HomeMy WebLinkAbout040-1171-50-000 (2)ST. CROW.00UNTY CONDITIONAL USE File
-. CUPUse y 23-007
OffRECEIVED APPLICATION Revised212021
04/03/2023 APPLICANT INFORMATION
Property Owner: David Lockwood Contractor/Agent. Richard Volgt, P.E.
Mailing Address: 3759 Linden Lane
Eagan, MN 55123
Mailing Address: 817 19th Avenue N.
South Saint Paul, MN 55075
Daytime Phone: 6( 51 �492-1733 Daytime Phone: 9( 52)292-8486
Cell: ( )same as above Cell: ( )same as above
E-mail: djlOckwOOd@cOnlcast.net E-mail:rickvoigt@voigtconsultants.com
SITE INFORMATION
Site Address: 215 N. Ilwaco Road River Falls, WI 54022
Property Location: 1/4, 1/4, Sec. 36 T. 28 N., R. 20 W., Town of Troy
Parcel #: 040 1171 50 000 Alt. Parcel #: 36 28 20 650
LAND USE INFORMATION
Zoning District (Check one): 0 AG-1 0 AG-2 0 R-1 0 R-2 0 R-3 O C-1 O C-2 O C-3 0 1-1 O 1-2
Overlay District (Check all that apply): 0 SHORELAND ■ RIVERWAY 0 FLOODPLAIN 13 ADULT ENTERTAINMENT
State the nature of your request: Conditional Use Permit for site to build detached garage within 40 feet
of a Slope Perservation Zone.
17.36.F.3.a.5
Zoning Ordinance Reference:
❑ More than one request with this application? (See supplemental fee amount below and attach appropriate
addendums)
FEES (Please reference current fee schedule)
Application Fee: 1 $1110.00
Supplemental Fees: x (# of additional requests) $
Total Fees: $1110.00
l attest that the informati c to in th' p cation tr a and correct to the best of my knowledge. /
Property Owner Signature: Date 03 l31 (ZGZ3
Contractor/Agent Signature: L "2 U41 Date G UJI;?Cz3
715-386-4680 St. Croix County Government Center 715-245-4250 Fax
cdd@sccwi.gov 1101 Carmichael Road, Hudson, WI 54016 www.sccwi.gov
OFFICE USE ONLY
Pre -application Meeting: __/_1 With:
Complete Application Accepted: _/_/_
Fee Received: _/_J_ $
By:
Receipt #: Scheduled Hearing Date:
CONDITIONAL USE CRITERIA
Pursuant to the St. Croix County Zoning Ordinance § 15.550, please answer the following questions to justify
the approval of your request (attach additional paper if necessary):
1) Describe the details of your request.
See attached Document
2) Describe the impact of your request on the enjoyment and value of surrounding properties. If there is
no impact, explain why.
See attached Document
3) Describe the compatibility of your request with the uses and character of the surrounding area.
See attached Document
Page 2 of 5
4) Describe how your request is consistent with the spirit and intent of the zoning district in which your
property is located. (Please refer to the purpose statement for your zoning district in the St. Croix County
Zoning Ordinance.)
See attached Document
5) Describe how your request will impact public health, safety, and general welfare. What measures will
you take to minimize any negative impacts?
See attached Document
6) How will you ensure that your request will not constitute a nuisance by reason of dust, smoke, odor, or
other similar factor? What measures will you take to prevent a nuisance?
See attached Document
7) Additional comments:
See attached Document
Page 3 of 5
THE FOLLOWING USES REQUIRE A SUPPLEMENTAL INFORMATION SHEET:
❑ Major Home Occupation ❑ Contractor Storage Yard ❑ Airstrip
❑> 1 Animal Unit/Acre ❑ Filling & Grading ❑ Wireless Communication Tower
❑ Nonmetallic Mining ❑ Adult Entertainment ❑ Commercial/Industrial District Use
0 Lower St. Croix Riverway ❑ Shoreland ❑ Floodplain
❑ Junk/Salvage Yard, Kennel, Slaughterhouse, or Limited Commercial Recreational Use
GENERAL CONDITIONAL USE APPLICATION PROCEDURE
APPLICATION:
The deadline for application submittals is the 1st Monday of the month before the regularly scheduled St.
Croix County Board of Adjustment meeting. The Board of Adjustment generally meets on the 4' Thursday of
the month.
Applications will not be accepted until the applicant has:
• Met with the Zoning Administrator to review the application;
• Originalplus 5 copies submitted of the entire packet including all supporting information, maps &
diagrams;
• Resolved any land use violations and paid any outstanding fees owed to the Community Development
Department;
• Signed the application form (the signatures of the property owners and agents acting on their behalf are
required), and
• Submitted the appropriate application fee (nonrefundable) payable to St. Croix County.
