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HomeMy WebLinkAbout002-1012-80-000 (2) STAROIX COUNTY WISCONSIN ZONING OFFICE N r u n ■ .o..r ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 - - (715) 386-4680 Fax (715) 386-4686 I June 21, 2000 File Ref: 21-00 Harold Gelderloos 143 Henly Drive Grand Haven, MI 49417 Re: Board of Adjustment Decision Dear Mr. Gelderloos: The St. Croix County Board of Adjustment has reviewed your request for a special exception for filling and grading in a Shoreland District and has approved this application with conditions. The enclosed document is the formal decision regarding your application. Should you have any questions or concerns, please do not hesitate in contacting me. Sincerely, Steve isher Zoning Director dz Enclosure cc: Kenneth Klanderman, Clerk - Town of Baldwin Eunice Post - Department of Natural Resources Ray Drake - Wisconsin Dept. of Transportation I FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 21-00 Complete Application Received: April 27, 2000 Hearing Notice Publication: Weeks of May 8 and 15, 2000 Hearing Date: May 25, 2000 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and conducted an on-site inspection, the Board finds the following facts: 1. The applicant is Harold Gelderloos, whose address is 143 Henly Drive, Grand Haven, MI 49417. 2. The applicant filed with the Zoning Office an application for a special exception request for filling and grading in a Shoreland District to construct a machinery crossing and to construct an access road, all in the Shoreland District of Pine Lake. 3. The property is located in the NE '/4 of the NW 1/4, Section 6, T29N-R16W, Town of Baldwin, St. Croix County, Wisconsin. 4. The Special Exception request is for a permit for Filling and Grading in a Shoreland District under Section 17.29(2)(c)1. Special exceptions are required for any filling and grading in a Shoreland District. 5. The applicant is working with the Zoning Office, the Land and Water Conservation Department, the Wisconsin Department of Transportation and the Wisconsin Department of Natural Resources on this project. 6. The Board found that the applicant has worked with all appropriate agencies to secure proper permits for the proposed project and these agencies have no objection to the project. 7. The Board of Adjustment found that this special exception application conforms with the requirements for granting a special exception under Section17.29(2)( c)1. 8. The Board of Adjustment found that the spirit and intent of the ordinance will be met by granting this special exception permit. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's request for a special exception permit for Filling and Grading in a Shoreland District and has been approved based on the following findings: 1. Plan presented was designed by the St. Croix County Land and Water Conservation Department. 2. Proposed access to property will be safer for the applicant and the public, as the applicant will no longer be using Highway 63 to access the property. 3. The spirit and intent of the ordinance will be met. With the following conditions: 1. The applicant shall obtain all necessary approvals from the Wisconsin Department of Transportation and Northern States Power Company prior to site preparation. Y 2. The applicant shall follow the plans as submitted. 3. The applicant shall install silt fence (erosion control measures) prior to commencing grading activities. Removal of the silt fence is required when no longer needed. 4. Work with the Land and Water Conservation Department during these projects to insure that the plans are implemented as designed. 5. The applicant shall have one (1) year from the issuance of the Special Exception permit to act on the Special Exception permit. Failure to commence the access crossings in this timeframe shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before commencing the grading/filling and riprap projects. 6. Any minor change (or addition) in expansion of the project shall require a review and approval by the zoning director. Any major change and/or addition to the originally approved plan will go through the special exception approval process, where applicable, as stated in the ordinance. The following vote was taken to approve: Peterson, yes; King, yes; Golz, yes; Rose, yes; Chairperson Speer, yes. Motion carried. 1. Special Exception application. 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(l 0), 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, which is available from Northwestern Court Reporters, Hudson, Wisconsin. It is the responsibility of the Board of Adjustment to submit its record (file) of this matter to the circuit court. ZONING BOAR OF ADJUSTMENT Signed: C irp son Attest Dated: 06/21/00 Zoning Director Filed: 06/21/00 2 4V late of Wisconsin APPLICATION/PERMIT FOR FORDS ►epartment of Natural Resources Pursuant to section 30.12(3)(a)4, Wis. Stats. Form 3500-94 his form is required under Section 30.12(3), Wis. Slats. Refusal to provide this information may result in the dismissal of your application. Personally lentifiable information on this form will be used for no other purpose. 