HomeMy WebLinkAboutBoard of Adjustment 03-23-06 f,
ST. CROIX COUNTY BOARD OF ADJUSTMENT
Thursday, March 23, 2006
8:30 a.m.
Government Center, Hudson, Wisconsin
AGENDA
A. CALL TO ORDER/ ROLL CALL
B. OPEN MEETING LAW STATEMENT
C. ACTION ON PREVIOUS MINUTES
D. DATE OF NEXT MEETING: April 27, 2006
E. HEARINGS
1) See attached Public Hearing Notice
F. UNFINISHED BUSINESS
2) Tabled on February 23, 2006: Robert and Johanna Nagel,owners/Dayspring
Development, agent (Town of Somerset) - Special Exception request for filling and grading
on slopes 20% or greater to construct a joint driveway pursuant to Section 17.15(6)(t) of the
St. Croix County Zoning Ordinance.
F. NEW BUSINESS:
H ANNOUNCEMENTS AND CORRESPONDENCE
I. ADJOURNMENT
(Agenda not necessarily presented in this order.)
SUBMITTED BY: St. Croix County Planning and Zoning Department
DATE: March 15, 2006
COPIES TO: County Board Office County Clerk
Board Members News Media/Notice Board
*CANCELLATIONS /CHANGES /ADDITIONS
*AMENDED
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, March 23, 2006 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 EXCEPTION
1. APPLICANT: Gerald L. and Jodene R. VanDam, owners
LOCATION: Part of the SW 1 /4 of the NE 1 /4 and the NW 1 /4 of the SE 1 /4, Section 8, T31N-
R18W, Town of Star Prairie
ADDRESS: 225195"' Street, New Richmond, WI
REQUEST: Special exception request for filling and grading in the Shoreland District of Squaw Lake
to construct a single - family residence pursuant to Section 17.29(2)(c) of the St. Croix
County Zoning Ordinance.
VARIANCE
2. APPLICANT: * Canceled: Ann Burton, owner
LOCATION: The SE 1/4 of the SW 1/4, Section 33, T31N -R16W, Town of Cylon
ADDRESS: 1818 County Road D
REQUEST: Variance request to the setback and vision triangle requirements of a road or highway to
locate a home on an existing parcel in the Ag/Residential District pursuant to Section
17.60 6.a -e. of the St. Croix County Zoning Ordinance.
3. APPLICANT: Lyndly Opitz, owner
LOCATION: Part of Gov. Lot 2, Section 24, T28N -R20W, Town of Troy
ADDRESS: 192 Cove Court
REQUEST: Item #1: Variance request to expand a non - conforming principal structure in the slope
preservation zone of the Lower St. Croix Riverway District pursuant to Section 17.36
I.2.e.1)b) of the St. Croix County Zoning Ordinance.
Item #2: Variance request to reconstruct a non - conforming deck and stairs attached to
the principle structure in the Slope Preservation Zone of the Lower St. Croix Riverway
District pursuant to Section 17.36 I.3.b. of the St. Croix County Zoning Ordinance.
*Item #3: Variance to structurally alter a foundation in the slope preservation zone in
the Lowe St. Croix Riverway District pursuant to section 17.36 1.2.d.1)h)iii of the St.
Croix County Zoning Ordinance.
*Item #4: Variance to filling and grading standards in the Slope Preservation Zone in
the Lower St. Croix Riverway District pursuant to section 17.36 H.3.c. of the St. Croix
County Zoning Ordinance.
SPECIAL EXCEPTION AND VARIANCE
4. APPLICANT: Belisle Excavating, Inc., owner
LOCATION: The S 1 /2 of the SE 1 /4 of Section 28 and the N %2 of the NE %a ,
Section 33, T31N -R19W, Town of Somerset
ADDRESS: 489 192nd Avenue, Somerset, WI 54025
REQUEST: Item #1: Special Exception request for an existing non - metallic mining
operation pursuant to Section 17.15(6)(g) and subject to Chapter 14.
Item #2: Variance to the 100' setback standard pursuant to Section 14.2 A.7.a.of the St.
Croix County Zoning Ordinance.
L,
5. APPLICANT: Donna Murr, owner
LOCATION: Part of Gov. Lot 2, Section 24, T28N -R20W, Town of Troy
ADDRESS: 202 Cove Court
REQUEST: Item #1: Variance to the substandard lot standards to use two contiguous substandard
lots in common ownership as separate building sites and reconfigure existing lot lines
pursuant to Section 17.36 1.4.a. 1-3 of the St. Croix County Zoning Ordinance.
Item #2: Variance to reconstruct and expand a nonconforming principal structure
without using the same footprint as the original structure in the Lower St. Croix
Riverway District pursuant to section 17.36 I.2.e.l (g) of the St. Croix County Zoning
Ordinance.
Item #3: Variance to the 15 -foot flood fringe fill standard in the Floodplain District
pursuant to Section 17.40 G.3.B.1 of the St. Croix County Zoning Ordinance.
Item #4: Variance to construct retaining walls that encroach within. the 200' OHWM
setback in the Lower St. Croix Riverway District pursuant to section 17.36 G.5.c.1 of the
St. Croix County Zoning Ordinance.
Item #5: Special exception request for filling and grading in excess of 2000 square feet
in the Shoreland District pursuant to Section 17.29(2)(c)3 of the St. Croix County
Zoning Ordinance.
Item #6: Variance to reconstruct a concrete patio (a nonconforming accessory structure)
in the Lower St. Croix Riverway District pursuant to section 17.36 I.3.b of the St. Croix
County Zoning Ordinance.
* Item #7: Variance to construct a deck within the OHWM setback in the Lower St. Croix
Riverway District pursuant to Section 17.36 G.5.c.1) 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.
Julie Speer, Chairperson
St. Croix County Board of Adjustment
OFFICIAL
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
March 23, 2006
(This hearing recorded by a Court Reporter)
The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was
made. Julie Speer, Art Jensen, Linda Luckey, and Buck Malick were present. Sue Nelson was
absent and excused. Staff included: David Fodroczi, Planning and Zoning Director, Jenny
Shillcox, Zoning Specialist, Steve Olson, Land and Water Conservation Department, Bob
Bezek, Code Administrator and Debbie Murphy, recorder.
The meeting of the Board of Adjustment was called to order. Chairperson Speer believes this
to be a properly noticed meeting, and the agenda was adopted with the deletion of Items 2 and
5 (Burton and Murr)..
The next meeting for the Board will be April 27, 2006. The meeting will be held in the
County Board Room at the Government Center. The starting time will be 8:30 a.m.
MINUTES
Motion by Jensen, seconded by Malick to adopt the minutes from the February 23, 2006
hearing, with minor changes. Motion carried.
The hearing was opened and testimony taken and recorded by a court reporter.
UNFINISHED BUSINESS
Robert Nagel/ DaYspring Development
Special Exception request for filling and grading on slopes 20% or greater to construct a
joint driveway to access two lots in the proposed Dayspring Development subdivision. This
request was tabled at the February 23 hearing for further review by staff, and to get input from
the Planning and Zoning Committee. The request is being brought back before the Board today.
Staff presented the request to the Board through a PowerPoint® presentation and went over the
staff report. The following two options were suggested:
Option #1: Improve the joint driveway access to Town standards up to the >20%
slopes, from which point on only a single driveway to Lot 4 would be allowed. This
would essentially limit development on Lot 3 to the net project area on the northern
portion of the lot (unless future owners of the lot are able to obtain a variance to fill
and grade on 25% slopes under the amended Zoning Ordinance).
Option #2: Reduce the width of the driveway to as low as 12 feet (the minimum
allowed for driveways) for the entire length of the originally proposed joint access.
This would allow for development on the southern portion of Lot 3 since the driveway
would be shared to that point.
It is the opinion of the staff, and the Planning and Zoning Committee, that Option #1 is the best
option. Staff has worked with the applicant on this.
Jason Paukner, sworn in, is representing the applicant. He reiterated that the applicant has
worked with the staff and the Planning and Zoning Committee and are agreeable to Option #1
for this project.
There was no objection to the request.
NEW BUSINESS
*AMENDED
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, March
23, 2006 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 EXCEPTION
1. APPLICANT: Gerald L. and Jodene R. VanDam, owners
LOCATION: Part of the SW 1 /4 of the NE '/a and the NW '/a of the SE ' / 4, Section 8,
T3 IN- R1 8W, Town of Star Prairie
ADDRESS: 2251 95`' Street, New Richmond, WI
REQUEST: Special exception request for filling and grading in the Shoreland District
of Squaw Lake to construct a single - family residence pursuant to Section
17.29(2)(c) of the St. Croix County Zoning Ordinance.
VARIANCE
2. APPLICANT: * Canceled: Ann Burton, owner
LOCATION: The SE 1/4 of the SW 1/4, Section 33, T3 IN-RI 6W, Town of Cylon
ADDRESS: 1818 County Road D
REQUEST: Variance request to the setback and vision triangle requirements of a
road or highway to locate a home on an existing parcel in the
Ag/Residential District pursuant to Section 17.60 6.a -e. of the St. Croix
County Zoning Ordinance.
3. APPLICANT: Lyndly Opitz, owner
LOCATION: Part of Gov. Lot 2, Section 24, T28N -R20W, Town of Troy
ADDRESS: 192 Cove Court
REQUEST: Item #1: Variance request to expand a non - conforming principal
structure in the slope preservation zone of the Lower St. Croix Riverway
District pursuant to Section 17.36 1.2.e.1)b) of the St. Croix County
Zoning Ordinance.
Item #2: Variance request to reconstruct a non - conforming deck and
stairs attached to the principle structure in the Slope Preservation Zone of
the Lower St. Croix Riverway District pursuant to Section 17.36 I.3.b. of
the St. Croix County Zoning Ordinance.
*Item #3: Variance to structurally alter a foundation in the slope
preservation zone in the Lowe St. Croix Riverway District pursuant to
section 17.36 1.2.d.1)h)iii of the St. Croix County Zoning Ordinance.
*Item #4: Variance to filling and grading standards in the Slope
Preservation Zone in the Lower St. Croix Riverway District pursuant to
section 17.36 H.3.c. of the St. Croix County Zoning Ordinance.
SPECIAL EXCEPTION AND VARIANCE
4. APPLICANT: Belisle Excavating, Inc., owner
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LOCATION: The S % of the SE' /4 of Section 28 and the N % of the NE 1 /4 ,
Section 33, T3 IN-RI 9W, Town of Somerset
ADDRESS: 489 192nd Avenue, Somerset, WI 54025
REQUEST: Item #1: Special Exception request for an existing non - metallic mining
operation pursuant to Section 17.15(6)(g) and subject to Chapter 14.
Item #2: Variance to the 100' setback standard pursuant to Section 14.2
A.7.a.of the St. Croix County Zoning Ordinance.
5. APPLICANT: * Canceled: Donna Murr, owner
LOCATION: Part of Gov. Lot 2, Section 24, T28N -R20W, Town of Troy
ADDRESS: 202 Cove Court
REQUEST: Item #1: Variance to the substandard lot standards to use two contiguous
substandard lots in common ownership as separate building sites and
reconfigure existing lot lines pursuant to Section 17.36 I.4.a.1 -3 of the St.
Croix County Zoning Ordinance.
Item #2: Variance to reconstruct and expand a nonconforming
principal structure without using the same footprint as the original
structure in the Lower St. Croix Riverway District pursuant to section
17.36 I.2.e.I(g) of the St. Croix County Zoning Ordinance.
Item #3: Variance to the 15 -foot flood fringe fill standard in the
Floodplain District pursuant to Section 17.40 G.3.13.1 of the St. Croix
County Zoning Ordinance.
