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HomeMy WebLinkAbout030-2065-90-100 (5)ST. CRQI• Community'sevelopment 1101 Carmichael Road Hudson WI Sal G��� Y Telephone:]15-389-4680IFax 15-386-4686 '�6COA6rs? a www.sccvi July 25, 2019 Norman Dupre IV 178 Riverview Acres Rd Hudson, WI 54016 RE. Conditional Use Decision, File no. CUP-2019-016 Project Location. Sec. 35 T30N. R20W, Town of St Joseph Project Address: 178 Riverview Acres Rd. Norman, The St. Croix County Board of Adjustment has reviewed your request for a Conditional Use Permit for Filling and grading 10,O0o square feet or more outside of the slope preservation zone as per Session 17.36 F.3.a 6, of the St Croix County Zoning Ordinance. After the hearing on July 25, 2019, the Board of Adjustment approved your request; please see the enclosed decision document for the conditions of the approval. Feel free to contact me with any questions or concerns. Sincerely. �. rand Hay land Use Technician II Enc Formal Decision EC Town of St Joseph; derkatowntststroceish com Norman Dupre;prgmalcom Cc: File Nicole Hays Nicole.Hays@sc igov (715) 386-4142 FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File Number CUP-2019-016 Applicant'. Norman Dupre IV Site Address'. 175 Riverrrew, Acres Rd, Hudson, WI 54016 Complete Application Received'. June 3, 2019 Hearing Notice Publication'. July 11 and 18, 2019 Hearing Date'. July 25, 2019 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and Verret me site, the Board of Adjustment makes the following Findings of Fact and Conclusions of Law pertinent to the applicant's Conditional Use requests: 1. The property owner Is Norman Dupre IV. 2. The site Is located at 178 Riverview Acres Rd Hudson, WI 54016 in part of Section 35, 1-301 R20W, Town of St Joseph. 3. The site Is 3 3 acres and a portion Is located In the Lower St Coix River ay Overlay District and Rural Residential Distrit 4. The applicant filed an application with the St Croix County Board of Adjustment for a Conditional Use Permit to fill and grade greater than 1DWO square feet outside of the slope preservation zone according to Section 1136 F 3 a 6) of the St Croix County Lower St Croix Riverway Overlay District 5. The applicant submitted a County Land Use Permit application for construction of a single- family dwelling and driveway In me Lower St Croix Riverway Overlay District A Counts Land Use Permit will be required to ensure the filling and grading activities have been designed In manner to minimize erosion and Is subject to the standards In Section 17 36 H. 6. Astormseter management and sediment control plan following standards In Section 17 36 H. has been submitted to the Community Development Department. ]. A County Sanitary Permit will be required for a Private Onsite Wastewater Treatment System (POWTS). 8. Vegetation removal for Me new location of the driveway and single family residence is required, however any removal will be limited to the area within the approved boundary to fill and grade. 9. The driveway location is determined by the Town of St Joseph and Its driveway, permitting standards. 10- Conditional uses shall only be granted subject to the following provisions, pursuant to Section 1770 (7)(a) No grant of a conditional use shall violate the spin or general Intent of this chapter. This use does not violate the spirit or intent oftne Ordinance since the request is allowed by conditional use apprevd4 as per Secffin 71,30 F3 ahp of the Ordinance. b. No conditional use shall be allowed which would be contrary to the public health, safety, or general welfare This use a not crntroryto the public health, safety, orgenera( welfare since it u o use allowed by the Ordinance and meets the standards set forth in Section 77.36 H. c is not substantially adverse to property values In the neighborhood affected. T68 use will not be adverse to property values in the area as residential used, such as a single- family dwelling, are allowed in the Rural Residential Darl and similar uses. it No use shall be permitted by a conditional use that would mnstirote a nuisance by reason of noise, dust smoke, odor or other similar factors This use will not be o enhance ce due to noise dust smoke, or odor since construction 6 limited to me duration ofthe permit all thesite appu lateral ndards drained e. the board shall also apply standards set forth In other sections of this chapter which apply to particular classes of conditional uses. There are no additional standards m the Ordinance that swil to this conditional use. DECISHON On the basis of the above Findings of Fact Conclusions of Law, and the record herein, the Board approved the applicant Conditional Use requests, with the following condition: i. Conditional Use approval will allow filling and gradi ng activity greater than I Fri square feet outside of the slope presentation done in order for the applicant to construct a single-family dwelling, detached garage, driveway, POM system and donnwater basin. 2. A County Sanitary Permit will be required before any land disturbance or construction activities can commence drSive. 3. Only one access per lot shall be permiaed for the site, it the Town of St Joseph approves a new access, the existing access most be removed. A decision on access Is required prior to any issuanceof a Counts Land Use Permit. 4. A Counts Land Use Permit for construction of the single- family residence will be required prior to any land disturbance or construction activities commencing onsite; compliance with Chapter 17.36 F2a1) is required 5. Any revision to the vomrwater management plan shall be reviewed and approved by SC Croix County Community Development Department Staff. 6, There shall be no filling and grading to the slopes (>25%) prohibited from land dlsurbance, outside of the filling and grading boundary. T. Vegetation that cond'. be removed will be replaced with native vegetation. 8. The property owner shall execute and record an affidavit describing the approved stonowater management erosion and sediment control and vegetative management plans and aintenance requirements for earn with the County Register of Deegs within 30 days after onstruz ian is completed. 9. The applicants shall have one year hear the date of the approval of this conditional use to begin land d6WrbancPfCon6tq Sala achsines to reconstruct the seen no home Failureto do so may result In expiration or revocation of the conditional use permit Prior to expiration or revocation , the applicant may request an extension of up to six months from the Zoning Administrator, however total extensions may not exceed one wor 10. These conditions may be amended or additional conditions may be added if unanticipated circumstances arise that would affect the health and/or safety of citizens or degrade the natural resources of St Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a public hearing. 11. Any new owners of the property must adhere to the standards and conditions of the approved Conditional Use Permit. Any change or addition In use of the property, buildings, o modification of or addition to the property or buildings shall require review by the Zoning Administrator tc determine if the use may be allowed. This decision applies to the property rather than to the individual, Is valid for only the specified property, and Is not transferrable to other properties. 12. ACcapting this decision means that the applicant and their agent have read, understand, and agree to all conditions of this decision, and have no objections to County staff conducting unannounced orate inspections to check for compliance with this permit The following vote was taken to approve the request Chairman Mellck (yes): Peterson (Yes); Nelson, (yes) NICCum,(Yes)' Miller (yes) All in favor, motion carries APPEAL RIGHTS Any person aggrieved by this de:rven may f0e an appeal In St Croix County circuit court within 30 days after the Flling date shown below, pursuant to Sec 59.694(10), Weconsin Statutes. St Croix County assumes no responsibility for action taken In reliance on this decision prior to the (ration of the appeal period. St Croix County does not certify that the Identity of all persons legally entitled to notice o}tile Board of Adjustment proceedngs which resulted In this decision, was provided to the County. If an appeal is taken ofbris decision, It is the responsibility of Me appellant to submit at his/her expense a transcript of the Board of Adjustment proceedings to the circuit mum The Community Development Department can be contacted for information on new to obtain a transcript. It Is the responsibility of the Board of Adjustment to submit T record (file)of this matter to the Circuit court / ZONING BOARD OF ADJu STMEWT Clarence W."Buck" Malick Chairman Date Fled_ July 25, 2019