HomeMy WebLinkAbout030-2058-95-000 ST. CROIX COUNTY
WISCONSIN
------N�.. +� ZONING OFFICE
? - ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680 • Fax (715) 386-4686
December 19, 2003 File Ref: 38-03
Albert Severson
369 Highway 35
Houlton, WI 54082
Re: Board of Adjustment Decision
Dear Applicant:
The St. Croix County Board of Adjustment has reviewed your request for a 50-foot variance from
the 100-foot road right-of-way setback to State Highway 35, a variance to the required parking
requirements and a special exception use permit to expand B & L Liquor and has approved your
request. The formal decision regarding this request is enclosed.
Should you have any questions or concerns,please contact me.
Sincere ,
Steve Fisher
Zoning Director
dz
Enclosure
cc: Marie Schmitt, Clerk, Town of St. Joseph,w/enclosure
Mark Lewis,w/enclosure
Tom Hubbard,ACA Engineering,w/enclosure
FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST.CROIX COUNTY,WISCONSIN
Case: 38-03
Owner/Agent Albert Severson/Mark Lewis(B&L Liquor)
Complete Application Received: September 15,2003
Hearing Notice Publication: Weeks of October 6 and 13,2003
Hearing Date: October 23,2003
FINDINGS OF FACT AND CONCLUSIONS OLAW
Having heard all the testimony,considered the entire record herein, and reviewed the site,the Board
finds the following facts:
1. The applicant is B&L Liquor. The site address is 1369 Highway 35,Houlton,WI 54082.
2. The property is located in the NW '/4 of the NE 1/4, Section 27, T30N-R20W, Town of St.
Joseph.
3. An application was made for a special exception permit to expand an existing commercial
business known as B&L Liquor.
4. The Town of St. Joseph has recommended approval of the request.
5. The plans for the expansion of the business have been designed by professional engineers.
6. The LWCD has reviewed and approved the plans for the project.
7. The Department of Transportation has approved of the request.
8. The Board finds that the applicant will be improving the existing commercial site.
9. The Board finds that there is a hardship in this case, as there is nowhere on the site that a
building could be located without a variance to the road setbacks. By granting the variance,
the applicant will be making the structure less non-conforming by physically moving the
building further back on the property.
10. The Board finds that a variance to the required number of parking spaces should be granted,
and that 26 parking spaces will be required rather than 50. The nature of the business does
not require that a large number of parking spaces is needed. The applicant is willing to put
up signage to alleviate the park and ride issue and to prohibit selling of vehicles from the
property.
11. There was no opposition to the request.
12. The Board of Adjustment finds that the request conforms with the requirements granted
under Section 17.18(1)(e) and 17.64(l)(b)2 of the St. Croix County Zoning Ordinance,
and the spirit and intent of the ordinance would be met.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board
approved the applicants' request for a 50-foot variance from the road right-of-way of STH 35, a
variance to the parking requirements and a special exception use permit to expand B & L Liquor
with the following conditions:
1. This permit allows B and L Liquor to construct a 10,000 square foot building and
improvements as designed and approved.
2. Before this permit is valid,the applicant shall address the LWCD concerns listed in an
email dated October 17, 2003.
3. A financial guarantee equal to 120%of approved construction estimates must be
submitted in favor of St. Croix County, to be held by the Zoning Office for the erosion
control and grading activities (to ensure proper construction). The initial financial
guarantee period may be for a minimum of one year and shall automatically renew until
the county releases any or all of the financial guarantee.
Written estimates must be submitted to the Zoning office for review and approval.
• No construction, including earth moving, shall take place prior to approval of the
financial guarantees
The applicant shall have the engineer submit proof that the plans were installed as
approved. This document can be submitted in the form of an as-built or other
document that county staff can review to ensure the plans were installed in
accordance with the original design.
• Upon substantial completion of all required improvements,the applicant shall
notify the County Zoning Administrator of the completion of the improvements in
writing. The County Zoning Administrator, in consultation with appropriate
experts, shall inspect the improvements.
• The County may retain a portion of the guarantee, for a period not to exceed two
years after final acceptance of an improvement to ensure the project has been
stabilized,this amount is not to exceed 15% of the cost of the improvement
(erosion control and grading activities).
4. The applicant must record a storm water management plan and a drainage easement for
the permanent storm water control structures against the deed for the property. The
applicant is responsible to provide a recorded copy to the Zoning Office within 60 days of
the completion of the project. The intent is to make the current and future owners aware
of the responsibilities associated with the storm water management plan as well as the
limitations (filling, grading, etc.)the landowner incurs as a result of the plan.
