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Land Use
• Planning & Land Information
f U N T Y Resource Management
ST. CROL-X.-- Own .
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Community Development Department
October 26, 2017 CUP-2017-009
Timothy and Judith Dove
Action Battery
484 County RD. W
Somerset WI 54025
RE: A Conditional Use Permit to add a 23,685 square foot building with a future 15,190 square foot
addition. Property located in Section 5, T30N, R19W, Town of Somerset.
Dear Mr. Dove,
The St. Croix County Board of Adjustment (Board) has reviewed your request for the following
items:
1. Conditional Use Permit to add a 23,685 square foot building with a future 15, 190 square foot
addition pursuant to Section 17.18 (9) of the St. Croix County Zoning Ordinance.
After the hearing on October 26, 2017, the Board approved the Conditional Use request with
conditions. The enclosed document is the formal decision regarding the application.
You must obtain any other required local, state, and federal permits and approvals. Feel free to
contact me with any questions or concerns.
Respectfully,
bloc l~"
Alex Blackburn
Land Use and Conservation Specialist
Enclosures: Formal Decision
CC; Jeri Koester, Somerset Town Clerk, P.O. Box 248, Somerset, WI 54025
Zachary Fagan, 2920 Enloe Street, Suite 101, 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/StcroiXcountyw i cdd @co.saint-croix. wi. us
I
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File Number: CUP-2017-009
Applicant: Timothy and Judith Dove of Action Battery
Agent: Zachary Fagan
Complete Application Received: September 5, 2017
Hearing Notice Publication: October 12 and 19, 2017
Hearing Date: October 26, 2017
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 tact and Conclusions of Law pertinent to the applicant's Conditional Use
requests:
1. The applicant is Timothy and Judith Dove, Agent is Zachary Fagan.
2. The site is located at 484 County Road W, Somerset W154025
3. Action Battery has been operating since August 10, 1996 with a Special Exception Permit and is
in compliance with all the permit conditions.
4. The applicants filed with the Board of Adjustment a Conditional Use Application to add a 23,685
square foot building with a future 15,190 square foot addition pursuant to Section 17.18 (9) f. of
the St. Croix County Zoning Ordinance.
5. The current building has a concrete floor in case of any spills. There are also spill kits and spill
clean up procedures in place. The proposed building will have a concrete floor, spill kits and floor
drains that go to a holding tank.
6. The used batteries will be recycled at Gopher Smelting in Eagan MN.
7. All of the drivers currently have and will continue to have a Class C Hazardous Materials License.
8. The State of Wisconsin Department of Safety and Professional Services (DSPS) has approved
permits for the proposed building, heating and air conditioning systems.
9. The DSPS has approved the plumbing systems for the interior water supply and floor drains.
10. A sanitary permit has been approved for the bathroom wastewater and bathroom floor drains.
11. Action Battery is insured for $7,000,000 by Western National Insurance.
12. Action Battery has a Hazardous Materials Certificate of Registration from the U.S. Department of
Transportation for 2016-2019.
13. A Construction Site Storm Water Runoff permit has been approved by the WI DNR.
14. St. Croix County Conservation and Land Use staff have recommended conditional approval of the
Stormwater and Erosion Control plans. An affidavit identifying the maintenance for the stormwater
and vegetation will need to be recorded.
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15. A pre construction meeting will be required.
16. This proposal meets the Commercial Zoning General requirements in 17.18 (2) General Standards.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved
the applicant's Conditional Use request, with the following conditions:
1. The buildings shall be constructed in conformance with the plans submitted.
2. 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 with the County Register of Deeds within 30 days after construction is completed.
3. A pre-construction meeting with a 7 day notification will be required.
4. 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 owner
and agent and an opportunity for a hearing.
5. Any new owners of the property must adhere to the standards and conditions of the approved
Conditional Use Permit.
6. Any change or addition in use of the property, buildings, and/or business; or modification of or
addition to the property, building, or facilities; 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.
7. Accepting this decision means that the applicant, buyer and 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 the request: Vice Chairman Peterson, Yes; Nelson, Yes; Niccum,
Yes; Sontag, Yes: Miller, yes. All 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(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 Community Development
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:
David Peterson, Vice Chairman
Date Filed: October 26, 2017