Item #4: Variance to construct retaining walls that encroach within the
200' OHWM setback in the Lower St. Croix Riverway District pursuant
to section 17.36 G.5.c.1 of the St. Croix County Zoning Ordinance.
Item #5: Special exception request for filling and grading in excess of
2000 square feet in the Shoreland District pursuant to Section
17.29(2)(c)3 of the St. Croix County Zoning Ordinance.
Item #6: Variance to reconstruct a concrete patio (a nonconforming
accessory structure) in the Lower St. Croix Riverway District pursuant to
section 17.36 I.3.b of the St. Croix County Zoning Ordinance.
* Item #7: Variance to construct a deck within the OHWM setback in
the Lower St. Croix Riverway District pursuant to Section 17.36 G.5.c.1)
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.
Julie Speer, Chairperson
St. Croix County Board of Adjustment
Gerald and Jodene VanDam
Special exception request for filling and grading in the Shoreland District of Squaw Lake to
construct a single - family residence pursuant to Section 17.29(2)(c) of the St. Croix County
Zoning Ordinance.
Staff presented the request to the Board through a PowerPointO presentation and went over the
staff report and site design for the project. The Town, Land and Water Conservation
Department and the DNR have approved of the request with conditions. The staff has
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recommended approval with conditions.
A letter from an adjoining property owner, Diana E. Lundin, stated concerns about a driveway
easement on the property.
Catherine Munkittrick, sworn in, is the attorney representing the VanDams. She had several
concerns with the staff report given to the Board, and went over them in detail. Her concerns
were with conditions number 1, 3, 4, 5 6, 7,8 and 9.
There was no one that testified in opposition.
Lyndly Opitz
Item #1: Variance request to expand a non - conforming principal structure in the slope
preservation zone of the Lower St. Croix Riverway District pursuant to Section 17.36 I.2.e.1)b)
of the St. Croix County Zoning Ordinance.
Item #2: Variance request to reconstruct a non - conforming deck and stairs attached to the
principle structure in the Slope Preservation Zone of the Lower St. Croix Riverway District
pursuant to Section 17.36 I.3.b. of the St. Croix County Zoning Ordinance.
*Item #3: Variance to structurally alter a foundation in the slope preservation zone in the
Lower St. Croix Riverway District pursuant to section 17.3 6 1.2.d. 1)h)iii of the St. Croix County
Zoning Ordinance.
Staff presented the request to the Board through a PowerPoint® presentation and went over the
staff report and site design for the project. The home will not be any larger than what is
currently there, and this request meets the criteria for granting variances. The Land and Water
Conservation Department and the DNR have approved of the request with conditions. The staff
has recommended approval with conditions. The Town of Troy is reviewing this under their
own Riverway Ordinance, and will not be submitting comments.
Lyndly Opitz, owner, and Dave Herried, architect for the project, were sworn in. They have
worked with the staff on this and Herried submitted rain garden calculations to Steve Olson,
labeled Exhibit 7.
Thomas Belisle
Item #1: Special Exception request for an existing non - metallic mining operation pursuant to
Section 17.15(6)(g) and subject to Chapter 14.
Item #2: Variance to the 100' setback standard pursuant to Section 14.2 A.7.a.of the St. Croix
County Zoning Ordinance.
Buck Malick stated that he once was involved in a legal matter with Belisle years ago and spoke
with Belisle today and he has no problem with Malick being on the Board today.
Staff presented the request to the Board through a PowerPoint® presentation and went over the
staff report and site design for the project. Questions were raised about the variance request,
hours of operation and berm.
Scott McCurdy, agent for Belisles, and Tom Belisle were sworn in. McCurdy addressed
questions regarding variance and hours of operation. Variance is requested as the encroachment
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is pre - existing, and has been used for the operation for a long time. Hours of operation will be
the same as they have always been. Belisle addressed berm questions and stated that trees will
not be in the road right -of -way.
There was no opposition to the request.
The Board recessed from 10:20 a.m. to 1:00 a.m. to view the sites.
