HomeMy WebLinkAbout030-2059-20-000 t S01 CROIX COUNI is
it A IL
PLANNING &. ZONING
.tune 4, 2007 File Ref: SE0118
" V`< Daniel Thompson
A`%>
12 County Road V
r>»„ Hudson, WI 54016
X_ Re: St. Croix County Special Exception Request
Code Administratit
715-386-4680 parcel#: 27.30.20.567B-10, Town of St. Joseph
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Land Information&_<' Dear Mr. Thompson:
Planning
715-386-4674 :" The St. Croix County Board of Adjustment (Board) has reviewed your special exception
Itra1P request for a Class B bar and restaurant in an existing commercial building in the
� Conunercial District in the Town of St. Joseph. After the hearing on May 24, 2007, the
715 4677 p g Y
Board voted to approve the application with conditions. The enclosed document is the
R - < g formal decision regarding the application.
5-386-4675
Your must obtain any other required local, state, and federal permits and approvals.
Please feel free to contact me with any questions.
Sincerely,
3
ennifer Shillcox
Land Use Specialist/Zoning Administrator
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Eric. Decision
z ' Cc: Albert Severson, property owner
Clerk, Town of St. Joseph
k'k Steve Olson, St. Croix Count Land and Water Conservation Department
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Jeff Durkee, St. Croix County Highway Department
<< Laurie Diaby-Gassama, St. Croix County Health and Human Services
Jeff Abboud, Wisconsin Department of Transportation
I ,:
ST.CROIX COUNTY GOVERNMENT CENTER
1 101 CARMICHAEL ROAD,HUDSON, WI 54016 7153864686FAX
PZPCO.SAINT-CROIX.W/.US W WVV.C O.SAI NT-C ROIX.W.U S
FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY,WISCONSIN
File: SE0118
Applicants: Daniel Thompson, GP Ventures,Inc.,bar and restaurant operator
Albert Severson, B &L Liquors, property owner
Parcel ID #: 27.30.20.567B-10
Complete Application Received: April 2, 2007
Hearing Notice Publication: Weeks of May 7 and 14, 2007
Hearing Date: May 24, 2007
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony,considered the entire record herein,and reviewed the site the Board makes the following
findings of fact and conclusions of law:
1. The applicants are Daniel Thompson,GP Ventures,Inc.,and Albert Severson,property owner.
2. The site is located at 1309 State Highway 35 in the SW '/4 of the NE '/4 of Section 27, T30N, R20W, Town of St.
Joseph St. Croix County, Wisconsin.
3. The applicants filed with the Board of Adjustment an application for a special exception for a bar and restaurant
in an existing commercial building in the Cormne'rcial District pursuant to Section 17.18(1)of the St. Croix
County Zoning Ordinance.
4. This request would not violate the spirit and intent of the St. Croix County Zoning Ordinance. A wine bar and
coffee shop is a reasonable use in the Commercial District, which the property is currently zoned, and would be
compatible with existing adjoining commercial and residential uses in the Houlton area. The site is a gateway to
the Houlton area, located at the intersection of a state and county highway and adjacent to the state bridge that
connects Minnesota and Wisconsin. A trail system is planned for this area in the future when the bridge is re-
routed and the highway is downgraded, which will also bring people to the area and make the site accessible via
other modes of transportation. A wine bar and coffee shop in this location would complement existing businesses,
potentially enhance the appearance of the area, and serve as a gathering place for local residents, workers, and
visitors.
5. With conditions for providing sufficient off-street parking, ensuring that vehicles do not park on the shoulders of
State Highway 35 or County Highway E, maintaining the storm water capacity of the site, and enhancing the
current level of landscaping to improve the appearance of the site as a gateway to the community and scenic trail
area, this request would not negatively impact the health, safety, or welfare of the public,nor would it be
substantially adverse to property values for nearby residences or businesses. According to the applicants,
anticipated traffic is not expected to increase substantially, and different peak traffic times for the existing liquor
store and proposed wine bar and coffee shop will allow for shared use of the parking lot.
