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Home My WebLink About004-1027-30-000 (2) ZONING ACTIVITY WORKSHEET Property ID 06q 3, - - G Parcel Z . 'z~ S • 1 Municipality: Property Addr ss: b f , ,~z~ Q= x c c ; S ~ 72 ~c.23 )1 Owner Name: ( G'2/ Zr Other Interest: Other Interest: Activity: pecial Excepti Variance Rezonement Request Date: { - oc Acres: ` Zoning District: A2 AG A/R RES COM IND Past Zoning: A2 AG A/R RES COM IND Overlay District: SWETLAND FLOODPLAIN RIVERWAY NONE Type of Variance S ecial Exce tto 2<'2` _I Ordinance Citation: J~ Ordinance: ZONING SANITARY SUBDIVISION Conditions: f Decision: PROVE DENIED WITHDRAWN Date of Decision: Notes: V"Support -Linked to Rezoning -Objections -Hardship Conditions *CROIX COUNTY f WISCONSIN 771ZONING OFFICE ~~MMIIq~NII ~...i ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 w- - - =g (715) 386-4680 Fax (715) 386-4686 September 15, 2000 File Ref: 28-00 James M. Povolny 912 Adeline Court Mendota Heights, MN 55118 Re: Board of Adjustment Decision Dear Mr. Povolny: 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, Ste s er Zoning Director dz Enclosure cc: Bernadene Menter - Town of Cady Eunice Post - Department of Natural Resources Land and Water Conservation Department v FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 28-00 Complete Application Received: May 25, 2000 Hearing Notice Publication: Weeks of August 7 and 14, 2000 Hearing Date: August 24, 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 James Povolny whose address is 912 Adeline Court, Mendota Heights, MN 55118. 2. The applicant filed with the Zoning Office an application for a special exception request for filling and grading in a Shoreland District to re-establish an old stream crossing on his property to gain access for personal and business use of the property. 3. The property is located in the SW'/4 of the NE 1/4, Section 12, T28N-R1 5W, Town of Cady, 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, and the Wisconsin Department of Natural Resources on this project. 6. 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. 7. 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. The plans presented for the project were designed by a professional engineer. Plans for the project are to be followed as submitted to the Zoning Office. 2. The project was previously approved in April of 1999. 3. The new proposal of a 24-foot wide gravel surface will provide for a safe access for any future uses of the property. 4. The applicant is working with appropriate agencies to obtain permits needed for the project. 5. There were no objections to the request. 6. The spirit and intent of the ordinance will be met. With the following conditions: 1. This approval is for the construction of a creek crossing utilizing 2 six-foot galvanized culverts with a 24-foot wide gravel surface. i i 2. The applicant must obtain a Chapter 30 permit from the Department of Natural Resources before commencing construction of the project, as well as any permits needed from the Town of Cady. 3. The applicant shall follow the engineered plans as submitted. 4. It is preferred that all seeding shall be completed prior to September 15, 2000. If seeding cannot be completed by this date, the applicant must apply mulch to all disturbed areas to minimize erosion, and seeding for permanent re-vegetation must be completed as soon as weather conditions allow in the spring of 2001. 5. Applicant to supply the Zoning Office with the name of company and contact person who is responsible for the erosion control measures and notify zoning staff once erosion control is installed. 6. The applicant and contractor are responsible for installation and on-going maintenance of all erosion control practices/devices. 7. The applicant is responsible to contact the Zoning Office at the beginning and the end of the project to insure compliance with the engineered plans. 8. 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 business operation in this time frame 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 business operation. 9. Any minor changes (or additions) in expansion of the project shall require 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; Rose, yes; Golz, yes; King, yes; Chairperson Speer, yes. Motion carried. 