DECISIONS:
After hearing testimony on the requested special exception and variance applications,
reviewing the material in the record, and conducting a site visit, the Board rendered the
following decisions:
Robert Nagel/ Dayspring Development
Motion by Jensen, second by Malick to approve the special exception request for filling and
grading on slopes 20% or greater to construct a joint driveway, based on the following findings:
1. The applicant is Robert Nagel, 481 180 Avenue, Somerset, WI, property owner, with
Dayspring Development, LLC acting as the agent.
2. The site is located in the NE '/4 of the NW 1 /4 of Section 5, T30N, R19W, Town of Somerset,
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 on 20 percent slopes to install a joint driveway
access as part of the proposed Dayspring Vistas Subdivision pursuant to Section 17.15(6)(t)
of the St. Croix County Zoning Ordinance.
4. With conditions for shortening the length of the shared portion of the driveway to reduce the
amount of filling and grading and vegetation disturbance on steep slopes, approval of this
special exception request will not violate the spirit or general intent of the Ordinance.
5. Grading and filling on slopes greater than 20 percent is allowed with a special exception
permit in the Ag Residential District. The applicants are willing to adjust their plans to
reduce the amount of filling and grading necessary, and have worked with the Land and
Water Conservation Department to address erosion and storm water management issues with
professionally engineered plans to ensure that there are no negative environmental impacts
caused by the grading and filling activities.
6. With conditions that ensure the proper construction of the joint portion of the driveway to
Town standards; the proper installation of erosion and sediment control measures; and the
proper construction and maintenance of the storm water pond, the proposed project will not
be contrary to the public health, safety, or general welfare or be substantially adverse to
property values in the neighborhood.
7. The proposed filling and grading activities do not constitute a nuisance by reason of noise,
dust, smoke, odor, or other similar factors.
8. The Planning and Zoning Committee approved a variance to disturb 20 percent slopes
pursuant to the Land Division Ordinance, and conditioned approval of the preliminary plat
on the applicants' obtaining a special exception permit for the construction of the driveway
on these slopes pursuant to the Zoning Ordinance. The Committee also recommended that, of
the two options the Board of Adjustment is considering to reduce the amount of filling and
grading on steep slopes, it prefers that the driveway to Lots 3 and 4 be shared only up to the
20 percent slopes and improved to Town standards to that point, rather than reduced in
width.
9. The Town of Somerset recommends approval with the understanding that the shared
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portion of the driveway access shall be improved to Town standards and that a variance
would be needed from the Town to reduce the width to less than 22 feet of surface and 26
feet of right -of -way.
With the following conditions:
1. This special exception permit allows the applicants to disturb slopes greater than 20
percent to construct a single driveway access to Lot 4 in the proposed Dayspring Vistas
Subdivision.
2. Prior to commencing construction, the applicants shall submit to and have approved by
the Zoning Administrator revised construction plans for the joint driveway to extend only
up to the 20 percent slopes, with a single driveway access to Lot 4 constructed on the 20
percent slopes and a maximum pavement width not to exceed 12 feet. Any corresponding
changes to the erosion and sediment control and storm water management plans shall also
be submitted for review and approval at this same time.
3. Prior to commencing construction, the applicants shall obtain any other required local,
State, or federal permits and approvals.
4. Prior to beginning any work, the applicants must schedule an on -site pre - construction
meeting that includes the landowner, contractor, engineer, and staff from the County
Planning and Zoning and Land and Water Conservation Departments. Items to be
discussed include but are not limited to installation of BMPs, tree removal, construction
timelines, and roles and responsibilities of owner, engineer, and contractors.
5. Prior to beginning any work, the applicants must submit a financial guarantee equal to
120% of approved construction estimates in favor of St. Croix County, to be held by the
Planning and Zoning Department for erosion control and the storm water pond (to ensure
proper construction). The initial financial guarantee period shall be for a minimum of one
year and shall automatically renew until the County releases any or all of the financial
guarantees:
• Written estimates must be submitted to the Zoning Administrator for review and
approval.
