HomeMy WebLinkAboutBoard of Adjustment 10-27-11ST. CROIX COUNTY BOARD OF ADJUSTMENT
Thursday, October 27, 2011
8:30 a. m.
Government Center, Hudson, Wisconsin- County Board Room
AGENDA
A. CALL TO ORDER/ ROLL CALL
B. OPEN MEETING LAW STATEMENT
C. ACTION ON PREVIOUS MINUTES
D. DATE OF NEXT MEETING: Discussion of date for November & December Meetings
E. UNFINISHED BUSINESS
1. Special Exception Permit for a non metallic mining operation.
Lawrence and Debra McNamara, 1963 31o Avenue, Glenwood City WI 54013
2. Rehearing on Waldroff appeal of Highway Commissioner revocation of
driveway permits.
F. PUBLIC HEARINGS
1. Special Exception Permit for filling and grading >10,000 sq. ft. in shoreland.
Terry Cook, 2296 55 t11 Street, Town of Somerset
2. Special Exception Permit for filling and grading >10,000 sq. ft in shoreland.
Richard Jorgenson, 544 210 Ave, Town of Somerset
G NEW BUSINESS
H. ANNOUNCEMENTS AND CORRESPONDENCE
L ADJOURNMENT
(Agenda not necessarily presented in this order.)
SUBMITTED BY: St. Croix County Planning and Zoning Department
DATE: October 13, 2011
COPIES TO: County Board Office County Clerk
Board Members News Media/Notice Board
* CANCELLATIONS /CHANGES /ADDITIONS
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
October 27, 2011
CALL TO ORDER: The meeting was called to order by Chairperson, Clarence (Buck)
Malick at 8:35 a.m.
ROLL CALL — Members Present: Joe Hurtgen, David Peterson, Sue Nelson & Jerry
McAllister
STAFF PRESENT: Dave Fodroczi, Director; Kevin Grabau, Code Administrator; Alex
Blackburn, Zoning Specialist; Pam Quinn, Zoning Specialist; and Bonita Clum,
Recorder.
Staff confirmed to the Board that this was a properly noticed meeting.
DATE OF NEXT MEETING: The next meeting for the Board is scheduled for
Thursday, December 1, 2011, at 8:30 a.m. in the County Board Room of the Government
Center in Hudson. (The date for the December hearing was set for December 22, 2011).
UNFINISHED BUSINESS:
Lawrence and Debra McNamara request for Non - Metallic Mining Operation:
Blackburn gave a brief overview and handed out Exhibit #8 for road maintenance and
Exhibit #9, which was a letter from the Town Chair to the Board. Malick wanted to make
sure of the following:
1. This is just a limestone mining request and not a request for sand mining.
2. Dust control is to be done with water only and not to be done with a petroleum
product.
3. Letter should be sent to all neighbors regarding water testing. A copy of this
letter is to be kept in the file as proof that these letters were sent.
4. All vehicles carry a spill kit or that a spill kit should be accessible at all times.
5. Also that a representative of the Planning and Zoning Dept may drop by anytime
to assure compliance.
Nelson wanted to make it is clear that this application does not include sand mining.
Blackburn confirmed that this is an application for limestone only and no sand at this
time.
Buck Sweeney and Bob Jewel from the Kraemer Company spoke in favor of the request
stating the following:
1. The Kraemer Company is not interested in mining sand, only limestone mining.
2. All mining will be above water line, as recommended.
3. The Kraemer Company will comply with all recommendations by the Highway
Department.
4. The Kraemer Company will be sending out certified letters regarding water
testing to neighbors and will make sure the Planning and Zoning Department
receives a copy of the letter for their file.
5. Spill kits will not be in every truck or vehicle, however they will be available to
all truck drivers at all times.
6. The Kraemer Company will continue to work on the road maintenance agreement
with Jamie Junker.
