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ST. CROIIX ~QUNTY Lana Use
Planning & Land Information
Resource Management
Community Development Department
April 23, 2015 File Ref: SE 88547
Joseph Welter
929 Coulee Trail
Hudson WI 54016
Re: Conditional Use Permit for a Contractors Storage Yard pursuant to Section 17.15 (6) (d)
of the St Croix County Zoning Ordinance. Located in Section 7, T28N, R18W in the Town of
Kinnickinnic.
Dear Mr. Moelter:
The St. Croix County Board of Adjustment (Board) has reviewed your application for a Conditional
Use Permit for a Contractors Storage Yard at the property referenced above. After the hearing on
April 23, 2015 the Board has approved your request. The enclosed document is the formal decision
regarding the applications.
Should you have any questions or concerns, please contact me at 715-386-4680.
Sincerely,
AX N14JIWW%
Alex Blackburn
Land Use and Conservation Specialist
Enclosure: Formal Decision
cc: Clerk, Town of Kinnicknnic
File
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Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, WI 54016 Fax 715.386.4686
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Community Development Department Page 2
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File: SE88547
Applicant: Joseph Moelter
Location: Section 7, T28N, R1 8W in the Town of Kinnickinnic
Hearing Notice Publication: April 6 and 13, 2015
Hearing Date: April 23, 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 Conclusions of Law for the Conditional Use
Permit.
1. The applicant and property owner is Joseph Moelter.
2. The site is located in the NE'/4 of the SW r/4 of Section 7, T28N, R18W, Town of Kinnickinnic,
St. Croix County.
3. The applicants filed an application with the Board of Adjustment for a Conditional Use Permit
for a Contractors Storage Yard pursuant to Section 17.15(6)(d) of Chapter 17, Zoning of the St.
Croix County Land Use and Development Code of Ordinances.
4. This operation is in compliance with Section 17.15 (6)(d) since it is screened by trees on the
north, south and east sides. The house to the west is screened by trees on their property. In
addition, all of the equipment will be stored indoors.
5. The lighting on the building will be directed downwards.
6. Vehicles and equipment that are being stored or worked on will be on concrete to contain any
fluid leaks
7. Fertilizers, pesticides and automotive fluids will be stored on shelves that are placed on the
concrete floor.
8. This request meets the ordinance section 17.70 (7) Conditional Uses since it would not be
contrary to the public interest and would not be adverse to property values in the neighborhood.
This request is sufficiently screened and far enough from neighboring houses so it will not be a
nuisance for noise, dust smoke or odors.
9. There will be no retail sales of products occurring on the site.
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. Approval of a conditional use permit request allows the applicant to operate a contractors'
storage yard in the Rural Residential district. This approval does not include any additional
structures, services, operations, or employees not indicated in the approved plans.
2. The applicant shall secure all necessary permits and approvals from the Town of Kinnickinnic
and obtain any other required local, state, or federal permits and approvals.
3. Hours of operation shall be from 7:00 a.m. - 5:00 p.m. Monday through Friday.
4. The applicant shall be responsible for keeping the property in a neat and orderly manner.
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Community Development Department Page 3
5. All lighting associated with the business shall be illuminated downward and shielded away
from neighboring properties.
6. No manufacturing, retail services, or other business services shall take place on this site.
7. All equipment and vehicles shall be placed on concrete when being serviced or stored. All
fertilizers, pesticides, vehicle fluids and any other toxic substances shall be stored on concrete.
8. All equipment is to be stored overnight inside the buildings.
9. Any minor change or addition to the project, including but not limited to hours of operation,
shall require an amendment of the Conditional Use Permit.
10. These conditions may be amended or additional conditions may be added if unanticipated
circumstances 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 hearing.
11. Any new owners of the property must adhere to the standards and conditions of the approved
conditional use permit. Any change or additional use of the property, buildings, and/or
business; or modification or addition to the property, building, or facilities; or changes to the
current project details shall require prior review by the Zoning Administrator to determine if
the use may be allowed or if an amendment to the approval is necessary.
12. The conditional use decision applies to the property rather than to the individual, is valid for the
specific premises, and is not transferrable to other properties per Article VII Section 4 of the
Board of Adjustment Rules.
13. Accepting this decision means that the applicant has read, understands, and agrees to all
conditions of this decision and has no objections if county staff conducts unannounced onsite
inspections to check for compliance with the conditions of this permit.
The following vote was taken to approve: Chairperson Malick, yes; Peterson, yes; Nelson, yes;
Sontag, yes; Niccum, 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(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 the circuit court.
t ZONINQ BOARD F ADJUSTMENT
f
Signed: t C-
Clarence W. alick, Chairperson
Date- Filed: 04/23/15
Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, W/ 54016 Fax 715.386.4686
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