6. With conditions for shielding any future light sources to prevent glare onto adjacent properties and for limiting
noise and hours of activity on the site,this request would not constitute a nuisance by reason of noise, dust,
smoke, odor, or other similar factors.The site is surrounded by predominantly commercial uses, and is screened
from existing adjacent residential uses with a wood privacy fence and trees.
7. The existing building, driveway accesses,parking lot, landscaping, lighting, signage, and storm water
management measures were approved as part of the special exception pen-nit and variance request for B & L
Liquor on October 23, 2003. The property owner has complied with all of the conditions of the Board of
Adjustment's prior approval.
8. With conditions for marking the entrance and exit,providing sufficient off-street-parking, ensuring that vehicles
do not park on the shoulders of State Highway 35 or County Highway E, maintaining the storm water capacity of
the site, and enhancing the current level of landscaping along State Highway 35 and County Highway E to
improve the aesthetics of the site as a gateway to the Houlton area and future trail corridor, the standards would be
met to grant the special exception permit for the proposed wine bar and coffee shop pursuant to Section
17.18(1)(a-f) of the St. Croix County Zoning Ordinance.
9. The proposed wine bar and coffee shop would meet several goals and objectives of the St. Croix County
Development.Management Plan including locating commercial development where suitable conditions exist,
pursuing quality of life that will attract and retain quality businesses and employment, promoting the growth of
existing businesses and the development of new businesses in the County, and diversifying the County's
economy.
10. The existing parking lot has 34 off-street painted parking stalls with space for one additional stall to the north,
which will provide sufficient off-street parking to accommodate both the existing retail liquor store and the
proposed bar and restaurant as required by Section 17.57 of the St. Croix County Zoning Ordinance. The required
off-street parking for 3,590 square feet of retail space for the liquor store is 18 parking stalls (1 stall/200 square
feet), and for 900 square feet of patron space for a bar or restaurant is an additional 18 parking stalls (I stall/50
square feet),for a minimum total of 36 off-street parking stalls. Because peak traffic times and duration of stay
will differ for the liquor store and the bar and restaurant, parking can feasibly be shared without the need for re-
striping to add more stalls.
11. The existing building and parking lot meet current road setbacks from State Highway 35 and County Highway E
pursuant to Section 17.60 of the St. Croix County Zoning Ordinance.
12. At the hearing,the applicants testified that no special outdoor events are planned.
13. No signage or additional lighting is proposed for the site as part of this application. St. Croix County is currently
under a six-month moratorium that does not allow new permanent signs to be erected. The moratorium will be
over on July 1,2007, at which time it is anticipated that the County Board will enact new County sign regulations.
Any signage for the business will have to comply with the new sign regulations.
14. The Town of St. Joseph recommends approval of this request with conditions that the County Highway
Department approves the parking plan that has been presented to the town and addresses the need for"no
parking" signs on Highways 35 and E, and that ingress and egress to the parking lot be one way in and one way
out.
15. The St. Croix County Land and Water Conservation Department recommends that the applicants maintain the
storm water retention area, and that if any change occurs to the site in the future that would affect the flow of
storm water. modifications should be made to the retention area accordingly.
16. The St. Croix County Highway Department reviewed the revised parking plans and the Town of St. Joseph's
recommendations regarding those plans. The Department concurs with staff calculations for required parking
stalls and has determined that the existing 34 parking stalls with an average width of 9.5 feet to 10 feet should be
adequate for both the existing liquor store and the proposed bar and restaurant. The Department does not
recommend re-striping the parking lot at this time if the two businesses agree to share the parking area. The
Department also finds the current paved entrances into the parking lot to be wide enough for two-way traffic and
does not desire special one-way ingress and egress. Finally, the Department has verified that it would be willing
2
signs along the shoulders. Conditions will not be amended or added without notice to the applicant and
opportunity for a hearing.
