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HomeMy WebLinkAbout030-2066-40-000 (2)APR '0 3 2023 ST CR°U" y CONDITIONAL USE velopme APPLICATION APPLICANT INFORMATION Property Owner: Kevin Adkins & Sara Sommerfeld Mailing Address: 161 Riverview Acres Rd. Hudson, WI 54016 Daytime Phone: L_) Contractor/Agent: Joseph Granberg Mailing Address: 1428 134th Ave. File k CUP-2023-00� Office Use Only Revised 212021 New Richmond, WI 54017 '�► �\ Daime Phone: (715 246-7529 L L 7G yt Cell: 6( 12 ) 719-4637 Cell: 7( 15 ) 410-"03 E-mail: kevinadkins@edinarealty.com E-mail: Joe@gslandsolutions.com SITE INFORMATION Site Address: 161 Riverview Acres Rd. Government Lot 3 Property Location: 1/4, 1/4, Sec. 35 T. 30 N., R. 20 W., Town of St. Joseph Parcel #: 030 _ 2066 _ 40 _ 000 Alt. Parcel #: 35 . 30 _ 20 _ 606E Town of St. Joseph Zoning - Preservation Residential LAND USE INFORMATION Zoning District (Check one): ❑ AG-1 ❑ AG-2 ❑ R-1 ❑ R-2 ❑ R-3 ❑ C-1 ❑ C-2 ❑ C-3 ❑ 1-1 ❑ 1-2 Overlay District (Check all that apply): ❑ SHORELAND ■ RIVERWAY ❑ FLOODPLAIN ❑ ADULT ENTERTAINMENT State the nature of your request: Construct a lift/tram for access to the St. Croix River 17.36H.13 Zoning Ordinance Reference: ❑ More than one request with this application? (See supplemental fee amount below and attach appropriate oddendums) FEES (Please reference current fee schedule) Application Fee: $1,110 Supplemental Fees: x (# of additional requests) $ Total Fees: $1,110 l attest that the information contained in this application is true and correct to the best of my knowledge. Property Owner Signature: Date 3.3/•x41 Contractor/Agent Signature: Date 3 — 3/ — lC) 715-386-4680 St. Croix County Government Center 715-245-4250 Fax cdd@sccwi.gov 1101 Carmichael Road, Hudson, WI 54016 www.sccwi.gov Pre -application Meeting: Complete Application Accepted: __J_/. Fee Received: lilill $ I q`O."o OFFICE USE ONLY With: By: Receipt #: LL 7c 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. Construction of a Lift - this property is on a bluff and a lift is necessary for safe access to the river and to minimize disturbance when accessing the river. 2) Describe the impact of your request on the enjoyment and value of surrounding properties. If there is no impact, explain why. Creating reliable and safe access to the St. Croix River will significantly increase the value of this property. In turn, this increased value might have a positive impact on the surrounding properties. 3) Describe the compatibility of your request with the uses and character of the surrounding area. The proposed lift will provide additional enjoyment of this residential property and the existing river frontage. The surrounding area is predominantly residential. Lifts and stairways are fairly common for residential properties along the St. Croix River to enjoy the recreational opportunities of waterfront property. 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.) 1) Reducing the adverse effects of overcrowding - the proposed lift will reduce the number of vehicle trips taken to enjoy water and shoreline recreation. 2) Preventing soil erosion and pollution and contamination of surface water and groundwater. - The proposed lift will not create soil erosion that would otherwise be created when attempting to access the river via foot traffic. 3) Providing sufficient space on lots for sanitary facilities. - The proposed lift has no impact on sanitary facilities. 4) Minimizing flood damage. - The proposed lift/tram will terminate above the regional flood elevation. 5) Maintaining property values. - Addressed above 6) Preserving and maintaining the exceptional scenic, cultural, and natural characteristics of the water and related land of the Lower St. Croix Riverway. -The proposed lift will be constructed to avoid any significant tree or vegetation removal. The earth tone color will insure that it is visually inconspicuous. 5) Describe how your request will impact public health, safety, and general welfare. What measures will you take to minimize any negative impacts? The proposed lift will provide safer access to the river and a means to provide quick assistance to anyone in need of help along shoreline. Construction methods will involve essentially no soil disturbance and existing vegetation will be preserved. The efforts to limit physical disturbance along with earth tone colors will insure there is no significant visual impact. 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? The necessary construction does not include any methods that would result in a nuisance with the possible exception of minimal noise for those in close proximity. The construction will be completed during normal business hours and likely have less audible impact than normal maintenance tasks for residential properties. 7) Additional comments: The proposed lift is consistent with the St. Croix County ordinance as follows: 1. The existing slope is too steep and unstable for pedestrian access. 