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HomeMy WebLinkAboutBoard of Adjustment 08-28-03 • AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Clarence Malick, Chairman St. Croix County Board FROM: Julie Speer, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, August 28, 2003 TIME: 8:30 a.m. LOCATION: Government Center, Hudson, Wisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ELECTION OF OFFICERS: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: OTHER BUSINESS: 1) Update on legal cases 2) Update on past BOA approvals — outstanding conditions 3) County Materials Discuss tabled Special Exception request for County Materials- Town of Warren (hearing held on May 22, 2003) OLD BUSINESS: NEW BUSINESS: See attached ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT: (agenda not necessarily presented in this order) SUBMITTED BY: St. Croix County Zoning Office DATE: August 7, 2003 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *CANCELLATIONS /CHANGES /ADDITIONS PUBLIC'. HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, August 28, 2003 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. The Board will view each site in question, after which the Board will deliberate and vote on the appeals. 1. ARTICLE: 1) Variance request to exceed the number of animals allowed on a parcel of 2 !/2-5 acres in size. The applicant is requesting to have two horses on a 4.58 acre parcel. 2) Variance request to the Class "D" Highway requirements pursuant to Section 17.64(1)(d)The request is for a 39 -foot variance from the 100 -foot road right -of -way setback to construct a horse barn on-the property. APELLANT: Paul and Barb Jaeger LOCATION: The NE' /4 - NE' /4, Section 33, T30N -R19W, Town of St. Joseph ADDRESS: 595 Perch Lake Road, Hudson, WI 54016 2. ARTICLE: Special Exception request for filling and grading on slopes in excess of 20% pursuant to Section 17.15(6)(t). The request is for a special exception permit to allow the property owner to construct a driveway on the property. APELLANT: Dan Bauer LOCATION: The SW 1 /4 of Section 29, T28N -R18W, Town of Kinnickinnic ADDRESS: Off of Quarry Road, River Falls, WI 54022 3. ARTICLE: Variance request to the driveway separation standard requirements pursuant to Section 17.64(5)3. The request is for a 93 -foot variance from the 200 -foot driveway separation standard to construct a driveway. APELLANT: Terry and Carol Menk LOCATION: The SW' /4 - SE 1 /4, Section 18, T30N -R19W, Town of Somerset ADDRESS: Off of 150 Avenue, Somerset, WI 54023 4. ARTICLE: Special Exception request for filling and grading in excess of 1,000 square feet on a slope between 12 -20% in a Shoreland District pursuant to Section 17.29(2)(c )1. Request is for a special exception permit to allow the property owner to construct a new home and driveway on the property. APELLANT: Mark and Kathleen A.Buechel LOCATION: The NE 1 /4 - SW 1 /4, Section 25, T29N -Rl9W, Town of Hudson ADDRESS: 740 Regal Ridge Circle, Hudson, WI 54016 5. ARTICLE: Variance request to exceed the height standards of an accessory building pursuant to Section 17.12(5). The applicant requests an after - the -fact four -foot variance to the 15- foot accessory structure height requirements to allow an existing building to remain at 19 -feet high. APPELLANT: Brian Smith LOCATION: The SW' /4 ofthe SE 1 /4, Section 30, T29N -R18W, Town of Warren. ADDRESS: 974 70 Avenue, Roberts, WI 54023 All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Director, Hudson, Wisconsin at (715) 386 -4680. Julie Speer, Chairperson St. Croix County Board of Adjustment OFFICIAL BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES August 28, 2003 The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was made. Julie Speer, Nick Golz , Stan Krueger, Rich Peterson and Richard (Buzz) Marzolf were present. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, Deb Zimmermann, Administrative Assistant, Jenn Emmerich, Zoning Tech, Pete Kling and Steve Olson, Land and Water Conservation Department. Chairperson Speer believes this to be a properly noticed meeting. Motion was made by Golz, seconded by Krueger to adopt the agenda. Motion carried. The Board set the next meeting date as September 25, 2003 and will be held in the County Board Room, at the Government Center. The starting time will be 8:30 a.m. MINUTES Motion by Marzolf, seconded by Krueger to adopt the minutes from the July 24, 2003 hearing with a typographical correction, and to make a correction on page seven, Article One, condition #4 to read: Applicant to provide a parking plan to the Zoning Department for review, which would provide a minimum of five (5) parking spaces for the two - family dwelling. Motion carried. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available for legal updates next month. OTHER BUSINESS Eslinger explained that the staff has been working with Harold Wolvert on some outstanding conditions related to his special exception permit for mini storage units. Wolvert is here today to speak to the Board on where things are at. Harold Wolvert, being duly sworn, explained that he has been working with staff on this. He has been going through a dissolution of partnership for the past two years, and that has caused some delays in the process. About 95% of the grading is completed, the lighting, fencing and landscaping is expected to be completed before November 1St Eslinger explained that if the applicant requests to have the timeframe for this project extended, he would have to come back before the Board for a new hearing. Staff is willing to work with the applicant to get this resolved. Eslinger introduced Jenn Emmerich, Zoning Technician working with violations. Emmerich has been working with Wolvert on this project. Eslinger told the Board that staff has been working with Carl Skoglund, Town of Stanton, on outstanding conditions relating to his special exception permit. Carl Skoglund, being duly sworn, explained that he is working on the site to get into compliance with the conditions. They are still cleaning up the site from when they bought it, as it was in bad shape and is taking a while to complete the clean up. Paving around the first building will be completed this fall. The driveway may need to be done at a later date, as they have been having a lot of problems with frost heave. The seeding on the property will be completed within 30 days. Skoglund will continue to work with zoning on completing this project, and becoming compliant with the conditions that are outstanding. The staff will keep the Board updated on these projects. OLD BUSINESS County Materials/ Sonnentag Family Limited Partnership: This request was tabled at the July 24, 2003 hearing to allow the applicant to submit additional information. The additional information was mailed to the Board. Eslinger stated that the applicant has addressed each point that was raised in a letter that zoning sent to them after the last hearing. Jeff Redmond and Buck Sweeney, being duly sworn, are attorneys representing the applicant. Redmond reiterated that each concern was addressed in the letter sent from zoning. They will be meeting with Jim Devlin, of the DNR, to go over storm water plans. Steve Olson, Land and Water Conservation Department, explained that he would like to see the site plan updated of show the current elevations and corrections to the berm that have been discussed. Sweeney agrees and will get that information to zoning. It was agreed by all parties that a pre - construction meeting for all agencies involved will be held on site before any construction begins. Eslinger has spoken with St Croix County Emergency Government and they have stated that a packet has been received from County Materials, but has not been reviewed yet. A discussion was held on financial guarantees, and attachment #4 was reviewed with the Board. Redmond said that the bond was submitted, but may need to re -look at the amount. Zoning staff will have Corporation Counsel review. Dave Reneson, being duly sworn, is employed by County Materials. He discussed the proposed plans for the plantings being used for the berm. The plans for these plantings were designed by professional landscaping engineers (Applied Ecological Services). The plantings would work off of a 3 -foot wide crown and side slopes, and then prairie plantings and wildflowers will be used as well as trees and shrubs. The zoning staff agrees that this is a good plan for the berm. The Board recessed from 10:00 a.m. to 10:15 a.m. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public hearing notice was published correctly and was read into the record as follows: PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, August 28, 2003 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. 2 The Board will view each site in question, after which the Board will deliberate and vote on the appeals. 1. ARTICLE: 1) Variance request to exceed the number of animals allowed on a parcel of 2 % - 5 acres in size. The applicant is requesting to have two horses on a 4.58 acre parcel. 2) Variance request to the Class "D" Highway requirements pursuant to Section 17.64(l)(d). The request is for a 39 -foot variance from the 100 -foot road right -of -way setback to construct a horse barn on the property. APELLANT: Paul and Barb Jaeger LOCATION: The NE 1 /4-NE ' /4, Section 33, T30N -R19W, Town of St. Joseph ADDRESS: 595 Perch Lake Road, Hudson, WI 54016 2. ARTICLE: Special Exception request for filling and grading on slopes in excess of 20% pursuant to Section 17.15(6)(t). The request is for a special exception permit to allow the property owner to construct a driveway on the property. APELLANT: Dan Bauer LOCATION: The SW 1 /4 of Section 29, T28N -RI 8W, Town of Kinnickinnic ADDRESS: Off of Quarry Road, River Falls, WI 54022 3. ARTICLE: Variance request to the driveway separation standard requirements pursuant to Section 17.64(5)3. The request is for a 93 -foot variance from the 200 -foot driveway separation standard to construct a driveway. APELLANT: Terry and Carol Menk LOCATION: The SW 1 /4- SE 1 /4, Section 18, T30N -R19W, Town of Somerset ADDRESS: Off of 150 Avenue, Somerset, WI 54023 4. ARTICLE: Special Exception request for filling and grading in excess of 1,000 square feet on a slope between 12 -20% in a Shoreland District pursuant to Section 17.29(2)(c )l. Request is for a special exception permit to allow the property owner to construct a new home and driveway on the property. APELLANT: Mark and Kathleen A.Buechel LOCATION: The NE 1 /4 - SW 1 /4, Section 25, T29N -R19W, Town of Hudson ADDRESS: 740 Regal Ridge Circle, Hudson, WI 54016 5. ARTICLE: Variance request to exceed the height standards of an accessory building pursuant to Section 17.12(5). The applicant requests an after - the -fact four -foot variance to the 15 -foot accessory structure height requirements to allow an existing building to remain at 19- feet high. APPELLANT: Brian Smith LOCATION: The SW 1 /4 of the SE 1 /4, Section 30, T29N -Rl8W, Town of Warren. ADDRESS: 974 70 Avenue, Roberts, WI 54023 3 All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Director, Hudson, Wisconsin at (715) 386 -4680. Julie Speer, Chairperson St. Croix County Board of Adjustment Article One: Paul and Barb Jaeger Eslinger explained that this request was heard and approved at the hearing in July, but the staff re- advertised because the variance for the animal units was not clear on the hearing notice. Staff wanted to make sure there were no public comments or objections to this request. Chairperson Speer asked if there was anyone in the audience that objected to this request. Hearing none, the decision of the Board will stand as is. Article Two: Dan Bauer This request is for filling and grading on slopes greater than 20% for construction of a driveway to serve a building site. Eslinger went over the staff report. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application Exhibit 3: LWCD comments Exhibit 4: Site location map Exhibit 5: Town letter Exhibit 6: Photos Exhibit 7: Letter from Lauing Exhibit 8: Letter from Bauer Dan Bauer, owner and Roger Humphrey, engineer, being duly sworn, went over the request with the Board. There were some concerns raised by Fred Lauing, adjoining property owner, regarding his drainfield. Humphrey assured the Board that the location of the driveway, and any construction involved, will not disturb the drainfield Fisher further explained that the easement on the property belongs to Bauer, so there is not a problem with that either. Humphrey explained that the driveway will be less than a 10% slope when completed. Bauer explained that they have been working with Kyle Kulow, of the LWCD on water run -off issues for this construction. The Board will view the site. Article Three: Terry and Carol Menk Eslinger explained the variance request for a 93 -foot variance to the 200 -foot driveway separation standard to construct a driveway to serve and existing lot off of 150 Avenue. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application for variance Exhibit 3: Site location map Exhibit 4: Photos 4 Eslinger went over the staff report and exhibits with the Board. He explained that the site chosen for the driveway is the best location. It would be very dangerous to have the driveway located anywhere else on this road to gain access to the property. The topography of the property limits access to this property. The Town has viewed this site, and has recommended approval of the request, stating that the terrain limits the driveway location. Terry and Carol Menks, being duly sworn, are the owners of the property. They told the Board that the Town asked that the driveway be placed in this location for safety reasons, and to avoid the area where the road has been repaired. Joe LeCroix, being duly sworn, and is an adjoining owner. He has no objections to this driveway. The Board will view the site. Article Four: Mark and Kathleen Buechel This request is for a permit to allow filling and grading and to disturb slopes of 12 -20% to construct a home and driveway in the Scenic Hills Subdivision in the Town of Hudson. The parcel is located in the shoreland of an unnamed pond. The applicant has been working with ACA Engineering on this project. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Applicant Exhibit 3: Site location map Exhibit 4: Photos Exhibit 5: LWCD letter dated August 21, 2003 Pete Kling, Land and Water Conservation Department stated his concerns with placing the home in the proposed area, as he believes is a sensitive area. Matt Hieb, ACA engineer and Mark Buechel, owner, were sworn in. Hieb stated that they are willing to put a deed restriction on the map that will take care of condition number 4. Buechel told the Board that the proposed home would be built within the 1- acre net buildable area that is designated on the plat. The reason that he has chosen this location is to protect the Oak Savannah area on the property, as it is a prime habitat for an endangered butterfly that is located in this area. Buechel works with the Minnesota DNR and is aware of sensitive areas as pointed out by Kling. He plans to plant wildflowers on the property and keep the area as natural as possible. There were no objections by the public to this request. Article Five: Brian Smith The request is for a 4 -foot variance to the 15 -foot accessory building height requirements to construct a 19 -foot pole shed to store a recreational vehicle and personal belongings. The following exhibits were introduced: 5 Exhibit 1: Staff Report Exhibit 2: Application for variance Exhibit 3: Location map Eslinger went over the staff report and exhibits. The Town of Warren has approved of the request. Brian Smith, being duly sworn, is the owner of the property. He explained to the Board that before building this shed, he contacted the building inspector for the Town of Warren, showed them his plans and asked if there was anything he needed to do to meet any setbacks, etc. He was issued the building permit, only to find out later that the building does not meet the ordinance requirements. The building will be used for his own personal property, and is being located on a parcel of land that is 30 -acres in size. Roger VanBeek, being duly sworn, is a friend of Smiths, and reiterated what Smith said about presenting the plans to the building inspector. He believes that Smith built the shed only after he thought he had met all of the requirements. George Calcagne, being duly sworn, lives at 966 70 Avenue and is an adjoining property owner. He is not asking for the shed to be taken down, but would like to be assured that this will not be used for a commercial use, and stated his concerns on how that would affect his property. There were no other objections to the request. The Board will view the site. The Board recessed from 11:25 a.m. to 2:15 p.m. to view the properties. DECISIONS: County Materials - Motion by Golz, seconded by Peterson to approve the request to amend a previous special exception permit based on the following findings: 1. The plans have been designed by a professionally licensed engineer and a landscaping architect. 2. The Land and Water Conservation Department concerns have been met. 3. The Town of Warren has approved of the request. 4. There were no objections to the request. 5. The Board stated that no bonding is being kept for future retention areas off of the Industrial zoned property. 6. The Board finds that the request is not contrary to the public interest. 7. The Board finds that the spirit and intent of the ordinance would be met by granting this request With the following conditions: 1. This permit allows the County Materials to complete the plans as submitted and approved. 2. To ensure the applicant is meeting the conditions of this permit, zoning staff shall review the site one year from the date of the decision (August 2004), and again 6 two years from the date of the decision (August 2005). The staff shall report their findings to the Board. 3. Prior to beginning any work, the applicant must schedule an on -site pre - construction meeting that includes the landowner, contractor, engineer, architect, and St. Croix County Zoning and LWCD staff members. Items to be discussed include but are not limited to coordinating installation of BMP's, construction timelines, roles and responsibilities of owner, engineer, architect, contractor, etc. 4. The applicant must maintain 15% of the Industrial zoned property for landscaping purposes per 17.18 (1) (f) 5. 5. The entire storm water collection facility and retention areas serving the stockyard must be located entirely on land -zoned industrial. 6. The applicant must install and maintain the landscaping plan as submitted to the Zoning Office on August 18, 2003. All landscaping must be installed by June 1, 2004. The applicant is responsible to replace those trees and shrubs that die. 7. The applicant shall report the type and volume of all petroleum products kept onsite with the St. Croix County Emergency Management Department. Documentation of this recording shall be filed with the zoning office. 8. Removal of topsoil is not allowed with out a separate special exception approval for a nonmetallic mining operation. There are some exemptions that can be explored and are listed in Nonmetallic Mining Ordinance. 9. All petroleum products shall be stored in full compliance with state and federal regulations. 10. The applicant shall maintain markers delineating the boundary of the property zoned Industrial. The markers shall be permanently placed in the ground and shall be located along the common boundary along the industrial and Ag. Residential property. This boundary is to be established by the surveyor and shall be consistent with the rezoning description for the industrial zoned property. These markers will assist County staff and the Board in verifying that all industrial activities are being conducted from the property zoned Industrial. Markers should be concrete, wood, or of some other permanent construction material, constructed to a height at least 4 feet tall and be visually conspicuous. 11. A financial guarantee equal to 120% of approved construction estimates must be submitted in favor of St. Croix County, to be held by the Zoning Office for the landscaping installation (trees, shrubbery, and turf areas), erosion control (best managements practices) and grading activities (to ensure proper construction of the storm water collection and sediment ponds, berm construction, and site grading). The initial financial guarantee period shall be for a minimum of one year and shall automatically renew until the county releases any or all of the financial guarantee • Written estimates must be submitted to the Zoning office for review and approval. • No construction, including earth moving, shall take place prior to approval of the financial guarantees • The applicant shall have the engineer submit proof that the plans were installed as approved. This document can be submitted in the form of an as -built or other document that county staff can review to ensure the plans were installed in accordance with the original design. • Upon substantial completion of all required improvements, the applicant shall notify the County Zoning Administrator of the completion of the improvements in writing. The County Zoning Administrator, in consultation with appropriate experts, shall inspect the improvements. • The County may retain a portion of the guarantee, for a period not to exceed two years after final acceptance of an improvement to ensure the project has been stabilized, this amount is not to exceed 15% of the cost of the improvement (tree, shrubbery, and turf establishment, erosion control and grading activities). The following vote was taken to approve: Marzolf, yes; Golz, yes; Peterson, yes; Krueger, yes; Chairperson Speer, yes. Motion carried. It was noted that a master list of conditions will be generated by the staff. This list will contain the conditions above, as well as conditions from the previously approved applications. Article One: Paul and Barb Jaeger This decision was made last month. Was placed on the agenda for informational purposes. Article Two: Dan Bauer Motion by Krueger, seconded by Golz to approve the request for a special exception for a permit for filling and grading on slopes greater than 20% to construct a driveway and building site on property zoned Ag/Residential based on the following findings: 1. The Town of Kinnickinnic heard the request and did not disapprove. 2. There was no opposition to the request. 3. The plans for the project have been designed by a professionally licensed engineer. 4. The Land and Water Conservation Department has approved of the request. 5. The Board finds that the request is not contrary to the public interest. 6. The Board finds that the spirit and intent of the ordinance would be met by granting this request With the following conditions: 1. This permit allows the applicant to disturb slopes greater than 20% to construct a driveway to access a building site. 2. Before this permit is valid, the applicant shall address the LWCD concerns listed in an email dated August 14, 2003. 3. A financial guarantee equal to 120% of approved construction estimates must be submitted in favor of St. Croix County, to be held by the Zoning Office for the erosion control and grading activities (to ensure proper construction). The initial financial guarantee period shall be for a minimum of one year and shall automatically renew until the county releases any or all of the financial guarantee • Written estimates must be submitted to the Zoning office for review and approval. • No construction, including earth moving, shall take place prior to approval of the financial guarantees • The applicant shall have the engineer submit proof that the plans were installed as approved. This document can be submitted in the form of an as- built or other document that county staff can review to ensure the plans were installed in accordance with the original design. 8 • Upon substantial completion of all required improvements, the applicant shall notify the County Zoning Administrator of the completion of the improvements in writing. The County Zoning Administrator, in consultation with appropriate experts, shall inspect the improvements. • The County may retain a portion of the guarantee, for a period not to exceed two years after final acceptance of an improvement to ensure the project has been stabilized, this amount is not to exceed 15% of the cost of the improvement (erosion control and grading activities). 4. Prior to beginning any work, the applicant must schedule an on -site pre - construction meeting that includes the landowner, contractor, engineer, architect, and St. Croix County Zoning and LWCD staff members. Items to be discussed include but are not limited to coordinating installation of BMP's, construction timelines, roles and responsibilities of owner, engineer, architect, contractor, etc. 5. The applicant shall provide the Zoning Office with the name and phone number of the person responsible for installing and maintaining the erosion control plan. 6. Any minor change or addition to the project, including but not limited to design of the project, shall require review and approval by the Zoning Administrator and the Land and Water Conservation Department prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 7. The applicant shall have one (1) year from the issuance of the special exception permit to commence construction. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before construction commences, the applicant will be required to secure a new special exception permit before starting or completing construction on the project. 8. These conditions may be amended or additional conditions may be added if unanticipated conditions arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a hearing. 9. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. The following vote was taken to approve: Marzolf, yes; Golz, yes; Peterson, yes; Krueger, yes; Chairperson Speer, yes. Motion carried. Article Three: Terry and Carol Menk Motion by Krueger, seconded by Golz to approve the 93 -foot variance request to the 200- foot driveway separation standards based on the following findings: 1. The Board found that a hardship is present due to the lay of the land. There are excessively steep slopes to the west and east. 2. Failure to allow a driveway to this property would render a "no reasonable use" of the property. 3. The neighboring property owners have worked with the applicant to solve the problem. 4. There are no safety concerns with the proposed location of the property. 5. The use is consistent with the surrounding properties. 9 6. The Town of Somerset approved of this location, stating that they preferred this location as it is further away from the failed bank near the property. 10. There was no opposition to the request. 11. The Board finds that the request is not contrary to the public interest. 12. The Board finds that the spirit and intent of the ordinance would be met by granting this request The following vote was taken to approve: Peterson, yes; Marzolf, yes; Krueger, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Article Four: Mark and Kathleen Buechel Motion by Golz, seconded by Speer to approve the request for a special exception permit for filling and grading and to disturb slopes of 12 -20% in the shoreland area of an un- named lake to construct a driveway and residence in the Ag/Residential District based on the following findings: 1. The Town of Hudson has approved of the request. 2. There was no opposition to the request. 3. The plans for the project have been designed by a professionally licensed engineer. 4. The Board believes the applicant showed good stewardship of the land with plans to maintain the natural habitat of the property. 