HomeMy WebLinkAbout032-2005-95-000 (3) s1EC9NTY •nniLnd
wo`s a Resource Management
Community Development Department
December 21,2015 File Ref: CUP-2015-003
VAR-2015-001
James and Susan York
1708 85th Street
New Richmond, WI 54017
Re: Conditional Use Permit and Variance request in the Rural Residential District
Parcel Identification 032-2005-95-000,Town of Somerset
Dear Mr. and Mrs. York:
The St. Croix County Board of Adjustment(Board)has reviewed your request for the following items:
(1) Conditional Use Permit to operate a Major Home Occupation in the Rural Residential
Zoning District pursuant to Section 17.155(6), and,
(2) Variance to the requirement that a major home occupation limits the total floor area
dedicated to the home occupation in an accessory structure to one thousand (1,000)
square feet pursuant to Section 17.155(6)(d)4.
After the hearing on December 17,2015,the Board approved the Conditional Use request,with conditions,
and denied the Variance request. The enclosed document is the formal decision regarding the application.
You must obtain any other required local, State, and Federal permit requirements, licenses and approvals.
Feel free to contact me with any questions or concerns.
Sincerely,
Sarah Droher
Land Use Technician
Enclosures: Formal Decision
cc: Town of Somerset Clerk
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@co.saint-croix.wi.us
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FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY,WISCONSIN
File: CUP-2015-003
VAR-2015-001
Applicant: James and Susan York
Location: S '/ of the SW 1/4, Sec. 1, T3ON, R19W,Town of Somerset
Hearing Notice Publication: December 3 and 10
Hearing Date: December 17,2015
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and visited the site, the Board of
Adjustment makes the following Findings of Fact and Conclusions of Law pertinent to the request:
1. The applicant is James and Susan York.
2. The site is located at 1708 85th Street, Section 1, T3ON, R19W, Town of Somerset, St. Croix
County, Wisconsin.
3. The applicant requests a Conditional Use Permit to operate a Major Home Occupation out of two
accessory structures in the Rural Residential Zoning District to operate a business pursuant to
Section 17.155(6) of the St. Croix County Land Use and Development Ordinance.
4. The applicant requests a Variance to the requirement that a Major Home Occupation limits the
total floor area dedicated to the home occupation in an accessory structure to one thousand square
feet pursuant to Section 17.155(6)(d)(4) of the St. Croix County Land Use and Development
Ordinance. Specifically to the relief for an additional 872 square feet.
a. To qualify for a variance, the applicant has the burden of proof to demonstrate that all
three requirements defined in state statutes are met:
i. Unnecessary hardship
ii. Unique property limitations
iii. No harm to public interest
5. The Somerset Plan Commission have reviewed the application and recommended approval to
the Town Board. The Somerset Town Board recommended approval of the Major Home
Occupation and the Variance to the St. Croix County Board of Adjustment at their December 2,
2015 scheduled meeting.
6. The home occupations standards found in Section 17.155(4), are met by the applicant as
described below:
a. James and Susan York reside at the location of the home occupation.
b. The home occupation is incidental to the residential use and the appearance of the existing
structures will not be altered. The structures are screened and cannot be seen from the
public road.
c. The home occupation will not be open to the public; product will be delivered to the
customer.
d. All home occupation activities/materials will be located inside the accessory structures.
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e. All home occupation activities should create minimal odors, vibrations, glare, fumes or
electrical interference.
f. The applicant will not illegally discharge any materials, fluids or gases.
g. On site sales are not proposed in this request.
h. The applicant is not interested in a sign at this time.
7. All major home occupation standards found in Section 17.155(6)(d), are met by the applicant as
described below:
a. All related occupation activities will be conducted within two accessory structures.
b. The request encompasses two existing structures, each located greater than five hundred
feet to the nearest residence.
c. The home occupation will not employ more than the owner and two additional
employees; there will be one employee (besides the owner) engaged in the home
occupation that does not live at the residence.
d. The applicant is requesting a variance to the maximum allowable floor area standard and
is requesting 872 square feet of additional area to conduct the home occupation,which is
to be divided between the two accessory structures. "Structure A" will consist of
inventory storage (1,008 sq. ft./half of the total floor area) and the product assembly will
take place in"Structure B" (864 sq. ft./entire structure)
i. Without the variance, the total floor area dedicated to the home occupation will
be 990 square feet total,divided between the two accessory structures. "Structure
A" will consist of inventory storage (270 sq. ft.) and product assembly will take
place in"Structure B".
8. Conditional Use Permits for major home occupations shall be temporary in nature and shall be
granted to a designated person who resides at the location of the home occupation. They are not
transferable from person to person or from address to address.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board of
Adjustment approved the conditional use request and denied the variance request, with the following
conditions:
1. This Conditional Use Permit allows the applicant to operate a Major Home Occupation in two
accessory structures in the Rural Residential Zoning District pursuant to Section 17.155(6)of the
SCC Land Use and Development Ordinance.
2. The applicant has the burden of proof to show that all three variance criteria are met in order for
the Board of Adjustment to grant a variance. The Board does not believe that sufficient evidence
has been submitted to meet all three criteria. According to Wisconsin case law, the granting of
a variance must be supported by proof of unique physical limitations of the property. In the
application the applicant stated, "There are no unique characteristics of the property that make
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literal enforcement impractical." Denying the 872 square feet requested in the variance would
not unreasonably deny the applicant the use of the property for the home occupation as the
applicant has described how the home occupation can be conducted within the 1,000 square feet
allowed. Therefore,the variance is denied.
3. Within 60 days of approval, the applicant shall paint stripes separating the space in "Structure
A" and "Structure B" that is utilized for the Home Occupation from the space in each structure
that is utilized for personal use. The applicant shall contact the St. Croix County Community
Development Department to schedule a follow-up inspection when the barrier is complete. Staff
shall physically inspect the property to assure compliance with this condition.
4. St. Croix County Community Development Department staff shall inspect the property annually
to assure compliance with these requirements.
5. The applicant shall follow all general standards subject to a home occupation as required in
Section 17.155(4) of the St. Croix County Land Use and Development Ordinance.
6. The applicant shall follow all standards subject to a major home occupation as required in Section
17.155(6) of the St. Croix County Land Use and Development Ordinance.
7. Should the home occupation permit holder no longer permanently reside at the residence, the
existing permit shall be automatically terminated.
8. The applicant shall record an affidavit within 30 days of this decision reflecting all conditions of
the Home Occupation permit.
9. The applicant shall be responsible for securing any necessary local, State, or Federal permit(s),
licenses and approvals.
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 public hearing.
11. Any change or addition to use of the property, buildings; or modification of or addition to the
property, building, or facilities; or changes to the current project details shall require review by
the Zoning Administrator to determine if the use may be allowed.
12. 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 the Conditional Use Permit: Chairman Malick, Yes; Peterson,
Yes;Nelson, Yes; Sontag, Yes; Niccum, Yes. Motion carries.
The following vote was taken to deny the Variance: Chairman Malick, Yes; Peterson; Yes; Nelson,
Yes; Sontag;Yes, and Niccum, Yes. Motion carries.
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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 BO OF ADJUSTMENT
?/(j(x.
Signed:
Date Filed: December 21,2015 Clarence W. "Buck"Malick, Chairman
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