It is in the best interest of the Kraemer Company to make sure the road is maintained and
they will be responsible for taking care of this, and will keep the road in good condition
for their business. Jewel explained why they need eight acre increments rather than ten
acre increments. Jewel and Blackburn have previously discussed what the increments
were needed for, and Jewel explained that when the Kraemer Company opens a quarry,
they need five to six acres for the stock pile, road fill and maintenance equipment. A
financial assurance for this project has been set by Jewel and Blackburn at eight Acres.
Malick asked if the board could arbitrarily set the financial assurance at ten acres. Jewell
did not have a problem with this. Nelson asked what was meant in our last minutes by
Jewell's comment that his task was to find a reserve to replace the current reserve. Jewell
stated that the reserve in the mine in Dunn County is almost exhausted and his task was
to find a reserve for St Croix County to replace this. The term reserve is used to describe
unused limestone in a mine.
Carl Crest also testified in favor of the request stating that the quarry is a good thing for
transportation reasons. He feels this quarry will help cut cost for road repair etc.
Roger Hanson, Town Chairman of New Haven, spoke in favor stating that New Haven is
the Town in Dunn County where the sand quarry is located. Hansen feels it has been very
cost effective to have the quarry in their Township. The quarry has been there for fifteen
years and they have had no problems with the Kraemer Company.
Malick asked if there was anyone that wanted to speak in opposition of the request. There
were several people in the room in opposition. Because of the large number of people in
the room, Malick asked if after each testimony he could have a show of hands from those
who agree or disagree with what had been said.
John Strom, land owner and neighbor to the McNamara Property, spoke in opposition.
Strom feels that the answers to some of the application questions are misleading. He
made reference to a citizen survey that he conducted himself with his neighbors. His
main concerns are that surrounding homes are very close to the quarry and feel there are
health and safety issues. There are also children in the area and with the hills in this area,
there are safety issues for the children. He would like this addressed. Strom also has
concerns with the sensitivity of the water cable. The neighbors measured the water cable
line with the assistance of a GPS and the services of Bills Pump Service, using a `J'
probe. He feels the water cable can change depending on where it is measured from
where it is measured. Strom also has concerns about road conditions, signage, speed limit
etc. He wants to make sure the Kraemer Company is responsible for any changes,
maintenance and litigations. Strom feels that even though this is a five year permit, he
sees this as a fifty year project, and feels that the Township should look at this project as
a fifty year project.
Sweeney responded by saying they will be meeting with Junker after this meeting to
address a road maintenance agreement. the Kraemer Company will pay for any signage
and encourage drivers to use reasonable speed limits. Malick asked for a show of hands
on who agreed with Strom's points, five people were in agreement, and five in opposition
along with the applicant, to Strom's points.
Jaime Junker, Town Chairman of Forest spoke in opposition. The Town of Forest feels
that the application is incomplete and therefore do not feel like they can make a
recommendation at this time. Town of Forest does not want to be liable and would like
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more assurance that they will not be responsible for road damage. The Town of Forest
would like to see the Highway agreement prior to making a recommendation. They also
feel that "tons out" should be a condition. For safety reasons the Town would like all
trucks to leave and enter to the south on 310 only. Malick would like in the record, that if
a truck driver ignores signs, the County and Town are not responsible. McAllister asked
if the Town would be willing to sit down with the Kraemer Company to discuss the
public health and safety issues. Junker is willing to do this. Malick asked Olson what
concern, if any, does he have about the ability of the proposed mine to alter the probable
run off from the mining site from entering the creek. Olson said since he is familiar with
the area, the proposed berms are sufficient. The Land and Water Conservation
Department is also not concerned about run off. Junker is very concerned about
approving this application without having a road maintenance agreement. Malick asked
Sweeney if the Board decides to table this for a month, if a mediator might be a good idea
for the interim period so the two sides can come to an agreement. Sweeney feels that this
would be just another delay, and wants to get moving on this. Sweeney feels that a road
agreement is not why we are here. They would like to start stripping before winter hits.
