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Home My WebLink About024-1008-60-000 (2) ST. C ROIX Community Development Government Center Cn1-4 ir NTY 1101 Carmichael Road Hudson WI S4016 Telephone: 715-386-4680 Fax: 715-386-4686 www.sccwi.gov April 29, 2019 File Reference: CUP-2019 004 I ittn: Nick Petit Trierweiler Construction 2916 South Cherry Ave Marshfield, WI 54449 RC. Conditional Use Decision Property location: Sec(, T28N, R1/W, lown of Pleasant Valley Project address 1528 County Rd N Nick, Tne St. C-0 X Car.nty Poa,d of Ad,ust ncr' has rev ewed your request for the followi,-ig ilei, i. 1 Ccrrrl l cn a'' (Ae Pe-t--11- 'o- a tempor, rty cor uele [mtc•i plar-.:xrsuant :o Section 11-15 (6) l of the Y (,o x Coun-y Zoning Ordinance A"ei '.he hearing on April 26, 2019, the Board of Adjusti-nent approved your request; please see the enclosed decision document containing the conditions of the approval. Feel free to contact me with any questions or concerns. Sincerely, Nicole I lays land Use lechn ciaii L ,,closure: I wiiwl Do( isior EC: Town of Pleasant Valley, Clerk; rnegdmiller@gmaitcom EC' Agent, Nick Petit; Nickti0tiierweilerco.(om CC File Nicole Hays Nicole. Hays (q)sccwi.gov (715) 386-4142 FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File Number: CUP ?019 004 Applicant: Trierweiler Construction Parcel Numper: 024 1008-50-000; 024-1008 40-000 Complete Application Received: March 4 2019 Hearing Notice Publication- April 11 inc: 18 , 20'9 Hearing Date: April 26, 2019 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having neard all the testir-ionv. considered the e•)tire record herein, and visited the site, the Board of Adjustment makes the following Findings of Fact and Conclusions of Laws pertinent to the aopiicant's Conditional Use requests: 1. The applicant Therweiler Construction Co., submitted an application requesting a Conditional Use Permit Re4ti lfor a Temporary Concrete Batch Plant, pursuantto Section 17.15(6)(t) of the St Goix County Zoning Ordinance. 2. The property owner, William Peabody currently has a Nonmetallic Mining Reclamation. Permit and meets the criteria and standards set forth in Ch. 14. The Rural Residential 7oning District allows a Temporary Concrete batch Plant provided a Conditional Use Permit is obtained. The aniiicants request does not violate the spirt or general intent of the St. Croix County Zoning Ordinance. Section 17.15 (6)(1). 3. T he WPDFS General Permit issued by the DNR assesses the site's storm water discharge, any potential impacts to g oundwater and surface water. The site has a Wisconsin Pollutant Discharge Elimination System ,WPDFS) general permit for concrete products operations from the WisDNR. Therefore, this use is not contrary to the public health, safety or general welfare. 4 The concrete batch plant will be placed within the nonmetallic mining site for the duration of 2 years with limited use. The applicant's request is not substantially adverse to property values in the neighborhood afiected. 5. Dust control measures are in place as per the operation plan of the nonmetallic mining permit. the concrete batch plant is shielded from public view. The boundary of the rnine site has a 100-foot setback and is not visible from the aublic road. The site does riot constitute a nuisance by reason of noise, dus', smoke, odor or ot'ner similar factors. DECISION On the hasis n= the above findi xr, w Fact, Conclusions of Law. and the record herein, the Board 'Ipproved the applicant's Conditional Jse ~equcsts, with the following conciitiom he apr)iicant shall be responsible for adhering to all local, state, and federal rules. regulations, and permits during the life of the operation. f he f ernporary Concrete Diant shall be limited in operation days during the 2-year duration of the W'isDOT 1-94 reconstruction oroject. 3. The operations of the batch plant steal: meet the standards set forth in the WPDES Genera: Permit from the WisDNR. 4. The applic:an-, shall maintain the hours of operation from 6:00 AM to 8:00 PM Monday-Friday or 24-hour operation as needed to accommodate the WisDOT 1-94 Construction Schedule. Any request to occasionally extend hours of operatior beyond these hour's or WISDOT 1-94 Cor.strUCOOr~ schedule must be submitted in writing and approved by the Zoning Administrator. S. The applicant shall ensure all lignting used curing the 24-hour operating schedule is directed downwards and is not constituting a nuisance to adjoining neighbors. 6. The 100-foot buffer and screening from public view shall be maintained. 7. Dust control measures shay, be implemented as set forth in the nonmetallic mining operations for the Peabody pit. Prior to the installation of the temporary concrete batch plan;. 100-feet of tracking pac shall be installed and shall meet the criteria set forth in the WisDNR 1057- Conservation Practice Standard. 8. Upon complaints of regularly occurring, excessively loud noise or comp aints of dust at any time, the applicants shall work with the Zoning Administrator to aoate the problem. In the event that the matter cannot be resolved administratively, the matter shall be taken before the Boarr. of Adjustment at a public hearing. 9. Any change or addition to the Project, including but not limited to design of the project, may require review and approval by the Board of Adiustrnent. 1 his must be submitted as a permit amendment with all applicable fees. 10. These conditions may be amended or additional conditions may be added if unanticipated circumstances arise -,hat would affect the health and/or safety o= citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the armiicant and an opportunity for a hearing. 1-. Accepting this decision rne.ans that the applicant has read, understands, and agrees to all conditions of this decision and has no objections if county staff conducts unannounced orsite nspecGons Ic: r.iteCK for compAdnee with the conditiors of this permit. Tne fOilobVrng vn'e was taken to approve ;he request: Cl-alrmari Mal',Ck Iyes; ''e:erson lye'; Nelson, (yes) W,:-um ;yes;, Miller, lye:'. All in favor, motion carri(ns. APPEAL RIGHTS Any person aggrieved :)y this decision may file a appeal in St. Croix County crcult court within 30 clays ditcr the filing date shov.~~ )eiocapurs.:ant to sec. X9.694('0). Wisconsin Statutes. St. n7:x cou')'y aSSUmC_ n0 'espo"Sibii t`f fOr W, 6,_Jn tIKer in rellenCF O i111> cieciww pr-Or tO th= expiration of ,he appeal period SL Croix CounT< aoes not erti{y that the ide ~ti:y o' aII person,, legally entitled to notice o` the Board a" Adlustrnent proceedings, which resulted in this dec!sior. was provided to lne county. 1= an appeal is taken of this clecision. 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 Comrnunity Development Deaartment can be contacted for information on how to obtain a transcript. I; is the responsibility of the Board of Adjustment to submit its record (filei o` this matter to the circuit Court. ZONING BOARD OF ADJUSTMENT i Signed: f_' f ?(l Lct cc 1 f Clarence W. 'Buck' Malick. C'h' ir' an Date Filed: April 26. 2019