11. Any change in ownership,management, or tenants shall require prior notification to the Zoning Administrator.
Any change in the use of the property; change in the building or facilities; or changes to the approved project
details— including but not limited to additional impervious coverage, signs, lights,tree removal, or lot/access
changes—shall require prior review and approval by the Zoning Administrator to ensure that all Ordinance
requirements are met. The Zoning Administrator may determine that special exception approval is necessary.
12. The applicant shall have two(2)years from the approval of this special exception permit to commence use of the
site for the proposed use. All improvements required by the conditions above must be complete prior to the
opening of the wine bar and coffee shop. Failure to do so shall result in expiration of the special exception permit.
If the special exception permit expires within this timeframe,the applicant will be required to secure a new
special exception permit.
13. Accepting this decision means that the applicants and all tenants have read, understand, and agree to all conditions
of this decision.
The following vote was taken to approve: Nelson, yes; Struemke, yes; Chairperson Malick, yes. Luckey and McAllister
were not present.
APPEAL RIGHTS
Any person aggrieved by this decision may file an appeal in St.Croix County circuit court within 30 days after the filing date
shown below, pursuant to Sec. 59.694(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 al l
persons legally entitled to notice of the Board of Adjustment proceedings,which resulted in this decision,was provided to the
County.
If an appeal is taken of this decision, it is the responsibility of the appellant to submit at his/her expense a transcript of the
Board of Adjustment proceedings to the circuit court. The Planning and Zoning Department can be contacted for information
on how to obtain a transcript. It is the responsibility of the Board of Adjustment to submit its record (tile)of this matter to t
circuit cow-t.
ZONING BOARD OF ADJUSTMENT
Signed: a �
Date Filed: 06/04/07 Clarence W.Malic ,Chairperson
4
to install parking signs along Highways 35 and E only if there is a documented problem and the town makes a
request for the signs.
17. The Wisconsin Department of Transportation has reviewed the plans and has no comments for the Board's
consideration.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the special
exception request,with the following conditions:
1. This special exception permit allows the applicants to operate a wine bar and coffee shop under a Class B liquor
license which also allows for the sale of beer and distilled spirits in an existing commercial building in the
Commercial District as indicated in the plans submitted and as provided in the conditions below. Approval for
this special exception permit does not include any additional uses, structures, special events, or other activities not
indicated in the plans.
2. Prior to commencing use of the site for a wine bar and coffee shop,the applicant shall be responsible for securing
all necessary local, state, and federal permits and approvals, including but not limited to any other required
permits or licenses from the Wisconsin Department of Commerce. The applicant shall also provide to the Zoning
Administrator documentation that the existing sanitary system is adequate for the proposed use.
3. The applicants shall be responsible for maintaimug sufficient off-street parking and storm water management
measures throughout the duration of the business, and may be required to provide additional parking and no
parking signs along Highways 35 and E per Condition #10 below.
4. All lights on the site and on buildings must be downward directed and shielded away from neighboring
properties to prevent glare. Only lights on the building or building overhangs at a level not to exceed the height of
the lowest eaves may be left on overnight for security purposes.
5. No signs are approved as part of this permit. Any future signage stall require prior review and approval by the
Zoning Administrator pending the new County sign regulations.
6. Regular hours of operation shall not extend beyond 10:00 AM and 1:00 AM.
7. Upon complaints of regularly occurring, excessively loud noise at any time, the applicant shall work with the
Zoning Administrator to abate the noise problem. In the event that the matter cannot be resolved administratively.
the applicant shall take the matter before the Board of Adjustment at a public hearing.
8. All buildings and property shall be maintained in a neat and orderly manner, with no outside storage.
9. The applicant shall contact the Zoning Administrator to review this special exception permit in two years from the
approval date (May 2009)for compliance with the conditions of this approval.
10. These conditions may be amended or additional conditions may be added to address complaints or unanticipated
circumstances that would affect the health, safety. or general welfare of citizens or degrade the natural resources
of St. Croix County. Such circumstances may include but not be limited to patrons parking on Highways 35 and E
and causing traffic problems that necessitate additional off-street parking and/or the installation of"no parking'
3
signs along the shoulders. Conditions will not be amended or added without notice to the applicant and
opportunity for a hearing.
