Loading...
HomeMy WebLinkAboutBoard of Adjustment 06-28-07 ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, June 28, 2007 8:30 a.m. Government Center, Hudson, Wisconsin- County Board Room AGENDA A. CALL TO ORDER/ ROLL CALL B. OPEN MEETING LAW STATEMENT C. ACTION ON PREVIOUS MINUTES D. DATE OF NEXT MEETING: July 26, 2007 E. UNFINISHED BUSINESS F. PUBLIC HEARINGS - See Public Notice (Attached) G NEW BUSINESS 1. Legal Update 2. Board of Adjustment Rules and By -Laws H. ANNOUNCEMENTS AND CORRESPONDENCE I. ADJOURNMENT (Agenda not necessarily presented in this order.) SUBMITTED BY: St. Croix County Planning and Zoning Department DATE: June 11, 2007 COPIES TO: County Board Office County Clerk Board Members News Media/Notice Board * CANCELLATIONS /CHANGES /ADDITIONS PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, June 28, 2007 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following requests under the St. Croix County Zoning Ordinance. The Board will view each site in question, after which the Board will deliberate and vote on the requests. SPECIAL EXCEPTIONS 1. APPLICANTS: Meyer, Tom & Marlene LOCATION: SE %4 of the SE' /4 of Section 34, T30N, R19W, Town of St. Joseph ADDRESS: 1211 County Road I REQUEST: Special exception request for filling and grading in the Shoreland District of Furger's Pond pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the St. Croix County Planning and Zoning Department, Hudson, Wisconsin at (715) 386 -4680. Clarence W. Malick, Chairperson St. Croix County Board of Adjustment E � BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES June 28, 2007 The meeting was called to order by Chairperson Buck Malick at 8:35 a.m. A roll call was made. Chairperson Buck Malick, Linda Luckey, Sue Nelson, Chuck Struemke and Jerry McAllister were present. Staff included: Jenny Shillcox, Zoning Specialist; David Fodroczi, Planning and Zoning Director; Kevin Grabau, Code Administrator; and Becky Eggen, Recorder. Staff confirmed to the Board that this was a properly advertised meeting. The next meeting for the Board is scheduled for Thursday, July 26, 2007 at 8:30 a.m. in the County Board Room of the Government Center in Hudson. The hearing was opened by Chairperson Malick. Testimony was taken and recorded by Laurel S. Dean, court reporter from Q & A Court Reporters. Application #l: Tom and Marlene Meyer — Special Exception The applicants requested a special exception permit for filling and grading an area exceeding 10,000 square feet in the Shoreland District of Furger's Pond in the Ag Residential District in the Town of St. Joseph. Staff presented the application and the staff report. The Town of St. Joseph recommended approval of the special exception request conditioned upon proper erosion control being implemented as directed by the County to protect the surrounding areas and neighbors. Land and Water Conservation Department reviewed the plans and recommended that the applicants install silt fence along the downstream side of Pond 2, provide the minimum number of soil borings per standard for each proposed storm water feature, address erosion control for future home construction, and provide for upland sediment control along the driveways. St. Croix County Highway Department reviewed the application through the land division review process and did not have any additional comments or concerns. Wisconsin Department of Natural Resources staff that the storm water management measures are excessive and verified that the project does not require a Chapter 30 permit. It was recommended that erosion control on the steep slopes will be critical and establishing vegetation quickly will be essential. Michael Howland signed an oath and spoke in favor of the request. He has lived across from the Meyers for many years. The pond has dried up to only 28 inches deep. Since the dam has been removed, the lake is gone. Meyers are not building to sell the property; they would like joint driveway for a home for another family member which will be an asset to the community. Tom Meyer signed an oath and spoke in favor of the request. He has lived on the property since 1990. They have incurred paid expenses for the development of the second lot. The land is mainly meadow since the lake is down. No trees have been removed in 17 years other than the four trees that had a disease. To have a condition on the permit to inventory the trees would cost anywhere from $2,000 to $5,000 and then to 1 replant each one would be $50 - $75 per tree. Finding a place to plant the trees and know they will survive would be excessive. The proposed driveway width is 26 feet which means less fill will be needed and less trees that will need to be removed. Logging isn't really an option due to the slopes of the area. Ed Flanum, Northland Surveying, signed an oath and spoke in favor of the request. He feels that replanting trees is excessive since they will have to clear out the area for the stormwater ponds. If maintenance was ever needed on the storm water ponds, you would have to jump around the trees that were replanted. Kip Johnson, Ac /a Engineering, signed an oath and spoke in favor of the request. He was not sure of the procedure for removing the trees; he is just trying to help meet everyone's standards without being excessive. No one testified in opposition to the application. The Board recessed for the site visit at 9:20 a.m. The Board reconvened at 10:12 a.m. DECISIONS After hearing the testimony and reviewing the material in the record, the Board rendered the following decisions: Appleation # 1 • Tom and Marlene Meyer — Special Exception Motion by Struemke, second by Nelson, to approve the special exception request for filling and grading an area exceeding 10,000 square feet in the Shoreland District of Furger's Pond in the Ag Residential District in the Town of St. Joseph based on the following findings of fact and conclusions of law: 1. The applicants are Tom and Marlene Meyer, property owners, with Auth Consulting & Associates, Inc. acting as their agent. 