouse and the building committee had directed Sheriff Bader to find a remote site for training. Sheriff Bader went on to state that they appeared before the Town of Cylon on March 9, 1994 and that the biggest concern was the safety of the people and neighbors was of utmost importance to the Sheriff's Department. He went on to state that at all times during the shoot 1 of the Department's 3 certified officers are in public going in to shoot. DECISIONS Having completed the hearing testimony, the board visited each site in question. Upon completion, the following decisions were rendered: Richard E. Lee Motion by Stephens, seconded by Menter to postpone a decision until the next regular meeting: Stephens, yes; Menter,yes; Neuman, yes; Bradley, yes. Motion carried. Rariesch-Voss Construction/John & Jody Hermanson Motion by Stephens, seconded by Neuman to approve the request for the setback variance as requested: Stephens, yes; Neuman, yes; Menter, yes; Bradley, yes. Motion carried. Ralph Bader/St. Croix County Sheriff's Department Motion by Stephens, seconded by Bradley to postpone the decision so that a plan can be provided to show how general public access to the site could be limited or restricted: Stephens, yes; Menter, yes; Neuman, no; Bradley, yes. Motion carried. Respectfully submitted: George enter, Secretary mz VARIANCE NOTE: Variances from the provisions of the Zoning Ordinance may be applied for only where, owing to special conditions, a literal enforcement of the Ordinance will result in an "unnecessary hardship" which is defined, in the Zoning Ordinance as .meaning "an unusual or extreme decrease in the adaptability of the property to the uses permitted by the zoning district, which is caused by facts, such as rough terrain or good soil conditions, uniquely applicable to the particular piece of property in the same zoning district. " If you believe that under the facts and circumstances unique to your property a variance could be granted to you, under the definition cited above, please set forth the type of variance which you are requesting and the reasons that you have for making the request. OWNERS RESPONSIBILITIES: THE APPLICANT, AS WITNESSED BY HIS SIGNATURE ON THIS APPLICATION, HEREBY ACKNOWLEDGES THAT HE HAS READ AND THAT HE UNDERSTANDS THE FOLLOWING: 1) Applicant must go to Township for approval and have Township send letter to the Zoning Office stating their position on your request. 2) Applicants must submit a site plan showing distances from property lines, roads, and/or water. fi ST. CROIX COUNTY ZONING OFFICE 1101 CARMICHAEL ROAD HUDSON, WI 54016 (715) 386-4680 APPLICATION FOR A VARIANCE OR SPECIAL EXCEPTION 1'7 3-173 NO: � ` �1 � FEE: $150. 00 DATE: APPLICANT OR AGENT: //11 L�4�4�JeD�y�72 ADDRESS: /� C.s+ �� PHONE:&, r$SeZ OWNER: t!5t'e aaano ADDRESS: <- A.2 LEGAL DESCRI,P�TION: LOT SUBDIVISION: IV U) ; , '„ SEC. T�N-R li_W, TOWN OF 4'•- 3© "I dr PARCEL NO: (TAX ID) VARIANCE /�ej %_ o SPECIAL EXCEPTION This property is currently used for and has been used continuously since SPECIAL EXCEPTION •7, �s(6)(P) egj� Kenn 4 NOTE: Special exception use permits are granted in the discretion of the Board of Adjustment Committee. They are made available to validate uses which, while not approved within the zoning district in question, are deemed to be compatible with approved uses and/or not found to be hazardous, harmful, offensive or otherwise adverse to other uses, subject to review by the circumstances and the imposition of conditions, subject to the provisions of the St. Croix County Zoning Ordinance. If it is your belief that a special exception use permit should be granted to you for the above-described property, please set forth, in detail, the intended use of the property and your justification in applying for such a permit: EXHIBIT r 31tit�^� 3) Applicants are to submit a list of adjoining property owners and their addresses, including those directly across the road. 4) Applicants will be heard by the Board of Adjustment Committee. After a public hearing on the application, at which time testimony and arguments will be received, the Committee will adjourn to view the sites in question after which time they will reconvene to render decisions. However, the applicant should not consider the decision to be final until written notice of the decision has been presented to him. 5) At the public hearing, the applicant may appear in person or through an agent or an attorney of his choice. The applicant/ agent/attorney may present testimony and evidence and arguments in support of his application. 6) The fact that an application for a permit has been filed does not automatically mean that a permit is granted. If you are uncertain as to how to present your case, you may want to consider the advice of legal counsel. 7) The fee assessed for this application is non-refundable. 8) All site plans, pictures, etc. become property of the Zoning Office and will remain in your file. 9) Statements of representatives of the Board of Adjustment made to you concerning matters of whether the committee can, will, or will not grant the permits you seek are understood to constitute the opinions of those representatives. Staff are not empowered to act on behalf or instead of the Board of Adjustment Committee. 