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 parking lot shall not be used as a park and ride. The owner is responsible to monitor
this situation. A"customer only" sign is to be placed on the premises. Selling vehicles
from the property is not allowed.
7. The applicant must secure a sanitary permit from the County and a building permit from
the town before commencing construction.
8. Applicant to maintain proper state licensing to operate the business.
9. The property shall be kept in a neat and orderly manner.
10. The cumulative onsite signage advertising the business shall not to exceed 100 square
feet, and maximum height of 35 ft. This sign must be located a minimum of 10 ft. from
all property lines. Any other signage must be approved by the zoning department and
must strictly adhere to the St. Croix County Sign Ordinance.
11. This approval does not include storage of hazardous materials onsite.
12. All outside storage must be screened.
13. The applicant is to maintain and/or replace the existing privacy fence along the
2
the northwest corner
Now
boundary• race along owners to the
commercial property . additional black hills spruce Prop
erty
provide three screening from the residential p p
The applicant shall p Privacy storm and sanitary
14•
of the property to provide p ��water,
telephone, g derground[sec.
north• electric,cable television, volts,shall be
All utilities,including d is to be
15. t electric power lines exceeding
sewers,except illuminated downward and
Lighting must be ilium TnaY be required,
17.18 (1)(f)4•� building,slgnage,
lighting to be installed. Ll A light plan including
Security sigh boring properties. ( e roject,
16. neigh or expansion of th p din some circumstances
shielded away from in use, administrator an
e or addition) the zoning where applicable, as stated in the
17. Any Chang ( royal by
wire review and approval
approval process, erinit to
shall require Special Exception exception p
through the Sp Ce of the special excep
year from the issuance the special ecial
ordinance• commences,
the
li .ant shall have one(1)y before business Comm or
The a p allure to do so shall re in evocation o starting
18• Th p exception permit expires ennit before
commence the business• F special excep special exception p
exception permit• If the sp
aired to secure a new sp
applican t will be req be added if unanticipated
the prOl�t' of citizens or degrade the
completing a be amended or additioand/or of tY s may
These conditions Ma! ld affect the health swill not be amended or added without
19. Se that wou Condition
conditions arise Croix Coui'tY' and agrees to all
d an oppOrMmty for a hearing understands,
natural resources
cant an licant has e ultimately
notice to the app means that the app approval the owner(s) ar
Accepting this decision m By
accepting this app approval.
20. Golz,Yes;
conditions of thisomplsion. eS. Peterson,yes
o decision.
with the conditions of this ap
responsible f requests' Marzolf,y
taken to approve of the
The following vote was Motion carried'
Vice Chairperson Krueger,Yes.
appeal in St. Croix Co'mtY
circuit cow within
ion may file an app 59.694(10)
Wisconsin onrior to the
s
decision on this decision p
Any person aggrieved b athi shown below, pursuant to sec reliance of all persons
30 days after the filing onsibility for action taken m that the identity s derision,
s no resp does not certi�which resulted in
Croix County assume period. St. Croix county nt proceeding
expiration of thto notice of the Boar of Adjustor
legally entitled ellant to submit at his/her
was provided to the County responsibility of the app• which is available
it is the resp s to the circuit court of the Board of
en of this decision, ent proceeding onsibility
If an appeal is taken It is the resp
t of the Board of p'Hudson, Wisconsin•
expense a transcrip Court eporters, after to the circuit court-
expense
Northwestern R file of this m
Adjustment to submit its record( )
3
ZONING OF AD MENT
Signed
Chairpe
Dated: 12/19/03 Attest
Filed: 12/19/03 -26nKgbiret
4
a
January 20,2004
Page 2
Should you have any questions, please contact me at 715-836-3905 or 1-800-991-5285.
Sincerely,
Diane Schermann
Access Management Coordinator
cc: Al Syverson, Property Owner
Thomas Healy, Surveyor
Kathleen Walsh, St. Croix Co. Register of Deeds
Steve Fisher, St. Croix Co. Zoning
Brian Halling, St. Croix Co. Surveyor
Marie Schmitt, St.Joseph Town Clerk
Bonnie Tripoli, WisDOT C.O.Access Coordinator
��a��,titineu>1aw'h'o
-Wisconsin Department of Transportation
Transportation District 6
718 West Clairemont Avenue
Eau Claire WI 54701-5108
Phone: (715)836-3905
Fax: (715)836-2807
eauclai re.dtd @ dot.st
January 20, 2004 r RECEIVED
DAN HEDRINGTON
JAN 2 ;3 2004
ACA s-f..c�zo,r,;�o:IN,
406 TECHNOLOGY DRIVE EAST zoh�Ne o=F cE
MENOMONIE WI 54751
Subject: DOT File No.: 55-35-3892-2004
B&L Liquor CSM
Town of Saint Joseph
Saint Croix County
STH 35
Log#:74
Dear Dan Hedrington
The completed subject land division documents were received by the Wisconsin Department of Transportation on
January 12, 2004.