's are Project Location Address ~J Street Route - AJE~ /0 Z- 1/4, Section T N. R S te, Z' C e / ( ) City Town ( ) Village of l Home Telephone o Work Telephone No. Fire Nu Tax Parcel No. n 0 e f Wate iereby certify that die information contained herein is true and accurate. I am the owner of the riparian property or am the duly authorized representative and may sign this glication on behalf of the owner(s) of said property. I have read and understand all of the conditions of this permit listed on the reverse side and will construct dme above endotned project in compliance with all such conditions. I understand that failure to comply with any or all of the provisions of the permit renders the authorization contained rein null and void and may result in a fine and/or imprisonment under the provisions of s. 30.12(5), Wis. Stats. or forfeiture under s. 30.15, Wis. Stats. Printed or Typed Full Name of Applicant Sig Applicant 2,ool 01 Date sign ~3 OU ATTENTION!! YOU MUST COMPLY WITH THE CONDITIONS ON THE BACK OF THIS PERMIT INDINGS OF FACT The applicant has complied with all procedural and legal requirements of Wisconsin Law. The proposed project will not result in a material obstruction to navigation, will not adversely affect water quality, will not increase water pollution in surface waters and will not cause environmental pollution as defined in s. 283.01(6m), Wis. Stats., if the project is constructed in accordance ih emit. The Department has determined that the granting of this permit would not be a major state action significantly affecti ~ ~2 A vironment. The Department and the applicant have completed all procedural requirements and the project as permitted will eptri ft ith all requirements of Wisconsin Administrative Code and Wisconsin Statutes. m The project will not impact wetlands.? t f ONCLUSIONS OF LAW The Department has authority under s. 30.12(3), Wis. Stats., and applicable Wisconsin Administrative Codes to issbe it for 9 ~lQ~(ect. CS The Department has complied with s. 1. 11, Wis. Stats. and NR 103, Wis. Adm. Code. 3TICE OF APPEAL RIGHTS " you believe that you have a right to challenge this decision, you should know that Wisconsin Administrative Codes and Wisconsin Statutes establish time periods within rich requests to review Department decisions must be filed. request a contested case hearing pursuant to s. 227.42, Wis. Stats., you have 30 days after the decision is mailed, or otherwise served by the Department, to serve a petition hearing on the Secretary of the Department of Natural Resources. This notice is provided pursuant to s. 227.48(2), Wis. Stats. LEAVE BLANK - DEPARTMENT OF NATURAL RESOURCE USE ONLY STATE OF WISCONSIN - DEPARTMENT OF NATURAL RESOURCES For the Secretary :S Issued BY: _ Date Signed Title: Fee Received: S~~ G~T1r ' 7' 414 a o6-..l 4o PERMIT CONDITIONS: FORD PERMIT PAGE 2 LEAVE BLANK - FOR DEPARTMENT OF NATURAL RESOURCE USE ONLY 1. Your accepting this permit and berinning to construct the nroiect means that you have read understand and a ree to follow all conditions of Mts Ilgrmit, 2. A photograph of the completed project shall be submitted to the Department within 10 days of project completion. 3. This permit is not valid unless You have obtained all reauircd approvals from other L 1 STATE And FEDERAL turisdictions. 4. The ford may only be constructed at a location where: a. The width of the stream is less than 100 feet. b. The normal depth of the stream is less than 2 feet; and' c. The streambed does not contain peat or muck over 2 feet thick. 5. The ford must: a. Consist of a 6-24 inch thick layer of 2-4 inch diameter rock or precast reinforced concrete planks over a base of crushed rock with a total thickness not exceeding 24 inches. b. Be no more than 16 feet wide in a direction parallel to the flow of the stream. C. Have its top surface at the same level as the natural streambed immediately upstream and downstream from the ford. This means that the material installed cannot result in the creation of an impoundment or dam upstream or a waterfall or riffle area downstream. 6. The approach road to the ford: a. May not slope steeper than 5 feet horizontal to 1 foot vertical (51-1: IV) toward the stream; b. May not have side slopes exceeding 2 feet horizontal to 1 foot vertical (2H:1 V); C. May not be constructed in or across a wetland; d. May not be raised above the elevation of the surrounding natural ground elevation within a mapped floodplain. e. May not involve grading on the banks of the stream exceeding 10,000 square feet. 7. Material excavated from the stfeambed or banks: a. May not be placed temporarily in any surface water body or wetland; b. May not be placed where it will obstruct flopd flows; and 8. All disturbed areas shall be riprapped, seeded, mulched or sodded to prevent erosion. Temporary and final erosion control measures shall be installed and shall be maintained until the site has adequately stabilized. Temporary erosion control measures such as straw bales and silt fences shall be installed prior to any precipitation or if work ceases for longer than 24 hours. 9. This permit expires on November 1 of the calendar year following the date of issuance. No construction may take place after that date unless you obtain a written extension of this permit from the Department before the date the permit expires. 10. You must maintain the ford in good condition. 11. Construction and maintenance of the ford may not damage fish or wildlife habitat, degrade water quality, obstruct navigation or other lawful public use of the stream, or adversely affect other owners of property abutting the stream. 12. You must keep a copy of this permit at the project site at all times until the project is completed. 13. You must allow Department employees access to the project site to make inspections at any time to determine whether the work is in compliance with this permit and any other legal requirements. 14. If necessary, the Department may: a. Amend this permit by changing or adding conditions to ensure that the project is in compliance with all applicable legal requirements. b. Revoke this permit to protect the public interest or revent material impairment of navigation. 15. Other conditions: Copies of this permit sent to: Conservation Warden s County Zoning Administrator US. Army Corps of Engineers Water Management Specialist.