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HomeMy WebLinkAbout030-2058-80-100 S ,,ROIX COUNTY WISCONSIN ZONING OFFICE 1 1 N M N N■M■ — rBrnr ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 s (715) 386-4680 FAX (715) 386-4684 March 6, 2002 File Ref: 26-01 Paul Paulson 14 Dry Run Road River Falls, WI 54022 Re: Board of Adjustment Decision Dear Mr. Paulson: The St. Croix County Board of Adjustment has reviewed your request to for a special exception to locate a business, "Mann Valley LLC" in the Town of St. Joseph and has approved your request. The formal decision regarding this request is enclosed. Should you have any questions or concerns, please contact me. Siky,t Zoning Director dz Enclosure cc: Marie Schmit, Clerk - Town of St. Joseph w/enclosure Gary Schoettle, w/enclosure FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 26-01 Complete Application Received: June 15, 2001 Hearing Notice Publication: Weeks of July 9 and 16, 2001 Hearing Date: July 26, 2001 (tabled) Decision Date: January 24, 2002 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and revbwed the site, the Board finds the following facts: 1. The applicant is Paul Paulson, whose address is 14 Dry Run Road, River Falls, WI 54022 The commercial property is located at 50 County Trunk E, Houlton, Wisconsin. 2. An application was made for a special exception to locate a business, "Mann Valley LLC", at this commercial site in the Town of St. Joseph. 3. The property is located in the NW '/4 of the NE '/4, Section 27, T30N-R20W, Town of St. Joseph. 4. The Board of Adjustment found that this request conforms with the requirements granted under Section 17.18(1) of the St. Croix County Zoning Ordinance. 5. The Board finds that granting of this request will not be contrary to the public interest as expressed by the objectives of the ordinance. 6. The Board of Adjustment found that the spirit and intent of the ordinance will be met by granting this permit renewal. 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 to locate a business, Mann Valley LLC", on a commercial site based on the following findings: 1. The Town of St. Joseph has recommended approval of the request. 2. The use is compatible with the surrounding area. 3. By granting the request, the site will be improved, and will bring the commercial property into compliance. 4. There was no opposition to the request. 5. The integrity of the ordinance will be upheld and the spirit and intent of the ordinance will be met by granting the request. With the following conditions: 1. This permit allows the applicant to conduct his excavating business from the property. The existing business known as Custom Embedding Company to continue operation for a period no longer than 12 years from the date of this special permit (January 2014). 2. The applicant shall have the Zoning Administrator review this special exception permit in two years from the approval date for compliance with this approval (January 2004). 3. The performance standards of Chapter 18.17 Commercial District fully apply to this permit. 4. The applicant shall maintain a 40-foot buffer along the east property line, and a 60-foot by 150-foot buffer area on the northeast corner of the property (see exhibit 6). 5. Due to the marginal septic systems and wells in the Houlton area and the presence of fractured bedrock close to the surface, any future uses will be subject to close scrutiny for the purposes of the Private Onsite Wastewater Treatment System (POWTS) permit and inspection. 6. The applicant shall follow the landscaping/screening plan provided to the Zoning Office. All landscaping/screening-associated activities shall be completed by September 15, 2002. (All outdoor storage shall be screened.) 7. The total cumulative signage on the property shall be limited to 100-square feet. The applicant is proposing a 32 square foot sign. 8. The applicant is responsible for maintaining the site according to the approved plans. 9. This permit allows the applicant to maintain a total of 50 cubic yards of earthen materials onsite at any one time. 10. The applicant shall provide an equipment list identifying that equipment to be stored onsite. 11. The hours of operation shall be 6:30 a.m. to 6:30 p.m., Monday though Friday with occasional Saturday business hours. The zoning administrator shall pay close attention to the hours of operation at the two-year review. Any modification to these hours, or increase in the "occasional" Saturday operation, shall require amendment to the special exception permit. 