The Wisconsin Department of Transportation has considered this plat in the light of the Rules and Regulations
Governing Division of Land Abutting A State Trunk Highway or Connecting Highway, Chapter TRANS 233,
Wisconsin Administrative Code, promulgated under authority of Section 236.13(1)(e)and 86.07(2),Wisconsin
Statutes.
The Department of Transportation does not object to the subject final certified survey map as submitted and so
approves in accordance with the provisions of Chapter TRANS 233,Wisconsin Statutes Administrative Code.
Prior to recording this document please place the following DOT approval number on the face of the document: 55-
35-3892-2004. The restrictions stated in TRANS 233 apply to all property owned by the platter(platted and
unplatted lands per 233.02(3)(b)). Please send a copy of the RECORDED Certified Survey Map to this office.
The Wisconsin Department of Transportation has granted a Special Exception to Trans 233 for one commercial
driveway access, as shown on the CSM. Additional land divisions,change in land use, or future highway project(s)
may require a public road intersection or relocation of the driveway to an alternative public road at the discretion of
the Department.
Anyone has the right to appeal the district's decision. Anyone wishing to do so must send the request for the
appeal along with a copy of this letter describing the decision,and reasons for the request to Ron Nohr, Bureau of
Highway Development,4802 Sheboygan Avenue Rm.651 m PO Box 7916, Madison WI 53707-7916. Said
information must be mailed within 20 days of the date of this letter. Notification of receipt of the request for the
appeal will be sent to the appellant, submitter(if different than appellant),owner,the municipality,county and the
district. The Department will then review the decision with any new information and inform all of the above-
mentioned parties of the final decision within 60 days of the receipt of the appeal.
RECEIVED
CERTIFIED SURVEY MAP JAN 12'2004
LOCATED IN PART OF THE NW 1/4 OF THE NE 1/4 OF D I" • 6
SECTION 27,T30N,R20W,TOWN OF ST.JOSEPH,ST.CROIX
COUNTY,WISCONSIN,BEING LOTS 14,15,PART OF LOTS 13
AND 16 OF BLOCK 7 OF THE PLAT OF HOULTON. SURVEYOR:
THOMAS,M.HEALY
S&N LAND SURVEYING,INC.
2920 ENLOE STREET
HUDSON,WI 54016
PREPARED FOR:
ALBERT SYVERSON
136314TH STREET
HOULTON,WI 54062
D.O.T.NOTES PER TRANS 233
ACCESS RESTRICTION NOTE:
ALL LOTS AND BLOCKS ARE HEREBY RESTRICTED SO THAT NO OWNER,POSSESSOR,USER,LICENSEE,OR OTHER PERSON MAY HAVE ANY
RIGHT OF DIRECT VEHICULAR INGRESS FROM OR EGRESS TO ANY HIGHWAY LYING WITHIN THE RIGHT-OF-WAY OF S.T.H.35 AND ALONG
C.T.H.E FOR A MINIMUM DISTANCE OF 160 FEET FROM TRAVEL WAY OF S.T.H.35;IT IS EXPRESSLY INTENDED THAT THIS RESTRICTION
CONSTITUTE A RESTRICTION FOR THE BENEFIT OF THE PUBLIC AS PROVIDED IN S.236.293,STATS.,AND SHALL BE ENFORCEABLE BY THE
DEPARTMENT OF ITS ASSIGNS.ANY ACCESS SHALL BE ALLOWED ONLY BY SPECIAL EXCEPTION.ANY ACCESS ALLOWED BY SPECIAL
EXCEPTION SHALL BE CONFIRMED AND GRANTED ONLY THROUGH THE DRIVEWAY PERMITTING PROCESS AND ALL PERMITS ARE
REVOCABLE.
ACCESS CONTROL NOTE:
THE WISCONSIN DEPARTMENT OF TRANSPORTATION HAS GRANTED A SPECIAL EXCEPTION TO TRANS 233 FOR ONE COMMERCIAL DRIVEWAY
ACCESS,AS SHOWN ON THIS MAP. ADDITIONAL LAND DIVISIONS,CHANGE IN LAND USE,OR FUTURE HIGHWAY PROJECT(S)MAY REQUIRE A
PUBLIC ROAD INTERSECTION OR RELOCATION OF THE DRIVEWAY TO AN ALTERNATIVE PUBLIC ROAD AT THE DISCRETION OF THE
DEPARTMENT.