REVIEW:
The Zoning Administrator will review the application for completeness and assign a file number to the
application. The Zoning Administrator may require additional information and will notify the applicant of this
within 10 days. Upon receiving a complete application and supporting documents, the Zoning Administrator
will:
• Schedule a public hearing with the St. Croix County Board of Adjustment and notify the applicant by
mail of the date and time of the public hearing;
• Notify adjoining property owners of the applicant's request;
• Publish a public hearing notice in the local paper;
• Send copies of the applications to the appropriate town and reviewing agencies for comment.
Applicants are encouraged to contact their town and attend their town meeting to discuss their
application;
• Schedule a site visit to the applicant's property, at which time the applicant shall flag all applicable
property/project corners and label the flags accordingly, and
• Prepare a staff report on the application. The staff report will be mailed to the applicant and will be
available for public review during the week prior to the public hearing.
ACTION:
Conditional Use permits are granted at the discretion of the St. Croix County Board of Adjustment. They are
made available to validate uses that, while not approved within the zoning district in question, are deemed to
be compatible with approved uses and/or not found to be hazardous, harmful, offensive or otherwise adverse
to other uses. Conditional Uses are subject to conditions, compatibility with surrounding land uses, and
compliance with the St. Croix County Zoning Ordinance.
Page 4 of 5
At the public hearing, the applicant may appear in person or through an agent or an attorney of his/her choice.
The applicant/agent/attorney may present testimony, evidence and arguments in support of his/her
application. The fact that an application for a permit has been filed does not automatically mean that a permit
is granted.
Upon the Board making a decision on the application, the Zoning Administrator shall notify the applicant of the
decision in writing. All site plans, pictures, etc. become the property of the Community Development
Department and will remain in the file.
CHECKLIST FOR COMPLETE APPLICATION
W Completed and signed application form with fee.
Original plus S copies needed of the entire packet including all supporting information, maps & diagrams;
electronic copy is highly encouraged in .PDF format.
❑ Addendum for additional requests and/or supplemental information sheet (if required).
0 1 - Recorded Warranty Deed (may be obtained at the Register of Deed's office).
0 List of all adjoining land -owner names and mailing addresses (includes properties across roadways).
IN A complete site plan prepared by a registered surveyor showing:
• project location in the town;
• lot/parcel dimensions with property lines and all applicable setbacks;
• minimum of 10-foot contours as determined appropriate by the Zoning Administrator;
• location of all existing and proposed structures and their square footage and distance from setbacks,
• location of existing and proposed POWTS, wells, driveways, parking areas, access, signs, and other
features; and
• location of navigable waterways with accurate OHWM, delineated wetlands, floodplains, bluff lines,
slopes in excess of 12%, wooded areas, and any other unique limiting conditions of the property.
❑ Other information:
NOTE: All maps, plans, and engineering data shall be no larger than 11x17. No covers, binders, or
envelopes. Paperclip your application in the upper left-hand corner.
Page S of S
ST. C I�R ; I-,X
CRY Y
l�C'lZr'15�1?r
Community Development
Government Center
1101 Carmichael Road Hudson WI 54016
Telephone: 715-386-4680 Fax: 715-386-4686
www.sccwi.gov
July 5, 2023 File Reference: CUP-2023-007
David Lockwood
3759 Linden Lane
Eagan, MN 55123
RE: Conditional Use Permit Decision
Property located at 215 N. Ilwaco Road, Part of Sec. 36 T28N, R20, Town of Troy
Dear Mr. Lockwood;
The St. Croix County Board of Adjustment reviewed your request for the following item:
1. A Conditional Use for filling and grading within 40 feet of the slope preservation
zone pursuant to Section 17.36.F.3.a.5., of the St. Croix County Lower St. Croix
Riverway Overlay District Ordinance.
After the hearing on May 25, 2023, the Board of Adjustment denied your request.
Attached with this letter is a copy of the Decision Document for your records. Please
feel free to contact me with any questions or concerns.
Sincerely,
Mike Wozniak, AICP
Land Use Administrator
Enclosure: Formal Decision dated 5/25/2023
EC: Town of Troy, Clerk; towntroy@baldwin-telecom.net
Richard Voigt, P.E.; rickvoigt@voigtconsultants.com
CC: File
Mike Wozniak, AICP
Mike.wozniak@sccwi.gov
File Number:
Applicant:
Agent:
Complete Application Received:
Hearing Notice Publication:
Hearing Date:
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
CUP-2023-007
David J. Lockwood
Richard Voigt, P.E.
April 3, 2023
May 11, 2023, and May 18, 2023
May 25, 2023
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. The applicant is property owner David J. Lockwood.
2. The site is located at 215 North Ilwaco Road, River Falls, W154022; Government Lot 3, Section 22, Section 36,
T28N R20W, Town of Troy.
