HomeMy WebLinkAboutBoard of Adjustment 12-16-04 PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday,
December 16, 2004 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson,
Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance.
The Board will view each site in question, after which the Board will deliberate and vote on
the appeals.
1. ARTICLE: Variance request for filling and grading on slopes greater
than 12% in the St. Croix Riverway District pursuant to Section
17.36(5)(1)(1) b, to allow the applicant to construct a home on the
property.
APPELLANT: Anne Rolland, owner/ Eric Rolland, agent
LOCATION: Government lot 2, Section 35, T30N -R20W, Town of St. Joseph
ADDRESS: Off of Highway 35, Hudson, WI 54016
2. ARTICLE: Variance request to the highway setback requirements of a Class C
Highway pursuant to Section 17.64(1)(c) and for a variance to
exceed the height requirements for an accessory structure pursuant
to Section 17.12(5). The request is to construct an accessory
structure on the property within the setback of a Class C Highway.
APPELLANT: Donald McVitty, owner
LOCATION: The SW 1 /4 of the SW 1 /4, Section 20, T3 IN-RI 8W, Town of Star
Prairie
ADDRESS: 200190" Street, Somerset, WI 54025
3. ARTICLE: Variance request to the highway setback requirements of a Class D
or E Highway pursuant to Section 17.64(1)(d) and (e). The
request is to allow an existing structure to remain in its current
location on the property.
APPELLANT: Michael Hilbelink, owner
LOCATION: The SE 1 /4 of the SW 1 /4, Section 33, T28N -R19W, Town of Troy
ADDRESS: Off of County Road M, River Falls, WI
4. ARTICLE: Item 1: After — the -fact variance for a detached deck located within
the OHWM setback of the St. Croix River and located on 12
percent slopes within the Riverway pursuant to Sections
17.36(5)(c)1 and 17.36(5)(d), respectively.
Item 2: Amendment to Condition #8 of the Special Exception
Permit issued to Mr. McCarthy on December 22, 1988 for the
existing house.
Item 3: After- the -fact variance for a patio addition located within the
OHWM setback and floodway of the St. Croix River pursuant to
Sections 17.36(5)(c)l and 17.43(3)(x)2, respectively.
Item 4: After- the -fact variance for retaining walls surrounding trees
located within the OHWM setback and floodway of the St. Croix
River pursuant to Sections 17.36(5)(c) I andl7.43(3)(a)2,respectively.
APPELLANT: Wally McCarthy, owner/ James Filkins, Ogden Engineering., agent
LOCATION: Government Lot 1, Section 24, T28N -R20W, Town of Troy
ADDRESS: Off of Cove Road, Town of Troy
5. ARTICLE: Special exception request for a permit to operate a sand and gravel
pit and limestone quarry in the Ag/Residential District pursuant to
Section 17.15(6)(g) and subject to the provisions in Chapter 14 of
the St. Croix County Nonmetallic Mining Ordinance.
APPELLANT: County Materials Corp.,owner/ Cedar Corp., agent
LOCATION: The West % of Section 22, T30N -R18W, Town of Richmond
ADDRESS: 1215 County Road G, New Richmond, WI
All interested persons are invited to attend said hearing and be heard. Additional
information may be obtained from the office of 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 ADJUSTMENTS MEETING AND HEARING MINUTES
December 16, 2004
(This hearing recorded by Northwestern Court Reporters)
The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was
made. Julie Speer, Art Jensen, Stan Krueger and Sue Nelson were present. Linda
Luckey was absent. Staff included: Pete Kling and Steve Olson, Land and Water
Conservation Dept., David Fodroczi, Planning and Zoning Director, Bob Bezek, Code
Administrator, Jenny Shillcox, Zoning Specialist and Deb Zimmermann, Paralegal /Office
Manager. Chairperson Speer believes this to be a properly noticed meeting.
Motion was made by Jensen, seconded by Krueger to adopt the agenda. Motion carried.