10) Applications must be returned to the Zoning Office by the end of the month prior to the month of the next regular meeting. Board of Adjustment meetings are held the fourth Thursday of each month. Any assistance in the filling out of this application will be provided to you by a representative of the St. Croix County Zoning Office at your request. SIGNED. DATE: pplican ent Owner The section below is to be complet d by the Zoning Office. A Variance/Special Exception use permit is requested as authorized by Section 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 rice". 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 S12ringer Sl2aniels breeding & training, Thomas Meyer, Town of St. Josepin pplication dated 5/12/92, with hearing date 6/25/92. Kennel would not be for boardir offer professional training services. Proposed maximum eight dogs, but dog runs were < ' to shared property lines. Obtained support letter from local veterinarian and town suppo th no opposition by neighbors. Approved with condition for a maximum 8 dogs at any on me. BOA f -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 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. BOA file #3' 94 Brian & Diane Jeppesen personal kennel, Town of St. Joseph. Jeppesens wanted to�archase 10 acres to raise English Setters, proposing to have 8 — 10 adult dogs which re -"red a town kennel license. Town recommended denial due to proposed land divisi uld create a lot sized 350' x 1400' that could not meet 700' from property lines, no certifiod 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.CRO/X COUNTY GOVERNMENT CENTER 2 1 101 CARM/CHAEL ROAD,HUDSON, W1 54016 715-386-4686 FA PZ @CO.SAINT-CROIX.WI.US WWW.00.SAINT-CROIX.WI.. STO CROIX COUNTY PLANNING & ZONING MEMO DATE: January 8, 2010 To: Board of Adjustment Members FROM: Pam Quinn, Zoning Staff Code Administratz 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 F 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 n Re cling decisions. The following is a summary of my findings for your review: "-3s6-4675 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 y holding tank for new construction. Kennel would have been located <700' AMIN111, to shared lot lines. BOA file #86-9 Lazy J Ranch dog_groominq, 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 TL Board approved special exception. Kennel located <700' to shared property lines did not require a variance. ST.CRO/X COUNTY GOVERNMENT CENTER 1 101 CARM/CHAEL ROAD,HUDSON, Wt 54016 715-386 4686 FA PZ @CO_SAINT-CROIX.WI.US WWW.CO.SAINT-CROIX.WI.U' distance om proposed kennel. An appraiser objected and stated anot=er ennee 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 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 2-98 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 ed, board, train and sell hunting dogs. Town supported request, but surrounding land owne were opposed. Applicants did not attend the hearings and subsequently Board denied req t. BOA #SEO Tennessen kennel — Bonnie Tennessen, Town of Glenwood. After the fact special excition and variance requests on 48-acre parcel. Kennel buildings did not meet lot line setba " ' , 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�ilicant from using the property for a permitted purpose. The after-the-fact special except[' n and variance requests were approved with conditions. ST.CROIX COUNTY GOVERNMENT CENTER 4 1 101 CARMICHAEL ROAD,HUDSON, W1 54016 715-386-4686 FA PZ @CO.SAINT-CROIX.WI.US WWW.CO.SAINT-CROIX.WI.U• e ,.::mom u.:s��rzr,.�mww.ca�..irnci.r .;,r�.�.�,e,.•.u� ��:s... �.ie,;;:a. iii„izH�,. n...., -. BOA fil 56-95 Jer Sittlow personal 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 ted." Town supported the kennel application. The Board approved the 9 pp pp pp 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 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 el so as not to be a nuisance to adjacent land owners. BOA# 6 Sharg 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 pproved request with conditions including controlling noise from the kennel so as not to b,, nuisance to adjacent land owners. f BOA filet-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 �enied support due to strong opposition of residents. Testimony from neighbors buildin' house across the road 1700' from proposed kennel objected to request. Neighb `ng land owner objected though no house yet built on property and 1/4 mile ST.CRO/X COUNTY GOVERNMENT CENTER 3 1 101 CARM/CHAEL ROAD, HUDSON, W/ 54016 715-3864686 FA. PZ @CO.SAINT-CROIX.WI.US WWW.CO.SAINT-CROIX.WI.U.' BOA #S (J ,6 pima uv Inn — Johnson/Leverty, Town of St. osep . S'pecia1 excep ion request,- r pet boarding business on a Commercially-zoned property. Board approved with conditi s, no variance was necessary. y� BOA#SE Purr-fect Do Training — Kat Nordby, Town of Emerald. 12-acre CSM lot in Ag Res did, ; 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 r 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. 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 approval for kennel special exceptions. Alternatively, fourteen (14) requests that received support from their Town and from adjacent landowners were approved. ST.CRO/X COUNTY GOVERNMENT CENTER 5 110 1 CARMICHAEL ROAD,HUDSON, Wi 54016 715386,4686 FA PZ @CO.SAINT-CROIX:WI_US WWW.CO.SAINT CROIX.WLU: