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ST. CROIX COUNTY
WISCONSIN
ZONING OFFICE
N r ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
_ Hudson WI 54016-7710
715 386-4680
June 9, 1994 File Ref: 10-94
Mr. Michael E. Curtis
1510 5th Avenue
Baldwin, Wisconsin 54002
RE: Special Exception Request
Dear Mr. Curtis:
The St. Croix County Board of Adjustment has reviewed your
application for a permit to put a bridge over a navigable
body of water, and has conditionally approved your
application. The enclosed document is the formal order and
decision for your application.
If you have any questions, please do not hesitate in
contacting our office.
Sincerely,
Thomas C. Nelson
Zoning Administrator
mz
Enclosure
cc: Kenneth Klanderman, Baldwin Town Clerk
Dan Koich, WDNR
Eugene Zimmerman
FINDINGS, CONCLUSIONS, DECISION
AND ORDER OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 10-94
Complete Application Received: 3/28/94
Hearing Date: 3/28/94
Dates of Publication: 4/11/94 and 4/18/94
FINDINGS OF FACT
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 Michael E. Curtis, whose address is
1510 5th Avenue, Baldwin, Wisconsin 54002.
2. The applicant on March 28, 1994 filed with the
Zoning Office an application for a special exception
use permit for a bridge over a navigable body of
water.
3. Eugene Zimmerman is the owner of the following
described property which is the subject of the
application, which is located in the NE; of the NW;
of Section 26, T29N-R16W, Town of Baldwin.
4. The subject property is presently used as a pasture.
5. The property is zoned Ag-Residential under the
current Zoning Code of the St. Croix County Zoning
ordinance.
7. The Town of Baldwin supports the application.
8. A letter from the Department of Army Corp of
Engineers, CSM showing the proposed building
site and Carr Creek, a cross section
dimension of the proposed bridge, top side
view and lateral view, application sheet to
the Army Corp of Engineers, photograph of the
proposed location of the bridge; colored
photo of the location and a letter of
recommendation from the Town of Baldwin were
submitted in support of this request.
9. The Zoning Office as well as the Department
of Natural Resources supports this proposal.
10. The Purchase of the Zimmerman property is
conditional upon approval from the Board of
Adjustment.
11. This would be a 3 bedroom home which would be
located on approximately 8 acres of land. The
bridge would be used exclusively for the Curtis
home.
SPECIAL EXCEPTION
The application for a special exception permit meets the
requirements of §17.33(3)(g) of the Zoning Code as follows:
CONCLUSIONS OF LAW
Based upon the above Findings of Fact, the Board concludes
that:
1. The County and the Board of Adjustment has authority
under Section 17.70(c)4 of the Zoning Code to
approve a permit.
2. Special Exception Use Permits may be terminated as
per 17.70(7)(d) of the St. Croix County Zoning
Ordinance if the plan or the conditions of the
permit are not followed.
ORDER AND DETERMINATION
On the basis of the above Findings of Fact, Conclusions of
Law, and the record herein, the Board made a motion to
conditionally approve this request and voted as follows:
Chairman Bradley YES
T. Filipiak YES
T. Dorsey YES
J. Neuman YES
The motion carried and the application is herein
conditionally approved subject to the following conditions:
1. This permit expires on March 28, 1994, if the
project is not completed before then. No
construction may begin or continue after this date
unless a new permit or permit extension is granted
in writing by the Zoning Office.
2. You must complete this project according to the
plans you submitted. If you wish to make changes in
the project, you must submit your new plans to the
Zoning Office. The Zoning Office then must approve
the changes in writing before you start or continue
your project.
3. You are responsible for obtaining any permit or
approval required for your project by municipal,
town or county zoning ordinances or by the U.S. Army
Corps of Engineers before starting your project.
4. You must provide confirmation that you have
initiated the permit process with all other
regulatory agencies.
5. You must allow free and unlimited access to your
project site at any time to any Zoning Office
employee who is investigating the project's
construction, operation, or maintenance.
6. The Zoning Office may change or revoke this permit
if the project obstructs navigation or becomes
detrimental to the public interest.
7. The applicant shall perform the removal under the
direction of the Zoning Office if it becomes
necessary to protect the navigable waters involved.
8. Your accepting this permit and beginning the project
means that you have read, understand, and agree to
follow all conditions of this permit.
9. You must keep a copy of this permit at the project
site at all times until the project has been
completed.
10. Tom Nelson shall be notified prior to beginning the
project by calling 715/386-4680 so that compliance
inspections can be made and also at the finish of
said project.
11. This permit has been issued with the understanding
that any construction equipment used is the right
size to do the job and can be brought to and removed
from the project site without unreasonable harm to
vegetative cover or fish and/or wildlife habitat.
The removal of vegetative cover and exposure of bare
ground shall be restricted to the minimum amount
necessary for construction. Areas where soil is
exposed must be protected from erosion by seeding
and mulching, sodding, diversion of surface runoff,
installation of straw bales or silt screens,
construction of settling basins, or similar methods
as soon as possible after removal of the original
ground cover.
12. No portion of the bank or upland which is altered,
disturbed, and/or unstable may remain unprotected
for greater than ten (10) hours.
13. If filter fabric silt fences are utilized as the
upland erosion control method used to prevent
sediment from washing into the river, there should
be a double-row of fences parallel to each other
about ten (10) feet apart. Someone shall be
designated to monitor the effectiveness of these
silt fences and maintain them before the work crew
leaves the work site at the end of each work day.
Tom Nelson shall be notified of that designee.
14. The Department of Natural Resources must also be
notified of the start of this project as well as the
completion of said project.
APPEAL RIGHTS
This decision may be appealed by any person aggrieved by
filing an action in certiorari in the circuit court of this
County within 30 days after the date of filing shown above.
The County assumes no liability for and makes no warranty as
to the legality of any construction commenced prior to the
expiration of this 30-day period.
ZONING BOARD OF ADJUSTMENT
a4L. O.,4,;X5
Signed
Chairperson
Att
Zoning Administrator
Dated: 6/10/94
Filed: 6/10/94
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