5. The Board finds that the request is not contrary to the public interest. 6. The Board finds that the spirit and intent of the ordinance would be met by granting this request With the following conditions: 1. This permit allows the applicant to disturb slopes on 12- 20% in the shoreland area of an un -named lake to construct a driveway and house. 2. Before this permit is valid, the applicant shall address the LWCD concerns listed in an email dated August 21, 2003. 3. A financial guarantee equal to 120% of approved construction estimates must be submitted in favor of St. Croix County, to be held by the Zoning Office for the erosion control and grading activities (to ensure proper construction). The initial financial guarantee period shall be for a minimum of one year and shall automatically renew until the county releases any or all of the financial guarantee • Written estimates must be submitted to the Zoning office for review and approval. • No construction, including earth moving, shall take place prior to approval of the financial guarantees • The applicant shall have the engineer submit proof that the plans were installed as approved. This document can be submitted in the form of an as- built or other document that county staff can review to ensure the plans were installed in accordance with the original design. • Upon substantial completion of all required improvements, the applicant shall notify the County Zoning Administrator of the completion of the improvements in writing. The County Zoning Administrator, in consultation with appropriate experts, shall inspect the improvements. • The County may retain a portion of the guarantee, for a period not to exceed two years after final acceptance of an improvement to ensure the project has 10 been stabilized, this amount is not to exceed 15% of the cost of the improvement (erosion control and grading activities). 4. The applicant must record a storm water management plan and a drainage easement for the permanent storm water control structures against the deed for the property. The applicant is responsible to provide a recorded copy to the Zoning Office. The intent is to make the current and future owners aware of the responsibilities associated with the storm water management plan as well as the limitations (filling, grading, etc.) the landowner incurs as a result of the plan. 5. The applicant is to submit an Oak Savanna Restoration Plan for County review and approval. This information will be placed on a deed, restricting this area to remain as is. 6. Prior to beginning any work, the applicant must schedule an on -site pre - construction meeting that includes the landowner, contractor, engineer, architect, and St. Croix County Zoning and LWCD staff members. Items to be discussed include but are not limited to coordinating installation of BMP's, construction timelines, roles and responsibilities of owner, engineer, architect, contractor, etc. 7. The applicant shall provide the Zoning Office with the name and phone number of the person responsible for installing and maintaining the erosion control plan. 8. The applicant shall obtain all necessary approvals from the Wisconsin Department of Natural Resources. 9. The applicant must secure a township building permit before commencing construction. 10. The Zoning office is to be notified at the start and the finish of the project. 11. Any minor change or addition to the project, including but not limited to design of the project, shall require review and approval by the Zoning Administrator and the Land and Water Conservation Department prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 12. The applicant shall have one (1) year from the issuance of the special exception permit to commence construction. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before construction commences, the applicant will be required to secure a new special exception permit before starting or completing construction on the project. 13. These conditions may be amended or additional conditions may be added if unanticipated conditions arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a hearing. 14. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. The following vote was taken to approve: Krueger, yes; Marzolf, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Article Five: Brian Smith Motion by Peterson, seconded by Marzolf to approve the 4 -foot variance request for a permit to allow an accessory building to remain at a height of 19 -feet based on the following findings: 11 1. The Board found that the applicant acted in good faith and received approval and a building permit prior to construction and after supplying the building inspector with plans of the project. 2. The parcel of land is 30 -acres in size and more than adequate for a building of this size. 3. The color of the building is compatible with the home on the property and is aesthetically appealing. 4. The property is well screened from neighboring residences. 5. The building will be used for the personal property of the applicant only. 6. The Town of Warren has approved of the request. 7. The Board finds that the request is not contrary to the public interest. S. The Board finds that the spirit and intent of the ordinance would be met by granting this request The following vote was taken table: Golz, yes; Krueger, yes; Marzolf, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Motion by Krueger, seconded by Peterson to adjourn at 3:25 p.m. Respectfully submitted: Ri and Peterso , Secretary Debbie Zimmerm nn, ecording Secretary 12