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Home My WebLink About032-2017-95-100 (3) Planning & Land Information Resource Management ST. CROI0;jiJ011r.U.NTY Community Development Department July 27, 2017 File Ref: CUP-2017-006 Brooks Lockwood P.O. Box 508 Hudson, WI 54016 Re: Conditional Use Permit for the a Landscape Construction and Sales Business pursuant to Section 17.18 (12) Located in Section 5, T30N, R19W in the Town of Somerset. Dear Mr. Lockwood, The St. Croix County Board of Adjustment (Board) has reviewed your application for a Conditional Use Permit for a Landscape Construction and Sales Business at the location referenced above. After the hearing on July 27, 2017 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 715-386-4742. Sincerely, Nicole Hays, Land Use Technician Enclosure: Formal Decision cc: Jeri Koester, Somerset Town Clerk, P.O. Box 248,Somerset, WI 54025 Jon Sonnentag, Sonnentag Consulting, LLC. 616 Tower Rd. Hudson WI 54016 File Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, W154016 Fax 715.386.4686 www.sccwi.us/cdd www.facebook. com/stcroixcountvwi cdd@co.saint-croix. wi. us FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: CUP-2017-006 Applicants: Brooks Lockwood- Stone & Leaf Landscaping Agent: Jon Sonnentag Site Address: 465 CTH VV Location: SW 1/4 NE'/4 , Sec. 5, T30N, R19W, Town of Somerset Complete Application Received: June 5, 2017 Hearing Notice Publication: July 13 and 20, 2017 Hearing Date: July 27, 2017 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 request: 1. The applicant is Brooks Lockwood -Stone & Leaf Landscaping. 2. The site is located at 465 Cty Rd VV, Sec 5, T30N, RI 9W, Town of Somerset, St. Croix County, Wisconsin. The parcel is within the Commercial District and includes a Shoreland Overlay District. 3. The access to County Highway VV for a Commercial District will require a Commercial Access Permit from the St. Croix County Highway Department. 4. The applicant requests a Conditional Use Permit to operate a Landscape Construction and Sales business. Since this proposed use is not specifically identified as a permitted use or conditionally permitted use, it is categorized pursuant to section 17.18 (12). Uses not listed. a. His proposed use can still be permitted as a conditional use b. The applicant submitted verification of his belief that the proposed use is a combination of the following listed uses: i. 17.18(3)c. -Garden Center ii. 17.18(9)£ -Contractor Sales and Service iii. 17.18(9)g. -Contractor's Storage Yard c. The Zoning Administrator has determined that the use is similar to other conditional uses in the Commercial District and could be allowed. As such, the conditional use permit shall be submitted to the Board Of Adjustment. 5. The conditional use standards found in Section 17.18(10), are met by the applicant as described below: a. The proposed use will have adequate parking and access and won't be detrimental to traffic. b. The proposed use is consistent with other commercial uses in the area. c. Drainage is addressed with the approved stormwater plans. d. Erosion control is addressed with the approved stormwater plans. e. Environmental effects are addressed with the approved stormwater plans. £ The proposed use is consistent with the County and Town's Comprehensive Plan. g. The proposed use will not have dust, odors, glare or vibration. Paving will reduce the dust, screening will reduce glare and any increased traffic will be on a county road which is designed for heavy traffic levels. 6. The site is located within the Shoreland Overlay District, a Land Use Permit will be required and will be administratively reviewed and approved by St. Croix County Community Development staff. 7. The amount of disturbance is roughly 70,000 S.F. or 1.6 acres which will require a DNR WPDES permit for stormwater discharge. 8. The Commercial District general standards, section 17.18(2)j. States," All roads, walks, driveways, parking lots, and loading areas shall be paved." 9. The Landscaping of the site will be well maintained to showcase the various products and quality of work provided by Stone & Leaf Landscaping. 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 condition: 1. This Conditional Use Permit allows the applicant to operate a Landscape Construction and Sales business pursuant to section 17.18 (12) of the St. Croix County Land Use and Development Ordinance. 2. The Commercial Access Permit from St. Croix County Highway Department shall be approved prior to the start of any construction. 3. The applicant is required to apply for a Land Use Permit under which no construction is allowed until a Land Use Permit is approved by St. Croix County Community Development staff for the filling and grading within a Shoreland Overlay District. 4. The Construction Site Storm Water Runoff General Permit from the DNR is required prior to any construction or land disturbance. 5. The property owner shall execute and record an affidavit describing the approved stormwater management, erosion and sediment control and vegetative management plans and maintenance requirements for each with the County Register of Deeds within 30 days after construction is completed. 6. The applicant is required to pave all areas listed under the Commercial Districts General Standards. The location identified as "A" shown on Exhibit 3 shall be paved to provide driving access to the east- loading door; areas "P" and "T" are not required to be paved. 7. Any signage shall comply with section 17.65 Sign Regulation of the St. Croix County Code of Ordinances Land Use and Development. 8. 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. 9. Any new owners of the property must adhere to the standards and conditions of the approved Conditional Use Permit. Any change or addition in use of the property, buildings; or modification of or 2 I I i addition to the property or buildings shall require review by the Zoning Administrator to determine if the use may be allowed. This decision applies to the property rather than to the individual, is valid for only the specified property, and is not transferrable to other properties. 10. Accepting this decision means that the applicant and their agent have read, understand, and agree to all conditions of this decision, and have no objections to County staff conducting unannounced onsite inspections to check for compliance with this permit. The following vote was taken to approve: Chairperson Malick, yes; Peterson, yes; McCallister, yes; Nelson, yes Sontag,yes; All votes in favor, 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. Z ING BOARD OF ADJUSTMENT Signed: Clarence W. Malick, Chairperson Date Filed: July 27, 2017 3 3 D CD 3 D (D ! 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