3. The subject property is 38.85 acres in size and is located within the Lower St. Croix Riverway Overlay District.
4. The applicant filed an application with the St. Croix County Board of Adjustment for a Conditional Use Permit for
filling and grading within 40 feet of the slope preservation zone per Section 17.36 F.3.a.5. of the Lower St. Croix
Riverway Overlay District Ordinance on April 3, 2023.
5. The existing septic system was inspected on September 20, 2022, and is meeting performance standards.
6. The project is subject to the filling and grading standards listed in Section 17.36 H.5. and Stormwater and Erosion
Control Standards in Section 17.36.H.7.
7. Section 17.36 H.5. Filling and Grading is allowed by a conditional use permit if all of the following standards are met:
5. Filling and Grading
a. Filling and grading outside of a slope preservation zone as described in § 17.36 F2.a.2) are allowed with a
land use permit if all of the following standards are met.-
1. No filling, grading, or draining of wetlands is allowed.
2. No filling and grading activities within 40 feet of a slope preservation zone is allowed.
3. Any vegetation that is removed is replaced with native vegetation.
4. Filling and grading activities are designed and implemented in a manner to minimize erosion,
sedimentation, tree damage, and impairment offish and wildlife habitat.
5. WDNR Storm water Construction Technical Standards are implemented.
b. Filling and grading in the areas described in § 17.36 F3.a.4)-6 are allowed by conditional use permit if the
following standards are met:
1. All standards under a. above are met.
2. The property owner shall submit a storm water management and erosion and sediment control plan
per § 17.36 H. 7.
8. Section 17.36.H.7. Storm Water Management and Erosion and Sediment Control Plan is required by 17.36.H.5.b.2. as
part of this conditional use permit and all of the following standards shall be met:
7. Storm Water Management and Erosion and Sediment Control Plans
a. Storm water management and erosion and sediment control plans shall be required to reduce runoff and
sedimentation onto adjacent properties, down steep slopes, and into the river or other drainage ways for all of
the following:
1. Construction or modification of principal structures.
2. Accessory structures greater than 100 square feet.
3. Filling or grading allowed by conditional use permit.
b. Plans must be prepared by a registered landscape architect, professional soil scientist, professional engineer,
engineer in training, Certified Professional in Erosion and Sediment Control (CPESC), Certified Professional
in Storm Water Quality (CPSWQ), Certified Soil Tester, or other licensedprofessional acceptable to the County.
Page 1 of 4 CUP-2023-007
c. All Best Management Practices (BMPs) shall meet or exceed the applicable WDNR Technical Standards for
Storm Water Management or Erosion and Sediment Control.
d. Storm water management plans must meet all of the following standards:
1. Infiltrate 100% of the proposed impervious development storm water volume for the site for a 1. 5-
inch rainfall event.
2. A model that calculates runoff volume and estimates infiltration such as RECARGA, SLAMM, P8 or
equivalent may be used.
3. Include measures to minimize and mitigate construction -related soil compaction.
4. Include a maintenance schedule to ensure the long-term function of the storm water management
measures.
5. Infiltration requirements will be applied to the maximum extent practicable in areas limited by the
following factors:
a.. Soils with an infiltration rate less than 0.6 inches/hour measured at the bottom of the
infiltration system.
b. Less than five feet of separation from the bottom of the infiltration system to the elevation
of seasonal high groundwater or the top of bedrock.
e. Erosion and sediment control plans shall include all of the following items:
1. Description of construction sequencing including a timeline.
2. Contact information for property owner, engineer, surveyor, grading contractor, and erosion control
subcontractor as applicable.
3. Site map showing all of the following:
a. Property boundaries.
b. Existing and proposed buildings.
c. Pre and post construction 2- oot contours.
d. Soil types.
e. Grading limits.
f. Pre and post construction drainage patterns.
g. The locations, quantities, and standard drawings of all BMPs.
h. The location of buildings on adjoining properties.
i. Water bodies with OHWMand OHWMsetback.
j. Wetlands.
k. Existing and proposed wells and POWTS.
4. Vegetation management plan showing existing and proposed vegetation per § 17.36 H.B. The plan
shall indicate permanent and temporary stabilization methods for all disturbed areas including the
rate, species, planting dates for all seed mixes; fertilizer rates; and mulching rates.
5. Description of the winter suspension plan.
9. The Board of Adjustment shall only grant a conditional use subject to the provisions in Section 17.70.G.1., which is
stated as follows:
• No grant of a conditional use shall violate the spirit or general intent of this chapter.
Filling and grading is allowed by Conditional Use Permit approval in the slope preservation area, and therefore
does not violate the spirit and intent of the Ordinance. The intent is to construct a detached garage, which is
allowed by a Land Use Permit.
• No conditional use shall be allowed which would be contrary to the public health, safety, or general welfare or
which would be substantially adverse to property values in the neighborhood affected.
The permit approval would not be contrary to public health or safety so long as the proposed Stormwater and
Erosion Control measures and standards are followed.
• No use shall be permitted by conditional use that would constitute a nuisance by reason of noise, dust, smoke,
odor, or other similar factors.
