HomeMy WebLinkAboutBoard of Adjustment 09-22-05 i
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ST. CROIX COUNT BOARD OF ADJUSTMENT
Thursday, eptember 22, 2005
:30 a.m.
Government Ce ter, Hudson, Wisconsin
GENDA
A. CALL TO ORDER/ ROLL CAL
B. OPEN MEETING LAW STATE ENT
C. ACTION ON PREVIOUS MINU ES
D. DATE OF NEXT MEETING: ctober 27, 2005
E. HEARINGS
1) See attached Public Hearing No ice
F. UNFINISHED BUSINESS
1) John and Cathy Gunther — tabl d variance request
G. NEW BUSINESS
H ANNOUNCEMENTS AND CO SPONDENCE
I. ADJOURNMENT
(Agenda not necessarily presented in this order.)
SUBMITTED BY: St. Croix County Planning nd Zoning Department
DATE: September 15, 2005
COPIES TO: County Board Office County Clerk
Board Members News Media/Notice Board
*CANCELLATIONS /CHANGES /ADDITIO
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PUBLIC H t ARING NOTICE
, The St. Croix County Board of Adjustment has sche uled a public hearing for Thursday, September 22, 2005 at
8:30 a.m. at the Government Center, 1101 Carmicha 1 Road, Hudson, Wisconsin, to consider the following
requests under the St. Croix County Zoning Ordinan e. The Board will view each site in question, after which
the Board will deliberate and vote on the requests.
VARIANCES
1. APPLICANT: John and Cathy Gunther, o ers
LOCATION: Gov. Lot 1 in Section 14 an 15, T30N -R20W, Town of Somerset.
ADDRESS: 1488 Twin Springs Road
REQUEST: Variance request to the road setback requirements of 133 -feet from
the centerline of a Class D ighway pursuant to Section 17.64(1)(d)2. The request is
to construct a gazebo on top of an existing deck on the lot.
2. APPLICANT: Kurt Afdahl, owner
LOCATION: The SW 1 /4 of the NE 1 /4, Se tion 18, T28N -R17W, Town of Pleasant
Valley
ADDRESS: 1554 35 Avenue, Hammo d, WI 54015
REQUEST: Variance request to the roao setback requirements of 133 -feet from
the centerline of a Class D ighway pursuant to Section 17.64(1)(d)2.
The request is to repair and increase the size of an existing shed on the
applicant's property.
3. APPLICANT: Steven J. and Pamela K. Hi sch
LOCATION: Part of the SW 1 /4 of the ' / 4, the NW 1 /4 of the SW 1 /4 and Gov.
Lots 6 and 7 of Section 26, T30N -R19W, Town of St. Joseph
ADDRESS: 1349 Awatukee Trail, Hud on, WI 54016
REQUEST: After — the -fact variance re uest to allow an accessory structure that
currently encroaches 19 -fe t within the OHWM setback of Bass Lake to be moved to
encroach 15 -feet within th OHWM setback pursuant to Section 17.31(2).
SPECIAL EXCEPTIONS and VARIANCES
4. APPLICANT: Ed and Lori Hendricks, o ers
LOCATION: The NW 1 /4 of the NE 1 /4,S ction 26, T30N -R19W, Town of St. Joseph
ADDRESS: 1382 Frog Pond Lane, Ne Richmond, WI 5401.7
REQUEST: Item #1: Variance request to the road setback of a Class E Highway,
pursuant to Section 17.64( )(e)2.
Item #2 : Special exceptio request for a permit for filling and grading in the Shoreland
of Bass Lake pursuant to ection 17.29(2)(c)3.
The above requests are to llow the applicant to construct a cabin on an existing lot in
the Shoreland District of ass Lake.
5. APPLICANT: David and Lynn Robson, wners
LOCATION: Part of Gov. Lot 1, Sectio 34, T30N -R20W, Town of St. Joseph
ADDRESS: 11274 Highway 35, Huds n, WI 54016
REQUEST: Item #1: Variance reques to the 40 -foot bluffline setback requirement of
the Lower St. Croix Rive ay District ordinance pursuant to Section
17.36G.5.c.(2) to constru t a swimming pool and patio on an existing lot.
Item #2 : Special Excepti n request for a permit for filling and grading
within the 40 -foot bluffline s tback in the Lower St. Croix Riverway
District pursuant to Section 1� 36F.3.a.(5) to construct a swimming pool.
Item #3: Variance request to�encroach within the 25 -foot sideyard setback requirement
of the Lower St. Croix RiveiWay District ordinance pursuant to 17.36G.5.c.(3) to
construct a swimming pool.
Item #4: Variance request to encroach within the 25-foot sideyard setback requirement
of the Lower St. Croix Rive ay District ordinance pursuant to 17.36G.5.c.(3) for an
addition onto an existing gar ge on the property.
SPECIAL EXCEPTIONS
6. APPLICANT: William P. Enright, owner
LOCATION: Lot 1, Wigwam Shores, in S ction 17, T31N -R18W, Town of Star Prairie
ADDRESS: 946 Brave Drive, Somerset,
REQUEST: Item #1: Special exception r quest for filling and grading on slopes greater
than 20% in the Shoreland istrict of Squaw Lake pursuant to Section 17.29(2)(c)1. The
request is to allow the applic t to remove an existing retaining wall and restore the
shoreline on Squaw Lake.
Item #2: Special Exception quest for filling and grading on slopes 12 -20%
in the Shoreland District of quaw Lake pursuant to Section 17.29(2)(c)2.
All interested persons are invited to attend said he 'ng and be heard. Additional information may be obtained
from the St. Croix County Planning an d Zoning D artment, Hudson, Wisconsin at (715) 386 -4680.
Julie Sp er, Chairperson
St. Croi County Board of Adjustment
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PUBLIC HEJARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, September
22, 2005 at 8:30 a.m. at the Government Centers 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 willideliberate and vote on the requests.