2. The site is located in the SE 1/ of the SE 1 /4 of Section 34, T30N, R19W, Town of St. Joseph, St. Croix County, Wisconsin. 3. The applicants filed an application with the Planning and Zoning Department for a special exception permit for filling and grading an area exceeding 10,000 square feet on slopes ranging from 12 — 24 percent in the Shoreland District of Furger's Pond pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. 4. With conditions for reducing the amount of filling and grading and vegetation disturbance; implementing and maintaining proper erosion control measures before, during, and after construction; and re- vegetating the disturbed area with trees at the same density and consisting of the same species as the trees removed, this request will not violate the spirit or general intent of the St. Croix County Zoning Ordinance and will meet the requirements of Sections 17.70(7)(a) and 17.70(b) of the Shoreland District regarding potential negative environmental 2 impacts to Furger's Pond. 5. This property is located within a primary environmental corridor as identified by the St. Croix County Development Management Plan 2000 -2020. With conditions for reducing the amount of filling and grading and vegetation removal; implementing and maintaining proper erosion control measures before, during and after construction; and re- vegetating the disturbed area with trees at the same density and consisting of the same species as the trees removed, the request will be consistent with the goals and objectives of the St. Croix County Development Management Plan 2000 -2020 aimed at conserving and protecting woodlands and their related benefits for wildlife habitat, protecting steep slopes and controlling erosion and sedimentation from development, identifying and protecting environmental corridors, and guiding development to locations and conditions that minimize adverse impacts to natural resources (Exhibit 8). 6. With conditions that ensure the proper construction of the joint portion of the driveway to Town standards; the implementation and maintenance of erosion and sediment control measures; the proper construction and long -term operation and maintenance of the storm water ponds; and the replanting and long -term care and maintenance of native trees to be replaced as part of the project, the request will not be contrary to the public health, safety, or general welfare, nor will it be substantially adverse to property values in the neighborhood, or constitute a nuisance. 7. The Town of St. Joseph Town Board recommends approval of this request conditioned upon proper erosion control being implemented as directed by the County to protect the surrounding areas and neighbors. 8. The St. Croix County Land and Water Conservation Department recommends that the applicants install silt fence along the downstream side of Pond 2, provide the minimum number of soil borings per standard for each proposed storm water feature, address erosion control for future home construction, and provide for upland sediment control along the driveways. The applicants' agent has submitted the requested soils data for the proposed storm water features and has stated that comments from the Land and Water Conservation Department and any comments from the Board of Adjustment and the Town of St. Joseph will be included in the erosion control plan for the site. 9. The St. Croix County Highway Department has reviewed the application through the land division review process and does not have any additional comments or concerns for the Board of Adjustment. 10. The Wisconsin Department of Natural Resources has informed staff that the storm water management measures are excessive but necessary to meet Town standards, and has verified that the project does not require a Chapter 30 permit. The Department recommends that erosion control on the steep slopes will be critical and establishing vegetation quickly will be essential. 3 s � e With the following conditions: 1. This special exception permit allows the applicant to disturb an area not in excess of the minimum requirements and not to exceed 1.8 acres on slopes ranging from 12 — 24 percent in the Shoreland District of Furger's Pond in order to construct a joint driveway and two storm water ponds for a proposed 2 -lot minor land division on 10 acres in accordance with the plans submitted on May 2, 2007, and as provided in the conditions below. Approval for this special exception permit does not include any additional grading and filling, tree removal, or other development activities. 2. Prior to commencing construction, the applicants shall obtain any other required local, state, or federal permits and approvals. 