Page 2 of 4 CUP-2023-007
The results of the proposed project, the construction of a detached, would not constitute a nuisance.
• The Board shall also apply standards set forth in other sections of the Ordinance, which apply to particular classes
of conditional use.
All standards in the Riverway and Shoreland Overlay districts shall he met.
DECISION
Based on the Findings of Fact and Conclusions of Law, Staff recommend approval of the Conditional Use Permit to allow
for filling and grading within 40 feet of the slope preservation zone in the Town of Troy with the following conditions:
1. The filling and grading is conducted in the areas as described in the submitted site plan and as identified by staff in this
report.
2. The stormwater and erosion control plan is enacted per the standards listed in Section 17.36.H.7.
3. The location of the foundation of the garage shall be shifted 5 feet riverward as to avoid disturbance of the slope
preservation zone on the landward side of the construction site.
4. The foundation of the proposed detached structure shall not exceed 28 feet by 54 feet.
5. The roof overhang of the structure shall not exceed 2 feet from the wall of said structure.
6. The overall height of the structure shall not exceed 19.7 feet and shall not be visible from the 250-foot riverward setback
from the ordinary high-water mark.
7. A land Use Permit application shall be submitted to the Department and the supporting application material shall include
the final building elevations with full dimensions, the color of all exterior finishes, interior layout and improvements,
updated site plan showing the new location of the structure, an updated stormwater management plan with all corrections
included, a revegetation plan and any other documentation staff may need to make a determination as to whether the
project meets all requirements in Chapter 17.
8. The toe of slope (824 feet in elevation) and top of bluff (816 feet in elevation) shall be identified and physically marked
within the construction area prior to the initial preconstruction inspection and shall remain until final inspection is
completed.
9. There shall not be plumbing of any kind, internally or externally, as part of this project or added to the building until an
evaluation of the private on -site wastewater treatment system is completed by an individual licensed by the State of
Wisconsin and submitted to the County for review and a permit to modify the system or connect to the system is issued.
10. The applicant shall have one (1) year from the date of approval of this conditional use permit to begin construction and
two (2) years to complete the project and complete the final inspection with the department. As determined by the Land
Use Administrator, a six-month extension may be granted so long as construction in association with this permit has
commenced and a reasonable, good-faithed effort has been made to complete the project within this timeline. Failure to
complete the final inspection within this timeline shall result in the revocation of this permit.
11. A building permit shall be obtained from the Town of Troy along with all required inspections associated with the
permit be complete. All other applicable local, county, state, and federal permits shall be obtained prior to construction.
12. Should the work associated with the town building permit not be completed and inspected prior to the building permit
expiring, then it shall result in the revocation of this permit.
13. These conditions may be amended, or additional conditions may be added if unanticipated circumstances arise that
would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions shall
not be amended or added without notice to the applicant and an opportunity for a public hearing.
14. All present and future owners of the property must adhere to the standards and conditions of the approved Conditional
Use Permit. Any change or addition in use of the property, buildings; or modification of or addition to the property or
buildings shall require review by the Zoning Administrator to determine if the use may be allowed. The decision applies
to the property rather than the individual, is valid for only the specified property, and is not transferrable to other
properties.
Page 3 of 4 CUP-2023-007
15. No use is hereby authorized unless the use is conducted in a lawful, orderly, and peaceful manner. Nothing herein shall
be deemed to authorize any public or private nuisance or to constitute a waiver, exemption, or exception to any law,
ordinance, order or rule by the Town, St. Croix County, State of Wisconsin, United States or other duly constituted
authority, except only to the extent that it authorizes the use of the Subject Property in any specific respects described
herein.
16. Should any paragraphs or phase of herein be determined by a court of competent jurisdiction to be unlawful, illegal, or
unconstitutional, said determination as to the particular phrase or paragraph shall not void the remainder of this
conditional use and the remainder shall continue in full force and effect.
The Board of-4djustments moved to approve this conditional use permit request, motion passes unanimously.
APPEAL RIGHTS
Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within 30 days after the filing
date shown below, pursuant to Sec. 59.694(10), Wisconsin Statutes. St. Croix County assumes no responsibility for action
taken in reliance on this decision prior to the expiration of the appeal period. St. Croix County does not certify that the
identity of all persons legally entitled to notice of the Board of Adjustment proceedings, which resulted in this decision, was
provided to the County.
If an appeal is taken of this decision, it is the responsibility of the appellant to submit at his/her expense a transcript of the
Board of Adjustment proceedings to the circuit court. The Community Development Department can be contacted for
information on how to obtain a transcript. It is the responsibility of the Board of Adjustment to submit its record (file) of
this matter to the circuit court.