VARIANCES
1. APPLICANT: John and Cathy Gunther, owners
LOCATION: Gov. Lot 1 in Section 14 and 15, T30N -R20W, Town of Somerset.
ADDRESS: 1488 Twin Springs Roa
REQUEST: Variance request to the road setback requirements of 133 -feet from
the centerline of a Class D Highway pursuant to Section 17.64(1)(d)2.
The request is to construct a gazebo on top of an existing deck on the lot.
2. APPLICANT: Kurt Afdahl, owner
LOCATION: The SW 1 /4 of the NE '/,, Section 18, T28N- R.17W, Town of Pleasant
Valley
ADDRESS: 1554 35 Avenue, Hammond, WI 54015
REQUEST: Variance request to the road setback requirements of 133 -feet from
the centerline of a Class D Highway pursuant to Section 17.64(1)(d)2.
The request is to repair and increase the size of an existing shed on the
applicant's property.
3. APPLICANT: Steven J. and Pamela K Hirsch
LOCATION: Part of the SW 1 /4 of the NW 1 /4, the NW 1 /4 of the SW 1 /a and Gov.
Lots 6 and 7 of Section 26, T30N -R19W, Town of St. Joseph
ADDRESS: 1349 Awatukee Trail, Hudson, WI 54016
REQUEST: After — the -fact variance request to allow an accessory structure that
currently encroaches 19-feet within the OHVN'M setback of Bass Lake to be
moved to encroach 154 eet within the OHWM setback pursuant to Section
17.31(2).
SPECIAL EXCEPTIONS and VARIANCES
4. APPLICANT: Ed and Lori Hendricks, owners
LOCATION: The NW 1 /4 of the NE 1 , Section 26, T30N -Rl9W, Town of St. Joseph
ADDRESS: 1382 Frog Pond Lane, ew Richmond, WI 54017
REQUEST: Item #1: Variance request to the road setback of a Class E Highway,
pursuant to Section 17. 4(1)(e)2.
Item #2 : Special exception request for a permit for filling and grading in the
Shoreland of Bass Lake pursuant to Section 17.29(2)(c)3.
The above requests are to allow the applicant to construct a cabin on an
existing lot in the Shor land District of Bass Lake.
5. APPLICANT: David and Lynn Robso , owners
LOCATION: Part of Gov. Lot 1, Seci ion 34, T30N- R20W Town of St. Joseph
ADDRESS: 11274 Highway 35, Hu dson, WI 54016
REQUEST: Item #1: Variance reqt est to the 40 -foot bluffline setback requirement of
the Lower St. Croix Ri erway District ordinance pursuant to Section
17.36G.5.c.(2) to cons ct a swimming pool and patio on an existing lot.
Item #2 : Special Excep ion request for a permit for filling and grading
within the 40 -foot bluffl ne setback in the Lower St. Croix Riverway
District pursuant to SecOon 17.36F.3.a.(5) to construct a swimming pool.
Item #3: Variance requ st to encroach within the 25 -foot sideyard setback
requirement of the Low ;r St. Croix Riverway District ordinance pursuant to
17.36G.5.c.(3) to construct a swimming pool.
Item #4: Variance requ st to encroach within. the 25 -foot sideyard setback
requirement of the Low r St. Croix Riverway District ordinance pursuant to
17.36G.5.c.(3) for an a dition onto an existing garage on the property. j
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SPECIAL EXCEPTIONS
6. APPLICANT: William P. Enright, o er
LOCATION: Lot 1, Wigwam Shores in Section 17, T31N R18W, Town of Star Prairie
ADDRESS: 946 Brave Drive, Some set, WI
REQUEST: Item #1: Special except on request for filling and grading on slopes greater
than 20% in the Shorel d District of Squaw Lake pursuant to Section
17.29(2)(c)1. The requ st is to allow the applicant to remove an existing
retaining wall and resto e the shoreline on Squaw Lake.
Item #2: Special Excep ion request for filling and grading on slopes 12 -20%
in the Shoreland Distri t of Squaw Lake pursuant to Section 17.29(2)(c)2.
All interested persons are invited to attend sai4 hearing and be heard. Additional information may
be obtained from the St. Croix County Planni g and Zoning Department, Hudson, Wisconsin at
(715) 386 -4680.
Julie S eer, Chairperson
St. Croi County Board of Adjustment
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O FICIAL
BOARD OF ADJUSTMENT MJEETING AND HEARING MINUTES
Septe ber 22, 2005
(This hearing recorded by a Court Reporter)
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The meeting was called to order by Chairperso Julie Speer at 8:30 a.m. A roll call was made. Julie 1
Speer, Art Jensen, Sue Nelson, Buck Malick nd Linda Luckey were present. Staff included: Bob
Bezek, Code Administrator, David Fodroczi, P anning and Zoning Director, Jenn Emmerich, Zoning j
Specialist, Steve Olson, Land and Water Conse ation Department and Debbie Murphy, recorder.
The meeting of the Board of Adjustment was c fled to order. Chairperson Speer believes this to be a
properly noticed meeting, and the agenda was a opted.
The next meeting for the Board will be Octo er 27, 2005. The meeting will be held in the County
Board Room at the Government Center. The st ing time will be 8:30 a.m.
MINUTES
Motion by Malick, seconded by Jensen to adop the minutes from the August 25, 2005 hearing, with
changes noted. Motion carried.
The hearing was opened and testimony taken a d recorded by a court reporter.
NEW BUSINESS
Chairperson Speer welcomed everyone in atte dance and gave a brief overview of how the Board of
Adjustment meeting is conducted. Chairpe son Speer stated that the public hearing notice was
published correctly and was read into the recor as follows:
PUBLICS ARING NO TICE
The St. Croix County Board of Adjustment has s heduled a public hearing for Thursday, September 22,
2005 at 8:30 a.m. at the Government Center, 110 Carmichael Road, Hudson, Wisconsin, to consider the
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following requests under the St. Croix County Z'd ning Ordinance. The Board will view each site in
question, after which the Board will deliberate vote on the requests.