HIGHWAY SETBACK LINE NOTE:
NO IMPROVEMENTS OR STRUCTURES ARE ALLOWED BETWEEN THE RIGHT-OF-WAY LINE AND THE HIGHWAY SETBACK LINE.IMPROVEMENTS'
AND STRUCTURES INCLUDE,BUT ARE NOT LIMITED TO SIGNS,PARKING AREAS,DRIVEWAYS,WELLS,SEPTIC SYSTEMS,DRAINAGE FACILITIES,
BUILDINGS AND RETAINING WALLS.IT IS EXPRESSLY INTENDED THAT THIS RESTRICTION IS FOR THE BENEFIT OF THE PUBLIC ACCORDING TO
SECTION 236.293,WISCONSIN STATUTES AND SHALL BE ENFORCEABLE BY THE DEPARTMENT OF TRANSPORTATION OR ITS ASSIGNS.
CONTACT THE WISCONSIN DEPARTMENT OF TRANSPORTATION DISTRICT OFFICE FOR MORE INFORMATION.THE PHONE NUMBER MAY BE
OBTAINED BY CONTACTING YOUR COUNTY HIGHWAY DEPARTMENT.
NOISE NOTE:
THE LOTS OF THIS LAND DIVISION MAY EXPERIENCE NOISE AT LEVELS EXCEEDING LEVELS IN S.TRANS 405.04,TABLE 1.THESE LEVELS ARE
BASED ON FEDERAL STANDARDS.THE DEPARTMENT OF TRANSPORTATION IS NOT RESPONSIBLE FOR ABATING NOISE FROM EXISTING
STATE TRUNK HIGHWAYS OR CONNECTING HIGHWAYS,IN THE ABSENCE OF ANY INCREASE BY THE DEPARTMENT TO THE HIGHWAY'S
THROUGH-LANE CAPACITY.
VISION CORNER NOTE:
NO STRUCTURE OR IMPROVEMENT OF ANY KIND IS PERMITTED WITHIN THE VISION CORNER. NO VEGETATION WITHIN THE VISION CORNER
MAY EXCEED 30 INCHED IN HEIGHT.
UNRECORDED COPY
THIS INSTRUMENT DRAFTED BY:WES ANDERSON
JOB NO.232-004 DATE:9/24/2003 REVISED:10/2/03 SHEET 2 OF 3 SHEETS
CERTIFIED SURVEY MAP f%4r0py
LOCATED IN PART OF THE NW 1/4 OF THE NE 1/4 OF
SECTION 27,T30N,R20W,TOWN OF ST.JOSEPH,ST.CROIX
COUNTY,WISCONSIN,BEING LOTS 14,15,PART OF LOTS 13
AND 16 OF BLOCK 7 OF THE PLAT OF HOULTON. N
N1/4 COR. DOT# z
SEC.27 NW COR.OF NE COR. 0
�-- BLOCK 7 S89°38'38"E 2656.69' SEC.27 u�
32.90 — — — — —2623.79'
S89°3&38"E L NORTH LINE OF THE NE 1/4 OF SEC.27
- � S89°38'38"E
-------- -
- ------------S89°3838'E 200. 0 z
50.001 w
O
I�•- \�I ---- ~
� I - - - - - - 150.00'- - _
CAUTION-HIGHWAY NORTH LINE NW COR.CSM U
SETBACK RESTRICTIONS OF LOT 13 VOL.15,PG.4242 m z
PROHIBIT IMPROVEMENTS. aO ' 9 pSS
I — w SURVEYOR:
M I - THOMAS,M.HEALY
\ r2- - - - - - - - - - - - — wM S&N LAND SURVEYING,INC.
z 2920 ENLOE STREET
SOUTH LINE OF THE S O HUDSON,WI 54016
NORTH 40'OF LOT 16 8
$\. I S89 038'38"E 150.00' z ��O PREPARED FOR:
2Q\ ALBERT SWERSON
I 130.75' 136314TH STREET
rTH 5' I HOULTON,WI 54082
.—VARIABLE W _L @u_ _@_
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:3 C9
EXISTING I N I V I
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NI I I M �I d
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— — \\ . •...••••.... SOUTH LINE
151.58' 48.42' .jjOF BLOCK 7
SW CORNER N89 0381 38" . 200.00' AREA INCLUDING R-O-W:
OF BLOCK 7 \.,--VISION CORNER LINE 1.22 ACRES
EDGE OF �o�a W o \ 53,224 SQ.FT.