2. The lift is not designed to transport a boat or machinery up or down the slope. 3. The *car will not exceed 4' x 6' and will not have a canopy. 4. The proposed lift location was chosen to avoid the removal of trees to the maximum extent practicable. 5. The lift will be powder -coated in earth -tone, non -reflective colors in order to be visually inconspicuous. 6. Native vegetation plantings shall be used were needed to provide visual screening (likely accomplished by the existing vegetation that will remain). 7. The proposed location will allow for existing vegetation to provide immediate screening. 8. Tree removal will only occur within 1' of the proposed lift location. 9. This is the only lift that will exist on the property. 10. Pipe anchors will be driven into the ground to avoid soil disturbance and future erosion. *A landing (<40 sgft) at the top and bottom will be constructed to access the car. Page 3 of 5 THE FOLLOWING USES REQUIRE A SUPPLEMENTAL INFORMATION SHEET: ❑ Major Home Occupation ❑ Contractor Storage Yard ❑ Airstrip 0>1 Animal Unit/Acre ❑ Filling & Grading ❑ Wireless Communication Tower ❑ Nonmetallic Mining ❑ Adult Entertainment ❑ Commercial/Industrial District Use ❑ 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 4th Thursday of the month. Applications will not be accepted until the applicant has: • Met with the Zoning Administrator to review the application; • Original plus 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 0 Completed and signed application form with fee. N Original plus 5 copies needed of the entire packet including all supporting information, maps & diagrams; electronic copy is highly encouraged in .PDF format. W 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). N List of all adjoining land -owner names and mailing addresses (includes properties across roadways). 0 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. N Other information: Documentation from construction contractor NOTE: All maps, plans, and engineering data shall be no larger than 11 x17. No covers, binders, or envelopes. Paperclip your application in the upper left-hand corner. Page 5 of 5 April 3, 2023 St. Croix County Community Development 1101 Carmichael Rd. Hudson, WI 54016 RE: Adkins Conditional Use Permit Application To whom it may concern: 51SLAND SOLUTIONS i 1428 134th Avenue New Richmond, WI 54017 www.gslandsolutions.com Email: ioe@gslandsolutions.com Cell: 715-410-4403 Office 715-246-7529 Please find attached a Conditional Use Permit request packet for the installation of a lift in the St. Croix Riverway District This packet (original + 5 copies) includes: Conditional Use Permit: Application Form & Fee Recorded Warranty Deed List of Adjoining Landowners & Map Certified Survey Map Lift/Tram Details Plan Set 11x17 includes the following: Title Page/Location Map Existing Conditions Property X-section Please review and contact me if you have any questions or if there is a need for additional information. Sin;ey, Jos/ran be r OF ON fib. with inmrkxi DETAIL A DETAIL C 3X2X11 GA RECTANGLE TUBING X 1-1/2" GRADE B HEX BOLT —1/2" USOLT FABRICATED FROM 1541 CRS AND ZINC PLATED POST CAN BE LOCATED ON EITHER SIDE OF CROSSMEMBER DETAIL C SCALE 0.090 SEE POST PLAN VAA b7 odes. htlrt AND fir�On di�WdMm1•atlwRdW kdtlli odthSeMo�ein6M5mN�inu w�iN t« BE HOT DIPPED GALVANIZED Wesx; Hdewy"nw7parNon. IvdY�wKbundIndb I�awrucm;b6-bwW ama nb ERCOATED A17.t.x01s ..a1.r;.3A. S.I. , rd SAI ZINC PLATING NW. 3;%,k by.d— ..r b.mrrol.rd PdW.: rdMna ry Ywk�odtn Y,13.73 5Q. FEET draw NM r.;k bf dr. b dar M.r. fM a,e WMI bllLl by �A�Mry Sww ow�IbtM"t wvoM1l....d wMv;l.",=b"I�db w Wwo t.h.d"—I.gaUa;. ;, 5/16• GACMWW RATING) )LLEY WEIGHT - SOD# _3ar WEIGHT Of to sErnoN of TRACX 1300 IF 6" MAFM FACTOR OF 14.4) CAR AND TROLLEY WEIGHT SOM 6 70 FPM CAPACITY WEIGHT 8600 fYTF-16002, TYTF-16M TOTAL WEIGHT 14900 -0903.1 MAX LOAD PER POST 7450 1-1/2' POWER UNIT WEIGHT 7SM SHEAVE PITCH 59.813" CARRIAGE 6 CAPACITY FORCE O W 68M L FILE NO. E473065 TOTAL LOAD ON SUPPORT POST 14300 X PANEL REQUIREMENT - 23OV, 50 AMP SERVICE LOAD ON EACH POWERUNIT POST 7150 EMCO WEDGE DETAIL D SCALE 0.188 ttu .mro�r mru.. nma,;w ona raorntw w.or ue n. nVIG nonmv.w....a .�cns.oa.en.wr "m. NWII.I.CIMMb RI� wnnoau.orn BY DETAIL D r—SEE DETAIL B 161 Rheml w Ants Rd Hudson, WI 54016 ThYdmvb{YProPMY of AWbe bnwtlbrr krc finest be and v dupkamd WIIII. I SHP M Gearbo ,1 — 2" Type E bearing (4 Ductile iron d sheaves (2X) 2" Shah ( onlrol panel in vaciniry Blade disconnect in vaciniry \—set OVERNORTENSION SPRINGS to 117-195# (3/4"-1-1/4" compression) SCALE 0.100 — \ Overtravel slopIN �— I � c 30.0° I I I I L 1-1/2" BUFFER STROKE 48 I I \ TERMINAL STOPPING SWITCH — 1-7 HONEYWELL LSAIA WITH ACTUATOR LSZ52A FINAL STOPPING SWITCH DETAIL 8 3-1/2" SQ X 3/16" THICK—' HONEYWELL LSA1A WITH SCALE 0.063 GALVANIZED TUBE ACTUATOR LSZ52A 012-18" CONCRETE COLLAR *jrgFr a mo.w ~161 DETAIL A CUSTOMER LOCATION RKwvMw Acres Rd SCALE 0.042 Kevin Adkins Hudson, M 54016 POWER UNR WEIGHT 75011 CARRIAGE