ZONING BOARD OF ADJUSTMENT
Electronically signed by C. W. Malick
Chairman
Date Filed: May 10, 2023
Page 4 of 4 CUP-2023-007
St. Croix County
Board of Adjustment
Conditional Use Permit Staff Report
CUP-2023-007
Hearing Date: May 25, 2023
ST. SRO NTY
w
Site Information
Applicant: David Lockwood, 3759 Linden Lane, Eagan, MN 55123
Agent: Richard Voigt, P.E., 817 19t" Avenue North, South St. Paul, MN 55075
Site Address: 215 North Ilwaco Road, River Falls, WI 54022
Parcel/Alt I D#: 040-1171-50-000 / 36.28.20.650
Site Location: Government Lot 3, Section 24, T28N R20W, Town of Troy
Zoning District: Lower St. Croix Riverway Overlay
Request: Conditional Use Permit for filling and grading within 40 feet of a slope preservation
zone and toe of slope, pursuant to Section 17.36.F.3.a.5 of the Lower St. Croix
Riverway for the purpose of constructing a detached accessory garage.
Exhibits: 1) Staff Report
2) Conditional Use Application
3) Site Plan and Application Materials
4) Comment Letter from WI DNR (not yet submitted)
Exhibit 1
ST CRD LINTY
V
Location Map
■ Parcel is 38.85 acres in size.
■ A significant portion of the
site has very steep slopes
over 25% grade, as
indicated in purple.
■ The Project Area is in the
northwest corner of the
property.
■ The Project Area is located
between upper and lower
bluffs, therefore there are
two slope preservation
zones that must be
protected with setbacks
from both the top of the
bluff line and the toe of the
slope.
215 North 11waco Road, Town of Troy
,., :l: I -1 Y, .:. Cr -
1
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0 0.02 0.04 0.09 mi
Public ROW Unit Limited Common Element 0 SubdlvisionICSM boundaries
Lot and Units Park General Common Element Flood Hazard Areas 0 0.04 0.07 0.15 km
OutlDt Lot 0 Tax Parcels
0 ZONE A SCC GDD, rrMA, SCD coo
WO App64ilAerfw �ir{131$
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Community Development Department Applicant: Lockwood CUP-2023-007
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Community Development Department Applicant: Lockwood CUP-2023-007
Proposed Improve
■ Construct a 28' x 54'
detached garage with
up to a 2-foot roof
overhang. Size
corrected to:
■ 32' x 58' = 11856 ft2
■ Corrected setbacks are
shown in BLUE.
■ Garage to be placed
over a portion of the
existing driveway.
■ rain garden, with a
capacity of 225 ft3
proposed for
stormwater runoff,
near the garage.
t
a
ments
y/
X//
R ive rwa rd
.Ras
;. Residence'*
. � � r r � `•, ..I1s
.�A
Bluff Line (10P)
ms ruL coNsrRI1I:TIDN
ENTRAWE AT DRIUEITAY EXIT
{EEE DETAIL PfC9ADI
IMLEF PROTECTION -
YAR-D N INSERT
NEE DETAIL 45900
YD D1
RE: 621.00
IE a19.5P
WE DETAAL 11C001
PLACE PERIETER(QL NTRC
AROUKO.FILiRRTION BMP
UNTIL CORRIBUDNG DRAINAGE
-BEEN BTABLIZED
Rain Garden
OAT1 EROSION GONTRQL BLANKET
-ERING.OTT011 OF SHIP
(SEE DETAl MIDI
EMILTRATION MAIN
1.5 DEEP
2 CF CAPACf
JEE DETAII*m'
0.1-Foot Setback
T
Toe of Slope
NGRAPHIC SCALE
Q T��
M FEET I
LEGEND PROPOSED EXISTING
PROPERTY LINE — — — —
LIMITS OF CONSTRUCTION
BUILDING
TOPOGRAPHIC INDCXCDNTOUR
TOPOGRAPHIC CONTOUR
CURB & GUTTER
STORMSEWER
ORAINTILE
SWALE
WETLAND
SOIL BDPJNGS +
FLARED END SECTION INLET
FLARED END SECTION OUTLET
RIPRAP
DONS I Fttf (. I IGN FN I FLAN[E
EMASK)N CONTHOL BLANKET
INLET PROTEDTIDN-''
`r
GUTTER OUT WHO �
ELT FENCE —$F�
DIRECTION OF OVERLAND FLOW
BIO-ROLL - Z_
NOTES
1. CONTRACTDR SHALL REFER TO
CONSTRUCTION NOTES ON C900 PRIOR
TO TH E START OF CONSTRUCTION.
IIIIIIII EROSION CONTROL MATERIALS QUANTITIES
ITEM
I UNIT
JOVANTIR
ROCKCONSTRUCTICINIXI7
EA
11
$II I FENQ-
IF
jpQ
EROSION CONTROL BLANKET
SF
112
INLET PROTECTION
EA
1
ST. SRO NTY
m
Stormwater Improvements B,u„line 00
■ The proposed rain garden
is under -sized due to roof
overhang, 232 ft3 is
required.