TRAVELED WAY cD AREA EXCLUDING R-U-W
0.99 ACRES
120' 43,109 SO.FT.
EXCLUDING R/W
LEGEND
SCALE IN FEET 1" = 50'
FOUND ALUMINUM COUNTY SECTION
CORNER MONUMENT
50 0 50 0 FOUND 1"OUTSIDE DIAMETER IRON PIPE
O SET 1"OUTSIDE DIAMETER BY 18"LONG IRON
THIS INSTRUMENT DRAFTED BY:WES ANDERSON PIPE,WEIGHING 1.13 LBS.PER LINEAR FOOT
JOB NO.232-004 DATE:9/24/2003 REVISED:10/2103 SHEET 1 OF 3 SHEETS
1
CERTIFIED SURVEY MAP opy
LOCATED IN PART OF THE NW 1/4 OF THE NE 1/4 OF
SECTION 27,T30N,R20W,TOWN OF ST.JOSEPH,ST.CROIX
COUNTY,WISCONSIN,BEING LOTS 14,15,PART OF LOTS 13
AND 16 OF BLOCK 7 OF THE PLAT OF HOULTON. SURVEYOR:
THOMAS,M.HEALY
S&N LAND SURVEYING,INC.
c 2920 ENLOE STREET
HUDSON,WI 54016
PREPARED FOR:
ALBERT SYVERSON
SURVEYOR'S CERTIFICATE 138314TH STREET
HOULTON,WI 54082
I,Thomas M.Healy,Registered Wisconsin Land Surveyor,hereby certify:
That I have surveyed,divided and mapped that part of the Northwest Quarter of the Northeast Quarter;Section 27,Township 30 North,
Range 20 West,Town of St.Joseph,St.Croix County,Wisconsin,being all of Lots 14 and 15,part of Lots 13 and 16,of Block 7,of the
Plat of Houlton,described as follows:
Commencing at the north quarter comer of said Section 27;thence South 89 degrees 38 minutes 38 seconds East,assumed bearing,
along the north line of the Northeast Quarter of said Section 27,a distance of 32.90 feet to the northwest comer of said Block 7;thence
South 00 degrees 07 minutes 37 seconds West,along the west line of said Block 7,a distance of 970.00 feet;thence South 89 degrees
38 minutes 38 seconds East,a distance of 200.00 feet to the northwest comer of that certain Certified Survey Map recorded in Volume
15,Page 4242,on file in the Register of Deeds Office,St.Croix County,Wisconsin and the point of beginning;thence South 00 degrees
07 minutes 37 seconds West,along the west line of said Certified Survey Map,a distance of 332.50 feet to the south line of said Block 7;
thence North 89 degrees 38 minutes 38 seconds West,along said south line,a distance of 200.00 feet to the southwest comer of said
Block 7;thence North 00 degrees 07 minutes 37 seconds East,along said west line of Block 7,a distance of 244.00 feet to the south line
of the north 40.00 feet of said Lot 16;thence South 89 degrees 38 minutes 38 seconds East,along said south line,a distance of 150.00
feet to its intersection with the west line of said Lot 13;thence North 00 degrees 07 minutes 37 seconds East,along said west line,a
distance of 88.50 feet to the north line of said Lot 13;thence South 89 degrees 38 minutes 38 seconds East,along said north line,a
distance of 50.00 feet to the point of beginning. Containing 1.22 acres more or less.
Subject to public road easements over,under and across that part taken by State Trunk Highway 35 and County Trunk Highway E and all
other easements and restrictions of record,if any.
That I have made such survey by the direction of AI Syverson,owner of said land.
That such is a correct representation of all of the exterior boundaries of the land surveyed and the subdivision thereof made.
That I have fully complied with the provisions of Chapter 236.34 of the Wisconsin Statutes and the subdivision regulations of the Town of
St.Joseph and St.Croix County,in surveying,dividing and mapping the same.
Thomas M.Healy,S-2546
Date:October 2,2003 UNRECORDED COPY
Each parcel shown on this map is subject to State,County and Township laws,rules and regulations(i.e.wetlands,minimum lot size,
access to parcel,etc.). Before purchasing or developing any parcel contact the St.Croix County Zoning Office and the Town of St.
Joseph for advice.
This map shows the consolidation of existing lots Into one lot. No new lots have been created by this Instrument.
Approved on by ,Zoning Department.
THIS INSTRUMENT DRAFtED BY:WES ANDERSON
JOB NO.232-004 DATE:9/24/2003 REVISED:10/2/03 SHEET 3 OF 3 SHEETS
7A