a uvncm FORG< O �° 68M DATE SHEET SIZE LENGTH This d.M kPcpety 3/08/23 C 172 d Msdn. Innowwris Inc TAL LOA ON wPPORr Posy 1430f IDAD ON H POWERUNfi POST 715/ n'"qi N lOpNnq1°O«<" ns o""O"�'oaw�"Irr^"'r rlm"e C—not b. uwd « N WN'lF C.IN I^R tFpArAI®011[iU0®O.4RDR]l ,.,on B� N BY d ^' w1 4 GE �6�a a N ^ � 2 of o.008� EMERGENCY STOP BUTTONS - 51-5/8 (RED IN COLOR) 45-5/8 - KEYED UP/DOWN SWITCH 41-5/8 A._A 42 A-�--- —A SECTION A -A SCALE 0.050 CARRIAGE DETAIL 11 LANDING GA r I i I 1 —+j f"- SCALE 0.050 CARRIAGE/LANDING GATE DETAIL ff 5932 --- BOOR OPENING SWITCH F7:141119 C.b1 lam-- 40 (ALLOW 40.1/2" ROUGH OPT/1" 20 1 42 SCALE 0.050 rERLOCK INSIDE DOOR (4 X 5116 STAGGER ERfORATED CONSTANT PRESSURE KEY SWITCH MERGENCY STOP BUTTON RED IN COLOR) Attached to landing via'I 3/8" bolt, lag screw, or anchor bolt, 10X I Landing floor--' Landing edge -- LANDING GATE DETAIL 41-W rL —1-1/2 X 1-1/2 X 3/16 ANGLE IRON (ASTM-A36) V8'10 HEXBOLT 2" SS30 GALVANIZED PIPE Driven Approx. 10' or suitable resistance, to engineer spec (Suitable resistance defined by following: Selected post will be tested with 55#drop hammer, dropped from 36" height. Acceptable value to be 5 blows or greater per inch.) Alterative method in rock: Drill into rock then anchor cement 1" all thread, Bolt pipe socket into place and insert pipe inside socket then clamp POST PLAN CROSSBRACING USED ON HEIGHTS GREATER THAN 4' SCALE 0.050 „E ooa""evr camas oeiw u+o orree wro.Nnnn..rw� we nEr"o.sma.wxNNw• .�n.soonrrtNr.urNm, N W1gEgIN INfEMXhED OfQO®O�LEOIq UMInN��lA1 p1O� N'�11WI.1P4"C "� WEIGHT OF 10' SECTION OF TRACK 130# GAR AND TROLLEY WEIGHT SOD# CAPACITY WEIGHT 860# TOTAL WEIGHT 14W# MAX LOAD PER POST 745# IEK LOCATK)N 1161 RlveMewAcre;Rd Bvin Adkins Hudson, wl SQ16 LENGTH Thrs d—Ang . woronv 3/OB/23 172 of MNrne Imovatlom inc. BY PAGE SCALE d d� SLU T SCALE 0.080 BRAKING SHOE UNDER TRACK (BOTH CAR SAFETY MECHANISM SWITCH HONEYWELL LSAtA WITH ACTUATOR LSZ52A 0 00 GRIPPER PAD O GOVERNOR GOVERNOR DRIVE PULLEY—-, GOVERNOR TRIPPING SPEED 81-98 FEET PER MINUTE TROLLEY N DRIVE CABLE TENSION SPRING 150.210E FORCE (5-7" COMPRESSION) L:UMUMM LULAIIUN 161Riwview Acm Rd Kevin Adkins I Hudson, WI SQ16 naom.n�.camw oeaw.vornra..amnm., vm,o,ne ,�/i w,ai n«:M �wMNOuwu'ima w�ia'o®uOO�`"iso w.•w•. .w+wnusor,Hl M.rmaa®�,rm�aR,�oeo. PRAWN BY wmsi ocr.m rm.®w w.wsi wiw�ion, .c w, 1432PACE517 STATE BAR OF WISCONSIN FORM 1 - 1982 tSO459U WARRANTY DEED KATHLEEN H. WALSH REGISTER OF DEEDS DOCUMENT NO. ST. CROIX CO., WI RECEIVED FOR RECORD This Deed made between Charles T. Walker and 06-08-1999 9:30 AN Carrie R. Walker, husband and wife as WARRANTY DEED joint tenants, EXEMPT B Grantor, Y FEE: Kevin Adkins anSara COPY FEE - and as joint tenants TRANSFER FEE: 917.70 RECORDING FEE: 10.00 PAGES: I Grantee, Witnesseth, That the said Gruaor, for a valuable oorisidetatio[t conveys to Grantee the following described real estate in S t . C r o i X County, State of Wisconsin: Lot 6 of Certified Survey Map, recorded in Volume 1 of Certified Survey Maps on page 134 as document No. 327548, being a part of Government Lot 3, Section 35, Township 30 North, Range 20 West, Town of St. Joseph, St. Croix County, Wisconsin. This homestead property. i THIS SPACE RESERVED FOR RECORDING DATA RE Fu;=ilv 1; TITLE ONE 706 19TH STREET SOUTH HUDSON, W1 54016 030-2066-40-001 PARCEL toENTIFICAT10N NUMBER ! rt i ii it (is) XiiiDMkx Together with all and singular the hereditaments and appurtenances thereunto belonging; And Charles T- Walker and Cnrrio R W.1le. M t,—h—A —A ...,.C- warrants that the title is good, indefeasible in fee simple and free and clear of encumbrances except easements, covenants and restrictions of record, if any, and will warrant and defend the same. Dated this day of AUTHENTICATION Signature(s) (SEAL) (SEAL) authenticated this day of .-, 19_ June TITLE: MEMBER STATE BAR OF WISCONSIN (If not, i authorized by §706.06, Wis. Scats,) i THIS INSTRUMENT WAS DRAFTED BY i i; Heywood & Cari, S.C. by Samuel R sari P.O. Box 125, Hudson, WI 54016 99 ,19 , �7 •� (SEAL) CHARLLS T. WALKER (SEAL) CARRIE R. WALKER �%LEN ACKNOWLE is m e e State of Wisconsin, St- i Personally came before me this T-- day of .Tune 19. 99 the above named Charles; T- Walk 'r and Carrie R t tenants, _ to me known to be the person _S,who executed the foregoing inst the and cknowled a same. Notary Public, County, Wis. (Signatures may be authenticated or acknowledged. Both are not MY_�F�mission �¢ penriment. (if not, state expiration date: necessary) Names or persons vm— m am npedty should by aped or panted below thler STATE BAR OF WISCONSIN WARRANTY DEED Fong No. 1 — 1982 Waconan Legal Blank Co_ Inc. Nnwultee. M. 2 -7 "If SCALE r 90't 68 4 4100 0 50 100 ,. D ��158 59 594 ± m rn , r `� 0 S 48° 39. 