VARIANCES
1. APPLICANT: John and Cathy Gunth r, owners
LOCATION: Gov. Lot 1 in Section 4 and 15, T30N -R20W, Town of Somerset.
ADDRESS: 1488 Twin Springs Ro d
REQUEST: Variance request to th road setback requirements of 133 -feet from
the centerline of a Cl ss D Highway pursuant to Section 17.64(1)(d)2. The
request is to construct gazebo on top of an existing deck on the lot.
2. APPLICANT: Kurt Afdahl, owner
LOCATION: The SW 1 /4 of the NE /a, Section 18, T28N -R17W, Town of Pleasant
Valley
ADDRESS: 1554 35"' Avenue, Ha ond, WI 54015
REQUEST: Variance request to th road setback requirements of 133 -feet from
the centerline of a C1a s D Highway pursuant to Section 17.64(1)(d)2.
The request is to repai and increase the size of an existing shed on the
applicant's property.
3. APPLICANT: Steven J. and Pamela . Hirsch
LOCATION: Part of the SW '/4 of t e NW 1 /4, the NW 1 /4 of the SW '/4 and Gov.
Lots 6 and 7 of Sectio 26, Huds T30N -R19W, Town of St. Joseph
ADDRESS: 1349 Awatukee Trail, on, WI 54016
REQUEST: After —the -fact varian e request to allow an accessory structure that
currently encroaches 9 -feet within the OHVbM setback of Bass Lake to be
moved to encroach 1 -feet within the OHWM setback pursuant to Section
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17.31(2).
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SPECIAL EXCEPTIONS and VARIANCES
4. APPLICANT: Ed and Lori Hendricks, pwners
LOCATION: The NW t /4 of the NE 1 /, Section 26, T3 ON-RI 9W, Town of St. Joseph
ADDRESS: 1382 Frog Pond Lane, ew Richmond, WI 54017
REQUEST: Item #l: Variance requ st to the road setback of a Class E Highway,
pursuant to Section 17. (1)(e)2.
Item #2 : Special excep on request for a permit for filling and grading in the
Shoreland of Bass Lak pursuant to Section 17.29(2)(c)3.
The above requests are o allow the applicant to construct a cabin on an existing
lot in the Shoreland Di trict of Bass Lake.
5. APPLICANT: David and Lynn Robs o , owners
LOCATION: Part of Gov. Lot 1, Sec "on 34, T30N -R20W, Town of St. Joseph
ADDRESS: 11274 Highway 35, H dson, WI 54016
REQUEST: Item #1: Variance req est to the 40 -foot bluffline setback requirement of
the Lower St. Croix Ri erway District ordinance pursuant to Section
17.36G.5.c.(2) to cons ct a swimming pool and patio on an existing lot.
Item #2 : Special Exce tion request for a permit for filling and gradingwithin the
40 -foot bluffline setba k in the Lower St. Croix RiverwayDistrict pursuant to
Section 17.36F.3.a.(5) to construct a swimming pool.
Item #3: Variance req est to encroach within the 25 -foot sideyard setback
requirement of the Lo er St. Croix Riverway District ordinance pursuant to
17.36G.5.c.(3) to cons ct a swimming pool.
Item #4: Variance re est to encroach within the 25 -foot sideyard setback
requirement of the Lo er St. Croix Riverway District ordinance pursuant to
17.36G.5.c.(3) for an ddition onto an existing garage on the property.
SPECIAL EXCEPTIONS
6. APPLICANT: William P. Enright, o er
LOCATION: Lot 1, Wigwam Shor s, in Section 17, T31N -R18W, Town of Star
Prairie
ADDRESS: 946 Brave Drive, So erset, WI
REQUEST: Item #1: Special exce tion request for filling and grading on slopes
greater than 20% in e Shoreland District of Squaw Lake pursuant to
Section 17.29(2)(c)L The request is to allow the applicant to remove an
existing retaining wa 1 and restore the shoreline on Squaw Lake.
Item #2: Special Exc ption request for filling and grading on slopes 12-
20% in the Shorelan District of Squaw Lake pursuant to Section
17.29(2)(c)2.
All interested persons are invited to attend sa d hearing and be heard. Additional information may be
obtained from the St. Croix County Planning and Zoning Department, Hudson, Wisconsin at (715)
386 -4680.
Juli Speer, Chairperson
St. roix County Board of Adjustment
The Board recessed from 10:55a.m. to 2:50 .m. to view the sites.
NEW BUSINESS
DECISIONS:
After hearing testimony on the requested va iance and special exception requests, reviewing the
material in the record, and conducting a site visit, the Board rendered the following decisions:
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John and Cathy Gunther
On the motions stated below, the Board made the following decisions based on the following findings and
facts:
1. The applicants are John and Cathy Gunther, property owners, 1488 Twin Springs
2. Road, Houlton, WI 54082. j
3. The site is located in the NE 1 /4 of t e SW 1 /4, all in Section 36, T30N -R19W, Town of
Somerset, St. Croix County, WI.
4. The applicants followed due process in obtaining a building permit for the existing deck from
the Town of Somerset in 1989 and ge ing approval from the National Park Service. At the
time they constructed the deck, they were not aware that additional County permits and
approvals were needed. They are now s eking after - the -fact approval for the existing deck.
5. Accessory structures are permitted uses in the Lower St. Croix Riverway District.
6. The Town of Somerset has recommend d approval of these requests.
7. The National Park Service does not o ject to these requests and finds them to be consistent
with the terms of the scenic easement o the applicants' property.
8. There has been no public opposition to hese requests.
9. In granting this variance, the spirit of he Ordinance shall be observed and substantial justice
done by allowing the applicants to ha e a low- impact, permitted use on their property while
maintaining the scenic beauty of the Ri erway.
Item 1 &2:
Motion by Malick, second by Jensen to grant the variance requests for the existing deck to remain in the
current location and to deny the proposed gazeb based on the following findings:
1. The applicants filed an application with he Board of Adjustment for a variance for an existing
deck and new gazebo to encroach withi the OHWM and bluffline setbacks pursuant to Section
17.36(5)(c)1 of the St. Croix County Zo ing Ordinance.
2. The existing deck meets the required r ar and side yard setbacks, but not the road setback due to
the shallow depth of the lot.
3. The encroachment of the existing deck ill not be contrary to the public interest. The primary
public purposes of the setback requirem nts in the Riverway are to reduce the effects of poorly
planned shoreland and bluff area develo ment; prevent pollution and contamination of surface
and ground waters and soil erosion; and preserve and maintain the exceptional scenic and natural
characteristics of the Lower St. Croix ver Valley. As part of the request, ongoing erosion on the
site will be mitigated with proper erosio control and vegetation management; no filling and
grading on or near steep slopes or the s oreline will be done; no additional impervious coverage
will be added; and existing and propose I native vegetation will ensure that both structures are
visually inconspicuous. Thus, the publi purposes will not be undermined with the approval of
this variance.
4. Literal enforcement of the provisions o the Ordinance by removing the deck would create an
unnecessary hardship for the property o ers due to unique characteristics of their site - including
a shallow lot and steep slopes - that res It in their having no compliant building location. These
site limitations are not self - created by a y actions of the landowner.
5. The Board finds cause for denying the tariances to allow the proposed gazebo, as the applicants
have not demonstrated that not having gazebo is a hardship.
Item #3:
Motion by Malick, second by Nelson to grant he variance for the existing deck to remain in the
current location within the roadway setback o a Class D Highway and to deny the proposed gazebo
based on the following findings:
1. The applicants filed an application wi h the Board of Adjustment for a variance for an existing
deck and new gazebo to encroach wit in the road setback of a Class D Highway, pursuant to
Section 17.64(1)(d)2. of the St. Croix County Zoning Ordinance.
2. The existing deck meets all other dimensional standards in the Ordinance.
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3. The encroachment of the existing deck Nvill not be contrary to the public interest. The primary
public purposes of the road setback requirements in the Riverway are to preserve the public
safety of the people traveling on the road and maintain the exceptional scenic and natural
characteristics of the Lower St. Croix River Valley. The deck is located behind the house and
will not be seen from the St. Croix Rive#.
4. Literal enforcement of the provisions ofIthe Ordinance by removing the deck would create an
unnecessary hardship for the property o ers due to unique characteristics of their site that
result in their having no compliant buil 'ng location. These site limitations are not self - created
by any actions of the landowner.
5. The Board finds cause for denying the variances to allow the proposed gazebo, as the
applicants have not demonstrated that not having a gazebo is a hardship.
With the following conditions:
1. These variances allow the applicants to etain an existing deck within the OHWM and
bluffline setbacks of St. Croix River in ccordance with the plans submitted on July 15, 2005.
Approval of these variances does not in lude any additional grading and filling, structures, or
impervious coverage not shown or indic ited in those plans.
2. On or before November 15, 2005, the af plicants shall submit and have approved by the
Planning and Zoning Department a.native vegetation management plan complete with a
planting timeline and maintenance schedule to extend the native groundcover, understory, and
trees up over the edge of the bluff in froi it of the entire deck area by 5 — 10 feet in order to:
• further stabilize the top of the bluff;
• reduce rain splash;
• maintain existing tree cover and provide additional vegetative screening of the deck;
and
• create a buffer to intercept surfa e runoff and sediments to reduce erosion down the
slope of the bluff.
3. On or before June 30, 2006 the applicanfiss shall establish self - sustaining native groundcover on all
bare soil surrounding the existing deck. The groundcover must be well adapted to survive the
soil types and shady conditions on the site and must be maintained to permanently stabilize
the soil surrounding the deck.
4. Within 30 days of implementing the ve etation management plan, the applicants shall record
the plan against the deed for the prope and provide a recorded copy to the Zoning
Administrator. The intent is to make the current and future owners aware of the maintenance
responsibilities associated with the plan and its importance for erosion control, slope
stabilization, and screening.
5. The applicants shall replace the pipes from the sump pump, drain tile, and gutters that
currently discharge down the slope of the bluff. The applicants shall allow native vegetation to
regenerate along the gully. The applicants shall consult Steve Olson of the Land & Water
Conservation Department to determine a suitable type of drain pipe.
6. The applicants shall submit to the Zoning Administrator photographs of the property as
viewed from the top of the bluff and from the mid - channel of the St. Croix River after the site
improvements.
7. 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.
8. 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.
9. Accepting this decision means that the a plicants have read, understand, and agree to all
conditions of this decision.
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The following vote was taken to approve: Nels n, no; Malick, yes; Luckey, yes; Jensen, yes;
Chairperson Speer, no. Motion carried on a 3 -2 ote.
Kurt Afdahl
Motion by Nelson, second by Speer to approve the request for a variance to a Class D Highway
setback, based on the following findings:
1. The applicant is Kurt Afdahl, property owner, 1554 35 Avenue, Hammond, WI 54015.
2. The site is located in the SW '/4 of the NE %4, all in Section 18, T28N, R17W, Town of
Pleasant Valley, St. Croix County, WI.
3. The applicant filed an application with the Board of Adjustment for a variance to encroach
upon the Class D Highway setback purs ant to 17.64(d)2. of the St. Croix County Zoning
Ordinance.
4. Accessory structures are permitted uses in the Agricultural District.
5. The Town of Pleasant Valley supports approval of this request.
6. There has been no public opposition to I hese requests.
7. The shed will meet all other dimensiona 1 standards in the Ordinance.
8. In granting this variance, the spirit of th Ordinance shall be observed and substantial justice
done by allowing the applicants to have a permitted use on their property.
9. The structure has historical significance The shed was constructed in 1880 and was originally
used as a store when Britton's Corners as in existence.
With the following conditions:
1. This variance allows the property owner to reconstruct the west wall of the existing shed 16-
feet westward from the structure in accordance with the plans submitted on August 12, 2005.
Approval of this variance does not include any additional encroachment upon the 35 ffi Avenue
setback.
2. Prior to commencing construction of th wall, the applicant shall secure a building permit
from the Town of Pleasant Valley and fain any other required local, State, or Federal
permits and approvals.
3. Prior to commencing construction of the wall, the applicants shall schedule an on -site pre -
construction meeting with the Zoning Administrator to:
• Provide a construction timeline and contact information for the contractors and/or
landscapers in charge of the site improvements;
• To ensure that all pre-constructi on conditions have been met; and
• To ensure that the property owr ers and any contractors involved are aware of their
roles and responsibilities.
4. Within 30 days of completing construct on, the applicant shall submit to the Planning and
Zoning Department an as -built drawing of the shed and photographs of the completed
construction.
5. Any minor change or addition to the pr ject, including but not limited to design of the project,
shall require review and approval by thq 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.
6. The applicant shall have one (1) year from the issuance of this variance to commence
construction. Failure to do so shall result in expiration of the variance. If the variance expires
before construction commences, the applicant will be required to secure a new variance before
starting or completing the project.
7. 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.
8. Accepting this decision means that the pplicant has read, understand, and agree to all
conditions of this decision.
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The following vote was taken to approve: Nels 6 n, yes; Malick, yes; Luckey, yes; Jensen, yes;
Chairperson Speer, yes. Motion carried unanimously.
Steven I and Pamela K. Hirsch
Motion by Malick, second by Speer to deny the request for an after- the -fact variance to allow an
accessory structure that currently encroaches 19-feet within the OHWM setback of Bass Lake to be
moved to encroach 15 -feet within the OHWM set ack, based on the following findings:
1. The applicants are Steven and Pamela ]Hirsch, property owners, 1349 Awatukee Trail,
Hudson, WI 54016.
2. The site is located in the part of the SW ' / 4 of the NW '/a and part of the NW '/4 of the SW ' / 4,
and Government Lots 6 and 7, all in Section 26, T30N -R1 9W, Town of St. Joseph, St. Croix
County, WI.
3. The applicants did not apply for a variance from the County or a building permit from the
Town of St. Joseph prior to constructing, the hot tub building and are currently in violation of
the St. Croix County Zoning Ordinance They are now seeking after - the -fact approval for the
structure to encroach 15 feet within the required OHWM setback of Bass Lake pursuant to
Section 17.31(2) of the Ordinance.
4. There has been public opposition to thiE request.
5. The Town of St. Joseph has recommen ed denial of this variance request.
6. The Bass Lake Rehabilitation District h is recommended denial of this variance request.
7. Wisconsin Department of Natural Reso irces has recommended denial of this variance request:
8. In granting this variance, the spirit and tent of the St. Croix County Shoreland Ordinance
would not be observed and substantial justice would not be done as it would allow
encroachment of a structure within the shoreland area and would not preserve shore cover and
natural beauty.
9. The encroachment of the existing hot building is contrary to the public interest. The
public purpose of the Shoreland Ordinance and the statutory objectives of the Wisconsin
Shoreland Management Program are to ensure clean water for drinking supplies, preserve fish
and wildlife habitat, and protect natural scenic beauty. In granting this variance, the public
interest would be undermined because: The hot tub building increases impervious coverage
near steep slopes close to the shoreline, which in turn increases the quantity and velocity of
storm water runoff, thermal loading, an nutrients and sediments entering the lake;The hot tub
building is located in the sensitive shor land setback area, which negatively impacts and
disrupts valuable habitat for aquatic and terrestrial plant and animal species; and; The hot tub
building is not screened by vegetation and is highly visible from the lake, which detracts from
the natural beauty of the shoreline.
10. Literal enforcement of the provisions o the Ordinance does not unreasonably prevent the
applicants from using their property for a permitted use as they have ample compliant
buildable area with the same view of Bass Lake on their lot to locate the hot tub building and
meet all required setbacks and provisio s in the Ordinance.
11. Literal enforcement of the provisions o the Ordinance does not create an unnecessary
hardship for the applicants as there are o special conditions unique to their property that
render conformity with the setback rest ctions unnecessarily burdensome. The applicant's lot
has ample compliant building area that is much more suitable for the hot tub building than its
proposed location. Furthermore, the str icture can easily be moved by the applicants, who are
willing and able to move the structure I ack four feet from its present location. There is no
reason, other than personal preference, why the applicants can't move the structure back the
additional 15 feet to meet the required etback.
The following vote was taken to deny: Nelson, yes; Jensen, yes; Luckey, yes; Chairperson Speer, yes,
Malick, yes. Motion carried unanimously.
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Ed and Lori Hendricks
Motion by Malick, second by Nelson to approve the variance to the road setback of a Class E Highway
and a special exception permit for filling and jgrading in the Shoreland of Bass Lake based on the
following findings:
1. The applicants are Ed & Lori Hendrick property owners, 1286 89 Street, New Richmond,
WI 54017.
2. The site is located in the NW' /4 of the NE '/4, all in Section 26, T30N -R19W, Town of St.
Joseph, St. Croix County, WI.
3. Principal structures and stairs are permi ed uses in the Shoreland District.
4. The Land & Water Conservation DepaAment does not object to these requests.
5. The Town of St. Joseph and the Bass Lake Rehabilitation District supports approval of these
requests with a condition to address erosion control.
6. This request does not violate the spirit or general intent of the St. Croix County Zoning
Ordinance.
7. This request does not negatively impact the public health, safety or general welfare of the
public, nor would it be substantially adverse to property values in the neighborhood.
8. This request does not constitute a nuisance by reason of noise, dust, smoke, odor or other
similar factors.
9. The request is not contrary to the public interest and there has been no public opposition. All
of the adjoining property owners either supported this request in person or via letters.
10. With the removal of the lower deck and stairs and the reestablishment of native vegetative
cover upon completion of the project, the natural characteristics of the site will be restored.
Item #1 Variance request to encroach upon the Class E Highwgy Highway setback:
1. The applicants filed an application wi& the Board of Adjustment for a variance to encroach
upon the Class E Highway setback pursuant to 17.64(e)(2). of the St. Croix County Zoning
Ordinance to reconstruct their principal dwelling.
2. The applicants are not requesting to conE truct the proposed structure any closer to the road than
the existing structure currently is.
3. The encroachment of the principal dwelling will not be contrary to the public interest. The
primary public purposes of the road set ack requirements are to preserve the public safety of
the people traveling on the road. Frog Pond Lane is a lightly traveled private access road that
services a small number of lots and has a low speed limit.
4. Literal enforcement of the provisions �Iharacteristics the Ordinance would create an unnecessary hardship
for the property owners due to unique of their site that result in their having no
compliant building location. These site limitations are not self'-created by any actions of the
landowner.
Item #2 Special exception for filling and grading on slopes greater tha 20 percent in the shoreland
area of Bass Lake:
1. The applicants filed an application wit the Board of Adjustment for a special exception
permit to fill and grade on slopes great ,-r than 20 percent in the Shoreland District to remove
the existing deck, stairs and principal welling and construct a new principal dwelling and
stairs, pursuant to Section 17.29(2)(c)O of the St. Croix County Zoning Ordinance.
2. With the proper erosion control, this request will not increase water pollution including
sedimentation, nor will it lead to increased erosion or drainage issues.
With the following conditions:
1. This variance allows the applicants to tonstruct a new principal dwelling with the road
setbacks of Frog Pond Lane, a Class E highway in accordance; with the plans submitted on
August 15, 2005. Approval of this variance does not include any additional grading and
filling, structures, or impervious cover ge not shown or indicated in those plans.
2. The special exception permit allows the applicants to disturb greater than 20 percent slopes in
the shoreland area to remove the existing deck, principal dwelling and stairs and construct a
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new principal dwelling and stairs in acc rdance with the plans submitted on August 15, 2005
and the supplemental plans submitted o� September 12, 2005.
3. Prior to commencing construction, the applicants shall secure a town building permit from the
Town of St. Joseph and obtain any other required local, State, or Federal permits and
approvals.
4. Prior to commencing construction, the applic is shall submit to and have approved by the Planning and
Zoning Department a detailed erosion ands diment control plan consistent with the Land and Water
Conservation Department's Land and Wate Resource Management Plan and the Wisconsin
Construction Site Best Management Practi e Handbook. The plan shall include two rows of silt fence
as recommended by the Town of St. Joseph
5. The applicant must record the maintena ce plan against the deed for the property and provide
a recorded copy to the Planning and Zo ing Department. The intent is to make future owners
aware of the responsibilities incurred in maintaining it for stormwater management and
screening.
6. Prior to commencing construction, the pplicants must submit to the Planning and Zoning
Department a construction timeline and contact information for the contractor and/or
landscaper in charge of excavation on t e site.
7. Prior to beginning any work, the applic nts must schedule an on -site pre - construction meeting
that includes the landowner, contractor nd/or landscaper, and St. Croix County Planning and
Zoning and Land and Water Conservation Department staff members. Items to be discussed
include but are not limited to coordinating installation of BMPs, construction timelines, roles
and responsibilities of owner, engineer, architect, and contractor.
8. During construction, the smallest amo t of bare ground shall be exposed for as short a time
as possible. Temporary ground cover s ch as mulch shall be used and permanent cover such
as sod or a native seed mix shall be pl ted.
9. Within 30 days of completing construc ion, the applicants shall submit record drawings
prepared by the project engineer and p otographs of the property to the Planning and Zoning
Department.
10. Any minor change or addition to the pr ject, including but not limited to design of the project,
shall require review and approval by th Planning and Zoning 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 appro al process.
11. The applicant shall have one (1) year om the issuance of the special exception permit to
commence construction. Failure to do o 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 specia exception permit before starting or completing
construction on the project.
12. These conditions may be amended or addit onal conditions may be added if unanticipated conditions
arise that would affect the health and/or sa ety of citizens or degrade: the natural resources of St. Croix
County. Conditions will not be amended o added without notice to the applicant and an opportunity
for a hearing.
13. Accepting this decision means that the app icants have read, understand, and agree to all conditions of
this decision.
The following vote was taken to approve: Nel on, yes; Malick, yes; Luckey, yes; Jensen, yes;
Chairperson Speer, yes. Motion carried unanin ously.
David and Lynn Robson
After the Board returned from the site visits, E ibit #14, a letter from Micky Burke, an adjoining
property owner, was entered into the record.
Motion by Luckey, second by Nelson to appro e the variance request to the 40 -foot bluffline setback
requirement and the 25 -foot sideyard setback r quirements of the Lower St. Croix Riverway District
and for the special exception request for a pe it for filling and grading within the 40 -foot bluffline
setback of the Lower St. Croix Riverway District to construct a swimming pool. The approval also
included a variance approval to encroach withi� the 25 -foot sideyard setback requirement of the
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Lower St. Croix Riverway District for an additi� onto an existing garage on the property. The
approval is based on the following findings:
1. The applicants are David and Lynn Robson, property owners, 1274 Highway 35, Hudson, WI
54016.
2. The site is located in Part of Gov. Lot 1 all in Section 34, T30N, R20W, Town of St. Joseph,
St. Croix County, WI
3. Accessory structures are permitted uses in the Lower St. Croix Riverway District.
4. The Town of St. Joseph supports approval of these requests.
5. The Land & Water Conservation Department does not object to these requests.
6. There has been no public opposition to iliese requests. Concerns of an adjoining property
owner have been addressed.
7. There has been no opposition from the Department of Transportation to these requests.
8. In granting this variance, the spirit of the Ordinance shall be observed and substantial justice
done by allowing the applicants to have a permitted use on their property while maintaining
the scenic beauty of the Riverway.
9. These requests do not negatively impacl the public health, safety or general welfare of the
public, nor would it be substantially ad erse to property values in the neighborhood.
10. The proposed pool location is the most suitable because moving it to another area would
require the removal of trees and have a more negative impact to the scenic beauty of the St.
Croix River.
11. With the reestablishment of native vegetative cover upon completion of the project, the natural
characteristics of the site will be maintained.
Item #1 Variance fora garage to encroach vvithin the side and setback:
1. The applicants filed an application with the Board of Adjustment for a variance to encroach
upon the side yard setback of a neighbo 'ng property line in the St. Croix Riverway District to
construct a garage, pursuant to Section 17.36 G.5.c.3. of the St. Croix County Zoning
Ordinance.
2. The storage garage will meet all other dimensional standards in the Ordinance.
3. The encroachment of the proposed garage will not be contrary to the public interest. The
primary public purposes of the sideyard setback requirements in the Riverway are to preserve
the low- density development and prese a and maintain the exceptional scenic and natural
characteristics of the Lower St. Croix River Valley. Dense, mature vegetation will screen the
garage from the river.
4. Literal enforcement of the provisions o the Ordinance would create an unnecessary hardship
for the property owners due to unique c aracteristics of their site. These site limitations are
not self - created by any actions of the la idowner.
Item #2 Variance fora pool to encroach with the side and setback:
1. The applicants filed an application with the Board of Adjustment for a variance to encroach
upon the side yard setback of a neighboring property line in the St. Croix Riverway District to
construct a pool, pursuant to Section 17.36 G.5.c.3. of the St. Croix County Zoning Ordinance.
2. The encroachment of the proposed poo will not be contrary to the public interest. The primary
public purposes of the sideyard setback requirements in the Riverway are to preserve the low -
density development and preserve and aintain the exceptional scenic and natural
characteristics of the Lower St. Croix liver Valley.
3. The adjacent property is owned by the epartment of Transportation and the lot will remain
vacant.
4. Literal enforcement of the provisions o the Ordinance would create an unnecessary hardship
for the property owners due to unique characteristics of their site that result in their having no
compliant building location. These site limitations are not self- created by any actions of the
landowner.
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Item #3 Special Exception Permit for Ming and grading within 40 feet of a sloe preservation
zone:
1. The applicants filed an application with jthe Board of Adjustment for a special exception
permit for filling and grading within 40 Meet of a slope preservation zone in the Lower St.
Croix Riverway Distrcit pursuant to Section 17.36F.3.a.(5) of the St. Croix County Zoning
Ordinance. j
2. With the proper stormwater managerner t and erosion control, this request will not increase
water pollution, including storm water Ainoff and sedimentation.
With the following conditions:
1. These variances allow the applicants to onstruct a garage and pool within the sideyard
setbacks of the St. Croix Riverway District in accordance with the amended plans submitted
on September 7, 2005. Approval of these variances does not include any additional grading
and filling, structures, or impervious coverage not shown or indicated in those plans.
2. This special exception permit allows th applicants to fill and grade within 40 feet of a slope
preservation zone in the Lower St. Croix Riverway District for the construction of a pool
pursuant to Section 17.36F.3.a.(5) of the St. Croix County Zoning Ordinance. Approval for
this special exception permit does not include any additional grading and filling, structures, or
impervious coverage not shown or indi ated in the amended plans submitted September 7,
2005.
3. The proposed garage addition shall not ave any windows on the side facing the adjoining
property to the north.
4. The proposed garage addition shall not xceed the current height of the principal structure.
5. Prior to commencing construction of th garage and pool, the applicants shall secure a
building permit from the Town of St. J seph and obtain any other required local, State, or
Federal permits and approvals.
6. Prior to commencing construction of the garage and pool, the applicants shall submit to and
have approved by the Zoning Adminis ator a storm water management plan and erosion and
sediment control plan pursuant to Section 17.36 H.7. of the Ordinance. The plans shall be
designed to retain storm water and sedi ents on site, and shall include measures for protecting
the existing trees on the site during construction.
7. Any water draining from the pool area shall be directed away from the bluffline preferably
towards a flat area in the lawn that will allow for infiltration.
8. Prior to commencing construction of th storage garage, the applicants shall schedule an on-
site pre - construction meeting with the Zoning Administrator to:
a. provide a construction timeline and contact information for the contractors and/or
landscapers in charge of the site improvements;
b. to ensure that all pre - constructs n conditions have been met; and
C. to ensure that the property owners and any contractors involved are aware of their
roles and responsibilities.
9. Within 30 days of completing construc ion, the applicants shall submit to the Zoning
Administrator record drawings prepared by a registered surveyor and photographs of the
property as viewed from the St. Croix River.
10. Prior to commencing construction the applicants shall submit to and have approved by the
Zoning Administrator a vegetation plan to address screening to the St. Croix River. Rather
than requiring vegetative screening of ffie pool fence, the applicant shall replace trees that
have previously been removed with trees satisfactory with Steve Olson of the Land and Water
Conservation Department. The applica rit shall be responsible for maintaining and enhancing
the level of tree cover on the site to ens re long -term screening of the structure from the St.
Croix River and from adjacent properti s.
11. The applicant must record the vegetation maintenance plan against the deed for the property
and provide a recorded copy to the Platming and Zoning Department. The intent is to make
future owners aware of the responsibili r,ies incurred in maintaining it for stormwater
management and screening.
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12. Any minor change or addition to the project, including but not limited to design of the project,
shall require review and approval by tho 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 fr m the issuance of these variances and special
exception to commence construction. F ilure to do so shall result in expiration of these
permits. If the permits expire before co struction commences, the applicant will be required
to secure new permits before starting or completing the project.
14. These conditions may be amended or a ditional conditions may be added if unanticipated
conditions arise that would affect the h lth and/or safety of citizens or degrade the natural
resources of St. Croix County. Conditi ns will not be amended or added without notice to the
applicant and an opportunity for a heart ig.
15. Accepting this decision means that the pplicant has read, understand, and agree to all
conditions of this decision.