Sweeney also indicated that the sooner they can start testing the road conditions with
loaded trucks, the sooner they can determine how to build the road to handle the
additional weight. Junker feels that we need to have the road done prior to the permit, not
after the permit. Sweeney feels this would be too risky for the Kraemer Company. Junker
states they are very much opposed to approving this permit without a Highway agreement
first. It was again suggested that the Board may table this for another month, and suggest
that the Town and the applicants should sit with a mediator. Then the mediator would
make a recommendation and the Board could use this information to make their
determination. Sweeney feels this is just another delay and would like to avoid this.
Junker feels it would be a mistake to approve this without some mediation. Junker feels
the Town and the applicants are just too far apart at this point. Sweeney feels that time is
of the essence; they would really like to go forward with this. They are agreeable to
meeting with a mediator to determine the best way to proceed, but they want to move so
they can get started. Sweeney feels that the intent is simple, if there is damage to the road
the Kraemer Company will fix it. They would like the road test to begin October 28, 2011
with the assistance of the Highway Commissioner. Junker feels that if the application is
approved, the Kraemer Company does not have a lot of risk at this point. He feels that the
Kraemer Company needs to solve the problems before the permit is issued. Junker does
not feel that another thirty days puts any added risk to the Kraemer Company. Junker
wants to take the time needed to come to an agreement and iron things out before. Malick
asked for a show of hands on who agreed with Junker's comments. The same five people
agree with Junker that did in the previous show of hands. Malick then asked by a show of
hands who agreed with Sweeney, and again the same hands were shown as previously.
Malick asked if anyone else would like to speak in opposition to the application, and
suggested that only new information should be offered. Strom asked to be heard again,
and had just one comment to add. He understands the passion that the applicant wants to
start as soon as possible, and asked that the same understanding is taken by the applicant
to make sure that the passion by the neighbors and Town's people be understood to make
sure this is done correctly.
Malick called for a recess on this request, but the hearing would remain open. Sweeney
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wanted to add that the road is their risk and not the Town's risk and would like to move
forward. Malick asked the staff if the County had received an application for the
landowner to disturb land over 10,000 square feet. Malick wanted to know if the owner
of this property has the right to move dirt around without approval of this Board so long
as they stay under 10,000 square feet; not mining, but stripping and building berms on
less than 10,000 square feet, without the approval of this committee. Grabau confirmed
that the landowner does have that right. It falls under general zoning, which does not
apply to the Town of Forest. Olson added that it would require the applicant to get a DNR
216 permit before they could do any disturbance, whether they get the approval from the
Board or not, before they could do any bulldozing and or moving of dirt.
McAllister wanted to confirm that if there is road damage, the Kraemer Company is
responsible to repair it. Sweeney says McAllister is absolutely correct, if the Kraemer
Company does damage to the road it is their responsibility to repair it. Junker wanted to
make sure everyone understands there is not just one issue here; there are several health
and safety issues. Sweeney states that they have agreed to only go south on Highway 310,
so the health and safety issues that have been submitted, are not an issue anymore.
The Board recessed for a break at 10:35 a.m.
The Board reconvened at 10:50 a.m.
Terry Cook - Special Exception Permit for Filling and Grading >10,000 sq ft in the
Shoreland zoning district. Pam Quinn presented the application and staff report. Malick
asked if there was anyone that would like to speak in favor or in opposition to this
request. Hearing none, Malick asked the applicant if they have seen the recommendation
and agree with it. The applicant responded with yes, they do.
Richard Jorgenson - Special Exception Permit for Filling and Grading >10,000 sq ft
in the Shoreland zoning district. Pam Quinn presented the application and staff report.
McAllister questioned where the property was located. Pam responded that the location
was about two miles south of the county line. Malick asked if conditions were recorded
on the plat. Blackburn stated that it depends on when the plat was done. This particular
plat was done in 2003 and it may not have anything specific on conditions. Malick asked
if anyone wanted to speak in favor or opposition to this application request. No response
was heard.
Waldroff Appeal of Highway Commissioners revocation of driveway permits: No
representation was present.