■ The daylighting of the rain
garden outlet requires
_.a�.
1ownspouts or swaiPc. are
not shown as part of the
building on the proposed
plan but will need to be
provided.
ailt fencing needs to
encompass the extent of
the grading.
■ 70% vegetative cover
needs to be reestablished
in any disturbed areas.
f SILT FENCE Silt Fence
' [ DFL 1M900 }
own DAYLIGHT 6" OU f*_
MITER TI a0.00 ♦Rip -rap Needed .
` %ft 00 T5 LF OF S,. NDPE 2 a i
g4 c r
ilt Fence Added
WELL
19
4
82
.
=-
g , 41
rs q• ._
Spouts or S as,Need
d�
821 24
rt
821-10
821.38
sk-
i 822.75
I
INLET PROTECTION -
r YARD DRAIN INSERT
(SEE DETAIL 41C900)
YD 01
RE: $21,00
I E: 819.50
SEE DETAIL 11C901
PLACE PERIMETER CONTROL
AROUND INFILTRATION BMP
UNTIL CONTRIBUTING DRAINAGE
AREA HAS BEEN STABILIZED
Garden Undersized
FOUNDATION WALL
GRADED INTO SLOPE
823.29
4
roe of Slope
CAT 1 EROSION CONTROL BLANKET
COVERING BOTTOM OF BMP
(SEE DETAIL 31C900)
INFILTRATION BASIN
1.S' DEEP
225 CF CAPACITY
SEE DETAIL 2JC901
ST. R0 LINTY
�f
M
Building Height Limitation
:
• Line of Site survey data is used to ; •
:
calculate Maximum Structure Height to
meet the Visually Inconspicuous -�-
Standard
f�
--
REQUIRED SITE
41NE ELEV=690.00—\ � ..
�/fir ♦.
ST. GRDK RIVER
NWL=sea.00 A
WATERS EDGE
4 ,gyp 80
�i I��i I�� i•-au
1A
Building Height Calculation:
Wall: 838.12' — 821.5' = 16.62 Feet
Over : 841.27' — 821.5' = 19.77 Feet
Maximum wall
height: 16.62'
MA% $IUILDING
HEIGHT= n8.12
MAX BUILDING
HEIGHT = 641.27
MAX euIL61NG �
HEIGWT = 8".0
A REAR 6UILEING WALL
ROPOSED FIFE -821.50
FRONT BUILDING WALL
MAX aVILDING
HE 1(,HT = $$6.12
BUILDING
HT = 941.87
MAX IRAL ANG
F{EIGHT = & W.43
-- 'Overall building
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ST. CRO NTY
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Other Agency Review
■ Town of Troy — No comments at this time.
■ Wisconsin Department of Natural Resources:
■ The department recommends ensuring all required standards of s. 17.36. H.5 of the County's
Code of Ordinances, Lower St Croix Riverway Overlay District, as well as any pertinent
standards of s. 17.36. H.8 associated with the request, are followed and met, and
■ The department generally supports the county staff report's recommendations as they relate
to Lower St Croix National Scenic Riverway regulations.
ST. CRD LINTY
�f
Board of Adjustment Action
The Board of Adjustment shall only grant a conditional use subject to the provisions in Section 17.70
(A)(7), which is stated as follows:
1. No grant of a conditional use shall violate the spirit or general intent of this chapter.
2. No conditional use shall
be
allowed which would be contrary to the
public health, safety, or general
welfare or which would
be
substantially averse to property values in
the neighborhood affected.
3. No use shall be permitted by conditional use that would constitute a nuisance by reason of noise, dust,
smoke, odor, or other similar factors.
4. The Board shall also apply standards set forth in other sections of the Ordinance, which apply to
particular classes of conditional use.
■ The Board of Adjustment after contemplating all relevant information may do one of the following:
o Recommend approval of the requests.
o Recommend denial of the requests.
o Recommend approval or denial of any combination of the requests.
o Table/postpone the decision to process the information gathered or request additional information.
■ The Board of Adjustment must stipulate findings to support their decision (for approval or denial).
5-1: C 12 O I U,NTY
Finding of Fact & Conclusion of Law
1. The applicant is property owner David J. Lockwood.
2. The site is located at 215 North Ilwaco Road, River Falls, WI 54022; Government Lot 3, Section
22, Section 36, T28N R20W, Town of Troy.
3. The subject property is 38.85 acres in size and is located within the Lower St. Croix Riverway
Overlay District.
4. The applicant filed an application with the St. Croix County Board of Adjustment for a
Conditional Use Permit for filling and grading within 40 feet of the slope preservation zone per
Section 17.36 F.3.a.5. of the Lower St. Croix Riverway Overlay District Ordinance on April 3,
2023.
5. The existing septic system was inspected on September 20, 2022, and is meeting performance
standards.