12. This property shall not be used to store construction debris or asphalt/concrete debris. 13. The existing residential structure is nonconforming. All proposed remodeling, additions or alternations to the nonconforming structure must have zoning approval prior to obtaining a local building permit. 14. The applicant shall provide a hard surface (asphalt/concrete) on all interior driving areas within six months of the granting of the permit. 15. No hazardous materials to be stored inside the facilities 16. Security lighting to be installed. Lighting must be illuminated downward and is to be shielded away from neighboring properties. (A light plan may be required, if warranted) 17. Retail sales of products or merchandise is not allowed on the site. 18. The Zoning office is to be notified at the start and the finish of the project. 19. Any minor change or addition to the project, including but not limited to design of the facility, shall require review and approval by the Zoning Administrator and the Land and Water Conservation Department 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. 20. The applicant shall have one (1) year from the issuance of the special exception permit to commence construction. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before construction commences, the applicant will be required to secure a new special exception permit before starting or completing construction on the project. 21. 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: Rose, yes; Peterson, yes; King, yes; Golz, yes; Chairperson Speer, yes. Motion carried. 2 APPEAL RIGHTS appeal in St. Croix County circuit court within 30 Any person aggrieved by this decision may file an app tY 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 II certify that the identity of all persons legally of the appeal period. St. Croix County does not ce fy ty P 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, 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. ZONING B jADJUSTM T Al&�Signed ha Date: 03/06/02 Attest Date: 03/06/02 Zoning Director 3 ST. AOIX COUNTY WISCONSIN ZONING OFFICE ST. CROIX COUNTY GOVERNMENT CENTER M• �__ _� 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680• Fax (715) 386-4686 Case#26-01 February 11, 2002 Paul Paulson 14 Dry Run Road River Falls, WI 54022 Subject: Special Exception Approval for an Excavating Business Dear Mr. Paulson: Your request to conduct an excavating business in the commercial district was approved by the St. Croix County Board of Adjustment at its January 24, 2002 meeting. The special exception allows Mann Valley LLC to operate an excavating business and continue to allow the Custom Embedding Company to conduct its business from the property. A formal written decision will be mailed to you within 45 days. CONDITIONS OF APPROVAL 1. This permit allows the applicant to conduct his excavating business from the property. The existing business known as Custom Embedding Company to continue operation for a period no longer than 12 years from the date of this special permit(January 2014). 2. The applicant shall have the Zoning Administrator review this special exception permit in two years from the approval date for compliance with this approval (January 2004). 3. The performance standards of Chapter 18.17 Commercial District fully apply to this permit. 4. The applicant shall maintain a 40-foot buffer along the east property line, and a 60-foot by 150-foot buffer area on the northeast corner of the property(see exhibit 6). 5. Due to the marginal septic systems and wells in the Houlton area and the presence of fractured bedrock close to the surface, any future uses will be subject to close scrutiny for the purposes of the Private Onsite Wastewater Treatment System (POWTS)permit and inspection. 6. The applicant shall follow the landscaping/screening plan provided to the Zoning Office. All landscaping/screening associated activities shall be completed by September 15, 2002. (All outdoor storage shall be screened.) 7. The total cumulative signage on the property shall be limited to 100-square feet. The applicant is proposing a 32 square foot sign. 8. The applicant is responsible for maintaining the site according to the approved pla ns. 9. This permit allows the applicant to maintain a total of 50 cubic yards of earthen materials onsite at any one time. 10. The applicant shall provide an equipment list identifying that equipment to be stored onsite. 