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HomeMy WebLinkAbout040-1174-10-000ST. CROIX Community Development �"q�i�/ Govemment Center G — • rI V T l 1101 Carmichael Road Hudson WI Si 6/ISO[ Telephone 715-386 4680 Fax 715-386-4686 www sccwigav, August 31, 2020 Tom Lee 288 Cove Road Hudson, WI 54016 RE Conditional Use & Variance Decisions Property located in the part of Sec 24 T28N, R20W, Town of Troy Dear Tom Lee, The St Croix County Board of Adjustment has reviewed your request for the following items Conditional Use Permit for reconstruction of a Structural Erosion Control Measure within a Slope Preservation Zone area pursuant to Section 1736 H 4 b of the St Croix County Zoning Ordinance File Reference CUP-2020-010 Variance to the requirement that nonconforming accessory structures in the Lower St Croix Rwerway District may not be reconstructed pursuant to Section 1736(0(3)(b) of the St. Croix County Zoning Ordinance. File Reference VAR- 2020-002 Variance to the requirement that nonconforming accessory structures in the Lower St Croix Riverway District may not be reconstructed pursuant to Section 17.36(0(3)(b) of the St Croix County Zoning Ordinance File Reference VAR- 2020 003 After the hearing on August 27, 2020, the Board of Adjustment approved your requests with conditions Please see attached the final decision document Feel free to contact me with any questions or concerns S m(c/j��/gj7INy,�I.V SarlKM Borrell Land Use & Conservation Specialist Sarah M Burrell Sarah Borrell@sccwi gov (715)386-46M Enclosure. Formal Decision EC. Town of Troy Clerk, towntrovfdbaldwin-telecom net Tom Lee, dfleePhotmad com Willow River Tree Company, erik hokeness(alwillownvertree.com Scotl Manner, smttPmcdonaldremadelina cam cc File Sarah M Burrell Sarah Borrell@sccwi yov (11S)386-46M FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTN]ENI' ST CROPS COUNTY, WISCONSIN File Number CUP-20i 10, VAR -2020A02he VAR-2020003 Applicant Tom Lee Agent Willow River Tice Company Complete Application Received July 6, 2020 Hearing Notice Publication August 13 and 20, 2020 Hearing Dare August 28, 2020 Hai ing heard all the testimony, considered the entire record herein, and visited the are, the Board ofAdjustment makes the following Findings of Fact and Conclusions of Law penmen to the applicant's Conditional Use requests 1. The Property Owner is Tom Lee; the Agent is Willow River Company 2 The site is located at 288 Case Road, Hudson, WI 54016 in pan of Section 24, THIN, ITY)i Town of Troy 3 The applicant fled an application with the St. Croix County Board of Adjustment for a Conditional Use Permit for reconstruction of a Structural Erosion Control Measure within the a Slope Presen ation Zone area pursuant to Chapter 17.36 N.J.b. of the St. Crew County Zoning Ordinance J There is an existing retaining wan, comprised of timbers, that is rotten and in need vinegar The Property Owner is requesting to wiredrawer the all with rock boulders Tire retaining well will not be expanded. the "oung grade will not change nor will this involve excavation into the driveway Drain ale will not be used behind the boulder wall and the wall will be visually inconspicuous train the River 5 The existing structural erosion control mamw'e and lower attached deck are visually mconspicuous from the River The upper attached deck is conspicuous from the River 6 The Wisconsin Department of Natural Resources has not provided comments regarding the application The Town of Troy has not provided comments regarding ths aVphcauon. 8 Conditional uses shall only be granted subject to the following provisions, pursuant to Section 19 ]o oxa) I The proposed residential use is designed to Goodman to the standards in Section 17.36 and therefore does not violate the spirit or intent of the St Croix County Lower St Croix Riverway Overlay District 2 The proposed residential use is designed to conform to the standards In Section 1736 and therefore would not be contrary to the public health, safety, or general welfare l The proposed residential use is an allowed use in the Lower St. Croix Rrverway Overlay District and therefore "onto not adversely affect progeny values in the neighborhood affected 4 Subject to the proposed conditions below, the use is not likely to constitute a nuisance by mawns of noise, dust, smoke, odor or other similar factors Pilling and grading is not required for the requested project. 5 Subject to the proposed conditions below, the proposed use will meet the standards that apply in this application I Two ash trees are to he removed because they are iimstein safety hazards Vegetation removal shall be replaced with comparable native gramme 2 There is not a yornsvider management plan for the proper A complete em anabstracter must h management and Comma and sediment control plan will be staff and must be disturbance by the Community Development Depenment staff prior to any site Msturbanpe 9 The applicant tiled an Application with the St. Croy Counts Roord of Adjustment for a Sanctions to reconstruct a nonconforming accessory structure floeverattached deck) pursuant to Chapter 11.361.3.b) of the St. Croix County Zoning Ordinance. 