0 POINT OF o N g 2.6 ACRES X 88'-f 2 110011 ' 04" Z Y OUTLOT I coo_ 1.81ACRE S THE ERECTION OF r BUILDI1168 ON OUTLOT I IS PRONIMTED AND THE rn INSTAL ATION OF SOIL AION SEWER $g'� SYSTEMS ON SAID OUTLOT I IS PROHIBITED. Ut N o W A N � O_ -4 N - O 1!6': rn S 48°39'40 W e�9��GF C S 480 734.5 7 ± 39.3 4pJ,W 616.57\' 1 223 5 TOP OF BLUFF 2.16 ACRES \, 1 83.87' 359.s4 03 '40"W 479 o 25 S 480.5 5 4 r W 119.75 s81.69 K' 2 LEGEND S 4803g'4p" „/On P1w, O 'Vj O 4 N 44° 13'27" W 228a97' T 30N, R 20W SECTION CORNER MONUMENT 0 1" X 24" IRON PIPE WEIGHING 1.68#/LINEAL FOOT. SURVEYED FOR: LaVerne Anderson, R. R. k2, Hudson, Wisconsin 54016 DESCRIPTION: parcel ot land located in Goverruneut Lot 3 of Section 35, T30N, R20W, Town of St. Joseph, St. Croix County, Wisconsin, described as follows: Commencing at the SE corner of said Section 35; thence `I44°1312?"W (true bearing) 228S.9"1; thence N51°20120"W 355.40' to the point of beginning; thence SS1°20'20"E 3SS.40'; thence S48°39'40"W 581.69'; thence S53°20'20"E 163.57'; thence S48°39'40"W 116', more or less, to the shore line of Lake St. Croix; thence :northwesterly along said shore line to a point S48039140"IV 684.4', more or less, of the point of beginning; thence N48039'40"E 684.4', more or less, to the point of beginning. I certify that the above description and map are correct and that I have fully complied with the provisions of Sec. 236.34 of the {t'isc sin Statutes. DATE: .April 14, 19%5 FRf CIS . NGD S- 8 APpR0 Job No. 7S-459 111111N�� COUNTY G O N � CROIX COON ,. s!'� , C00"El VE PARKS PLANNING AID 70N NC COMMITTEE OGDEN 1, SUR VOZuIIe 1 Page 134 List of Adjoining Landowners ELIZABETH A TR ANDERSON 1244 HWY 35 HUDSON, WI 54016 KHALID SHIRIF 163 RIVERVIEW ACRES RD HUDSON, WI 54016 C/O GERALD SHURB CROIXVIEW LNDOWNRS ASSOC 169 RIVERVIEW ACRES RD HUDSON, WI 54016 DANIEL C & CHERYL D SCHULTE 1242 HWY 35 N HUDSON, WI 54016 e CONDITIONAL USE PERMIT APPLICATION ADKINS/ OMMERFEL LIFT ACCESS STANDARD LEGEND (wlI *#SWIM Rood) PROPERTY LINE Emma INDEX CONTOUR EXISTING INTERMEDIATE CONTOUR 10°�"0Ij EOISmc TOT ELEVATION TA TOP OF SLAB ELEVATION pw TOP OF WALL ELEVATION ENSINO BITUMINOUS EDGE EDISRNG CURB AND GUTTER EXISTING CONCRETE EDGE CO a EXISTING TREES AND BUSHES I EXISTING WATER LINE S.S. EXISTING SANITARY SEWER LINE DISNNO STORM NEWER LINE EXISTING UNDERGROUND FIBER OPTICS LINE G EXISTING UNDER ROUND GAS LINE E EXISTING UNDERGROUND ELECTRIC LINE T EXISTING UNDERGROUND TELEPHONE UNE O.E. EXISTING OVERHEAD ELECTRIC LINE A SOIL BORING IN EXISTING GATE VALVE t'f DMNG HYDRANT e EXISTING SANITARY MANHOLE B EXISTING STORM SEVER MANHOLE ® e EXISTING STORM SEVER INLET go-. EXISTING POWER POLE M EXISTING TELEPHONE PEDESTAL m ISTI EXNG ELECTRIC PEDESTAL OR TRANSFORMER ]a EXISTING LIGHT POLE r EXISTING GAS METER 3Y TRAFFIC SIGNAL O ELECTRIC MANHOLE T EXOSIING SON, TRAFFIC OR PRIVATE FOUND COUNTY SCTION CORNDI MONUMFHT (AS NOTFD) O FOUND J.LM. SURVEY MARKER FOUND IRON BAR OrMRBEO ® FOUND 12 OUTSIDE DIAMETER IRON PIPE FOUND O.TS' OUTSIDE DIAMETER WON PIPE FOUND O.SO' SURVEY MONUMENT FOUND SPIKE ® ROE 3 s' DIAMETER BY 18' LONG ® SET SPIKE X SET LATH ( I RECORDED DISTANCE I \N\"\ N 64 ■F11 33 -. PROJECT (161 RIVERVIEW ACRES RD.) CREATE SOIL EROSION POTENTIAL. , 't.: TH A`JF L% SOLUNONS 1428134TH AVE. NEW RICHMOND, WI 54,017 PH.715-246-7529 PROJECT: KEVIN ADKINS & SARA SOMMERFELD 161 RIVERVIEW ACRES RD. HUDSON, WI 54016 LIFT FOR RIVER ACCESS LOT 6 OF C5M VOL.1, PG.134 PART OF GOVERNMENT LOT 3, SECTION 35, T30N, R20W, TOWN OF ST. J05EPH, ST. CROIX COUNTY, WI GCE, Frl'�Vi__D APR 0 3 202 St. Croix Count Communitv Develop ent THE ELEVATIONS SHOWN ARE ON NAVD 1988 DATUM DERIVED FROM OPS OBSERVATIONS AND ST. CROIX COUNTY LIDAR DATA. DRAWN BY: J1115 CHECKED BY: JWG DATE: 03/02/23 DWG FILE: 861-APKIN7 REF FILE: JOB NUNiBER: 861-APKINS REVISION DESC. ls7ArF MIE SHEET SHEEI' NO. T1.0 PROPERTY INFORMATION / G% LAND ZONED: (TOWN OF ST. JOSEPH) PRESERVATION RESIDENTIAL / �( I �O I S SOLLMONS OVERLAY: (ST. CROIX COUNTY) RIVERWAY / � , EXISTING PARCEL AREA 2.6 ACRES _ / (/ / 1428134TH AVE. ORDINARY HIGH WATER MARK / w o NEW RICHMOND, WI 54017 WI DNR 2007 DECLARATORY RULING 680.0 (1912 CORPS DATUM) y - O� PH. 715-246-7529 FLOODPLAIN (ST. CROIX COUNTY FLOOD INSURANCE STUDY) / PROJECr: (100 YR REGIONAL FLOOD ELEV.) 692.5t KEVIN ADKINS & SARA �ARI VERVI EW ACRES RD. HVDSON, WI 54016 / V LIFT FOR RIVER ACCE55 / -- �O LOT 6OF CSMOVEkN. ENTLO PART OF GOVERNMENTLOT3, SECTION 35, T30N, R20W TOWN OF Sr.. JOSEPH, ST. CROIX SHED \ COUNTY, W'I U / o GARAGE / - - SEPTIC / TANKS LEGEND: / HOUSE e���c - / � tOFT CONTOUR DECK \ 2FT CONTOUR '--- XXX.XX SPOT ELEVATION EX. TREES EX. RETAINING WALL 820 8v0— PROPOSED_ 80 \ \ \ LANDING `- -- 770 O O NOTE: LIDAR ELEVATION DATA IS 0 ` \ _ \ —72 � ( \ �- 7 I � \ � /. / THE ELEVATIONS SHONN ARE ON ONLY AVAILABLE DOWN TO THE Ql�Q ` \ / / c�NAs 1988OBSERDATUM AND SUEDT. max APPROXIMATE ELEVATION OF 684 1G\ i \ \ O / ,y \ _ / COUNTY lNS DATA. �J •.� .