11. The hours of operation shall be 6:30 a.m. to 6:30 p.m., Monday though Friday with occasional Saturday business hours. The zoning administrator shall pay close attention to the hours of operation at the two- year review. Any modification to these hours, or increase in the'occasional' Saturday operation, shall require amendment to the special exception permit. a I 12. This property shall not be used to store construction debris or asphalt/concrete debris. 13. The existing residential structure is nonconforming. All proposed remodeling, additions or alternations to the nonconforming structure must have zoning approval prior to obtaining a local building permit. 14. The applicant shall provide a hard surface(asphalt/concrete)on all interior driving areas within six months of the granting of the permit. 15. No hazardous materials to be stored inside the facilities 16. Security lighting to be installed. Lighting must be illuminated downward and is to be shielded away from neighboring properties. (A light plan may be required, if warranted) 17. No retailing is allowed on site. 18. The Zoning office is to be notified at the start and the finish of the project. 19. Any minor change or addition to the project, including but not limited to design of the facility, shall require review and approval by the Zoning Administrator and the Land and Water Conservation Department 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. 20. The applicant shall have one(1)year from the issuance of the special exception permit to commence construction. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before construction commences, the applicant will be required to secure a new special exception permit before starting or completing construction on the project. 21. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. Please be advised of the Statutory Appeal rights (as described below)of anyone who may be aggrieved by this decision. 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, pursuant to sec. 59.694(l 0), 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,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. If you have questions pertaining to this matter, you can reach me at the number listed above. Sincerely, Rod Eslinger Zoning Specialist Cc: Marie Schmitt, Town clerk 01/24/2002 09:23 17154252464 PAULSON PAGE 02 9 0 MANN VKLLXY EXCAVATING,INC. 305 SOUTH GREEM STREET,#202 STILLWATER,MN 55082 651.439.2433 651- 39-2472 FAX Equipment List Description 1984 Ford Dump Truck 1994 Ford Dump Truck 1993 Terex 2566 Artic Haul Truck 1998 Dynaweld Trailer 1999 Cont. Cargo Trailer 2000 Millennium Trailer 2001 B&L Trailer 1993 Chev C/K 2500 p✓u 2000 Chev C/K 2500 ext plu 1997 Caterpillar crawler 1997 Caterpillar excavator 2000 Caterpillar excavator 2002 Caterpillar excavator 2000 Bobcat roller 2001 T190 Bobcat 2001 753 Bobcat 2001 Caterpillar crawler "EARTHWORK SOLUTIONS SINCE 1989' 01/24/2002 09:23 17154252464 PAULSON PAGE 01 MANN VALLEY CONTRACTING a INC. 14 Dry Run Road River Falls, Wisconsin 54022 (715) 425-2464 FAXTo: 0 • Fax �/, _ „ RE !5e A tdtLe. Page I of pages Date I - -�Z Time Comments: • 1 1 nn w w■■1 1 uw 1■wwwwww�w�l ■ 1 r��wr■wn■wl�l� 1 �! I 1 1 ■II 1■wl mow■-■� �Iwww■■■wwq FROM: PdX61 a v� ' u I f ®Q V 1 77 �,�, 'U 9ss� mad sb r , /. 0 " ul r D — y < ? LM 1 qb `�► ° ° n v 7' c J - LD o u.. o :Z `Q _ y t•''r' 4 CL I O 0.- . 4-- to Q J,? Q 1� J Imp W — � o ED N O I � O o � � N n. BOARD OF AUSTMENTS MEETING AND HEA41NG MINUTES January 24, 2002 The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A role call was made. Julie Speer, Tom Rose, Rich Peterson, Nick Golz and Dick King were present. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist and Grcg Timmerman, Corporation Counsel. Chairperson Speer believes this to be a properly noticed meeting. Motion was made by King second by Golz to adopt the agenda. Motion carried. The Board set the next meeting date as February 28, 2002 and will be held in the County Board Room at the Government Center. The starting time will be 8:30 a.m. Motion by King second by Golz to approve minutes from the December 19, 2001 ith it change on page 4, clarifying sewer line drainage language, and on page 8, should be 12:40 p.m., rather than 12:40 a.m. Rose asked that wording on time frame for the special exceptions be consistent on all permits, stating that all applicants shall have one year...... to act on the Special