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. NING BOARD OF ADJUSTMENT Signed: - Ch irp son Dated: 09/15/00 Attest Filed: 09/15/00 Zoning Director 2 State of Wisconsin 1 DEPARTMENT OF NATURAL RESOURCES Tommy G. Thompson, Governor Box 7921 George E. Meyer, Secretary 101 South Webster Street Madison, Wisconsin 53707-7921 URSCONSIN TELEPHONE 608-266-2621 DEPT. OF NATURAL RESOURCES FAX 608-267-3579 TDD 608-267-6897 November 17, 2000 r, Fil'&Ref.: 3-WC-99-1012LC James Povolny f 912 Adeline Mendota Heights, MN 55118 Dear Mr. Povolny : t SUBJECT: Culvert Approval, Gilbert Cree\6t ;Croix Cou~ity lam. The plans submitted by James Povolny for the proposed culvert on the bed of Gilbert Creek, located in the SW1/, of the NEV,, of Section 12, Township 28 North, Range 15 West in the Town of Cady, St. Croix County, have been reviewed by the Department. Based on the plans and information supplied to us, we have determined that the proposed culvert in Gilbert Creek will conform to the requirements of Chapter NR 116, Wisconsin Administrative Code. Our review does not include an assess- ment of the structural adequacy of the culvert to support loads imposed on it. The Department has evaluated the proposed project in light of the Wisconsin Environmental Policy Act (Section 1.11, Wisconsin Statutes) and has determined that the grant or denial of the approval would not be a major state action significantly affecting the quality of the human environment. The proposed project will not adversely impact wetlands as defined in Section NR 103, Wisconsin Administrative Code. The plans for the proposed culvert on the bed of Gilbert Creek are hereby approved under Section 30.10 and 30.123, Statutes, on the basis of navigation- al clearance and state floodplain management standards provided that: 1. This approval does not authorize any filling of the streambed, prohibited by Section 30.12, Statutes, nor any other alteration of the waterway which would otherwise require a Department of Natural Resources permit and authorizes culvert installation as shown on the plans received on August 11, 2000, by the Department. 2. Any filling, grading or topsoil removal on the banks of Gilbert Creek shall occur over as small an area as possible and as shown on the 8/11/2000 plans. A double row of silt fence running parallel to the ordinary high water mark of the creek shall be installed prior to any manipulation of on site soils, added fill, and/or culvert placement. 3. All disturbed areas shall be sodded or seeded to grass and mulched as soon as the installation is complete to prevent erosion into the creek during spring runoff in 2001. I eee9~ Quality Natural Resources Management Through Excellent Customer Service Rrryl a 4. Both ends of the culvert shall be protected with an adequate layer of riprap. 5. James Povolny shall assume all responsibility and liability for direct or indirect damage which may result from the placement of the culvert. 6. Eunice Post shall be contacted five (5) days prior to and upon completion of the project. 7. This approval shall expire on March 1, 2001, if the project is not completed before then. No construction may begin or continue after this date unless anew permit or permit extension is granted in writing by this Department. If you believe that you have a right to challenge this decision, you should know that Wisconsin statutes and administrative rules establish time periods within which requests to review Department decisions must be filed. For judicial review of a decision pursuant to Sections 227.52 and 227.53, Statutes, you have 30 days after the decision is mailed, or otherwise served by the Department, to file your petition with the appropriate circuit court and serve the petition on the Department. Such a petition for judicial review shall name the Department of Natural Resources as the respondent. To request a contested case hearing pursuant to Section 227.42, Statutes, you have 30 days after the decision is mailed, or otherwise served by the Depart- ment, to serve a petition for hearing on the Secretary of the Department of Natural Resources. The filing of a request for a contested case hearing is not a prerequisite for judicial review and does not extend the 30-day period for filing a petition for judicial review. This notice is provided pursuant to Section 227.48(2), Statutes. This decision was mailed on November 17, 2000. STATE OF WI ONSIN D TMENT OF NATURAL RESOURCES For the cr tary, By 'Ilan!irt- Post Water Regulation & Zoning Specialist c: James Totzke, E4527 380th Ave, Menomonie WI 54751 Mary Hecker, 3230 45th Ave, Knapp WI 54749 St Croix Zoning, 1101 Carmichael Rd, Hudson WI 54016 Warden Paul Nadolski, DNR/Baldwin Dennis Blegen, Town of Cady, Box 222, Wilson WI 54027 I