� ' — / \ �_ -� L)RAWN BY: JM5 CHECKED BY: )WC R^\`p OwG FILE: 861-ADKINS V� --- REF FILE: S� \ PROPOSED � \ \ \ \ \ \ _ / \ f'� \ — -- -- o LANDING & STAIRS \ \ / j , \ - -- . JOB NUMBER: 961-,4DKIN5 REVIs1oN nesc. STAFF N O� Q, �p� � � � -- � \ � �, \ � \ ---� - 1 f\ � � _ -- .._ _, � \ I C L P SUB,ti11TTAL JA45 04/03i_'.; (ranj 9T� \�9 L0 Feet r' / T — \ - --- - EXISTING CONnPIIONti C1.0 X-SECTION PROPOSED CART @ BOTTOM APPROX. OHWM ).0 1912 A.O.E. DATUM) i ON 3/28/23 F; —� F , ►` _ DING ,1 G ' Lk ND tS SOLUTIONS 1428134TH AVE. NEW RICHMOND, WI 54017 PH.715-246-7529 PROJECT: KEVIN ADKINS & SARA SOMMERFELD 161 RIVERVIEW ACRES RD. HVDSON, WI 54016 LIFT FOR RIVER ACCESS LOT 6OFCSh1 VOL.1, PG.134 PART OF GOVERNMENT LOT 3, SECTION 35, T30N, R20W, TOWN OF ST. JOSEPH, Sr. CROIX COUNTY, WI 11GEND: PROPERTY LINE �1OFT CONTOUR 2FT CONTOUR xxx.XX SPOT ELEVATION all Op O \ \ \ / THE ELEVATIONS SHOWN ARE ON NAVD 1988 DATUM DERIVED FROM F11 1 ` j / / i j is OPS OBSERVATIONS AND ST. CROIX 1 i1 / % I l j / / / / O�Q COUNTY UDAR DATA. O O PORCH rn j ( I j / , / H DRAWN BY: Ms I CHECKED BY: 1WG 0+00 w 0 1 +07 \ \ �2+00 PROPOSED LIFT 3.+ 60 % /4+00 � 5+QO PATIO DATE: o3/ozn3 — — — DWG FB E: 861-ADKINS o N cD 0 \ — ``�_' REF FILE: w 1 p 70 O ` I , ` , \ `\ j JOB \'UMBER 86 ADKIN5 1 X • I •'� \, ' I ( REVISION DESC. STAFF \ �, \` \• �\ i �1 '� 1 DRAFT JM5 03/31/23 \ A Q '�� •O � \••\ �� A � \ �\ � \\ � •\ � �O� \ �T'9 C.V.P.SUBMfTI-AL )MS 04/03/2> 1 % IPROPERTY LINE \ I'/ A X 0 40 80 X-SECCION i Fe�t / f Sl t LT NO. ST. GR,�,,0'I,':-IX � =$ Cq 'TY !?r-A. 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-2023-005 Kevin Adkins & Sara Sommerfeld 161 Riverview Acres Rd. New Richmond, WI 54017 RE: Conditional Use Permit Decision Property located in Government Lot 3 Sec. 35, T30N, R20W, Town of St. Joseph Project address is 161 River Acres Rd., Hudson, WI 54016 Dear Kevin and Sara; The St. Croix County Board of Adjustment has reviewed your request for the following item: 1. Conditional Use Permit to construct a lift pursuant to Section 17.36 F. 3.a.3., and H.13 of the St. Croix County Zoning Ordinance. After the hearing on May 25, 2023, the Board of Adjustment approved your request; please see the enclosed decision document. Feel free to contact me with any questions or concerns. Sincerely, 0�e 144464� Mike Wozniak, AICP Land Use Administrator Enclosure: Formal Decision EC: Town of St. Joseph Clerk; clerk@townofstjoseph.com Joseph Grandberg;joe@gslandsolutions.com CC: File Mike Wozniak, AICP Mike.Woznial<@sccwi.gov FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File Number: Applicant: Agent: Complete Application Received: Hearing Notice Publication: Hearing Date: Decision Date: CUP-2023-005 Kevin Adkins & Sara Sommerfeld Joseph Granberg April 5, 2023 May 11 and 18, 2023 May 25, 2023 May 25, 2023 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony and considered the entire record herein the Board of Adjustment makes the following Findings of Fact and Conclusions of Law pertinent to the applicant's Conditional Use requests: 1. The applicants are property owners Kevin Adkins & Sara Sommerfeld; the Agent is Joseph Granberg. 2. The site is located at 161 Riverview Acres Rd., Houlton, WI 54082; Lot 6 of CSM 1-134, Sec. 35 T30N R20W, Town of St. Joseph. 3. The subject property is 2.6 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 to construct a lift according to Section 17.36 F.3.a.3.) and H.13 of the Lower St. Croix Riverway District Ordinance. 5. The existing septic system was issued on 8/13/1984, inspected on 10/21/2021 and found to be compliant. 6. The project is subject to the Lift standards listed in Section 17.36 H.13. 7. The project is subject to the Lift standards listed in Section 17.36 H.13. a. Lifts are allowed by a conditional use permit if all of the following standards are met: 1. The lift is required to provide pedestrian access to the river because of steep, rocky, unstable or wet site conditions. 2. No lift shall be designed for the transport of boats or machinery up or down the bluff face. 3. The car of the lift may not exceed 4 feet by 6 feet. Cars may have handrails, but no canopies or roofs shall be allowed. 4. Lifts shall be located in the most visually inconspicuous portion of the lot. Location of the transporting device or power source shall be visually inconspicuous. 5. All visible parts of the lift shall be painted or finished in earth -tone, non -reflective colors and shall be visually inconspicuous. 6. Native vegetation plantings shall be used to form a vegetative canopy to screen the lift from the river. 7. Vegetation shall effectively screen lifts from the river within five years. 8. Existing vegetation may be removed within one foot on either side of the lift route and up to 8 feet above the lift floor. 9. Only one lift may be permitted on a lot that abuts the river. 10. A plan shall be submitted to the Zoning Administrator and certified by a registered professional engineer or architect showing that the lift components are securely anchored to prevent them from shifting and from causing accelerated erosion. 