The Board recessed for a break at 11:05 a.m.
The Board reconvened at 11:50 a.m.
DECISIONS
After reviewing the material in the record, the Board rendered the following decisions:
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Waldroff Appeal of Highway Commissioners revocation of driveway permits:
Motion by Peterson, 2nd by Nelson to approve as recommended by Corporation Counsel
and to remove the last sentence as recommended Corporation Counsel. Motion carried
unanimously.
Lawrence and Debra McNamara request for Non - Metallic Mining Operation:
Motion by McAllister, 2nd by Malick to approve based on the findings of fact and
conclusions of law:
The applicants are Lawrence and Debra McNamara property owners, with Bob
Jewell of the Kraemer Company as the Agent.
2. The site is located at 1963 310 Street in Section 25, T3 IN, RI 5W, Town of
Forest, St. Croix County, Wisconsin.
The applicants filed with the Planning and Zoning Department an application for
a special exception permit for a non - metallic mining operation pursuant to Section
14.1 C. 1.a. and subject to provisions of Chapter 14, Nonmetallic Mining
Ordinance.
4. This request does not violate the spirit or general intent of the Ordinance since
nonmetallic mining is a use allowed by special exception permit approval in the
Ag Residential District and is an industry that contributes to the County's
economic well being.
With conditions on limiting hours of operation, implementing dust control
measures, maintaining the berms and vegetative screening, this request will not
constitute a nuisance by reason of noise or dust. There will be no smoke or odors
from this operation.
6. With conditions to prohibit mining into the groundwater, following the storm
water and pollution prevention plan and having spill kits in the vehicles that are
on site, this request will not be detrimental to public health.
7. With conditions to maintain the 100 foot buffers to property lines, and maintain
berms and vegetation this request will not have a negative affect on property
values.
With conditions to follow reclamation plans this request will not have a negative
impact on property values.
9. The Town of Forest has not submitted a recommendation.
10. With conditions to move the driveway 122 feet north of the 1 /4 corner of section 25,
the vision distance for vehicles driving north on 310 Street will be adequate and
therefore will not be detrimental to public health and safety.
11. With conditions to construct a type C intersection and requiring all truck traffic to
go south to State Highway 64, this request will not be detrimental to public health
and safety.
12. Public health will be protected by having the Kraemer Company provide baseline
testing of neighboring watering wells. These test results will provide comparison
data to determine if future mining activities are impacting the ground water.
13. Steve Olson from the Land and Water Conservation Department has reviewed this
application and recommends the fuel tank have a secondary fuel containment
system. Staff talked with Bob Jewell and Bob stated that the future fuel tank will
have a secondary containment system. Steve also recommended that a spill
prevention plan be submitted to the county and a copy be placed on site.
14. The Wisconsin Department of Natural Resources has not submitted a
recommendation on this request.
15. A reclamation estimate for $4318 per acre has been approved by the Land and
Water Conservation Department. With conditions to submit a bond there will be
sufficient funds to reclaim this site and therefore this request will not have a
negative impact on property values.
With the following conditions:
1. This five year special exception permit allows a new nonmetallic mining operation
for Dolomite only to start on the McNamara property in the Town of Forest.
2. Hours of operation shall be 6 AM — 6 PM Monday through Friday for crushing and
7:00 AM — 4:30 PM Monday through Friday for sales. The mine operator may
submit a written request for occasional /limited extended hours to the Zoning
Administrator for prior review and approval.
3. Dust control measures shall be implemented using water only. Water shall be
obtained from the surface water in the mine or trucked in.
4. The berms, 100 foot buffers and vegetative screening shall be maintained.
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Mining into groundwater is prohibited. A minimum of 10 foot separation shall be
maintained and mining shall not go below 1111 feet until results of an onsite water
level test are provided to the Zoning Administrator. If water test data is submitted
that indicates the water level is a difference of 3 feet plus or minus from 1101 feet the
Zoning Administrator shall bring it to the attention of the Board of Adjustment.
