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HomeMy WebLinkAbout032-0268-30-000 ST. .UN 1 Y. Land Use Planning &Land Information St Resource Management Community Development Department March 27, 2015 File Ref: SE88535 Roderick Rivard, et al 287 Old Scout Camp Road Houlton WI 54025 Re: Conditional Use Permit for the establishment of a portable ready-mix concrete plant in the Rivard Quarry pursuant to Section 17.15 (6)(t) Located in Section 12, T3ON,R2OW in the Town of Somerset. Dear Mr. Rivard: The St. Croix County Board of Adjustment(Board)has reviewed your application for a Conditional Use Permit for the establishment of a portable ready-mix concrete plant at the property referenced above. After the hearing on March 26, 2015 the Board approved your Conditional Use request with conditions. The enclosed document is the formal decision regarding the application. Should you have any questions or concerns, please contact me at 715-386-4680. Sincerely, l Ataur4 Alex Blackburn Land Use Specialist/Zoning Administrator Enclosure: Formal Decision cc: Jeri Koester, Somerset Town Clerk, P.O. Box 248,Somerset, WI 54025 Dave Plagenz, Kraemer Company, PO Box 235, Plain WI 53577 File Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, WI 54016 Fax 715.386.4686 www.sccwi.us/cdd www.facebook.com/stcroixcountywi cdd(a co.saint-croix.wi.us Community Development Department Page 2 FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY,WISCONSIN File: SE 88535 Applicant: Roderick Rivard Agent: Dave Plagenz from the Kraemer Company Location: Section 12, T3ON,R2OW in the Town of Somerset. Hearing Notice Publication: March 9 and 16, 2015 Hearing Date: March 26, 2015 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and reviewed the site the Board of Adjustment makes the following Findings of Fact and Conclusion of Law for the Conditional Use; 1. The applicant is Roderick Rivard et al. The agent is Dave Plagenz from the Kraemer Company LLC. 2. The site is located in the SE 1/4 of the NE 1/4 and the NE 1/4 of the SE 1A of section 12,T3ON,R2OW and the SW 1/4 of the SW 1/4 of section 7,T3ON,R19W, in the Town of Somerset. Street address is 302 Old Scout Camp Road. 3. The applicants filed with the Board of Adjustment an application for the temporary establishment of a portable ready-mix concrete plant. 4. A temporary ready-mix plant is allowed with a Conditional Use Permit in the Rural Residential Zoning District. 5. The Town of Somerset has recommended approval of this Conditional Use Permit. 6. This proposed ready-mix plant will be located on the floor of the quarry to minimize the visual and noise impacts. 7. Dust will be controlled with water that is sprayed from a water truck. 8. There will be no odors associated with this temporary ready-mix plant. 9. The ready-mix plant will be installed and operational from May through August of 2016. 10. Hours of operation will be 7 am to 6 pm Monday through Friday. 11. This ready-mix plant is temporary and will be removed when the project is completed. 12. The concrete trucks will travel in a loop fashion in order to minimize backing up. This will be done to reduce the noise from the backup beepers. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein,the Board of Adjustment approves the Conditional Use request with the following conditions; 1. This conditional use permit allows the applicant to have a Temporary Portable Ready-Mix Concrete Plant in accordance with the plans submitted, and as provided in the conditions below. Approval of this conditional use permit does not include any additional grading and filling,tree removal, structures,uses, or other development activities. 2. Prior to locating this concrete plant onsite, the applicants shall secure any other required local, state, or federal permits and approvals. 3. The ready-mix plant shall be located on the floor of the quarry as indicated in the plans. 4. Dust control measures shall be implemented. Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, WI 54016 Fax 715.386.4686 www.sccwi.us/cdd www.facebook.com/stcroixcountywi cdd Pco.saint-croix.wi.us Community Development Department Page 3 5. The temporary ready-mix plant will be installed from May through August of 2016. 6. Hours of operation shall be from 7 am to 6 pm Monday through Friday. 7. The concrete trucks shall travel in a loop fashion as much as possible in order to reduce the noise from the backup beepers. 8. This permit can be extended administratively by staff in order to accommodate delays due to weather or other unforeseen circumstances. 9. These conditions may be amended or additional conditions may be added if unanticipated conditions arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a public hearing. Noncompliance with conditions imposed by the Board shall be grounds for revocation per Section 17.71(6)(a). 10. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision and has no objections if Community Development staff conducts unannounced onsite inspections to check for compliance with the conditions of this permit. 11. Applicants will consult with Community Development staff to schedule a preconstruction meeting. The purpose of this meeting will be for establishing a truck route through the floor of the quarry in order to minimize the noise associated with concrete trucks backing up. The following vote was taken to approve: Chairperson Malick, yes;Nelson,yes; Sonnentag,yes; Niccum, yes; Peterson, yes; All vote yes, motion carries. APPEAL RIGHTS Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within 30 days after the filing date shown below,pursuant to Sec. 59.694(10), Wisconsin Statutes. St. Croix County assumes no responsibility for action taken in reliance on this decision prior to the expiration of the appeal period. St. Croix County does not certify that the identity of all persons legally entitled to notice of the Board of Adjustment proceedings, which resulted in this decision,was provided to the County. 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 the circuit court. ZONING BOARD OF ADJUSTMENT Signed: 1 r- ` ! iN j Clarence W. Malick, Chairperson Date Filed: 03/27/15 Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, WI 54016 Fax 715.386.4686 www.sccwi.us/cdd www.facebook.com/stcroixcountywi cdd@co.saint-croix.wi.us