8. The project is subject to Chapter 16 Shoreland Overlay Districts Access standards Section 16.320 5. Pedestrian Access A Pedestrian Access Walkways, stairways, or lift systems, that are necessary to provide access to the shoreland in the shoreland setback area, shall be subject to the following standards: Pagel of3 CUP-2023-005 a. A Land Use Permit shall be required for any portion of the structure located within seventy-five (75) feet of Ordinary High -Water Mark; b. Shall be located within the viewing corridor, where topography allows; c. Maximum width may not exceed five (5) feet; d. At grade stiuctures shall be constructed to minimize erosion; e. Shall be constructed with materials that generally blend with the natural ground cover; f. Landings are allowed where necessary for safety purposes and shall not exceed fifty (50) square feet; g. A plan shall be submitted to the Zoning Administrator and certified by a registered professional engineer or architect showing that the lift components are securely anchored to prevent them from shifting and from causing accelerated erosion; and h. Land disturbance activities shall be done in a manner to minimize erosion and sedimentation and meet the erosion control standards in § 16.345.5. 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. Construction of a lift is a use that is allowed by Conditional Use Permit approval in the slope preservation area, and therefore does not violate the spirit and intent of the Ordinance ■ 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 by allowing for a safe way to access the waters of the St. Croix River. 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 lift, 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. All landings shall be no more than 50 square feet, as required in Section 16.320 S. Pedestrian Access. DECISION Based on the Findings of Fact and Conclusions of Law, Staff recommend approval of the Conditional Use Permit to construct a lift at 161 Riverview Acres Rd. the Town of St. Joseph with the following conditions: 1. The lift is constructed in accordance with the submitted site plan and schematics and applicable standards in Chapter 16 and 17. 2. All landings shall not exceed 50 square feet. Any landings built below the floodplain elevation shall be constructed per standards that will be floodproof. 3. An on -site preconstruction meeting shall be scheduled with Staff and the extent of the area where vegetation is to be removed shall be flagged, such area shall not exceed beyond 1-foot on either side of the lift route and shall not exceed 8 feet in overall width. 4. A revegetation plan shall be submitted to Staff prior to the on -site preconstruction meeting, which shall provide for vegetation that will effectively screen the lift within 5 years. This plan may include provisions for retaining existing trees if they will effectively meet the screening requirement. 5. 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. 6. All other applicable local, county, state, and federal permits shall be obtained prior to construction. Page 2 of 3 CUP-2023-005 7. 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. 8. 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. 9. 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. 10. 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 11. Upon the discontinuance of the use of a two-family dwelling on said premise for a period exceeding 365 days, the issuance of the conditional use permit shall automatically become invalidated. The burden of proof shall be on the property owner to conclusively demonstrate that the conditional use was operating during this period. 12. 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 request was approved 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 Chairperson Date Filed: May 25, 2023 Page 3 of 3 CUP-2023-005 St. Croix County Board of Adjustment Conditional Use Permit Staff Report CUP-2023-005 Hearing Date: May 25, 2023 ST. SRO NTY w Site Information Applicant: Kevin Adkins & Sara Sommerfeld Agent: Joseph Granberg Site Address: 161 Riverview Acres Rd. Parcel 1 D#: 030-2066-40-000 Alt ID #: 35.30.20.608E Site Location: Lot 6 of Certified Survey Map No. 1-134, Sec. 35 T30N R20W, Town of St. Joseph. Zoning District: Lower St. Croix Riverway Overlay. Request: Conditional Use Permit to construct a lift according to Sections 17.36 F.3.a.3.) and H.13 of the Lower St. Croix Riverway Overlay District Ordinance. Exhibits: 1) Staff Report 2) Conditional Use Application Exhibit 1 ST. CRD LINTY �f 161 Riverview Acres Rd Location Map ■ 161 Riverview Acres Road, Town of St. Joseph. ■ Parcel is 2.6 acres in size. ■ Lot width is approximately 160 feet. 51110M, 1:01,1$ PM 1:3.227 0 105 210 42Q1k Public ROW thdt Lrnsted Common Elemem 0 SundivisiWCSM Boundaries Lot and Units Par[ General Common Demem Percent Grade Classes 0 30 s0 120 m Oudot Lot 0 Tax Parcels 0 - 12 % 9CC coo Web App& kk-for A-GIS SW COO I WMR, SCC CM i SCC CoU and SCC Hifnmy 6epi I FEM0., SCC C66I Cho aria NPS I N=mI G—Pu iar Irxeligen Rgenry ZNGAI: Oek. StmlJr =y. Esd I W I Dept d N n- .