• No construction, including earth moving, shall take place prior to approval of the
financial guarantees
• The applicant shall have the engineer submit proof that the plans were installed as
approved. This document can be submitted in the form of an as -built or other
document that county staff can review to ensure the plans were installed in accordance
with the original design.
• Upon substantial completion of all required improvements, the applicant shall notify
the Zoning Administrator of the completion of the improvements in writing. The
Zoning Administrator, in consultation with appropriate experts, shall inspect the
improvements.
• The County may retain a portion of the guarantee, for a period not to exceed two years
after final acceptance of an improvement to ensure the project has been stabilized.
This amount is not to exceed 15% of the cost of the improvements.
6. Prior to commencing construction, the applicants shall mark all trees to be removed and
shall install temporary fencing to protect the remaining trees and delineate the grading
limits during construction. During construction, the smallest number of trees shall be
removed and the smallest amount of bare ground shall be exposed for as short a time as
possible. Temporary ground cover such as mulch shall be used, and permanent cover
including native trees and shrubs sufficient in number to replace those removed during
construction shall be planted.
7. Within 30 days of completing construction, the applicants shall record the storm water
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management plan, drainage easements for the storm water, and a maintenance and
monitoring agreement for the ponds and drainage areas against the property. The
applicant shall provide a recorded copy to the Zoning Administrator. The intent is to
make the future owners of Lots 3 and 4 aware of the responsibilities associated with the
storm water management plan as well as the limitations the landowner incurs as a result
of the plan.
8. Within 30 days of completing construction, the applicant shall submit record drawings
prepared by the project engineer and photographs of the joint driveway and storm water
pond to the Zoning Administrator.
9. Any minor change or addition to the project, including but not limited to design of the
lots or the driveway, shall require review and approval by the Zoning Administrator 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 applicant shall have one year from the issuance of the special exception permit to
commence construction of the driveway in accordance with the planned construction of
the roads in the Dayspring Vistas Subdivision. 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 construction on the project.
11. These conditions may be amended or additional conditions may be added if unanticipated
conditions 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 hearing.
12. Accepting this decision means that the applicant has read, understands, and agrees to all
conditions of this decision.
The following vote was taken to approve: Malick, yes; Jensen, yes; Luckey, yes; Chairperson
Speer, yes. Motion carried unanimously.
Gerald and Jodene Van Dam
Motion by Malick, second by Jensen to table the special exception request for filling and
grading on slopes in the Shoreland District of Squaw Lake to allow the staff to review the
concerns expressed by the applicants and their attorney.
The following vote was taken to table: Malick, yes; Jensen, yes; Luckey, yes; Chairperson
Speer, yes. Motion carried unanimously.
Lvndly Opitz
Motion by Jensen, second by Speer to approve the variance request to expand a non - conforming
principal structure in the slope preservation zone of the Lower St. Croix Riverway District, the
variance request to reconstruct a non - conforming deck and stairs attached to the principle
structure in the Slope Preservation Zone of the Lower St. Croix Riverway District and a
variance to structurally alter a foundation in the Slope Preservation Zone in the Lower St. Croix
Riverway Districtbased on the following findings:
1. The applicant is Lyndly Opitz, property owner, 3119 Lynn Avenue S, St. Louis Park,
MN 55416.
2. The address of the site is 192 Cove Court, River Falls, WI 54022.
3. The site is located in part of Gov. Lot 2, Section 24, T28N, R20W, Town of Troy, St.
Croix County, WI.
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4. The Land & Water Conservation Department does not object to these variance requests.
5. The Wisconsin Department of Natural Resources does not object to these variance
requests.
Item #1 (Expansion of a Nonconforming Principal Structure) Findings and Conclusions:
Staff offers the following findings and conclusions of law pertinent to Item #1 for the Board's
consideration:
6. The applicant filed an application with the Board of Adjustment for a variance to expand
a nonconforming principal structure located wholly within the slope preservation zone in
the Lower St. Croix Riverway District.