Exception permit. Eslinger will make sure that wording is consistent. All in favor. Motion carried. CORPORATION COUNSEL REPORT/UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will join the Board for the closed session. UNFINISHED BUSINESS Paul Paulson d.b.a. Mann Valley LLC Eslinger told the Board that this request was tabled at a previous hearing for more information. The request is for a permit to operate an excavating business on property zoned Commercial in the Town of St. Joseph. The applicant has responded to the Board's request for more information, and has provided that information. Eslinger went over the reasons the Board tabled the request, and the responses from the applicant. Staff believes has responded adequately to all concerns of the Board. Eslinger told the Board that the site is somewhat unusual, as it has existing commercial and residential uses on the site, that have been there for many years. The applicant has taken measures to separate the commercial buildings from the residential house on the property by using a berm. Further, the applicant has provided a second access to the property so that the commercial use will enter the property at one access, and the residential at another access. This is detailed in Exhibit 6. The staff believes that the applicant has attempted to better the situation with this proposed request. There is an existing business on the parcel, Custom Embedding, that has operated on the site for over 18 years. It will continue to do so for a period of no longer than 12 years, as stated in Exhibit 9. There is a separate holding tank for the wastewater from Custom Embedding. A DNR permit is required for the holding tank for the wastewater. The applicant will be applying for a permit to replace the tank with a code-compliant holding tank. Eslinger indicated there is additional drainfield capacity to expand the existing septic system currently serving the existing business, per letter submitted by Don Schmitt (Exhibit 7). Eslinger told the Boara-that the proposed sign for the parcel would be approximately 32 square feet in size (Exhibit 12). The ordinance allows up to a 100 square foot sign. The Town of St. Joseph has recommended approval of the special exception request. Eslinger noted that the Planning, Zoning and Parks Committee placed two conditions on the rezoning request for this property, those conditions being placed on Ordinance No. 607(2002), labeled as Exhibit#5, that was passed by the County Board of Super\ isors. Eslinger stated that these two conditions should be considered as part of the Board's conditions, if they grant a favorable decision in this request. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Letter dated August 10, 2001 from the Zoning Department to Mann Valley LLC (Paul Paulson) Exhibit 3: Original Town of St. Joseph letter dated July 11, 2001. Exhibit 4: Letter from the Town of St. Joseph dated January 19, 2002 Exhibit 5: Ordinance No. 607, Rezoning land from Residential to Commercial Exhibit 6: New site plan, showing driveways on the property. Exhibit 7: Letter from Don Schmitt Exhibit 8: Application for the wastewater tank Exhibit 9: Letter regarding Custom Embedding's business Exhibit 10: Certified Survey Map Exhibit 11: Copy of Section 17.18 of the St. Croix County Ordinance Exhibit 12: Copy of drawing of the sign to be put on the property Paul Paulson, being duly sworn, is the applicant. Paulson told the Board that Eslinger had explained things well, and reiterated that they have been working on trying to get this property into compliance with the expectations of the county for a special exception. lie believes that they have already met most of the conditions listed in the staff summary. A question was raised on hours of operation. Paulson responded that they would be 6:30 a.m. to 6:30 p.m., Monday through Friday,with an occasional Saturday. Most of the equipment for the business is kept at the site they are working at, and will not be stored on this parcel. There are no plans to keep a lot of material at the site. Again, most of the materials are kept at the site where they are working. Regarding the residential home on the property, Paulson stated that they plan to do some improvements to the house, and use as a rental. With the screening plans they have for the property, this should help to keep the residential area separated from the commercial area. Paulson has spoken with the neighbors in the area and there were no objections to this proposal. A short discussion was held by the Board. A motion was made by Golz, second by King to approved the request for a special exception to conduct a commercial business in the Commercial District, based on the following findings: 1. The Town of St. Joseph has recommended approval of the request. 