-- D—ion d A.I. ST. CRQ L[NTY �f E 0 00' T I Community Development Department Applicant: Adkins & Sornmerfeld CUP-2023-005 Project Review ■ Vegetation will need to be removed. Proposed Lift Location PROPERTY INFORMATION r iORE9. (TOV`H OF Si. JO6EPH) aRE3ERYAT.OH RE51PEIRFRL z OVERLAY (Sr CRUX COLWTY� RILERWAY r EXISTING PARCELAREA 2.13 ACRES ! ORDINARY HIGH WATER YFf2N ✓tr f / M GHR 2MT DEVILARATORY RUUN6 5MQ M917OORPS DATUM) r q FLOOCALAM I$T CROIX COUNTY FLOOD INSURARCE Vucro (i Do VR REGIONAL P MD ELEV 1 Mff, , y o r / 4 .r r r� r` r NOTE: L16AR nLEVATION DATA I5 ONLY AVALASLE bunN TO THE APPROXIMATE ELE4'AT ION OF 564 1 N n �Q eFF + o eo m F w SEPTIC TAM!{$ *� HOUSE ECIC U. RETwNiN12, WALL/ S� o JARAQg ST. �RQ LINTY, Project Review X—SECTI0N PROPOSED CART @ BOTTOM 1 APPRIM BHM4 M 1912AAE. CATUM1 ce �ns—� ru `y a 0+00 $ 1 1+0) 2+00 r ui sen _i 3-0 4+00 I 5+QO PATJ0 NJ �11Y% t C F, GSAJSR- 4 \ eh. y ■1 v � 1 PR4P8RTY LINE q aD �o F r ST. I TY f Proposed Lift Construction Plans and Schematics ,�dF[ DETAIL A DETAL C MAIL C iMM WEDGE SOCKET SCALE SEE FC67P AN oe, Awu rar•�.r�.a+�i°� TSTOFL WTMRO WIY� Mri�n�i.�.w.� H�.Is'aw��..w�ebwb. wF..nwc piQlf.l3.Tf fq. FSL w•w�wn.M .l� �.�wwy ml MIIMp r FAcraaTT,e aB,woagLlFr`xTrrnaFT" In"oF OETNL D H6xe, 3• L'VAFLLMf1YFICIR 71pF ..�.�� .-- ,� cupuLrorvrmvFcra�Y uoF ^,� Tana I.OA90n IUIEp[M-7-}%'.f0A1V 7lLNCE ddOWF®IOR5 O r-- SHP NtoNr _ Ga'Eua i' Type E 6,,InE 7UQ— (2X).. 9 k Iron shesms L2x1 1- I A i --C—I Pare) 3nv Wtv . BladedfugnMa In v;lnlLy i I j 30.1i i . IS A GOVEIRNOR TENSION SPRINGS .� KI IO 117-19W [3l4--1•TI4" comprescioni SCALE OAM I-I/1'BIIFFER STROKE I p t ii DETAIL B SCALE DA 3 -i-.%4W FY2€ s Cils fahw Eeyin A S l?Ali _TSiHEE751ZE •.�r.a-.w.• ' w•c z— [NtAWN BY PAGE 9W'T aol� ST. SRO NTY M Proposed Lift Construction Plans and Schematics EMERCEMCN STOP RUTTORI-- 51-SE (nil IN COLOI[I DYER UPMOQ SWRCH - L� 41•sj0 —�{ - - Ate- - DOOR OPLNIEICy� {7 7.7 A-- —A ...SAFETY S1MTCfi SECTION A -A SCAte 0050 SECTION hA CARRIAGE DETAIL 11 7gluounilnuill SCALE 0b CARRIAGULANDING GATE DETAIL - INTERLOCK INSIDE DORR ..40 «� IH %5✓1d STAGGER PMST.TER fAF117W dRVJ'ROl1GH OPENMGI RONSTANT PIIE$$LIRE 70 REY SVTO1 mE P BUTTON FRED IN COLOR) i 2 �k SCALE 0 m A­Med m IaNIIIg,la - 3W b* la screw,' hor bok, lox L-dirgflmr Land4.IW LANDING GATE DETAIL 4I.1PL- 265AI 1.171 K 1•lh d ANGLE IPON fATTaYA:IA3dV A', HExBOLT —7' 5530 GALVANIZED PIPE , Dlhen Approx.l0'oi wisafik reeisdlrtxLx. to eneinus RPM 6alnEle nskronce deRr+[d M d�oAP� �^%• f wlll Ee tesbd Md� S51' drop Fimin� he eh Asepabk nlue m be 5 b ow a pmN Pe in h.1. -.. ALterdaa rriealm In a►: DRI7 Im, mcE uwl Io�ar0wmmt1-alltlrmd.BolLPlppeeaad:N iN al— aad lrpall pipe ImidelabR dim clamp P05T PLAN nOS.SORACING USED ON HDC+M GREATER THAN {• WEIGMT OE 10' SE[TlON R TRAac: ESOP SCALE O.MO CAR AND TROL'I WEII: C' iE CAPACTfY WEIGHT P60F: TOTAL WEIGHT 1{90R' NIAX LOAD PEA POST J 7450 CUSTOMER r tOCATION Ke,i:n AaLlrb w`.'el"m: wi=«�`�.,n ee DATE LENGTH `••CALF doa..o 6wt 3 oi_{ 0.005.. SLACK CARUMVERTENSION 5W n Q+—, HONEYWELL LSAIAWUH SCALE O.M GOVERNOR TRIPPING SPEED ♦y1AE FEET PER MINUTE TROLLEY BRAKING SHOE VNDER DIACX (BOTH SIDES) -DRIVE CCALE TE NSION SPRING 156210E wRQ LS•T COMPRE5510d<V ACTUATOR LSZ.52A 1' CRIPPER7AD5 7 �z V�. GOVERNOR--. GOVERNOR DRfVE PULLEY . �`LpLD! Pl1LLEV -COVERHOR ROPE '." 1H' 7X19 CAC 11fD7.IT— .LOCATION ..DATE KA AdLNy ' LENGTIi r..a.s.�:o',"eePNA" hr,T�� 4aF4CE O.OId ST. SRO NTY m Other Agency Reviews ■ Town of St. Joseph — No comments at this time. ■ Wisconsin Department of Natural Resources — No comments at this time. ST. I RO LINTY 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 absorb information gathered or request additional information. • The Board of Adjustment must stipulate findings to support their decision (for approval or denial). S-1- CROD LINTY Findings of Fact and Conclusions of Law 1. The Property Owners are Kevin Adkins & Sara Sommerfeld; the Agent is Joseph Granberg. 2. The site is located at 161 Riverview acres Rd., Houlton, WI 54082; Lot 6 of CSM 1-134, Sec. 35 T30N R20W, Town of St. Joseph. 3. The subject property is 2.6 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 to construct a lift according to Section 17.36 F.3.a.3.) and H.13 of the Lower St. Croix Riverway Overlay District Ordinance 5. The existing septic system was issued on 8/13/1984, inspected on 10/12/2021 and found to be compliant. 6. The project is subject to the Lift standards listed in Section 17.36 H.13. ST CRD LINTY Findings of Fact and Conclusions of Law... 7. Section 17.36 H.13. Lifts are allowed by a conditional use permit if all of the following standards are met: 1. The lift is required to provide pedestrian access to the river because of steep, rocky, unstable or wet site conditions. 2. No lift shall be designed for the transport of boats or machinery up or down the bluff face. 3. The car of the lift may not exceed 4 feet by 6 feet. Cars may have handrails, but no canopies or roofs shall be allowed. 