6. The project is subject to the filling and grading standards listed in Section 17.36 H.S. and
Stormwater and Erosion Control Standards in Section 17.36.H.7.
S-1: C>dOIX U,NTY
Iir
Finding of Fact & Conclusion of Law...
7. Section 17.36 H.5. Filling and Grading is allowed by a conditional use permit if all of the
following standards are met:
a. Filling and grading outside of a slope preservation zone as described in § 17.36 F.2. a.2)
are allowed with a land use permit if all of the following standards are met:
1. No filling, grading, or draining of wetlands is allowed.
2. No filling and grading activities within 40 feet of a slope preservation zone is allowed.
3. Any vegetation that is removed is replaced with native vegetation.
4. Filling and grading activities are designed and implemented in a manner to minimize erosion,
sedimentation, tree damage, and impairment offish and wildlife habitat.
5. WDNR Storm water Construction Technical Standards are implemented.
b. Filling and grading in the areas described in § 17.36 F.3. a.4)-6 are allowed by conditional
use permit if the following standards are met:
1. All standards under a. above are met.
2. The property owner shall submit a storm water management and erosion and sediment control
plan per § 17.36 H.7.
5'1: C12�Gt�UNTY,
Finding of Fact & Conclusion of Law...
8. Section 17.36.H.7. Storm Water Management and Erosion and Sediment Control Plan is required by
17.36.H.5.b.2. as part of this conditional use permit and all of the following standards shall be met:
a. Storm water management and erosion and sediment control plans shall be required to reduce
runoff and sedimentation onto adjacent properties, down steep slopes, and into the river or other
drainage ways for all of the following:
1. Construction or modification of principal structures.
2. Accessory structures greater than 100 square feet.
3. Filling or grading allowed by conditional use permit.
b. Plans must be prepared by a registered landscape architect, professional soil scientist, professional
engineer, engineer in training, Certified Professional in Erosion and Sediment Control (CPESC),
Certified Professional in Storm Water Quality (CPSWQ), Certified Soil Tester, or other licensed
professional acceptable to the County.
c. All Best Management Practices (BMPs) shall meet or exceed the applicable WDNR Technical
Standards for Storm Water Management or Erosion and Sediment Control.
ST. CRC7€ WUNTY,
Finding of Fact & Conclusion of Law...
8. Section 17.36.H.7. Storm Water Management and Erosion and Sediment Control Plan is required by
17.36.H.5.b.2. as part of this conditional use permit and all of the following standards shall be met:
d. Storm water management plans must meet all of the following standards:
1. Infiltrate 100°0 of the proposed impervious development storm water volume for the site for a
1.5-inch rainfall event.
2. A model that calculates runoff volume and estimates infiltration such as RECARGA, SLAMM,
P8 or equivalent may be used.
3. Include measures to minimize and mitigate construction -related soil compaction.
4. Include a maintenance schedule to ensure the long-term function of the storm water
management measures.
5. Infiltration requirements will be applied to the maximum extent practicable in areas limited by
the following factors:
a. Soils with an infiltration rate less than 0.6 inches/hour measured at the bottom of the
infiltration system.
b. Less than five feet of separation from the bottom of the infiltration system to the
elevation of seasonal high groundwater or the top of bedrock.
5'1: C12�Gt�UNTY,
Finding of Fact & Conclusion of Law...
8. Section 17.36.H.7. Continued:
e. Erosion and sediment control plans shall include all of the following items:
1. Description of construction sequencing including a timeline.
2. Contact information for property owner, engineer, surveyor, grading contractor, and erosion
control subcontractor as applicable.
3. Site map showing all of the following:
a. Property boundaries.
b. Existing and proposed buildings.
c. Pre and post construction 2- oot contours.
d. Soil types.
e. Grading limits.
f. Pre and post construction drainage patterns.
g. The locations, quantities, and standard drawings of all BMPs.
h. The location of buildings on adjoining properties.
i. Water bodies with OHWM and OHWM setback.
j. Wetlands.
k. Existing and proposed wells and POWTS.
ST. CRD LINTY
Finding of Fact & Conclusion of Law...
8. Section 17.36.H.7. Continued:
4. Vegetation management plan showing existing and proposed vegetation per § 17.36 H.B. The
plan shall indicate permanent and temporary stabilization methods for all disturbed areas
including the rate, species, planting dates for all seed mixes, fertilizer rates, and mulching
rates.
5. Description of the winter suspension plan.
f. Construction may not proceed until the Zoning Administrator has approved the plans.
g. The property owner shall execute and record an affidavit describing the approved storm water
management, erosion and sediment control, and vegetative management plans and maintenance
requirements for each with the County Register of Deeds within 30 days after construction is
completed.
1. The affidavit shall alert subsequent purchasers of the land of the maintenance requirements of
the plans.
2. The property owner shall submit a copy of the affidavit along with an as -built drawing and
photos of the storm water retention/detention devices, drainage ways, and erosion and
sediment control measures to the Zoning Administrator.