2. The use is compatible with the surrounding area. 2 With the following co iitions: qW 1. The applicant shall install silt fence (erosion control measures) prior to commencing grading activities. The silt fence/erosion mat shall remain in place until the site is completely established. 2. The applicant shall follow the plans as approved by the St. Croix County Land and Water Conservation Department. 3. All structures must meet the minimum setback requirements as outlined in the St. Croix County Zoning Ordinance. 4. The applicant shall obtain all necessary approvals from the Wisconsin Department of Natural Resources. This includes all renewals. 5. The applicant shall provide the Zoning Office with the name and phone number of the person responsible for installing and maintaining the erosion control plan. 6. The Zoning office is to be notified at the start and the finish of the project. 7. All grading activities shall be completed before September 15, 2002. S. Any minor change or addition to the project, including but not limited to design of the facility, shall require review and approval by the Zoning Administrator and the Land and Water Conservation Department 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. 9. The applicant shall have one (1) year from the issuance of the special exception permit to commence construction. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before construction commences, the applicant will be required to secure a new special exception permit before starting or completing construction on the project. 10. 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: Golz, yes, King, yes; Peterson, yes; Rose, yes; Chairperson Speer, yes. Motion carried. The Board recessed into closed session pursuant to 19.85(1)(g) conferring with legal counsel on the VoiceStream vs. St. Croix County Case. Reconvene into open session pursuant to Section 19.85(2) Motion by Peterson, second by King to adjourn the meeting at 11:00 a.m. Respectfully submitted: Rich Peterson, Secretary Debbie Zimmerm n, Recording Secretary (Transcribed fron e) 6 O O N C) li ti %) 4A N N O O 1 ' I! C O 'O N CT O N a L C)r j N U p N I L C.O. E2 pO °-m O L_ C) _ N(-) N N f6 Q 3 cp in O E w p Z O O y L O ° E 3 O C z O_0 m C z m 3 (6 O ) 'O 7 t6 0 �j-O i LL C O co N LL C T N 0 O m 3 f9 �O N•C LL O E N C 'a N f0 :E 4) N Q m•E � I U U T M M _ zt N N E W Q.N _0 N z '.. w O :; O c 3 c 2 V `O O O ND N Oy) E E Z N N N N ° ocON ° c ° c�.) 'S a m a m ° � 3cN � N N H Z O U.9 C N N-0 N U N N >+Q N rn O Z C C @ C ° X N 00 N I � N - >.0 NCO N C N Z d C 2 U N. 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OWNER CO-OWNERS) MANN VALLEY LLC PO BOX 2067 STILLWATER,MN 55082 PROPERTY DESCRIPTION SEC 27 T30N R20W NW NE LOT 1 CSM 16/4242 PROPERTY INFORMATION Prggerty Address: 50 CTY RD E Parcel ID: 030x5880100 Municipality: TOWN OF SAINT JOSEPH Alternate ID: School D. tis ruts• 27.10', '291. SCIH DIST OF HUDSON DEED INFORMATION Other Districts: Volume Pace Document#' Section ' Town Range Qtr Qtr Section Qtr Section 1874 554 67641 27 " 30N 20W NW NE 7 415 672690 Lot_: 1 Block: PIM Name CSM 15-4242 030-2002 ' LAND VALUATION yAluation Date: 20070416 TAX INFORMATION Code Acres Land Value Improvements dal G2 2.501 122,400 129,200 251,600 Net TgABefore: 3,423.22 2.501 122,400 129,200 251,600 Lottery Credit: .00 2.501 Total Acres: First Dollar Credit: 62.85 1.1669 &ses ent Ratio: Net Tax After: 3,360.37 Mill Rate 0.013605785 Amt.Due Amt, i Balance Fair Market Value: 215,600.00 Tax 3,360.37 1,680.19 1,680.18 Special Rssmnt .00 .00 .00 Special Chrg .00 .00 .00 INSTALLMENTS Delinquent Chrg .00 .00 .00 Private Forest .00 .00 .00 er End Date Amount Woodland Tax .00 .00 .00 1 01/31/13 1,680.19 Managed',Forest .00 .00 .00 2 07/31/13 1,680.18 Prop.Tax Interest .00 .00 Spec.Tax Interest .00 .00 Prop.Tax Penalty .00 .00' Spec.Tax Penalty .00 .00 Other Charges .00 .00 .00' TOTAL 3,360.37 1,680.19 1,680.18 Over-Payment .00 PAYMENT HISTORY(POSTED PAYMENTS) General Special Date Recut# Source Tvoe Amount Tax Status Assess.Status Interest Penalty 02/01/13 35058 C T 1,680.18 D N .00 .00 1,680.18 02/01/13 35063 C T .01 P N .00 .00 .01