The next meetings for the Board will be January 25, 2005. 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 Nelson, seconded by Krueger and carried to adopt the November 18, 2004
minutes with one correction.
NEW BUSINESS
Chairperson Speer welcomed everyone in attendance and gave a brief overview of how
the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public
hearing notice was published correctly and was read into the record as follows:
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday,
December 16, 2004 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson,
Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance.
The Board will view each site in question, after which the Board will deliberate and vote on
the appeals.
1. ARTICLE: Variance request for filling and grading on slopes greater
than 12% in the St. Croix Riverway District pursuant to Section
17.36(5)(1)(1) b, to allow the applicant to construct a home on the
property.
APPELLANT: Anne Rolland, owner/ Eric Rolland, agent
LOCATION: Government lot 2, Section 35, T30N -R20W, Town of St. Joseph
ADDRESS: Off of Highway 35, Hudson, WI 54016
2. ARTICLE: Variance request to the highway setback requirements of a Class C
Highway pursuant to Section 17.64(1)(c) and for a variance to
exceed the height requirements for an accessory structure pursuant
to Section 17.12(5). The request is to construct an accessory
structure on the property within the setback of a Class C Highway.
APPELLANT: Donald McVitty, owner
LOCATION: The SW 1 /4 of the SW 1 /4, Section 20, T31N -R18W, Town of Star
Prairie
ADDRESS: 2001 90 Street, Somerset, WI 54025
3. ARTICLE: Variance request to the highway setback requirements of a Class D
or E Highway pursuant to Section 17.64(1)(d) and (e). The
request is to allow an existing structure to remain in its current
location on the property.
APPELLANT: Michael Hilbelink, owner
LOCATION: The SE t /4 of the SW 1 /4, Section 33, T28N -R19W, Town of Troy
ADDRESS: Off of County Road M, River Falls, WI
4. ARTICLE: Item 1: After— the -fact variance for a detached deck located within
the OHWM setback of the St. Croix River and located on 12
percent slopes within the Riverway pursuant to Sections
17.36(5)(c)1 and 17.36(5)(d), respectively.
Item 2: Amendment to Condition #8 of the Special Exception
Permit issued to Mr. McCarthy on December 22, 1988 for the
existing house.
Item 3: After -the -fact variance for a patio addition located within the
OHWM setback and floodway of the St. Croix River pursuant to
Sections 17.36(5)(c)l and 17.43(3)(a)2, respectively.
Item 4: After -the -fact variance for retaining walls surrounding trees
located within the OHWM setback and floodway of the St. Croix
River pursuant to Sections 17.36(5)(c)1 and 17.43(3)(a)2,respectively.
APPELLANT: Wally McCarthy, owner/ James Filkins, Ogden Engineering., agent
LOCATION: Government Lot 1, Section 24, T28N -R20W, Town of Troy
ADDRESS: Off of Cove Road, Town of Troy
5. ARTICLE: Special exception request for a permit to operate a sand and gravel
pit and limestone quarry in the Ag/Residential District pursuant to
Section 17.15(6)(g) and subject to the provisions in Chapter 14 of
the St. Croix County Nonmetallic Mining Ordinance.
APPELLANT: County Materials Corp.,owner/ Cedar Corp., agent
LOCATION: The West % of Section 22, T30N -R18W, Town of Richmond
ADDRESS: 1215 County Road G, New Richmond, WI
All interested persons are invited to attend said hearing and be heard. Additional
information may be obtained from the office of the St. Croix County Planning and
Zoning Department, Hudson, Wisconsin at (715) 386 -4680.
Julie Speer, Chairperson
St. Croix County Board of Adjustment
The hearing was opened at 8:30 a.m. and testimony taken and recorded by Northwestern
Court Reporters. The Board recessed from 12:20 p.m. to 3:55 p.m. to view the sites.