10 The applicant has requested mmimaIre I effrom the standards as the proposed lower atrached deck reconstruction will not ncrease the overall size of the footprint for the structure II The toe rattached deck is located at or below the Regional Flood Elevation. therefore compliance with theSt Croix County Floodplain Ordinance, Chapter 11 40 H Nonconforming Uses and Structures is required fora modification or addition to a nonconforming structure 12 The Wisconsin Department of Natural Resources has not provided comments regarding the application 13 The Townof Troy has not provided comments regarding the application. 14 Currently downspouts direct roof runoff towards the river The applicant is willing to redirect this runoff towards an infiltration area first 15 The applicant initially pursued Ordinary Maintenance and Repair to re vain the single-family home and a ached accessory structures as defmcd in Section U 09(190) Any wmkdone on a nonconforming strugtone that does not crooner expansion,structural alteration or reconstruction contacts nor nvohe the replacement, alteration or improvement arfacter, portion anucmrea foundation " Hmvever renovations were found to have gone beyond Ordmary Maintenance and Reuarby Community Development Staff on June 26,2020 Therefore, smonstmctionofthe lower attached deck requireqa Variance 16 To qualify for a Varicose, 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 Crmx Riverway District and so the hardship is not self created Literal enforcement of the ordinance would eliminate the use of the deck for ingress and egress from previously existing doorway 2 Unique propem I or it at ions, the existing sing le -firs fly residence and deck in its entirety is within the Ordinary High Water Mark setback 3 No hams to public interest, the request will meet the intent ofthe Rtverway Overlay District in that I Limited vegetation will IN: removed during reconstruction, only to limn uftry hazards. 2 The lower deck is cenury inconspicuous from the St Croy River. 3, surrounding impacts) values will not be negatively affected Il The appLeant filed an application wish the St. Croix Counts Board of Adjustment for a Variance to rancusixtruct u nonconforming secondary, tlrueture supper attached drench pummint to Chapter I7.3613 by of St. Cron Counts Zoning Ordimnce. 18 Ile applicant Its; requntad mound relief from the standards as the proposed upper attached deck reconstruction will not increase the overall nee of lammed for the structure 19 The Wisconsin Defamation of Natural Resources has not provided comments regarding the application 20 The To, n of Troy has not pros wood comments regarding the application 21 Currenty dow'mpouts direct roof runoff tow ards the river The applicant s as Hang to redirect his trump now at& an infiltration area first 22 The applicant initially pursued Ordinary Maintenance and Repair to renovate rise single-family home and anached accessory structures as defined in Section 17 bill 70) Any work done an a noncossliervinsig structure fruit dues not mmuruse expuwnn. nrwmrul uhwmbn wreconsnwnon and does valve she replacement. altermionormmtps/umv Minna/tM.nrwswe's /ournlar I How w re found to have gone beyond forestry Main and Repaubv CommunityeDevelopment Staff on June 26, 2020 Therefore. reconsmctom of the upper Attached! deck requires a Vartance 23 To qualify for a Vananoo the applicant has the burden of proof to demonstrate that all three requirements defined in state statues are met I Unnecessary hardship, the home predmes the Lower St Croix Rwverway District and so the hardship is not self -creamed l deral enforcement of the ordinance would eliminate the use of the deck from a Lot existing doorway But as the stairway has been eliminated Imo the upper deck, this doorway will net longer serve as an mgmss/agress to the structure 2 Unique ptoperM limitations, the existing single -tamely residence and the deck in the variety is wnhm the Ordinary High Water Mark setback 3 No ham to public interest, the request will meet the intent ofthe Riverway Overlay District in that I Limited vegetation will be removed during reconstruction, only to emit safety hazards, 2 The upper deck is currently conspicuous from the St Clow River and will continue to be consplmious 3 Surrounding property values%ill not be negatively afected DECISION On the basis of the above Findings of Fact, Care lPorous of Law, and the record herein, she Board approved the