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HomeMy WebLinkAbout040-1146-90-000 (2)ST. C RQIX C = =.''N' lSClll25f>`L June 25, 2020 Daniel & Frieda Marzolf 1814 Bayard Ave. St. Paul, MN 55116 Community Development Government Center 1101 Carmichael Road Hudson WI 54016 Telephone: 715-386-4680 Fax: 715-386-4686 www.sccwi.gov File Reference: VAR-2020-001 RE: Variance Decision Property located in the Part of Govt. Lot 2, Sec. 13 T28N, R20W, Town of Troy Project address is 266 Salishan Drive Dear Daniel & Frieda Marzolf; The St. Croix County Board of Adjustment has reviewed your request for the following items: 1. Variance to the requirement that nonconforming accessory structures in the Lower St. Croix Riverway District may not be reconstructed pursuant to Section 17.36(I)(3)(b) of the St. Croix County Zoning Ordinance. After the hearing on June 25, 2020, the Board of Adjustment approved your request. Feel free to contact me with any questions or concerns. Sinc ly, X . 41 Sara M. Borrell Land Use & Conservation Specialist Enclosure: Formal Decision EC: Town of Troy Clerk; towntroy@baldwin-telecom.net Daniel Marzolf; danmarzolf@hotmail.com CC: File Sarah M. Borrell Sarah.Borrell@sccwi.gov (715) 386-4680 FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File Number: VAR-2020-001 Applicant: Daniel & Frieda Marzolf Complete Application Received: February 3, 2020 Hearing Notice Publication: June 11 and 18, 2020 Hearing Date: June 25, 2020 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and visited the 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 owners are Daniel and Frieda Marzolf. 2. The site is located at 266 Salishan Drive, Hudson, WI 54016 in part of Government Lots 1 & 2 of Section 13, T28N, R20W, Town of Troy. 3. The applicant filed an application with the St. Croix County Board of Adjustment for a Variance to the requirement that nonconforming accessory structures in the Lower St. Croix Riverway District may not be reconstructed pursuant to Section 17.36(I)(3)(b) of the St. Croix County Zoning Ordinance. 4. To qualify for a Variance, the applicant has the burden of proof to demonstrate that all three requirements defined in state statues are met: i. Unnecessary hardship; the home predates the Lower St. Croix Riverway District and so the hardship is not self-created. Literal enforcement of the ordinance would eliminate the use of the decks for ingress and egress from previously existing doorways on the riverward side of the house. ii. Unique property limitations; the existing home in its entirety is within the bluffline and ordinary high water mark setback; the structure is partially within the slope preservation zone. iii. No harm to public interest; the request will meet the intent ofthe Riverway Overlay District in that: • Limited vegetation will be removed during reconstruction, only to emit safety hazards; • The deck is currently and will continue to be inconspicuous from the St. Croix River; • Surrounding property values will not be negatively affected. 5. The property owners received land use permit approval to reconstruct the existing principal structure (home). Ordinary Maintenance and Repair is defined in Section 17.09(170) as: "Any work done on a nonconforming structure that does not constitute expansion, structural alteration or reconstruction and does not involve the replacement, alteration or improvement of any portion of the structure's foundation. " Therefore, reconstruction of the attached deck requires a Variance. 6. The Wisconsin Department of Natural Resources submitted comments on June 23, 2020 regarding this application. The department is not opposed to the granting of the variance that allows reconstruction provided it is in the exact same footprint. Any vegetation removed should be replaced waterward of the home to provide additional screening. The location should be made in agreement with the St. Croix County zoning department. 7. The Town of Troy did not have any comments on the Variance application. 8. There is no stormwater management plan or sanitary record for this property. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's Conditional Use request, with the following conditions: 1. The Variance will allow the applicant to reconstruct the attached deck in accordance with the plans submitted on February 3, 2020 and as provided within the conditions below. 2. All components of the structure shall be earth -tone colors, which are displayed in the St. Croix County Community Development Department suite. 3. A stormwater management plan has been designed to infiltrate runoff from the structures, including redirecting runoff away from the bluffline and approved by the land Use Administrator. 4. A Sanitary Permit was approved on March 3, 2020 to replace the existing system. 5. The applicant shall secure all necessary permits and/or approvals from the Town of Troy and obtain any other required local, state, or federal permits and approvals. 6. The applicant shall have one (1) year from the issuance of these approvals to commence reconstruction of the deck and two (2) years to complete the project. Failure to do so may result in expiration or revocation of this decision, after which time the applicant will be required to secure a new variance. 7. 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. 8. Any new owners of the property must adhere to the standards and conditions of the approved Variance. Any change or addition in use of the property or structures and/or changes to the current project details shall require review by the Zoning Administrator to determine if the use may be allowed. 9. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision, and has no objections to County staff conducting unannounced onsite inspections to check for compliance with this permit. The following vote was taken to approve the request: Chairperson Malick, (Y); Vice Chairman Peterson, (Y); Miller, (Y). All in favor, motion carries. APPEAL RIGHTS Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within 30 days after the filing date shown below, pursuant to Sec. 59.694(10), Wisconsin Statutes. St. Croix County 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 proceedings, which resulted in this decision, was provided to the County. If an appeal is taken of this decision, it is the responsibility of the appellant to submit at his/her expense a transcript of the Board of Adjustment proceedings to the circuit court. The Community Development Department can be contacted for information on how to obtain a transcript. It is the responsibility of the Board of Adjustment to submit its record (file) of this matter to the circuit court. ZO GABOOFA;XS ME� Clarence W. Malick, Chairperson Date Filed: June 25, 2020