After hearing testimony on the above articles, reviewing the material in the record, and
conducting a site visit, the Board rendered the following decisions:
Old Business:
Michael O'Sullivan and Catherine O'Sullivan
Motion by Krueger seconded by Jensen to approve the request for a variance to encroach
within the road setback of 27 Street and to deviate from the approved building site for Lot
5 of the Birch Park Subdivision based on the following findings:
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1. The applicants are Michael and Katherine O'Sullivan, 649 Old Highway 8, NW
#101, New Brighton, MN 55112.
2. The site is located at Lot 5 of the Birch Park Subdivision and is located in the SW
' /4 of the SE '/4, Section 25, T30N -R20W, Town of St. Joseph, St. Croix County,
Wisconsin.
3. The applicants filed an application with the Planning and Zoning Department for
variance to construct a home within the road setback of 27 Street, a Class C
Highway.
4. The Board of Adjustment finds that the requirements have been met to grant a
variance for the variances pursuant to Sections 17.64(1)(c)2 and 17.70(5)(c)3 of
the St. Croix County Zoning Ordinance.
5. The applicants have worked with the Land and Water Conservation Department
and Planning and Zoning Department to address all of their concerns.
6. The Board finds that the strict application of the Ordinance would create an
unnecessary hardship due to a perched water table and stormwater drainage ways
across the approved building site, as well as steep topography elsewhere on the lot
that severely limits the buildable area.
7. The Town of St. Joseph has recommended approval of this request with conditions.
8. There was no public opposition to the request.
9. The Board finds that the request is not contrary to the public interest.
10. The Board finds that the spirit and intent of the ordinance would be met by granting
the request for the variances, and substantial justice would be done.
With the following conditions:
1. This variance allows the applicant to change the driveway access to 27 Street
and construct a home and attached garage that encroaches up to 36 feet within the
setback of 27 Street (or 97 feet from the centerline) as shown on revised
drawings submitted by the applicants on December 6, 2004. The variance does
not include any decks, patios, porches, or other structures or impervious coverage
not depicted in those drawings, which may require additional variances or special
exceptions. The home must meet all other provisions of the Ordinance.
2. The applicants must obtain a driveway access permit and a township building
permit before commencing home construction. As a part of this requirement, the
applicants shall remove the extra driveway and vacate the easement across Lot 4
in accordance with Section 17.64 (5)(c)2 of the Ordinance.
3. Best management practices shall be used to control erosion and sedimentation
during the construction of the home. Permanent groundcover shall be established
immediately upon completion of the construction.
4. The applicants must record the stormwater and erosion management plans for all
permanent stormwater and erosion control devices against the deed for the
property. The applicant is responsible to provide an as -built drawing showing all
permanent devices and drainage easements along with a recorded copy of the
deed to the Planning and Zoning Department within 60 days of completing
construction. The intent is to make the current and future owners aware of the
responsibilities associated with the plans as well as the limitations incurred from
the plans.
S. The applicants shall be responsible for following all erosion control, stormwater
management, and grading plans as approved by LWCD staff. If the applicants
disturb slopes 20 percent or greater, they must apply for and obtain a special
exception permit pursuant to Section 17.15(6)(t) of the Ordinance.
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6. Prior to construction of the home, the applicants shall submit to the Planning and
Zoning Department a more detailed landscaping plan showing the replacement of
all trees and shrubs to be removed as part of the construction. The plan should
include the species, size, and location of all impacted trees in and around the
building site. The applicants shall submit a photo of the completed home and
landscaping to be kept on file at the Planning and Zoning Department.
7. The applicants shall follow the conditions recommended by the Town of St.
Joseph in its decision letter dated December 7, 2004.
8. Any minor addition or change in to the plans presented for variance shall require
review and approval by the Zoning Department prior to making the addition or
change. Any major addition or change to the originally approved variance will
have to go through the variance process.
9. Accepting this decision means that the applicants have read, understand, and
agree to all conditions of this decision. By accepting this approval the owner(s)
are ultimately responsible for compliance with the conditions of this approval.
