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Home My WebLink About030-2026-60-000 (5)ST CRQLX is—l�T/ caasrir - August 27, 2020 Warren & Deborah Buerkley 1450 Triangle Drive Houlton, WI S4082 Community Development ment Center 1101 Cormchae, 6...: Hudson WI 54016 Telephone 715-386-46801 Fax 7153M x1t 6 www.sowi goy File Reference. CUP-2020-008 RE Conditional Use Decision Property located in Part of Gov Lot 2, Sec 22 T30f k R20W Town of St Joseph Dear Warren and Deborah Buerkley. The St Cmix County Board of Adjustment reviewed your request for the following item. 1 A Conditional Use Permit for filling and grading FoOto square feet or more outside of the slope preservation zone pursuant to Chapter 17 36 F 3 a 6) After the hearing on August 27, 2020, the Board of Adjustment approved your request The land use permit was submitted on August 12, 2020 and is currently under review now that the CUP has been approved Please feel free to contact me with any questions or concerns Sinn l k Sarah M Borrell Land Use & Conservation Specialist Enclosure: Formal Decision dated 8272020 EC Town of St. Joseph Clerk, clerk(atownofstoseohcom Warren & Deborah Buerkley, deb.buerkle 0amadcom Derrick Homes, LLC, rderr cktaderrckbu It coin CC File Sarah M Bernell Sarah Borrell@scom gov (715)386-4680 FINDINGS, CONCLUSIONS, AND DECISION OF THE, ZONING BOARD OF ADJUSTMENT ST.CROIXCOUNTY, WISCONSIN File Number CUP-2020-108 Applicant- Warted& Deborns Buerkley Agent Derrick Homes LLC Complete Application Reserved July 6. 2020 Hearing Notice Publication August 13 and 20, 2O20 Hearing Date August 29, 2020 f ENDINGS OF FACT AND CONCLITSIONS OF LAW Hacmg beard all the testimony. considered Me enure heard herenand sisned the site, Me Board ofAdJusmsnt makes the followsag Findings of Fair and Conclmmns of Law penaenno the applicant's Conditional Use requests I The property owners are Warren & Deborah Buerkley, the agent is Derrick Homes, LLC 2 The yne is located at 1450 Triangle Uri e. Mention. W 154082 in part of Gmeriment Lot 2 of Section 22. U30N. R201k', Tam of St Joseph. 3 'l he site is 28 acres and is located in the Lower St Croix Riverway Overlay District. d the applicant fi led an appdeation with the St. Croix County Board ofAdj ustment for a Conditional Use Permit to f II and game greater than 10000 square feet outside of the slope preservation mite according to Section 1 ].16 F 3 a 6) of the St C roux County Zoning Ordinance 5 A Land rise Permit nos not filed in conjunction with the Conditional Use Permit A Land Use Pence approval will be required for the single-family residence as per Ch 17 36 F 2 a O prior m tine disturbance 6 The total site disturbance will be less than l 0 acre. and will not require a Chapter 216 Permit from the Department of Natural Resources (DNRI 7 The proposed residential use is deigned to conform to the standards in Section 1736 and therefore does nor violate the ipvn or nrrem of the Sl Cxoux County Lower St Croix Rwerway Overlay District 8 The proposed residential use is designed to conform to the standards in Section 17J6 and therefore could not he contrary ro the public bound, sp7O, or general "effort 9 The proposed residential use is an allowed use in Me Lower 51 Croix Rrsernay Overlay District and therefore could our sob ersely affect properly values in the neighborhood affected 10 Subject to the proposed conditions below. the use is not likely it; i.orwrrme o nuisance by rowans of noise dun, smoke hour or other similar luclon II Subject to the proposed conditions beIon, rbe proposed use will meet rile ecmidmds chat apply to able application a1 A County Lam Use Permit will be required to poor to construction and is subject o the standards In Section 17 36 H A complete scurmwater management and erosion and sediment control plan will be colueled and must he approved by the Cgmmumty Development Department staff prior to am site combative b) Filling and grading a inures have been cholad in a manner to minimize erosion and sedimentation C) A County Sanitary pernut will be required to connect the proposed home with the private Onstte Wastewater Treatment System (POWTS) that was installed September 2019 d) Vegetation removal forteconstrumion ofthesmngic family residenceand anachedgmage will be limed to the area within the approved land disturbance limits t0 ❑II and grade Removal of the eviswg home w ill result in mourlommAremmal of vegetation adjacent o the slope preserve awn zone DECISION On the basis of the ahnve Findings of Fact Conclusions of Lew, and the record herein, the Board approved the appl cants Conditional Use request. with the following condiumni I. The Conditional Use approval wi 11 allow the fl[ling and grading greater than 10,000 square feet outside of the slope pmwnvation zone pursuant to Chapter l) 36 F 3 a 6) in Order for applicant to ire the existing, nonconforming smile -family residence, nature, and computer the proposed! residence and anached garage in shown in the application within the limns or disturbance A County 1st Use Permit for construction of the single -hinny residence shall be required pro 10 any land disturbance or construction activities can commence onsite, compliance with Chapter 1936 F 2 a I) is required 3 WDDR smrmwater construction technical standards shall be implemented, reviewed and approved by St Croix County Community Development Depanment staff prior to any sae disturbance 4 A County Sanitary Permit shall be required before any [and disturbance or construction activities can commence omit 5 Them shall h no fit ling. grading or vegetation removal vi the slope preservation zone 6. Disturbance for exim and home remove al shall be replaced a nh native vegetation as per Ch 17 36 H. Sa 3). A native plant topic shall extend pro Ile Ito the bluf rm, 2 Am not is ion to the smnnwater "'all convert plan shall he rew sewed and apposed by 51 Croix County Community Demlopment Department staff 8 live property owner shall execute and record an afidmn describing the approved stormwaner management, erosion and sediment control and vegetative management plans and maintenance requirements for each with ibe County Register of Deeds within 30 days after construction is completed 9 These conditions may be amended or additional conditions may be added if unanticipated circumstances arise that would affect the health major safety of citizens or degrade the natural resonances of St Croix Cnt' Conditions will not be amend or added! wall notice to the applicant ou ant and an opportunity for a public hearing 10 Am to, onners, of the projects must adhere to the standards and conditions of me approved Conditional use perms Any change or addition in use ofthe property buildings. or modification of or addition to the Property or buildings shall require review by the Zoning Administrator to determine if the use may be allowed I his decision applies to the property rather than to the individual, is valid for only the specified present, and is not ransmitanle to other properties I I Accepting this decision means that he applicant and their agent have read understand, and agree to all conditions of this decision and have no objections to Count staff conducting unannounced onsne inspecbom to check for compliance with this action the following%me was akn to approve the request Chmperson Mahck. fYl. via Chairman Peterson, M, Millar, M, Niccum, M All in favor, motion carries APPEAL NIGHTS Anr 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 So Croix County as responsibility for action mom in rdonce on this decision poor to the expiration of the appeal period St Ceara Counts does rid Centro that the Berms of all persons legally entitled to notice of the Board of Adjustment pnxeedings, which resulted in this decision, w'as pool thi d to the County. If an appeal is taken of this decision. it is the responsbihry of the appellant o submit at hisMer expense a transcript of the Board of Adjustment proceedings to the circuit cumn The Commamty Development Ikpanment can be contacted for information on how to obtain a transcript It is the responsibility of the Board of Adjustment b submit its record (file) of this matter to the circuit count ZONING BOARD OF ADJUSTMENT Signed "& L ClarenceW Malick. Chairperson Date Filed: August 27, 2020