7. Literal enforcement of the Ordinance would result in unnecessary hardship since the
applicant does not have another compliant building site on the lot that meets all of the
requirements of the Riverway District. The entire lot, which is less than an acre in size,
is in or within 40 feet of a slope preservation zone, which is unique to this property and is
not shared by many of the lots in the Riverway District.
8. The applicant is requesting minimal relief from the standards in the Ordinance since the
chimney is small and will stick out only one additional foot from the existing structure,
parallel to the river. The proposed cantilevered portion of the sun porch is identical to the
cantilevered portion on the existing sun porch.
9. Granting this variance would meet the spirit and intent of the St. Croix Riverway District
and Wisconsin State Administrative Code NR 118, the intent of which is to allow
property owners to rebuild what they have in the same footprint and at the same time
make the new structure blend into the landscape better while potentially decreasing
environmental impacts. With conditions for the removal of two existing sheds and storm
water management, the proposed project will result in less impervious coverage, less
structural encroachment within the slope preservation zone and OHWM setback, and less
storm water runoff than currently exists on the site. The roof overhang is also smaller
than what exists, and the applicants plan to plant additional trees to further secure the
slopes and enhance the scenic and natural characteristics of the water and related land of
the river.
Item #2 (Reconstructing a Nonconforming Deck and Stairs) Findings and Conclusions:
Staff offers the following findings and conclusions of law pertinent to Item #2 for the Board's
consideration:
10. The applicant filed an application with the Board of Adjustment for a variance to
reconstruct a nonconforming accessory deck and stairway that encroaches within the
200' OHWM setback and is within the slope preservation zone in the Lower St. Croix
Riverway District.
11. Literal enforcement of the Ordinance would result in unnecessary hardship since the
applicant does not have another compliant building site on the lot that meets all of the
requirements of the Riverway District. The entire lot, which is less than an acre in size,
is in or within 40 feet of a slope preservation zone, which is unique to this property and is
not shared by many of the lots in the Riverway District.
12. The applicant is requesting minimal relief from the standards in the Ordinance since the
new deck and stairs will have a smaller footprint and encroach less within the OHWM
setback and slope preservation zone than the existing deck and stairs.
13. Granting this variance would meet the spirit and intent of the St. Croix Riverway District
and Wisconsin State Administrative Code NR 118. The proposed deck will be within the
same footprint as the existing deck, and the proposed stairs will be smaller, located
further back from the river, and less visible from the river than the existing stairs. The
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applicants also plan to plant additional trees to further secure the slopes and enhance the
scenic and natural characteristics of the water and related land of the river.
Item #3 (Structurally Alter the Foundation in a Slope Preservation Zone) FindinLys and
Conclusions:
Staff offers the following findings and conclusions of law pertinent to Item #3 for the Board's
consideration:
14. The applicant filed an application with the Board of Adjustment for a variance to
structurally alter the foundation of a nonconforming principal structure in the slope
preservation zone in order to change the existing foundation under the sun porch from
posts with footings to a masonry foundation similar to that under the remainder of the
cabin, and to reinforce the existing masonry foundation if necessary.
15. Literal enforcement of the Ordinance would result in unnecessary hardship since the
applicant does not have another compliant building site on the lot that meets all of the
requirements of the Riverway District. The entire lot, which is less than an acre in size,
is in or within 40 feet of a slope preservation zone, which is unique to this property and is
not shared by many of the lots in the Riverway District.
16. The applicant is requesting minimal relief from the standards in the Ordinance since the
alteration will simply reinforce and improve what is already in existence without any
increase to footprint.
17. Granting this variance would meet the spirit and intent of the St. Croix Riverway District
and Wisconsin State Administrative Code NR 118. The altered foundation will be within
the same footprint as the existing structure and will not require additional filling or
grading in the slope preservation zone. Additionally, reinforcing and improving the
existing foundation will help to ensure that the newly
reconstructed home will be secure and will not cause future environmental damage such
as slope failure or erosion from excavations on steep slopes to fix problems from an
inadequate foundation.
18. The existing foundation has supported a home in the past without any signs of slope
failure or migration down the slope; therefore, a report from a geotechnical engineer is
not required.