The following vote was taken to approve: Nelson, yes; Jensen, yes; Krueger, yes;
Chairperson Speer, yes. Motion carried unanimously.
New Business:
Anne Rolland
Motion by Krueger, seconded by Nelson to approve the variance requests to encroach
within the setback of Highway 35 and to install a septic system drainfield on slopes greater
than 12 percent in the St. Croix Riverway District based on the following findings:
1. The applicant is Anne Rolland, 1045 174 Street, Hammond, WI 54015, with Eric
Rolland and James Filkins acting as her agents.
2. The site is located off of Highway 35 at Government Lot 2, Section 35, T30N-
R20W, Town of St. Joseph, St. Croix County, Wisconsin.
3. The applicants filed an application with the Planning and Zoning Department for
variance to construct a home within the setback of Highway 35, a Class B
Highway, and an application for a variance to do grading and filling within slopes
greater than 12 percent in the St. Croix Riverway District in order to install a
septic system drainfield.
4. The Board of Adjustment finds that the requirements have been met to grant a
variance for the variances pursuant to Sections 17.64(1)(b)2, 17.36(5)(1)l.b and
17.70(5)(c)3 of the St. Croix County Zoning Ordinance.
5. The applicants have worked with the St. Croix County Land and Water
Conservation Department, Planning and Zoning Department, and Wisconsin
Department of Natural Resources to address their concerns and have agreed to
conditions suggested by these departments and agencies.
6. The Wisconsin Department of Transportation does not object to granting the
variance and has confirmed that the Rolland property will not be impacted by any
future improvements or realignments to Highway 35.
7. The applicants have submitted and agreed to abide by a geotechnical engineering
report with recommendations and construction considerations for the proposed
construction.
8. The Board finds that the strict application of the Ordinance would create an
unnecessary hardship due to the absence of any buildable area on the lot.
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9. The Town of St. Joseph has recommended approval of the highway setback
variance request. The Town of St. Joseph Planning Commission has
recommended approval of the variance for the drainfield to the Town Board,
which will meet in January 2005.
10. There was no public opposition to the requests.
11. The Board finds that, with conditions, the request is not contrary to the public
interest.
12. The Board finds that, with conditions, the spirit and intent of the ordinance would
be met by granting the request for the variances, and substantial justice would be
done.
With the following conditions:
1. The applicant must obtain a permit for the proposed sanitary system approved by
the State of Wisconsin and the St. Croix County Planning and Zoning
Department.
2. The variance for the drainfield is contingent upon receiving no objections from
the Town of St. Joseph at its Town Board meeting in January 2005.
3. These variances are for the home and drainfield as shown in the plans submitted
to the Planning and Zoning Department on December 2, 2004 and do not include
additional decks, patios, porches, walkways, or any other accessory structures or
impervious coverage not shown on the plans. The applicants shall be required to
apply for and obtain a variance prior to construction of any additional structures.
4. The applicant must secure a township building permit before commencing home
construction and a permit for driveway access off of State Highway 35 from the
proper agency.
5. The proposed home must be earth -tone in color to blend in with the vegetation
and geologic features present on the site.
6. Prior to commencing construction, the applicant must submit to the Planning and
Zoning Department the following information requested by the Land and Water
Conservation District in its e-mail dated December 9, 2004:
• Route of stormwater overflow (prove it will not flow over POWTS).
• Plan showing an additional row of silt fencing around all disturbed
areas.
7. Prior to commencing construction, the applicant shall submit and have approved
by the Planning and Zoning Department and Land and Water Conservation
Department a revised landscaping plan that includes a mix of native trees, shrubs,
and grasses endemic to the south- facing slopes in the area. Native trees should
include fast - growing poplar hybrids and slower growing red oaks. They must be
planted in a manner that fully screens the home as viewed from all directions
during summer leaf -on conditions, and to secure the slopes from erosion. Planting
must be done within 60 days of completing construction of the home and
drainfield.
8. The applicant must record the stormwater and erosion management plans against
the deed for the property. The applicant is responsible to provide an as -built
drawing showing all permanent structures and drainage easements along with a
recorded Copy of the deed to the Planning and ZQW116 Department within 60 days
of completing construction. The intent is to make the current and future owners
aware of the responsibilities associated with the plans as well as the limitations
incurred as a result of the plans.
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9. The applicant shall follow the - recommendations and construction considerations
in the geotechnical engineering report prepared by GME Consultants, Inc. and
submitted to the County on December 4, 2004. The applicant shall ensure that all
contractors working on this project have read the report and have signed a written
statement verifying this. Signed statements from all contractors must be submitted
to the Planning and Zoning Department prior to beginning construction. This is
intended to protect the applicant's house and drainfield from slope failure and
future erosion problems.
10. The applicant shall install a monitoring port to ensure that the drywell is
maintained and functioning properly.
11. The applicant shall submit to the Planning and Zoning Department photographs of
the home and landscaping as viewed from the river within 60 days upon
completion of the construction.
12. Any minor addition or change in to the plans presented for variance shall require
review and approval by the Planning and Zoning Department prior to making the
addition or change. Any major addition or change to the originally approved
variance will have to go through the variance process.
13. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision. By accepting this approval the owner(s) are
ultimately responsible for compliance with the conditions of this approval.
The following vote was taken to approve: Nelson, yes; Jensen, yes; Krueger, yes,
Chairperson Speer, yes. Motion carried unanimously.
The committee recessed at 4:30 p.m. and reconvened at 8:30 a.m. on Friday, December
17 th
Donald McVitty
Motion by Nelson, seconded by Jensen to approve the variance requests to encroach
within the highway setback of 90"' Street and to exceed the height limit for an accessory
structure based on the following findings:
1. The applicant is Donald McVitty, 2001 90 Street, Somerset, WI 54025.
2. The site is located on 90 Street in the SW '/a of the SW ' / a, Section 20, T31N-
R18W, Town of Star Prairie, St. Croix County, Wisconsin.
3. The applicant filed an application with the Planning and Zoning Department for a
variance to construct a pole barn within the highway setback of 90 Street, a
Class C Highway, and to exceed the 15' height limit on accessory structures by
2'4 ".
4. The Board finds that the requirements have been met to grant the variances
pursuant to Sections 17.64(1)(c)2, 17.12(5), and 17.70(5)(c)3 of the St. Croix
County Zoning Ordinance.
5. The Board finds that a literal enforcement of the Ordinance is not reasonable
regarding the height requirements for the pole barn.
6. The Board finds that the strict application of the Ordinance would create an
unnecessary hardship due to steep slopes and the presence of a power pole and
existing structures on the property that limit where the pole barn can be placed.
7. The Board finds that granting the variance will improve the appearance of the site
by reducing the items stored outside on the property and by eliminating a structure
that currently encroaches further within the highway setback.
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8. The Town of Star Prairie has recommended approval of this request.
9. There was no public opposition to the request.
10. The Board finds that the request is not contrary to the public interest.
11. The Board finds that the spirit and intent of the ordinance would be met by granting
the request for the variances, and substantial justice would be done.
With the following conditions:
1. The applicant must obtain a township building permit before commencing
construction.
2. The applicant shall remove two existing sheds as indicated in his application
prior to commencing construction.
3. Any minor addition or change in to the plans presented for variance shall require
review and approval by the Zoning prior to making the addition or change. Any
major addition or change to the originally approved variance will have to go
through the variance process.
4. Accepting this decision means that the applicant has read, understands, and
agrees to all conditions of this decision. By accepting this approval the owner(s)
are ultimately responsible for compliance with the conditions of this approval.
The following vote was taken to approve: Nelson, yes; Jensen, yes; Krueger, yes;
Chairperson Speer, yes. Motion carried unanimously.
Michael Hilbelink
Motion by Krueger, seconded by Nelson to approve the variance request to encroach within
the highway setback of the proposed road based on the following findings:
1. The applicant is Michael Hilbelink, property owner, who resides at 200190" Street,
Somerset, WI 54025. S & N Land Surveying is acting as the agent.
2. The site is located in the Hilltop Mobile Home Park in the SE 1 /4 of the SW 1 /4,
Section 33, T28N -R19W, Town of Troy, St. Croix County, Wisconsin.
3. The applicant filed an application with the Planning and Zoning Department for a
variance for an existing structure that will encroach within the setback of a
proposed Class E or D road.
4. The Board finds that the requirements have been met to grant the variances
pursuant to Sections 17.64(1)(d) and (e)2, and 17.70(5)(c)3 of the St. Croix
County Zoning Ordinance.
5. The Board finds that the proposed road was constructed as approved by both the
Town Board and by the County Board of Adjustment in a public hearing on
March 25, 2004, and that the encroachment was not identified as an issue at that
time.
6. The Board finds that the strict application of the Ordinance would create an
unnecessary hardship due to the need to keep the road where it is currently located
in order to conserve the property across the road as a permanent conservation area
for the mobile home park's septic system and for managing stormwater runoff
from the road and the proposed subdivision.
7. The Board finds that granting the variance will result in less environmental damage
than relocating the road.
8. The Board finds that granting the variance will not negatively impact Matt and
Helen Joseph, who currently own the mobile home addition that encroaches within
the highway right -of -way, but do not own the land on which it sits. The Josephs
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would be required to work with Mr. Hilbelink, the property owner, to obtain a
variance for any future additions to their mobile home since it is already a legal,
non - conforming structure pursuant to Section 17.35(3)(0 of the Ordinance.
9. The Town Board Chairman for the Town of Troy has recommended approval of
this request with conditions.
10. The Board finds that the request is not contrary to the public interest.
11. The Board finds that the spirit and intent of the ordinance would be met by granting
the request for the variances, and substantial justice would be done.
With the following conditions:
1. The variance is contingent upon receiving no objections from the Town of Troy at
its Town Board meeting in January 2005.
2. Approval of this variance is contingent upon the classification of the existing
access to a Class E or Class D road. This variance is for the existing addition on
the mobile home to encroach within the designated road setback as shown on the
site plan and shall not apply to any future additions or structures constructed
within the setback.
3. Within six months of approval, S & N Land Surveying shall plant eight large
evergreen trees to screen the mobile home from the road as indicated in the
application and site plan. Upon completion of the tree installation, the applicants
shall submit to the Planning and Zoning Department a notification letter and
photo of the trees to be kept on file.
4. These conditions may be amended or additional conditions may be added by the
County 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 notice to the applicant and an
opportunity for a hearing.
5. 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: Nelson, yes; Jensen, yes; Krueger, yes;
Chairperson Speer, yes. Motion carried unanimously.
Wally McCarthy
Having heard all the testimony, considered the entire record herein, and reviewed the site the
Board finds the following facts:
1. The applicant is Wally McCarthy, 2325 Prior Avenue N, Roseville, MN 55113,
with James Filkins of Ogden Engineering acting as his agent.
2. The site is located off of Cove Road, Section 24, T28N -R20W, Town of Troy, St.
Croix County, Wisconsin.
3. The applicant filed an application with the Planning and Zoning Department for
the following items:
Item 1: After— the -fact variance for a detached deck located within the
OHWM setback of the St. Croix River and located on 12 percent slopes
within the Riverway pursuant to Sections 17.36(5)(c)1 and 17.36(5)(d),
respectively.
Item 2: Amendment to Condition #8 of the Special Exception Permit
issued to Mr. McCarthy on December 22, 1988 for the existing house.
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Item 3: After - the -fact variance for a patio addition located within the
OHWM setback and floodway of the St. Croix River pursuant to Sections
17.36(5)(c)1 and 17.43(3)(a)2, respectively.
Item 4: After - the -fact variance for retaining walls surrounding trees located
within the OHWM setback and floodway of the St. Croix River pursuant to
Sections 17.36(5)(c)l and 17.43(3)(a)2, respectively.
4. The St. Croix County Planning and Zoning Department has not received
complaints from the public on any of these items.
Findings on Item 1: Motion by Speer, seconded by Jensen to deny Item #1 based on
the following findingl :
1. The Board finds that the requirements have not been met to grant a variance for
the deck pursuant to Section 17.70(5)(c)3 of the Ordinance, as the Board cannot
identify an unnecessary hardship or circumstances unique to the property that
would justify deviating from Sections 17.36(5)(c)l and 17.36(5)(d) of the
Ordinance.
The following vote was taken to deny: Nelson, yes; Krueger, yes; Jensen, yes;
Chairperson Speer, yes. Motion carried.
Findings on Item 2: Motion by Nelson, seconded by Speer to approve Item #2 based on
the following findings:
1. The Board finds that the patio structure is a legal nonconforming structure as
approved through a Special Exception Permit on December 22, 1988, but that the
surface of the patio is in violation of Condition 8 of that permit, which required a
grass instead of concrete surface.
2. The Board finds that the intent and purpose of Condition 8 of the Special
Exception Permit, as well as the spirit and intent of the Lower St. Croix Riverway
Ordinance, can be met with conditions for a professional stormwater management
plan for the property and a professional landscaping plan that provides more
screening of the patio and structures on the patio as viewed from the river.
3. The Board finds that, with conditions for stormwater management and screening,
the amendment request is not contrary to the public interest and will improve the
existing situation.
The following vote was taken to approve: Krueger, yes; Jensen, yes; Nelson, yes;
Chairperson Speer, yes. Motion carried.
Findings on Item 3: Motion by Jensen, seconded by Krueger to deny Item #3 based on
the following findings:
1. The Board finds that the requirements have not been met to grant a variance for
the patio addition pursuant to Section 17.70(5)(c)3 of the Ordinance, as the Board
cannot identify an unnecessary hardship or circumstances unique to the property
that would justify deviating from Sections 17.31(2), 17.36(5)(c)l, and
17.43(3)(a)2 of the Ordinance.
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2. The Board finds that the variance request does not meet the spirit and intent of
the Floodplain Ordinance and is contrary to the public interest. The intent of the
Floodplain Ordinance is to minimize flood damages, and the Board finds that
further encroachment into the floodway would not correct any problems to the
existing patio, but could in fact lead to greater future flood damages by altering
flood flows and increasing flooding on others.
3. The Board finds that the variance request does not meet the spirit and intent of the
Shoreland Ordinance or the Lower St. Croix Riverway Ordinance and is contrary
to the public interest since the patio addition encroaches further into the OHWM
setback of the St. Croix River and increases its dimensional nonconformity.
The following vote was taken to deny: Nelson, yes; Krueger, yes; Jensen, yes;
Chairperson Speer, yes. Motion carried.
Findings on Item 4: Motion by Krueger, second by Nelson to approve Item #4 based on
the following findings:
1. The Board finds that the requirements have been met to grant a variance for the
retaining walls pursuant to Section 17.70(5)(c)3 of the Ordinance due to
circumstances unique to the property — including northwesterly winds, wave action
against the trees, sandy soils and shallow root systems of the trees, and problems
with mature trees falling over elsewhere in the Town of Troy along the St. Croix
River - that would justify deviating from Sections 17.31(2), 17.36(5)(c) 1, and
17.43(3)(a)2 of the Ordinance.
2. The Board finds that, with conditions for screening the walls, the spirit and intent of
the Lower St. Croix Riverway Ordinance would be met by granting the variance
request, and substantial justice would be done by protecting the minimal amount of
tree screening that currently exists.
3. The Board finds that the variance request is not contrary to the public interest.
The following vote was taken to approve: Jensen, yes; Nelson, yes; Krueger, yes;
Chairperson Speer, no. Motion carried on a 3 -1 vote.