6. The storm water and pollution prevention plan shall be followed.
7. Spill kits shall be readily available onsite and exhibited on request to the Zoning
Administrator.
8. Reclamation plans shall be followed as submitted and approved.
9. The driveway shall be moved 122 feet to the north of the quarter corner of section 25
and a type C intersection shall be constructed.
10. All truck traffic shall enter from the south and leave to the south on 310 Street.
11. The Kraemer Company shall be responsible for offering baseline water testing to any
property owners within 1 mile of the outer perimeter of the pit operation. Evidence of
mailing to property owners shall be provided to the Zoning Administrator. The property
owners will then be responsible for any future testing. Baseline testing parameters shall
include pH, turbidity and total organic carbon.
12. The financial assurance of $43,180.00 must be submitted to the Planning and Zoning
Department prior to operation of the mine.
13. A copy of the spill prevention plan shall be submitted to the county and a copy shall
be kept accessible to people working on the site.
14. Upon any change in ownership or operation of the mine, the applicants shall submit
to the Zoning Administrator the name and contact information of the owner and
primary mine operator.
15. Any minor change (or addition) in area or use beyond what is shown in the plans shall
require review and approval by the Zoning Administrator. Major changes shall
require the special exception approval process, as stated in the Ordinance.
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16. 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 will not be amended
or added without notice to the applicant and an opportunity for a hearing.
17. Accepting this decision means that the applicants and all property owners have read,
understand, and agree to all conditions of this decision.
18. A copy of this decision shall be recorded with the Register of Deeds for the
information of interested persons and evidence of the recording provided to the
Zoning Administrator.
19. The Zoning Administrator may make unannounced compliance inspections during
working hours.
20. Applicants shall reimburse the Town for traffic signs including signs to prohibit truck
traffic north out of the driveway and others deemed necessary by the Town.
21. Applicants may not sell materials to trucks who violate the signs repeatedly.
22. A "proof rolling" of 310 Street shall be conducted between the driveway and
Highway 64 and approved by the Highway Department before November 15, 2011
Motion carried unanimously.
Terry Cook - Special Exception permit for Filling and Grading > 10,000 sq. ft. in the
Shoreland zoning district:
Motion by Nelson, 2nd by Hurtgen to approve based on the following findings of fact and
conclusions of law:
1. The applicant is Terry G. Cook, property owner.
2. The site is located on 22 acres in the NE' /4 of NW '/4 of Section 10, T3 IN, R19W,
Town of Somerset, St. Croix County, Wisconsin.
3. The applicant filed an application with the Board of Adjustment for a special
exception permit for filling and grading an area exceeding 10,000 square feet in
the Shoreland District of Pine Lake and an unnamed pond for construction of a
driveway and a proposed house with a POWTS pursuant to Section 17.29(2)(d) of
the St. Croix County Zoning Ordinance. The proposed filling and grading
activities for the entire project encompass an area of approximately 20,000
square feet on slopes ranging from less than 12 to 19.9 percent.
4. The applicant obtained a driveway permit from the Town of Somerset and a
county land use permit to allow land disturbance not to exceed 10,000 square feet
for initial excavation for the driveway and house foundation.
The Town of Somerset Town Board reviewed the application and recommends
support of the applicant's special exception permit request with land use
addendum.
6. The St. Croix County Land and Water Conservation Department has reviewed the
special exception permit application and completed a site visit on September 12,
2011. The LWCD finds the stormwater and erosion control plans adequate for the
site.
7. The Wisconsin Department of Natural Resources Shoreland Specialist, Mike
Wenholz, has reviewed the application and his only comment is to assure that an
appropriate stormwater management plan and erosion and sediment control plan
is included with each permit, if approved.