4. Lifts shall be located in the most visually inconspicuous portion of the lot. Location of the transporting device or power source shall be visually inconspicuous. 5. All visible parts of the lift shall be painted or finished in earth -tone, non -reflective colors and shall be visually inconspicuous. 6. Native vegetation plantings shall be used to form a vegetative canopy to screen the lift from the river. 7. Vegetation shall effectively screen lifts from the river within five years. ST CRD LINTY Findings of Fact and Conclusions of Law... 7. Lifts are allowed by a conditional use permit if all of the following standards are met (continued...): 8. Existing vegetation may be removed within one foot on either side of the lift route and up to 8 feet above the lift floor. 9. Only one lift may be permitted on a lot that abuts the river. 10. A plan shall be submitted to the Zoning Administrator and certified by a registered professional engineer or architect showing that the lift components are securely anchored to prevent them from shifting and from causing accelerated erosion. ST. CRD LINTY Findings of Fact and Conclusions of Law... 8. The project is subject to Chapter 16 Shoreland Overlay Districts Access standards: Section 16.320 5. Pedestrian Access A Pedestrian Access. Walkways, stairways, or lift systems, that are necessary to provide access to the shoreland in the shoreland setback area, shall be subject to the following standards: a. A Land Use Permit shall be required for any portion of the structure located within seventy-five (75) feet of OHWM; b. Shall be located within the viewing corridor, where topography allows; c. Maximum width may not exceed five (5) feet; d. At grade structures shall be constructed to minimize erosion; e. Shall be constructed with materials that generally blend with the natural ground cover; f. Landings are allowed where necessary for safety purposes and shall not exceed fifty (50) square feet; g. A plan shall be submitted to the Zoning Administrator and certified by a registered professional engineer or architect showing that the lift components are securely anchored to prevent them from shifting and from causing accelerated erosion; and h. Land disturbance activities shall be done in a manner to minimize erosion and sedimentation and meet the erosion control standards in § 16.345.5. S-1- Cuo€ WUNTY. Findings of Fact & Conclusions 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. Construction of a lift is a use that is allowed by Conditional Use Permit approval in the slope preservation area, and therefore does not violate the spirit and intent of the Ordinance ■ 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 by allowing for a safe way to access the waters of the St. Croix River. ■ 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 lift, 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. All landings shall be no more than 50 square feet, as required in Section 16.320 5. Pedestrian Access. ST CRD LINTY Staff Recommendation Based on the Findings of Fact and Conclusions of Law, Staff recommend approval of the Conditional Use Permit to construct a lift at 161 Riverview Acres Rd. in the Town of St. Joseph with the following conditions: 1) The lift is constructed in accordance with the submitted site plan and schematics and applicable standards in Chapters 16 and 17. 2) All landings shall not exceed 50 square feet. Any landings built below the floodplain elevation shall be constructed per standards that will be floodproof. 3) An on -site preconstruction meeting shall be scheduled with CDD Staff and the extent of the area where vegetation is to be removed shall be flagged, such area shall not extend beyond 1-foot on either side of the lift route and shall not exceed 8 feet in overall width. 4) A revegetation plan shall be submitted to CDD Staff prior to the on -site preconstruction meeting, which shall provide for vegetation that will effectively screen the lift within 5 years. This plan may include provisions for retaining existing trees if they will effectively meet the screening requirement. 5) 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. ST CRD LINTY Staff Recommendation 6) All other applicable local, county, state, and federal permits shall be obtained prior to construction. 7) Should the work associated with the building permit not be completed and inspected prior to the permit expiring, then this approval may be revoked. 8) 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. 9) 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. ST CRD LINTY Staff Recommendation 10) 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. 11) Upon the discontinuance of the use of a lift on said premise for a period exceeding 365 days, the issuance of the conditional use permit shall automatically become invalidated. The burden of proof shall be on the property owner to conclusively demonstrate that the conditional use was operating during this period. 12) 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