The following vote was taken to approve: Nels n, yes; Malick, yes; Luckey, yes; Jensen, yes;
Chairperson Speer, yes. Motion carried unanim usly.
_William P. Enright
Motion by Malick, second by Nelson to approv the special exception request for filling and grading
on slopes greater than 20 %,.and slopes 12 -20% in the Shoreland District of Squaw Lake, based on the
following findings:
1. The applicant is William Enright, prop rty owner, 946 Brave Drive, Somerset, WI 54025.
2. The site is Lot 1 of Wigwam Shores, S ction 17,T31N -R18W, Town of Star Prairie.
3. This request does not violate the spirit r general intent of the St. Croix County Zoning
Ordinance
4. This request does not negatively impac the public health, safety or general welfare of the
public, nor would it be substantially ad erse to property values in the neighborhood.
5. This request does not constitute a nuisa ce by reason of noise, dust, smoke, odor or other
similar factors.
6. With the proper erosion control, this re uest will not increase water pollution including
sedimentation, nor will it lead to increa ed erosion or drainage issues.
7. The Squaw Lake Association has revie ed the application and supports approval of the
restoration providing the property own r follows the recommendations of the Land and Water
Conservation Department.
8. The St. Croix County Land and Water onservation Department supports approval with
recommended conditions to address er sion control and revegetation.
9. The Wisconsin Department of Natural esources supports approval with recommended
conditions to address erosion control a d revegetation.
10. There has been no public opposition to the request.
11. The request is not contrary to the publi interest.
Item 41 Special Exception Permit for irdline and Lyradine on 20% slopes:
1. The applicant filed an application with the Board of Adjustment for an after - the -fact special
exception permit for grading and fillip on slopes greater than 20 percent in the Shoreland
District of Squaw Lake in order to rem ve the following:
a. three illegal retaining walls,
b. stairs,
c. sidewalk, and
d. hot tub pad.
All of which are located on the eastern portion of the property along the shoreline of Squaw
Lake.
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2. With the reestablishment of native vegetative cover upon completion of the project, the natural
characteristics of the site will be restored.
3. This request is being made to rectify thol property owner's self - created violation.
Item #2 Special Exception Permit for fillin nd 2rading on 12- 20°.'/o slopes:
1. The applicant filed an application with e Board of Adjustment for a special exception permit
to fill and grade in excess of 1000 squa feet on 12 — 20 percent slopes in the Shoreland
District to restore the area to its natural "haracter, pursuant to Section 17.29(2)(c)(2) of the St.
Croix County Zoning Ordinance.
2. With the reestablishment of native vege ative cover upon completion of the project, the natural
characteristics of the site will be restore 1.
3. This request is being made to rectify tht property owner's self - created violation.
With the following conditions:
1. The special exception permits allow the applicant to disturb 20 percent slopes in the shoreland
area to remove three illegal retaining w lls, sidewalk, stairs and hot tub pad and restore the
area to its natural character and disturb 2 — 20 percent slopes in the shoreland area to restore
the area on the northern portion of the property to its natural character. Approval for this
special exception permit does not include any additional grading and filling, structures, or
impervious coverage not shown or indicated in the plans submitted August 15, 2005.
2. Prior to constructing the walkway ands airs, the applicant must submit and have approved by
the Planning and Zoning Department, d tailed plans of the stairs and walkway. At a
minimum, the plan should include the building materials and size of the structures.
3. Prior to commencing construction, the applicants shall obtain any other required local, State,
or Federal permits and approvals.
4. Prior to commencing construction, the licants shall submit to and have approved by the
Planning and Zoning Department modifi d, detailed erosion and sediment control plan
consistent with the Land and Water Conservation Department's Land and Water Resource
Management Plan and the Wisconsin C nstruction Site Best Management Practice Handbook.
The plan shall include the following:
a. Double row of silt fence below excavation;
b. A short and long term maintenance plan for revegetation;
c. Erosion blanket or mulch to be placed on regraded slopes immediately after
excavation; and
d. A no mow buffer (minimum width of 35 -feet) to be established along the shoreline of
Squaw Lake.
5. Prior to commencing construction, the applicants must submit to the Planning and Zoning
Department a construction timeline and contact information for the contractor and/or
landscaper in charge of excavation on the site.
6. Prior to beginning any work, the applicants must schedule an on -site pre - construction meeting
that includes the landowner, contractor and/or landscaper, and St. Croix County Planning and
Zoning and Land and Water Conservat on Department staff members. Items to be discussed
include but are not limited to coordinating installation of BMPs, construction timelines, roles
and responsibilities of owner, engineer, architect, and contractor.
7. During construction, the smallest amount of bare ground shall be exposed for as short a time
as possible. Temporary ground cover uch as mulch shall be used and permanent cover such
as sod or a native seed mix shall be plaited.
8. The applicant must record the maintenance plan against the deed for the property and provide
a recorded copy to the Planning and Z ning Department. The intent is to make future owners
aware of the responsibilities incurred in maintaining it for stormwater management and
screening.
9. Any minor change or addition to the p oject, including but not limited to design of the project,
shall require review and approval by the Planning and Zoning Department prior to making the
12
change or addition. Any major change r addition to the originally approved plan will have to
go through the special exception ap It process.
10. The applicant shall have one (1) year from the issuance of the special exception permit to
commence construction. Failure to do so shall result in expiration of the special exception
permit. If the special exception permit Oxpires 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 a ditional conditions may be added if unanticipated
conditions arise that would affect the he 1th and/or safety of citizens or degrade the natural
resources of St. Croix County. Conditi ns will not be amended or added without notice to the
applicant and an opportunity for a heari g.
12. Accepting this decision means that the pplicants have read, understand, and agree to all
conditions of this decision.
The following vote was taken to approve: Nels n, yes; Malick, yes; Luckey, yes; Jensen, yes;
Chairperson Speer, yes. Motion carried unanim usly.
The meeting declared adjourned at 4:45 p.m.
Respectfully submitted:
Sue Nelson, Secretary Debra urphy, Recording Secretary
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