The applicant's proposed building site is on a wooded and heavily vegetated
hilltop whose surface runoff does not directly drain into either Pine Lake or the
unnamed pond. There are several hundred feet of separation between the house
and driveway excavation and neighboring properties. With conditions for
installation of erosion and sediment control measures that comply with state
Uniform Dwelling Code individual construction site requirements, the request
will meet the spirit and intent of the ordinance's purpose to prevent and control
water pollution.
9. The site is located in the Ag Residential and Shoreland Overlay Districts of Pine
Lake and an unnamed pond within a primary environmental corridor as identified
by the St. Croix County Development Management Plan 2000 -2020. With
conditions for maintaining permanent vegetation with limited use of phosphorous
fertilizers on the site and maintaining or enhancing the current level of native
groundcover on the site — particularly on steep slopes - this request will be
consistent with the goals and objectives of the St. Croix County Development
Management Plan 2000 -2020 aimed at protecting slopes, identifying and
protecting environmental corridors, and guiding development to locations and
conditions that minimize adverse impacts to natural resources.
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With the following conditions:
This special exception permit allows the applicant or their agent to disturb an area
of approximately 1/2 acre on slopes ranging from less than 12 to 19.9 percent in
the Shoreland District of Pine Lake for construction of a driveway, a detached
garage, and a dwelling serviced by a POWTS in accordance with the plans
submitted, and as provided in the conditions below. Approval for this special
exception permit does not include any additional grading and filling, tree removal,
structures, uses, or other development activities.
2. Prior to commencing filling and grading beyond the amount permitted by Land
Use Permit #87315, the applicant shall secure and comply with any other required
local, state, or federal permits and approvals, including but not limited to a
sanitary permit and building permit to allow house construction.
As required in land use permit #LU87315 issued on September 15, 2011 the
applicant or their agent shall install erosion control measures in accordance with
the approved plans. During construction, the smallest amount of bare ground shall
be exposed for as short a time as possible. The applicant shall maintain silt fence
or other approved sediment control measures required until self - sustaining,
permanent non - invasive species of vegetation has been successfully established
on all disturbed areas of the site. Phosphorous fertilizers shall not be used to
establish and maintain vegetation on the disturbed area of the site, unless a soil
test confirms that phosphorous is needed.
4. Within 30 days of substantially completing construction, the applicant shall
submit documentation to the Zoning Administrator in the form of photos that the
project has been completed as approved.
5. Any minor change or addition to the project, including but not limited to design of
the project, shall require review and approval by the Zoning Administrator prior
to making the change or addition. Any major change or addition to the originally
approved plan will have to go through the special exception approval process.
6. The applicant shall have six (6) months from the date of this approval to
commence the filling and grading project and one (1) year from the date of this
approval to complete it. Failure to do so shall result in expiration of the special
exception permit. If the special exception permit expires before the project
commences, the applicant will be required to secure a new special exception
permit before starting.
7. 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 will not
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be amended or added without proper notice to the applicant and an opportunity
for a hearing.
8. Accepting this decision means that the applicants have read, understand, and
agree to all conditions of this decision.
Motion carried unanimously.
Richard Jorgenson - Special Exception Permit for filling and grading >10,000 sq ft
in the Shoreland zoning district:
Motion by Hurtgen, 2nd by Peterson to approve based on the findings of fact and
conclusions of law:
1. The applicant is Richard Jorgenson, property owner.
2. The site is located on Lot 1, Oak Haven Subdivision of Section 15, T31N, R19W,
Town of Somerset, St. Croix County, Wisconsin.
The applicant filed an application with the Board of Adjustment for a special
exception permit for filling and grading an area exceeding 10,000 square feet in
the Shoreland District of two unnamed ponds for construction of a driveway and a
proposed house with a POWTS pursuant to Section 17.29(2)(d) of the St. Croix
County Zoning Ordinance. The proposed filling and grading activities for the
entire project encompass an area of approximately 11,000 square feet on slopes
ranging from less than 12 to 19.9 percent.
4. The applicant obtained a driveway permit from the Town of Somerset and a
county land use permit to allow land disturbance not to exceed 10,000 square feet
for initial excavation for the driveway and house foundation.
