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Home My WebLink About026-1063-10-000 (3) ST. CROIX Community Development f: Government Center Cn-i=~N"TY 1101 Carmichael Road I Hudson WI 54016 Telephone: 715 386 4680 1 Fax: 715-386-4686 www.sccwi.gov July 26, 2019 File Reference: CUP-2019-011 ATTN: Alex Olin Cernstone Ready Mix, LLC Mendota Heights, MN 55120 RP Conditional Use Decision Property location: Sec 21, 130N, R18W, Town of Richmond Project address: 1185 County Rd G Alex Olin, The St. Croix County Board of Adjustment has reviewed your request for the following item: 1. Conditional Use Permit renewal for a nonmetallic mining reclamation permit, subject to the provision of Chapter 14 Nonmetallic Mining, pursuant to Section '17.15 (6) q. of the St. Croix County Zoning Ordinance, After the hearing on July, 26, 2019, the Board of Adjustment 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, ~l Nicole H,~ '3Ys - Land Use Technician Lndosure: Formal Decision CC: Town of Richmond !d eceCafronliernet.net LC: Alex Olin; aolin(C CPrnstr-Irie-corn CC: File Nicole Hays Nicole.Hays@sccwi.gov (715) 386-4742 FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Fi-c NUClber: CUP-2019-011 4ophcant: Roberts Concrete Products. INC.. and #300 Cemstone Ready Mix. INC. property owners. Sne Address: 1185 County Rd G, New Richrnohd WI 54017 Complete Application Received: May 6, 2019 fearing Notice Publication: July 1" and .8. 2019 HearinQDate - IUly2', )0'9 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard al Ule teStirnony conside,ed the entire record he,ein, and visited the site, the Board of Adjustment makes the following Findings of Fact and Conclusions of Law pertinent to the apoiicant's Conditional Use requests: The applicant, Comstone Ready Mix, sunmr7ted an application requesting Conditional Use Permit Renewal for a nonmetallic mining site, subject to the provisions of Chapter .4 Nonmetallic Mining, Pursuant to Sectior 17.15 ;(5)ig). Tne applicant nas a Nonmetallic Mining Reclamation Permit and meets the criteria and standards set forth it Chapter 14. The Rural Residential District allows a Nonmetallic mine s'te provided a Conditional Use Permit is obtained. The applicants request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance. Section 17.15 (6)(g). No changes to the operation or reclamatior plans have been proposed since the last Board of Adjustment Approval. 4. Conditional uses snali only be granted subject to the following provisions, pursuant to Section 17.70 ;7)rIa): a. No grant of a conditional use shall violate the spirit or general intent of this chapter. This use ooes not violate the spirit o' intent of the Ordinance since the site conforms to standards set forth in Chapter 14, The applicants have maintained financial assurance and updated reclamation duns as needed. b. No conditional use shay be allowed which would be contrary to the public health, safety, or general welfare. This use is not contrary to the public health, safety, o- general welfare since it is a use allowed by the Ordinance and meets the standards set forth in Section 17.36 H. c. Is not substantially adverse to ;roper y values in the neighborhood affected. This use will not be adverse to property values in the area as the mine already exists. d- No use shall be permi.tec by a conditional use that would constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors. This use will not be a nuisance due to noise, dust, smoke or odor since the site is internally drained and the '00-foot buffer and 25 foot high berm around the mine are in place and are beinc_ maintairec. D,!st will be --;air-,aired by methocc= witiin the operation Mar. e. PI Lww"-l shall also apply stanaarn; set fort" in o`her ,e.~hons of chapte which anaw to pa•-ir,r.ar etasses Ci condi;ijmal hutc we iC additional standards it the 'Ordlnancc that Dertai') to this .ondrho-.al use. DECISION Or the basis of the above Findings of f act Conausiorns of Laws. and the record herein the Board approved the apoiicant's Conditional Use requests, with the following condition: 1 The applicant snall maintain conformance to the S. Croix County Ordinance Chapter 14 Nonmetallic Mining standards for nonmetallic mining reclamation. the applicant shall maintain conformance with the March 22, 2018 Conditional Approval for the nonrnetalfic mining site and those conditions shall be extended to the additional 60 acres to the north and west. The 5-yea, renewal shall extend 5 years from this approval. Upon receipt of complaints regularly occurring or complaints of excessively loud noise or dust at any time. the applicants shall work witr the Zoning Administrator to abate the problem. In the event that the rnatte, cannot be resolved administratively, the matter shall be taken before the Board of Adjustment at a public hearing. 4. Upon any change in ownership or operation of the mine, the applicant shall submit to the Toning Admin?strator the rtiarne and contact information of the owner and primary mine operator. The operator steal, comply with all of the general requirements and conditions listed in ;he nonmetallic mining and reclamation standards in Chapter 14 - Nonmetallic Mining Ordinance. 5 Any change o- additior to the project, including but not limited to design of the project. may require review and approval by the Boarc of Adjustment. This rnust be submitted as a permit amendment with all applicable fees, 6. These conditions may De amended or additional conditions may be added i` unanticipated circumstances arise that would affect the health and,/or safety of citizens or degraoe the natura resources of St. Croix County. Conditions will not be amended or addee without notice to the applican- and an opp021.11)ity for a hearing. 7. Accepting this decision means tnat the applicant has read. understands, a•id agrees to all conditions of tnis decisior and has no objections if COUntV staff conduct J",~an'10unced onsite rsnectio^s to ChOLk fo• Compliance with 'he cordi;ions o` :his perrut 1 ne following vote was taken to approve the request Cha:rna-- Maii;k (yesj, Pete-so-. yes; Nelsnn, Ives): NICCU'n, (yesj, Mille !yes;. All in favo•, 7nottor carrie_=. APPEAL RIGHTS Any person aygr•eved by tnis decision may file a' appeal in St i"ro`x ; ounty ; i^ uC court =J days afixr be flru: hate sndwr nei w, pursJant tt Sec )969GL10! 1r1`'4:'ORl It es S;. i-roi>: Co.r~TV assume, no lit% u>r actor taken it relia-).-e or this orrilion :)riot to tle ex;rratior of the appeal period. St. -roix. 1ounty oocs no, certi°y ;hat the ide-itry o` ail persons egaby entitled to notice of the Board of Adjustment proceedings which resulted in this decision, as provided to the County. If an appeal is taken of tnis decision, it is the responsibility of the appellant to submit at his/her expense a transcript o`. the Board of Adjustment proceedings to the circuit court The Community -Development Department can be contacted for information or how to obtain a transcript. It is ^1e responsibility of the Board o` Adjustment to submit its record (file} of this matter to the circuit tour„ 'C IN BO F AD}GSTMNT Sig•icc ~v„ Siarance W. "Buck" MaliCk. Chairman _ix'.e ilec. l..I\ ?019