3. Prior to commencing construction, the applicants shall submit to and have approved by the Zoning Administrator a revised site plan showing a reduced driveway width and updated erosion control and storm water plans designed to reduce the amount of filling and grading to the minimum amount necessary to meet the standards in the County Shoreland District and the Town of St. Joseph's Subdivision/Road & Driveway Ordinance, and to address the issues raised by the Town of St. Joseph, St. Croix County Land and Water Conservation Department, St. Croix County Highway Department, and Wisconsin Department of Natural Resources (see Findings #8 - #10 above). Before beginning construction, the applicants shall install the erosion control measures in accordance with the approved plans. During construction, the smallest amount of bare ground shall be exposed for as short a time as possible. Upon completing construction, temporary ground cover such as mulch shall be used, and permanent cover including native trees and shrubs shall be planted to replace those removed during construction (see Condition #4 below). Phosphorous fertilizers shall not be used to establish and maintain vegetation on the disturbed area of the site, unless a soil test confirms that phosphorous is needed. 4. Prior to commencing construction, the applicants shall submit to and have approved by the Zoning Administrator a vegetation management plan showing the location, species, and size of replacement trees for those to be removed. The replacement trees should be planted in appropriate locations around the perimeters of the ponds and driveway at the same density and consisting of the same species as the trees removed. Replacement trees must have a minimum width of 2 inches DBH. The plan should also include an understory of smaller native trees and shrubs and native ground cover in order to restore sensitive wildlife habitat within the primary environmental corridor and Shoreland District, and stabilize and protect the steep slopes to prevent long -term erosion and sedimentation problems. The plan shall also include a timeline for planting, as well as a maintenance and operation agreement for the long -term care of the vegetation. 5. Prior to commencing construction, the applicants shall submit a surety in the form of a compliance deposit in good funds in the amount of $5,000 to be held by the 4 Zoning Administrator until the driveway construction, storm water management measures, and tree planting have been completed and approved to be in compliance with the conditions of this permit and all applicable provisions of the Ordinance, at which time the deposit will be refunded in full. 6. Prior to commencing construction, the applicants shall install construction fencing or another suitable barrier around the grading limits that are not already surrounded by silt fence to protect existing trees from damage during construction. The applicants must also schedule an on -site pre - construction meeting that includes the landowner, engineer, contractor and St. Croix County Planning and Zoning and Land and Water Conservation Department staff members to inspect the erosion control and tree protection measures and discuss construction timelines, compliance with all other pre - construction conditions, and roles and responsibilities of the owner, engineer, and contractor. 7. Within 30 days of completing construction, the applicants shall record the storm water management plan and operation and maintenance agreements for the infiltration areas, storm water drainageways and swales, storm water ponds and outlet structures, and for the long -term care of vegetation in the disturbed area against the property. The applicants shall provide a recorded copy to the Zoning Administrator. The intent is to make the future owners of Lots 1 and 2 aware of the responsibilities associated with the storm water management plan as well as the limitations incurred as a result of the plan. 8. Within 30 days of substantially completing construction, the applicants shall submit to the Zoning Administrator photos of the site and certification from the project engineer or registered landscape architect that the project has been completed as approved. 9. Any minor change or addition to the project, including but not limited to design of the project, shall require review and approval by the Zoning Administrator and the Land and Water Conservation Department prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 10. The applicants shall have one (1) year from the date of this approval to commence construction and two (2) years from the date of this approval to complete it. Failure to do so shall result in expiration of the special exception permit. If the special exception permit expires before construction commences, the applicant will be required to secure a new special exception permit before starting or completing the project. The applicants may request extensions of up to six months not to exceed a total of one year from the Zoning Administrator prior to the expiration of the permit in the event that additional time is needed to secure other required permits and approvals. 11. These conditions may be amended or additional conditions may be added if unanticipated circumstances arise that would affect the health and /or safety of 5 citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicants and an opportunity for a hearing. 12. Accepting this decision means that the applicants have read, understand, and agree to all conditions of this decision. Motion carried unanimously. Minutes Motion to approve minutes as amended by Nelson, second by Struemke. Motion carried unanimously. Board of Adjustment By -Laws Motion to approve the amended guidelines for PowerPointO presentations and insert them into Section 7 of the Board of Adjustment By -laws by Luckey, second by McAllister. Motion carried unanimously. Legal Update Murr case is still with the Judge. Staff has not received a summary judgment at this point. Date of Next Meeting July hearing is scheduled for Thursday, July 26 The meeting was closed at 11:54 a.m. by Chairman Malick. Respectfully submitted, Be cte s Sue Nelson, Secretary Becky Egge , Recordin retary 6