PIERCE COUNTY WISCONSIN this business includes a gun safe, personal computer, filing cabinets and...

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Transcript of PIERCE COUNTY WISCONSIN this business includes a gun safe, personal computer, filing cabinets and...

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    MINUTES - Pierce County Land Management Committee Meeting, December 7, 2016

    Present: Jon Aubart, Joe Fetzer, Jeff Holst, Eric Sanden and Ken Snow

    Others: Andy Pichotta, Brad Roy, Emily Lund, Ryan Bechel and Shari Hartung

    Chairperson Fetzer called the Pierce County Land Management Committee meeting to order at 6:00 pm in the

    County Board Room, Ellsworth, Wisconsin.

    Next meeting dates: December 21 st , if necessary, all in 2016.

    Approve Minutes: Sanden moved to approve the November 16, 2016 Land Management Committee

    minutes/Snow seconded. All in favor. Passed with Fetzer not voting because of absence at the last

    meeting.

    Public hearing to consider and take action on a request for a conditional use permit for a Farm & Home

    Based Business for an on-line sporting goods business in the General Rural Flexible 8 District pursuant

    to Pierce County Code Chapter 240-36D, for Willis Hoade Jr & Lona Hoade, owners on property located

    on Lot 3, Certified Survey Map (CSM) V6, P111, in part of the SW ¼ of the NE ¼ of Section 18, T27N,

    R19W, Town of Clifton, Pierce County, WI. Chairperson Fetzer invited Lona Hoade forward: Ms. Hoade

    explained they are requesting the conditional use permit for an on-line sporting goods business. It is on-line

    only. This is their residence. It’s not a store front and there will be no signage. They have gone through the

    Town of Clifton through two meetings and she went around to all the neighbors within 200 feet. All her

    connecting properties and all signed and said they had no problem with it. The next meeting they were called to

    attend to discuss it, ask questions and no one even showed up. Chairperson Fetzer asked if this is a new

    business. Ms Hoade stated no, they have done this for 12 years. They started in Osh Kosh and moved to North

    Carolina and they have lived in River Falls for two years but they just built a house so now they have to get

    another one for the Town of Clifton. Chairperson Fetzer stated so you have been doing this the whole time. Ms

    Hoade stated yes, for 12 years and never had a complaint. Sanden asked about the 1 – 10 shipments/deliveries,

    pickups per month, is it UPS not semi’s? Ms Hoade stated yes, UPS, no semi’s just the local, normal UPS and

    FedEx.

    Staff Report – Ryan Bechel: The applicant is seeking a CUP to operate an online sporting goods business at

    his residence. Proposed merchandise includes bows, electronics, optics, lights, clothing, survival supplies,

    holsters, cases, safes, firearms and various other sporting goods related items. The applicant anticipates items

    being purchased via online auction marketplaces or in person at the residence. The applicant holds a type 1

    Federal Firearms License (FFL) which enables him to engage in commercial dealing of firearms. Per federal

    regulations, firearms being transferred must be shipped amongst dealers holding an active FFL dealer’s license

    to fulfill tracking and back grounding requirements prior to delivery to the customer. Retail activities involving

    the sale of consumer goods produced off-site and not accessory to any on-site produced goods require a CUP

    for a Farm & Home Based Business in Pierce County’s agricultural zoning districts. The ten-acre property is

    located in the Town of Clifton and is zoned General Rural Flexible 8. Pierce County Code 240-36(D) permits

    farm and home based businesses accessory to permitted single-family residences upon issuance of a CUP in

    agricultural districts, subject to the following:

    1. The farm and home based business shall be conducted by the owner of the dwelling unit. No more than eight persons not residing on the site may be employed in the business.

    PIERCE COUNTY WISCONSIN DEPARTMENT OF LAND MANAGEMENT & RECORDS

    PLANNING, ZONING, SURVEYING & GIS

    414 W. Main Street P.O. BOX 647

    Ellsworth, Wisconsin 54011 715-273-6746 OR 715-273-6747

    Fax: 715-273-6864

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    2. If located in the dwelling unit, the farm and home business shall occupy no more than 50% of the dwelling unit. If located in an accessory building, the farm and home business shall not occupy an area

    greater than 5,000 square feet.