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein,
the Board denied the applicant's request for an after- the -fact variance for a detached deck
(Item 1) and an after - the -fact variance for the 2002 patio addition (Item 3), and approved
the applicant's requests for an amendment to Condition 8 of the Special Exception
granted on December 22, 1988 (Item 2) and for an after - the -fact variance for retaining
wall planters (Item 4), with the following conditions:
1. Upon removal of the patio addition (Item 3), the applicant shall reinforce the base
of the pre- existing patio (Item 2) to prevent future erosion and ice damage. Any
reinforcement measure shall be designed and certified by a professional engineer
and copies of the plans shall be submitted to the Planning and Zoning Department
to be kept on file.
2. Within six months of approval, the applicant shall install and implement a
stormwater management plan approved by the St. Croix County Land and Water
Conservation Department and Planning and Zoning Department showing drainage
ways and retention devices to divert runoff from all impervious coverage on the
site away from the river, steep slopes, and adjacent properties. As part of the plan,
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the applicant may replace the concrete surface of the existing patio with a pervious
surface, capture and infiltrate the runoff by reestablishing the planter surrounding
the concrete, or use other County and DNR approved stormwater management
practices including but not limited to rain gardens, infiltration trenches, berms,
native vegetation buffers, and/or containment cells. All stormwater management
practices shall be designed and certified by a professional engineer to hold the
incremental difference between the pre and post - construction stormwater runoff
volume of the property based on a 2 year, 24 hour Type 11 storm event.
3. Within 60 days of completing the installation of the stormwater management
measures, the applicants shall submit to the Planning and Zoning Department a
maintenance and monitoring agreement with permanent easements for all drainage
ways and retention devices. The applicants must record the stormwater
management plan, drainage easements, and maintenance agreement against the
deed for the property and provide a recorded copy to the Planning and Zoning
Department. The intent is to make future owners aware of the responsibilities
associated with the plans as well as the limitations incurred as a result of the
plans.
4. Within six months of approval, the applicant shall submit to and have approved by
the St. Croix County Land and Water Conservation Department a professional
landscaping plan that includes trees, shrubs, vines, or perennial groundcover to be
planted so as to fully screen the retaining walls, patio, and all structures on or
accessory to the patio as viewed from the river during summer, leaf -on conditions.
The plan shall show the species, size, and location of all proposed vegetation, as well
as a schedule for planting and installation. Upon completion of the planting, the
applicant shall submit to the Planning and Zoning Department photos of the home
and shore as viewed from the river during summer, leaf -on conditions.
5. These conditions may be amended or additional conditions may be added by the
County 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.
6. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
Chairperson Speer was excused at this time.
Thomas Leverty/ County Materials
Motion by Jensen, seconded by Krueger to table the request for the following reasons:
The Board requests additional information on the following items:
1. Describe in detail the road improvements you are planning to do along 120' Street,
the Highway G /120 Street intersection, and all entrances to mining areas. Please
provide information on your timeline for construction and estimated construction
costs.
2. Provide more information on the post - reclamation land use and your proposed
agreement with the Western Wisconsin Land Trust. How much of the land will be
designated for conservation? Will the land transaction involve
sale /easement/donation ? When would the transaction occur and what assurance can
you provide that this transaction will take place? Will this impact reclamation plans?
3. Provide hydrologic and biological information on the Lundy Pond Waterfowl
Production Area to establish baselines for the long -term monitoring of surface water
level, chemistry, and clarity; as well as aquatic vegetation, aquatic invertebrates,
amphibians, reptiles, small mammals, and birds.
The following vote was taken to table: Nelson, yes; Krueger, yes; Jensen, yes. Motion
carried.
Meeting was declared adjourned at 12:35 p.m.
Respectfully submitted:
t.
Sue Nelson, Secr tary Debra Zimme , Recording Secretary
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