5'1: C12�Gt�UNTY,
Finding of Fact & Conclusion of Law...
9. The Board of Adjustment shall only grant a conditional use subject to the provisions in Section
17.70.G.1., which is stated as follows:
■ No grant of a conditional use shall violate the spirit or general intent of this chapter.
Filling and grading is allowed by Conditional Use Permit approval in the slope preservation area, and
therefore does not violate the spirit and intent of the Ordinance. The intent is to construct a detached
garage, which is allowed by a Land Use Permit.
■ No conditional use shall be allowed which would be contrary to the public health, safety, or general
welfare or which would be substantially adverse to property values in the neighborhood affected.
The permit approval would not be contrary to public health or safety so long as the proposed
Stormwater and Erosion Control measures and standards are followed.
■ No use shall be permitted by conditional use that would constitute a nuisance by reason of noise,
dust, smoke, odor, or other similar factors.
The results of the proposed project, the construction of a detached garage, would not constitute a
nuisance.
■ The Board shall also apply standards set forth in other sections of the Ordinance, which apply to
particular classes of conditional use.
All standards in the Riverway and Shoreland Overlay districts shall be met.
S-1: C>dOIX U,NTY
Staff Recommendations
Based on the Findings of Fact and Conclusions of Law, Staff recommend approval of the Conditional
Use Permit to allow for filling and grading within 40 feet of the slope preservation zone in the Town
of Troy with the following conditions:
1. The filling and grading is conducted in the areas as described in the submitted site plan and as
identified by staff in this report.
2. The stormwater and erosion control plan is enacted per the standards listed in Section
17.36. H. 7.
3.
The
location of the
foundation of the garage shall be shifted 5 feet riverward as to avoid
disturbance of the
slope preservation zone on the landward side of the construction site.
4.
The
foundation of the proposed detached structure shall not exceed 28 feet by 54 feet.
5.
The
roof overhang
of the structure shall not exceed 2 feet from the wall of said structure.
6.
The
overall height of the structure shall not exceed 19.7 feet and shall not be visible from the
250-foot
riverward
setback
from the
ordinary
high-water
mark.
5-1: C 12 O I U,NTY
Staff Recommendations...
7. A land Use Permit shall be submitted to the Department and the supporting application
material shall include the final building elevations with full dimensions, the color of all exterior
finishes, interior layout and improvements, updated site plan showing the new location of the
structure, an updated stormwater management plan with all corrections included, a
revegetation plan and any other documentation staff may need to make a determination as to
whether the project meets all requirements in Chapter 17.
8. The toe of slope (824 feet in elevation) and top of bluff (816 feet in elevation) shall be
identified and physically marked within the construction area prior to the initial
preconstruction inspection and shall remain until final inspection is completed.
9. There shall not be plumbing of any kind, internally or externally, as part of this project or added
to the building until an evaluation of the private on -site wastewater treatment system is
completed by an individual licensed by the State of Wisconsin and submitted to the County for
review and a permit to modify the system or connect to the system is issued.
10. The applicant shall have one (1) year from the date of approval of this conditional use permit to
begin construction and two (2) years to complete the project and complete the final inspection
with the department.
5-1: C 12 O I U,NTY
Staff Recommendations...
11. A building permit shall be obtained from the Town of Troy along with all required inspections
associated with the permit be complete. All other applicable local, county, state, and federal
permits shall be obtained prior to construction.
12. Should the work associated with the building permit not be completed and inspected prior to
the permit expiring, then this approval may be revoked.
13. These conditions may be amended, or additional conditions may be added if unanticipated
circumstances arise that would affect the health and/or safety of citizens or degrade the
natural resources of St. Croix County. Conditions shall not be amended or added without
notice to the applicant and an opportunity for a public hearing.
14. All present and future owners of the property must adhere to the standards and conditions of
the approved Conditional Use Permit. Any change or addition in use of the property, buildings;
or modification of or addition to the property or buildings shall require review by the Zoning
Administrator to determine if the use may be allowed. The decision applies to the property
rather than the individual, is valid for only the specified property, and is not transferrable to
other properties.
5-1: C 12 O I U,NTY
Staff Recommendations...
15. No use is hereby authorized unless the use is conducted in a lawful, orderly, and peaceful
manner. Nothing herein shall be deemed to authorize any public or private nuisance or to
constitute a waiver, exemption, or exception to any law, ordinance, order or rule by the Town,
St. Croix County, State of Wisconsin, United States or other duly constituted authority, except
only to the extent that it authorizes the use of the Subject Property in any specific respects
described herein.
16. Should any paragraphs or phase of herein be determined by a court of competent jurisdiction
to be unlawful, illegal, or unconstitutional, said determination as to the particular phrase or
paragraph shall not void the remainder of this conditional use and the remainder shall continue
in full force and effect.
ST. CRD LINTY