    3. Minimum lot size shall be 5 acres. 4. Such other conditions as specified by the Land Management Committee pursuant to Sec 240-76 shall

    apply.

    The property is the applicant’s primary residence. The applicant intends to utilize a 12ft x 11ft (132sq ft) office

    located within the primary residence and is proposing no new structures. The applicant does not anticipate any

    new employees. Adjacent zoning districts are General Rural Flexible 8 to the north and west; Primary

    Agriculture to the east and Rural Residential 8 to the south. Adjacent land uses include agriculture and low

    density residential. Lot access is located off of CTH FF on the south side of the property. Equipment utilized for

    this business includes a gun safe, personal computer, filing cabinets and general office supplies. Primary on-site

    activities include retail sale of firearms and sporting goods items and product shipping and distribution. One to

    ten shipment deliveries/pickups are anticipated per month. The applicant utilizes a gun safe for storage of retail

    firearms. Hours of operation are proposed to be year-round from 8:00AM – 4:00PM, Monday through Friday;

    Saturday 10:00AM – 2:00PM. Sales are conducted over the phone, on-line or in-person. Pierce County Code

    §240-54 establishes parking requirements for retail establishments and requires a minimum of 1 off-street

    parking space per 200 feet of primary floor area which one must be ADA compliant. Ample room exists on the

    premises to fulfill parking requirements. A restroom is available for customers within the existing residence.

    Waste Management provides solid waste disposal services for the business. There is no signage associated with

    the business on the property and no further signage is being proposed. No additional exterior lighting is

    proposed. The Clifton Town Board recommended approval of this request on 11-01-2016. The Town

    recommendation stated “This business is consistent with zoning and the neighbors have offered no objections.”

    The applicants submitted 2 supporting letters of recommendation (attached to staff report). PCC §240-76G

    discusses expiration of Conditional Use Permits and states, “All conditional use permits shall expire 12 months

    from the date of issuance where no action has commenced to establish the authorized use. If a time limit has

    been imposed as a condition for the permit, the permit shall expire at the end of the time limit.”

    Staff Recommendation: Staff recommends the Land Management Committee determine whether the proposed

    use at the proposed location would be contrary to the public interest, detrimental or injurious to the public

    health, public safety or character of the surrounding area. If found to be not contrary to the above, staff

    recommends the LMC approve the proposed Farm & Home Based Business with the following conditions:

    1. Activities shall be conducted as presented in the application unless modified by a condition of this CUP. 2. The business shall be conducted by the owner of the dwelling unit. 3. There shall be at least 1 off-street customer parking space. A minimum of one parking stall shall be

    ADA compliant.

    4. The applicant shall maintain all necessary federal and state firearm dealers’ licenses. 5. Hours of operation shall be year-round from 8:00AM – 4:00PM, Monday through Friday; Saturday

    10:00AM – 2:00PM.

    6. Applicant understands that expansion or intensification of this use require issuance of a new conditional use permit. If applicant has questions as to what constitutes expansion or intensification, Land

    Management staff should be contacted.

    7. This conditional use permit shall be renewed every 2 years. Permit may be renewed administratively if no compliance issues arise.

    Chairperson Fetzer opened the hearing to the public. No public comment. Public hearing closed. Sanden

    stated on the aerial photo he doesn’t see the house, was it recently built? Ms Hoade stated it just got finished

    and they just moved in a couple weeks ago and she also wanted to mention that they own the 20 acres of woods

    back there too. It is located about 700 feet back toward the west. Sanden also mentioned the 100% on-line but it

    also says or in-person at the residence. Ms Hoade stated occasionally if someone is local they can do the

    transfer or selling something. That is very rare. They go through a gun broker or other sites to sell. Snow

    moved to approve the Farm and Home Based Business for an On-line Sporting Goods Business for Willis

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    Hoade Jr & Lona Hoade with conditions #1 - #7 due to the fact this is not found to be contrary to the

    public interest, detrimental or injurious to the public health, public safety or character of the

    surrounding area/Sanden seconded. All in favor. Passed.

    Public hearing to consider and take action on a request for reclassification of an existing conditional use

    permit from a Farm & Home Based Business to a Nature Based Operation for Vino in the Valley by