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Home My WebLink About026-1078-20-000 (3) ST. CROIX COUNTY WISCONSIN ZONING OFFICE x x x x x x x n■ ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 octobcr 8, 1996 Steven and Susan Scherlwr 1 3 7.1 R'., y 65 Nei ItichMond, 4:iscons:in 54017 Re: Board of Adjustment Decision File Ref: 63-96 Dear f•",r. and hlrs. Scher-her: The St. Croix County Board of Adjustment has reviewed your application for' a special exception use for a doq kennel and has approved your application with conditions. The enclosed document is the formal decision regardinq your application. :;Mould you hr!vc m.V g,lestions or concerns, plear:e do not hesitate to call. Sincerely,-- ^_'llomas C. 'NC-son ; :_)n ln!'1 ,°~cl f",i fl l(3t r3rO f' 1.nclo:;u: C cc: Janice Ball, Richr:ond Town Clerk r r FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 63-96 Complete Application Received: JuLy 23, 1996 Hearing Notice Publication: Weeks of 8/5/96 and 8/12/96 Hearing Date: August 22, 1996 FINDINGS OF FACT Having heard all the testimony, considered the entire record herein, and conducted an on-site inspection, the Board finds the following facts: 1. The applicants are Steven and Susan Scherber whose address is 137; Hwy 65, New Richmond, Wisconsin 54017. 2. The applicants on July 23, 1996 filed with the Zoning Office an application for a special exception use for a dog kennel. 3. The applicants are the owners of the property which is the subject of the application which is located in Part of the NE; of the NE'; and Part of the SU of the NE': of Section 27, T30N, R18W, Town of Richmond, St. Croix County, Wisconsin. 4. The subject property is presently used as a residence of the applicants. 5. The property is zoned Ag.-Residential under the current. St.. Croix County Zoning ordinance. 6. The Town of Richmond supports; the application. 7. Zoning Administrator, Tom Nelson indicated this is a special exception request for a dog kennel. He stated that a special exception for a kennel requires a distance of 700 feet from any lot line shared with property upon which a dwelling is located. 8. Introduced as Exhibit 1 was an outline of the proposed activities for Sunshine Animal Care Center. Stated activities are 24-hour around the clock supervision; heated/air conditioned private living quarters with large play areas; generic and specialized care available; pet supplies; fire and gmoke detection; sprinkler fire protection; pet "limo" service available; all breeds grooming and training center; self wash dog bathinq facility. Includes statement they will be modernizing anti remodeIinq the existinq buildings on their property to create a 36 dog run facility. 9. Introduced as Exhibit. 2 was a site plan of they property. 10. Introduced as Exhibit 3 was; a floor plan Of the proposed kenneI. 11. introduced a, Exhibit , was a CSM recorded with the register of deeds, dated June 26, 1996. 12. Introduced as Exhibit 5 war, a series of six photographs showing the current building and property. 13. Introduced as Exhibit 6 was correspondence dated July II, 1996 from the 't'own of Richmond supporting the application for a 36 dog kennel. 14. Introduced as Exhibit 7 was correspondence dated August 21, 199 (sic) from Dr. Brian J. Keller, Countryside Veterinary Clinic stating his support of the kennel. 11,. Introduced as Exhibit. 8 was correspondence dated August 19, 1996 from Marcy Armstrong, DVM, Armstrong Veterinary Service, stating a need for another animal boarding kennel in the New Richmond area. e. Susan, Scherber testified that they are golden retriever breeders; and have been brooding and selling dogs for the last .1-8 years. They are menbcrs of the Golden Retriever Association of the Greater 't'win Cities. 11. Steven Scherber testified that the barn to the property line in any direction would be 'i00 feet. 18. Susan Scherber testified their plans are to have the kennel totally enclosed. There will be no outside runs because they want to control the temperatures and control the pets and noise.. Steven Scherber testltied they "v.,ill have outside (,x( areas. 20. Susan Scherber testified they are hiring licensed dog trainers for obedience t ra i n i n(.. 21. Stovon Scherlh<•r testified there will be 3S kennels. CONCLUSIONS OF LAW T;W Board conclude-; that: I. The Board of Adjustment ha, authority under sec. 17.70(5) (c)4, St. Croix County Zoning Ordinance, to grant special exception use permits. 2 2. Special exception use permits may be terminated pursuant to sec. 17.70(7)(d)5, St. Croix County Zoning Ordinance, if the conditions of the derision are not followed. 'S. Section 17.15(6)(f), St. Croix County Zoning Ordinance, allows kennels as a special exception use in an Aq.-Residential district. DECISION On the basis of the above Findinqs of Fact, Conclusions of Law, and the record herein, the Board approves the applicant's request for a special exception use for a kennel on the following vote: Chairman J. Bradley Yes T. Filipiak No .I. Neumann No N. Golz Yes A. Jensen Yes with the following conditions: 1. This decision expires; on October 8, 1997. No construction may begin or continue after this date unless an extension is qranted in writing by the Board of Adjustment prior to the expiration date. 2. The applicants must complete this project according to the plans submitted and the conditions stated herein. Minor changes in the project must be submitted to and approved in writing by the Zoning Office before the project starts or continues. Major changes must be brought back to the Board of Adjustment for review and approval. 3. The applicants are responsible for obtaining any other permit or approval required for the project by municipal, town, county or, state laws, rules or regulations before starting the project. 4. The applicants must provide written confirmation to the County Zoning Department that all other permits or approvals have been received. 5. The applicants must allow free and unlimited access to the site during construction and operation at any reasonable time to any Zoning Department employee to check for compliance with this decision. 6. The Board of Adjustment may change or revoke this decision if the use becomes detrimental to the public interest. 3 7. The applicants must keep a copy of this decision at the site during construction. 8. Tom Nelson, Zoning Administrator, shall be. notified prior to beginning the project.. Call him at (715) 386-4680 so that compliance inspections can be made. The applicants must provide proof of insurance to the Zoning Department. 10. The kennel shall be kept in a clean and sanitary 'condition. 11. The noise from the kennel will be controlled so as not to be a nuisance to the adjoining land owners. 12. Accepting this decision and beginning construction or operation means that the applicants have read, understand, and agr'ce to fo !o,,, all conditions of this decision. APPEAI, RIGHTS This decision rr.iy h(~ appealed by any person aggrieved by filing an action in certiorari in the circuit court of this County within 30 days alter the date of filing shown below. 'rho county assumes no liability for and makes no warranty as to the legality of any construction commenced prior to the expiration of this 30-day period or the identity of any person who may claim to be aggrieved by this decision. ZONING BOARD OF ADJUSTMEUT Signed Y lJ ~ Chairperson Zoning Administrator f?atcd: lUr''%9r, Fi I rid: l Oj:>/9G 4