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Home My WebLink About004-1027-30-000(2) R ST. CROIX COUNTY WISCONSIN ZONING OFFICE N N ■ ST. CROIX COUNTY GOVERNMENT CENTER _ ails' 1101 Carmichael Road _ Hudson, WI 54016-7710 (715) 386-4680 June 1, 1999 File Ref: 6-99 James M. and Deborah A. Povolny 912 Adeline Court Mendota Heights, MN 55118 Re: Board of Adjustment Decision Dear Mr. and Mrs. 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, Steve Fish r Zoning Director dm Enclosure cc: Bernadene Menter, Clerk - Town of Cady Eunice Post - Department of Natural Resources V FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 6-99 Complete Application Received: March 25, 1999 Hearing Notice Publication: Weeks of April 5 and 12, 1999 Hearing Dates: April 22, 1999 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 M. and Deborah A. 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 a creek crossing. 3. The property is located in the SW 1/4 of the NE 1/4 of Section 12, T28N-R15W, 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(1)(b)2. Special exceptions are required for any filling and grading . 5. The Town of Cady supports this application. 6. A professional engineer was hired to design this project and the Board believes the design to be adequate to meet the requirements for this application. 7. The Board found that the applicant has worked with all appropriate agencies to secure proper permits for the proposed project. 8. The Board of Adjustment found that this special exception application conforms with the requirements for granting a special exception under Section17.29(1)(b)2. 9. 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 on the following vote: R. Peterson Yes D. King Yes N. Golz Yes B. Wert Yes Chairperson Speer Yes with the following conditions: 1. Provide a driveway plan (relief map), including the materials to be used for sub- base and surface material. Clarify road ditch stabilization practices, rip rap placement, and side slopes. 2. Submit a complete erosion control plan explaining how the side slopes will be stabilized after construction, show how all the toe slopes will be protected, (i.e. filter fabric, silt fencing, jute netting) and show what Best Management Practice will be used on the toe intercept. 3. Applicant to construct the creek crossing as detailed in the engineering plans. Erosion control to be installed and maintained as identified in plans approved by the Land and Water Conservation Dept. 4. The applicant shall receive all applicable permits from the Department of Natural Resources before commencing project. 5. Any major changes to the above conditions shall require a new public hearing. 6. Special exception permits may be terminated under Section 17.70(7)(d) of the St. Croix County Zoning Ordinance if the conditions of the decision are not met. 7. All construction shall be completed on or before October 1, 1999. 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(10), 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 2 r circuit court. ZONING BOARD OF ADJUSTMENT Signed: J,~ jovw ha' erson Attest Zoning Director Dated: 06/01/99 Filed: 06/01/99 I i I 3 FROM PHONE NO. Aug. 03 2000 03:03PM P3 - rte.-•~ age :0 1 10 1 as 1 ~ : , ~ ~ ~ „~.iia p v..._. r ..f. T-._,. - . / 7r/ `ycly _ I. Vo f - :c • r-e r- ~ . ' x rte.--• • 99 fit w Amp n vo ]e N _ a N y h 4 n "M z a o = ° Z p e,! i 7d 'V I~ wl z H z z b x a ~ r f•