With the following conditions (Items #1- #3):
1. Approval for these variances does not include any filling and grading, vegetation
removal, structures, or other activities not indicated in the revised plans submitted on
March 15, 2006.
2. Prior to commencing construction, the applicant shall secure necessary permits from the
Town of Troy and obtain any other required local, State, or Federal permits and
approvals, including but not limited to a County Sanitary Permit.
3. Prior to commencing construction, the applicant shall submit to the Zoning Administrator
a construction timeline and contact information for all of the excavators, landscapers,
architects, builders, plumbers, and other contractors working on the site.
4. Prior to commencing construction, the applicant shall submit to the Zoning Administrator
a Compliance Deposit equal to the application fee to be held by the Zoning Administrator
until all conditions of the approval have been met, at which time the deposit will be
refunded in full along with a Certificate of Compliance.
5. Prior to commencing construction, the applicant shall remove the two existing sheds on
the lot.
6. Prior to commencing construction, the applicant shall schedule an on -site pre -
construction meeting with the Zoning Administrator to:
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• ensure that all pre- construction conditions have been met;
• ensure that all contractors involved are aware of the conditions of the approval
pertinent to the
construction and excavation; and
• ensure that the applicants are aware of their roles and responsibilities as the property
owners
7. Prior to commencing construction, temporary fencing shall be installed around the drip
lines of all trees around the construction site to protect them from damage and soil
compaction caused by equipment, building supplies, and contractor traffic.
8. During construction and the installation of the holding tank and storm water pond, the
smallest amount of bare ground shall be exposed for as short a time as possible.
Temporary ground cover such as mulch shall be used and permanent native groundcover
shall be planted.
9. All components of the new cabin - including the chimney, roof, trim, siding, stairs, and
deck - must be earth -tone in color in accordance with the color chart suggested by the
Lower Wisconsin Riverway Board December 1994 (in the Zoning Administrator's
office) so as to be visually inconspicuous from the river.
10. Within 30 days of completing construction, the applicant shall submit to the Zoning
Administrator record drawings of the site prepared by a registered surveyor and
photographs of the property as viewed from the St. Croix River. The applicant shall be
responsible for maintaining and enhancing the current level of tree and shrub cover on
the site and planting additional native trees and shrubs as determined necessary by the
Zoning Administrator to substantially screen the new cabin from the river.
11. Within 30 days of completing construction, the applicant must record an affidavit against
the property describing the approved vegetation management plan, storm water
management plan, and related maintenance and monitoring requirements with the County
Register of Deeds. The intent is to make future owners aware of the responsibilities
incurred in maintaining the storm water management areas and screening. The applicant
must also submit a copy of the recorded affidavit to the Zoning Administrator.
12. 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 prior to making
the change or addition. Any major change or addition to the originally approved plan
will have to go through the variance approval process.
13. The applicant shall have one (1) year from the issuance of these approvals to commence
construction and two (2) years to complete it. Failure to do so shall result in expiration
of the variance, after which time the applicant will be required to secure a new variance
before starting or completing the project.
14. 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
proper notice to the applicant and an opportunity for a hearing.
15. Accepting this decision means that the applicant has read, understand, and agree to all
conditions of this decision.
The following vote was taken to approve: Malick, yes; Jensen, yes; Luckey, yes; Chairperson
Speer, yes. Motion carried unanimously.
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Thomas Belisle
Motion by Malick, second by Luckey to table the request for a renewal for an existing non-
metallic mining operation and for a variance to the 100 -foot setback for more clarification on
the variance request and the hours of operation needed.
The following vote was taken to table: Luckey, yes; Jensen, yes; Malick, yes; Chairperson
Speer, yes. Motion carried unanimously.
April meetinLy: The Board decided to have a special meeting to place tabled items on for
decisions. This meeting will take place on April 10 at 9:00 a.m.
The meeting declared adjourned at 2:00 p.m.
Respectfully submitted,
Sue Nelson, Secretary Debra Murphy, ecor 'ng Ocretary
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