The Town of Somerset Town Board reviewed the application and recommends
support of the applicant's special exception permit request with land use
addendum.
6. The St. Croix County Land and Water Conservation Department recommends a
condition for the special exception permit that no grading and filling or vegetation
alteration is permitted in the drainage easement, this would include mowing. The
deep rooted vegetation established in the drainage easement is a key component in
controlling on -site runoff and promoting infiltration of stormwater.
7. The Wisconsin Department of Natural Resources Shoreland Specialist, Mike
Wenholz, has reviewed the application and his only comment is to assure that an
appropriate stormwater management plan and erosion and sediment control plan
is included with each permit, if approved.
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The applicant's proposed building site is on a heavily vegetated lot located in the
Ag Residential and Shoreland Overlay Districts of two unnamed ponds, but
surface drainage flows into a designated stormwater retention area that was
designed for the subdivision and does not directly discharge into either of these
navigable water bodies. With conditions for installation of erosion and sediment
control measures that comply with state Uniform Dwelling Code individual
construction site requirements, the request will meet the spirit and intent of the
ordinance's purpose to prevent and control water pollution.
With the following conditions:
This special exception permit allows the applicant to disturb an area of
approximately 11,000 square feet on slopes ranging from less than 12 to 19.9
percent in the Shoreland District of two unnamed ponds for construction of a
driveway and a proposed dwelling with a POWTS in accordance with the plans
submitted, and as provided in the conditions below. Approval for this special
exception permit does not include any additional grading and filling, tree removal,
structures, uses, or other development activities.
2 Prior to commencing filling and grading beyond the amount permitted by Land
Use Permit #87314, the applicant shall secure and comply with any other required
local, state, or federal permits and approvals, including but not limited to a
sanitary permit and a building permit.
As required in land use permit #LU87314 issued on September 15, 2011 the
applicant or their agent shall install erosion control measures in accordance with
the approved plans. During construction, the smallest amount of bare ground shall
be exposed for as short a time as possible. The applicant shall maintain silt fence
or other approved sediment control measures required until self - sustaining,
permanent non - invasive species of vegetation has been successfully established
on all disturbed areas of the site. Phosphorous fertilizers shall not be used to
establish and maintain vegetation on the disturbed areas of the site, unless a soil
test confirms that phosphorous is needed.
4 No grading, filling, or alteration of existing vegetation including mowing is
permitted in the stormwater drainage easement. The deep rooted vegetation
established in the drainage easement is a key component in controlling on -site
runoff and promoting infiltration of stormwater. Within 30 days of substantially
completing the house construction and POWTS installation, the applicants shall
record an affidavit referencing this decision and the stormwater management and
maintenance agreement against the property, and provide a recorded copy of the
affidavit and all referenced documents to the Zoning Administrator. The intent is
to make present and future owners aware of the responsibilities and limitations
associated with this decision.
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Within 30 days of substantially completing construction, the applicant shall
submit documentation to the Zoning Administrator in the form of photos that the
project has been completed as approved.
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 prior
to making the change or addition. Any major change or addition to the originally
approved plan will have to go through the variance approval process.
7 The applicants shall have six (6) months from the date of this approval to
commence construction on the project and two (2) years from the date of this
approval to complete it. Failure to do so shall result in expiration of the special
exception permit. If the special exception permit expires before construction
commences, the applicants will be required to secure a new special exception
permit before starting. The applicants may request extensions of up to six months
not to exceed a total of one year from the Zoning Administrator prior to the
expiration of the permit in the event that additional time is needed to secure other
required permits and approvals.
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 will not
be amended or added without proper notice to the applicant and an opportunity
for a hearing.
9 Accepting this decision means that the applicants have read, understand, and
agree to all conditions of this decision.
Motion carried unanimously.
Chair Malick adjourned the meeting at 2:00 p.m.
Respectfully submitted,
Sue Nelson, Secretary
Bonita Clum, Recording Secretary
October 27, 2011
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