applicant's Conditional Use request, van the following conditions 1. The Conditional Use Permit will allow the applicant to reconstruct the Structural Erosion Contra) Measure that is located within the slope preservation zone in accordance with the Plains submitted on July6, 2020 and as provided within the condition 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 The property ownerehall execute and record an affidavit describing the approved structural erosion control measure and related maintenance requirements with the St Croix County Regaterof Deeds Once within 30 days after construction is completed as per Chapter 17 56 HA e q The Variance pill allow the applicant to reconstruct the lower crushed dark in accordance with the plans submitted on July 6, 2020 and as provided within the conditions below. 5 A stormwaeer management plan, approved by the Community Development Department, shall be designed and implemented to redirect roof runoff away from the River 6 A County land use permit rot modification or addition to a nonconforming structure as per the St Croix County Floodplam Ordinance, Chapter 17A H Nonconforming Uses and Structures is required The Variance pill allow the applicant to reconstruct the upper attached deck in accordance with the plans submitted on July 6, 2020 and as provided isithm the conditions below. 9 A stormwater management plan, approved by the Community Development Department, shall be designed and implemented to redirect roof mmRaway from she River 9 The applicant shall plant, at minimal, two comparable tree species that save native with the purpose to screen the upper attached deck at maturity and shall be planted in between the attached deck and the Rarer as mitigation within one year of approval The minimum size of planting shall be 2' diameter breast height(DBH) 10, The railings for the upper deck shall be earth tone color and visually Inconspicuous 11 The applicant shall secure all necessary permits buffer approvals from the Town efTroy and obtain any other required local, state, or federal pounds and approvals, including compliance wish the St Croix County Floodplam Ordinance 12 The applicant shall have one (I) year from the issuance of these approvals to commence reconstruction of the deck and me (2) years to complete she project Falluretodosomayresultm expiration or revocation ofthis decision, after which time the applicant will be requ0ed to secure 13 These conditions may he amended or additional conditions may as added if unanticipated that would affect the health and/or safety of Civaare or degrade the natural reso®oarise of St Croix County Conditions will not be amended or added without notice to the applicant and an opportunity for a public hearing. 14 Any newowners of the property must adhere the standards and conditions of the approved Variance Any to change or addition m use ofthe property or structures and/or changes to the current project dera15 shall require review by the Zoning Administrator to determine if the use may be allowed. 15 Accepting this decision means that the applicant has read,understands, and agrees to all conditions of this division, and has no objections to County staff conducting urennounced radius inspections to check for compliance with this what The following sad/ was taken to approve the Conditional Use (CUP-2020AI0) request Chairperson Malick. V), Vice Chairman Peterson. (Y) Miller. (Y), Niccum, (V) All in favor, matron comes The following side was taken to approve the Variance (VAR-2020-002) request Chairperson Mehck. (Y). Vine CEmrman Peterson, (Y). Miller. (Y) Nissan, (Y). All in favor, motion carries. The follmnng %are was liken to approve the Variance (VAR-2020.0011 notices Chairperson Melnik (Y), Vice Chairman Peterson (Y). Miller, (Y). Niccum. (Y) All in favor, motion carries APPEAL RIGIII S An, Person aggrieved to this decision me% file an appeal In M. Croix County circuit could wMm JO days after the filmg dam shown below, pursuant 10 Sec 59694110), Wisconsin Statutes. St Came County as responsibility for action taken in reliance on this decision prior to the expiration of the appeal penaassumes Croix County does not cenifi that the idenmy of all persons legally entitled to notice of the Board of Adjustment proceedings, which resulted in this decision, was pmmded to the County If an appeal is taken of ibis decision it is the responsihdity of the appellant o submit at Fisher expense Ironwood of she Board of Adjustment proceedmge to the c rant court The Community Development Department can be contacted for information on hat, to obmm a tranumnpr It is the nesponsibilny, of the Board of Adjustment to submit its record (file) of this matter to the carton court ZONING BOARD OF ADJUSTMENT Signed ta,.�.00� Clarence W. Melnik. Cheirye son Date FiledAugust 28, 2020