11. Any change in ownership,management,or tenants shall require prior notification to the Zoning Administrator.
Any change in the use of the property; change in the building or facilities; or changes to the approved project
details— including but not limited to additional impervious coverage, signs, lights,tree removal, or lot/access
changes—shall require prior review and approval by the Zoning Administrator to ensure that all Ordinance
requirements are met. The Zoning Administrator may determine that special exception approval is necessary.
12. The applicant shall have two (2)years from the approval of this special exception permit to commence use of the
site for the proposed use. All improvements required by the conditions above must be complete prior to the
opening of the wine bar and coffee shop. Failure to do so shall result in expiration of the special exception permit.
If the special exception permit expires within this timeframe,the applicant will be required to secure a new
special exception permit.
13. Accepting this decision means that the applicants and all tenants have read, understand, and agree to all conditions
of this decision.
The following vote was taken to approve: Nelson, yes; Struemke,yes; Chairperson Malick, yes. Luckey and McAllister
were not present.
APPEAL RIGHTS
Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within 30 days after the filing date
shown below,pursuant to Sec. 59.694(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. The Planning and Zoning Department can be contacted for information
on how to obtain a transcript. It is the responsibility of the Board of Adjustment to submit its record(file)of this matter to t
circuit court.
ZONING BOARD OF ADJUSTMENT
Signed:
Date Filed: 06/04/07 Clarence W.Malic ,Chairperson
4
ST
COUNff
0 CROIX AA IL
PLANNING & ZONING
March 17, 2008 File#: SE0118
Daniel Thompson
1312 County Road V
»'<» Hudson, WI 54016
; ;
i Re: Request to Change Hours—St. Croix County Special Exception Permit
Parcel#: 27.30.20.567B-10 Town of St.Joseph
"'' Dear Mr. Thompson,
Code Adminis trati � p '
715-386-4680
I am writing in response to your request to change the general hours of operation at your bar and
Land Information restaurant at the property referenced above. Specifically, you have requested to start your
Planning business three hours earlier than had originally been approved by the St. Croix County Board of
715-386-4674., Adjustment per Condition#6 of your special exception permit(7 AM rather than 10 AM). I
`V have reviewed your request with our Code Administrator,and we have determined the
Real P requested change to be minor and reasonable. It is consistent with the general hours of similar
715 -4677 business operations in commercial districts and we don't anticipate additional traffic or parking
R cling issues resulting from opening the business three hours earlier.While minor changes are
-386-4675 generally subject to administrative review and approval,we want to give the Town of St.Joseph
an opportunity to weigh in. The reason for this is that in the Commercial District, any use
requires the approval of the affected town.
3. As a result, we are granting administrative approval subject to town review. We will alert the
Town of St.Joseph and give the Town Board time to notify us if it has any concerns. In the
event that it does have concerns,we will have to bring the matter back before the St. Croix
County Board of Adjustment(Board)as an amendment.If this is the case,you will be required
to apply for an amendment to your permit and pay the associated re-advertising fee. We would
then schedule a public hearing with the Board. This would be an appropriate time for you to
look at any other potential
changes to your business so that you coul d b ri n g them all before the
Board at once.
Please be advised that, with this administrative approval, you will not be able to begin at earlier
hours until AFTER the Town Board has had an opportunity to review the hour change and
notify staff that it has no concerns. I will inform you of the Town Board's feedback
immediately upon receiving it. Feel free to contact me with any questions or concerns.
Sincerely,
V
Opp-
JennAff Shillcox
fr>, Land Use Specialist
Cc: Clerk, Town of St.Joseph
Kevin Grabau, St. Croix County Code Administrator
ST.CRO1X COUNTY GOVERNMENT CENTER
1101 CARMICHAEL ROAD,HUDSON, W1 54016 7153864686 FAX
PZPCO.SA1NT-CR01X.W.US W W W.CO.SAI NT-CROIX.WI.US