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HomeMy WebLinkAbout030-2045-80-000 (2) DECISION OF ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case No: 39-91 Filing Date: 5-31-91 (COO Notice Dates: Weeks of June 6 & 13 1991 Hearing Date: June 27, 1991 FINDINGS OF FACT Having heard the testimony and considered the evidence presented, the Board find the following facts: 1. The applicant or appellant is: Chris Bauer 1370 Hwy. 35 HOulton, WI 54082 2. The applicant or appellant is the owner of the following described property which is the subject of the application or appeal: NE 1/4 of the NW 1/4 of Sec. 30, Town of St. Joseph, St. Croix Co. 3. The property is presently used for: Residential 4. The applicant or appellant proposes: Operate a towing operation and impound storage facility for police use. 5. The applicant or appellant requests: A special exception use permit under section 17.18(r) of the ordinance. 6. The features of the proposed construction and property which relate to the grant or denial of the application or appeal are: The property is currently zoned commercial. The site had numerous junk vehicles and other miscellaneous junk. No storage areas for hazardous materials had been identified. CONCLUSIONS OF LAW Based on the above finding the fact the Board concludes that: SPECIAL EXCEPTION - The requested special exception use permit does qualify under the criteria of Section 17.18(r) of the ordinance because the Board of Adjustment has the authority to grant special exception under 17.70(7) of the ordinance. ORDER AND DETERMINATION 1 The basis of the above finding of fact, conclusions of law and the record in this matter the board orders: VARIANCE/SPECIAL EXCEPTION - The requested special exception is tabled for 90 days subject to the following conditions: 1. The proposed area be cleared of all junk vehicles and oth miscellaneous refuse. Storage building plans be submitted and hazardous materials handling and storage be identified. Motion to table by Stephens, seconded by Menter. Motion carried. Vote: Stephens, yes; Menter, yes; Sinclear, yes; Kinney, yes and Bradley, yes. The Zoning Administrator is directed to issue a zoning permit incorporating these conditions. Any privilege granted by this decision must be exercised within 12 months of the date of this decision by obtaining the necessary building, zoning and other permits for the proposed construction. This period will be extended if this decision is stayed by the order of any court or operation of law. This order may be revoked by the Board after notice and opportunity to be heard for violation of any of the conditions imposed. This decision may be appealed by filing an action in certiori in the circuit court for this county within 30 days after the date of filing of the decision. The municipality assumes no liability for and make no warranty as to the reliance on this decision if construction is commenced prior to expiration of this 30 day period. ZONING BOARD OF APPEALS/ADJUSTMENT Date: / -C2 14 _ l l signed Filed:-7-24-91 Chairperson cc: Town Clerk and file 2