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HomeMy WebLinkAbout042-1085-30-320 (5) ST. C RO_IX Community Development ,.,r: Government Center Cn1-9O'T ITY 1101 Carmichael Road Hudson WI 54016 Telephone: 715-386-4680 Fax: 715-386-4686 www.sccwi.gov May 73, 7019 File Reference: CUP-2019 008 Richard and Janet Stout 1353 Awatukee Trail Hudson, WI 54016 RE: Conditional Use Decision Prope,ty located in NW 'A NE IA Sec. 31 179N R18W Town of Warren Project address is 9S/ /0" Avenue to Whom it May Concern; The St. Croix County Board of Adjustment have reviewed your request for the following items: 1. A Conditional Usc Permit for a total of three (3), two family dwellings on three (3) separate lots, Pursuant to Section 171.15 (h)(a) of the St. Croix County Zoning 0•d fauc'. After the heannq on May 73, 2019, the Board of Adjustment approved your request; please see the enclosed decision document. reel free to contact me with any questions or concerns. ~I Sincemly, ff Sarah Borrell Land Use & Conservation Specialist Fnclosurc Formal Decision FC townofwarrenwiOrnsn.cgm; sown of Warren Clerk ja netptitout(c)yahoo.Com eflanum@northlandsurveyi nu.corrn CC: File Sarah M. Borrell Sarah.Borreil@sccwi.gov (715) 386-4680 FINDINGS, CONCLUSIONS, AND DECISION OF'TUIE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN file Numbcr: (T P-2'018-003 Applicant: Richard K .land Slout Agcnt: Ld Planum Complete Application Received: April 1, 2019 1 learing \otice Publication: Islay 9 and 16. 2019 Hearing Date: Nlay 23. 2019 FINDINGS OF FACT AND CONCLUSIONS OF LAW I laving heard all the testimony, considered the entire record herein, and visited the site. the Board of Ad,iustment makes the following Findings of Fact and Conclusions of'] a\% pertinent to the applicant's Conditional Use request,: I. file applicant is Richard & Janet Slouf. The agent is Ed Flanum Northland Surveying. 2. The site is located al 957 70"' Avenue in part ofNNN~ ',,a NI? Y; Sec. 31 '1*29N RI M% Town of Warren. 3. The site is approximately 18.85 acres and is Zoned as Rural Residentitd District, surrounded by residential and agricultural land uses. 4. The applicant has submitted for a Minor I and Division which will subdivide the 18.85 acre parcel into four (4) lots. bile Conditional Use request is to construct three (3) two- family dwellings on individual lots pursuant to Section 17.15 (61(a) of the St. Croix County Zoning Ordinance. 6. The living area for each unit will meet the minimum floor area required (720 sq. 11.) for a one story building liar each: approximately I IOU sq. fl. per unit is proposed. 7. A Private Onsite WastesNater Treatment System (PONNTI'S) swill lie installed and sized appropriately on individual lots. 8. ']'be Town of Warren has recommended approval for this rcqucst. 9. Conditional uses shall only be granted Subject to the following provisions, pursuant to Section 17.70 (7)(a): a. No grant of if conditional use shall violate file spirit or general intent of this chapter. This use Does not violwe the shrl•il or intew of the Ordinance since a bra-fnnily chrcllit7g is allon'eci ho cnndilional use approval. as per Section 1'.1.5 (6)1ai o/ the Ordinance, b. No conditional use shall be allossed which would he contrary to the public health, safely, or rencral wcltare or vrhiclt would he substantially adverse to property values it, , file neighborhood affected. 77tis rise will not he confrar} to the public health, sakf,Y. or general srclJiue, nor mill it he s77hstantialh advet-se to property vahies in the area einc•e of tiro-lamily eltrelling is a residential arse, Which is allowed hY the Ordinance in lire Rural Resirlcllficrl Dis910. This use is Ninrilar ro a single-JirntilY residential Ilse. 1 c. No use shall be permitted by a conditional use that would constitute a nuisance by reason of noise, dust, smoke, odor m other similar factors. Since this use is a residential trse. there it ould he not additional nuisance clue to noise. Just smoke, or odor than 11 ()If'(' he e-Mec•ted uit'l a sin,t;le-lianily'rasidentirrl tr.ic. d. The board shall also apply standards set forth in other sections of this chapter which apple to particular classes of conditional uses. l'here are no additiomrl standards in the Urdinauee that pertai+r to lhis conditional use. DECISION on the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's Conditional Ilse request. with the following conditions: 1. Conditional Use Permit approval to construct a two-family dwelling on three individual lots as identified in the plans submitted on April 1, 2019. The Minor Land Division application shall be approved and recorded with the Register of Deeds prior to construction. i. 'I he applicant shall obtain a State Sanitary Permit per Chapter 12, Sanitary. 4. 'Hie two-family dwellings shall comply with mininrtun floor area per unit per Chapter 17.12 (2), General Toning. Parking unit shall accommodate each unit and comply with Chapter 1 i.57, Off-Sweet Parkine. Li. Prior to commencing construction, the applicant shall be responsible in securing all other required local. State or Federal permits and approvals. . The applicants shall have one (I ) year from the dale of this conditional use approval to begin land disutrbanec%construction activities to build the facility, and two (2) years from the date of this conditional use approval to complete construction. Failure to do so will result in expiration or revocation of the conditional use permit. Prior to expiration or revocation, Elie applicant may request a written extension of up to six months from the Toning Administrator. 3. These conditions may be amended or additional conditions may be added if unanticipated circumstances arise that would affect the health and in- safety of citizens or degrade the natural resources ol• Sl. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for it public hearing. 9. Any new owners of the property trust 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 addition to the property or buildings shall require review by the Zoning Administrator to determine if the use may be allowed. The decision applies to the property rather than the individual, is valid for only the specified property, and is not transferrable to other properties. I 10. Accepting this decision means Ihat the applicant and tIicir a-cut have react, understand, and a,_rec to all conditions of Ihis decision. and have no objections to County stat7conducting unannounced onsite inspections to check for compliance with this permit. I he toIIowing vote was taken to approvo the requcsl: Chairperson btaIick, (Yes): Vice Chairman Peterson, (Ycs): Nekon. (Ycs): Niccum, (Ye,); %lillcr, ()'c,). A11 in favor, [notion carries. APPEAL RIGHTS Any person aggrieved by Ihis decision may file am appeal in St. ('rOi] COUM) eireuit court within 30 days after the liling dale shown below, pursuant to Sec. 59.(19.1(10), Wisconsin Stannic;. St. Croix C'ounly 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 procccelings, which resulted in this decision. was provided to the County. If;m appeal is taken ol'Ihis decision, it i the responsibility of the appellant to submit in his her expense it transcript of the hoard of Adju,ln ent proceedings to the circuit court. The Comnumil% Development Department can be contacted for information on how to obtain a transcript. It is the responsibility of the Board of Adju,unent to,ubmit its record (file) of this maucr to the circuit court. ZONING BOARD OF ADII:S I NII.NT I' LA, Signed: Clarence W. N1alick, Chairperson Date filed: 1,1av 23. 2019