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ROIX COUNTY
~ ST. C
WISCONSIN
ZONING OFFICE
i N N N p p N p■ Noun, ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
"y (715) 386-4680
December 2, 1996 File Ref: 65-96
Kris Belling
Wisconsin Department of Natural Resources
Suite 104
900 Hillcrest Street
Baldwin, Wisconsin 54002
Re: Board of Adjustment Decision
Dear Ms. Belling:
The St. Croix County Board of Adjustment has reviewed your
application for a special exception use permit for filling and
grading in a shoreland - dike construction and has approved your
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.
Very truly yours,
Thomas C. Nelson
Zoning Administrator
pe
Enclosure
cc: Sharleen M. Croes, Clerk - Town of Cylon
Dan Koich, WDNR
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 65-96
Complete Application Received: July 31, 1996
Hearing Notice Publication: Weeks of 8/5/96 and 8/12/96
Hearing Date: August 22, 1996
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 Kris Belling of the Wisconsin Department of
Natural Resources, whose address is Suite 104, 990 Hillcrest
Street, Baldwin, Wisconsin.
2. The applicant on July 31, 1996 filed with the Zoning Office an
application for filling and grading on the shoreland for dike
construction.
3. The Wisconsin Department of Natural Resources is the owner of
the property which is the subject of the application which is
located in the NW, of the SW', of Section 16, T31N-R16W, Town
of Cylon, St. Croix County, Wisconsin.
4. The subject property is presently used for wildlife habitat
and public recreation.
5. The property is zoned as state-owned under the current Zoning
Code of the St. Croix County Zoning Ordinance.
6. The Town of Cylon has no objection to the proposed dam that is
being planned for the drainage ditch.
7. The request is to build a small dike over an old drainage
ditch on the Cylon wildlife area which is Department owned
property in the Town of Cylon. The goals are to provide
wildlife habitat and public recreation.
8. This will result in the creation of a 7-1/2 acre pond.
9. The dike will be 5-1/2 feet from the bottom of the drainage
ditch. The water level will be approximately 1-1/2 feet. The
average water depth in the impoundment will be 2 feet. The
ditch itself will be deeper.
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CONCLUSIONS OF LAW
The Board concludes that:
1. The Board of Adjustment has authority under sec. 17.70 5
7 c 4
St. Croix County Zoning Ordinance to approve or deny a
request for a special exception use.
2. Special exception use permits may be terminated pursuant
to
sec. 17.70(7)(d)5, St. Croix County Zoning Ordinance, if the
conditions of the decision are not followed.
3. Section 17.29(2) allows a special exception for filling and
grading of the shoreland - dike construction.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and
the record herein, the Board approves the applicant's request for
a special exception use for filling and grading shoreland - dike
construction on the following vote:
N. Golz Yes
J. Neumann Yes
T. Filipiak Yes
A. Jensen Yes
Chairman J. Bradley Yes
with the following conditions:
1. This decision expires on December 2, 1997. No construction
may begin or continue after this date unless an extension is
granted in writing by the Board of Adjustment prior to the
expiration date.
2. The applicant must complete this project according to the
plans submitted and the conditions stated herein. Minor
changes in the project must be submitted to and approved in
writing by the Zoning Office before the project starts or
continues. Major changes must be brought back to the Board of
Adjustment for review and approval.
3. The applicant is responsible for obtaining any permit or
approval required for the project by municipal, town, county
or state laws, rules or regulations before starting the
project.
4. The applicant must provide confirmation to the County Zoning
Department that all other permits or approvals have been
received.
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a y •
5. The applicant must allow free and unlimited access to the site
during construction and operation at any reasonable time to
any Zoning Department employee to check for compliance with
this decision.
6. This decision 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.
7. No portion of the bank or upland which is altered, disturbed,
and/or unstable may remain unprotected for more than ten (10)
hours.
8. 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.
9. The applicant must keep a copy of this decision at the site
during construction.
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10. Tom Nelson, Zoning Administrator, shall be notified prior to
beginning the project. Call him at 715/386-4680 so that
compliance inspections can be made.
11. The Board of Adjustment may change or revoke this decision if
the project becomes detrimental to the public interest.
12. Accepting this decision and beginning the project means that
the applicant has read, understands, and agrees to follow all
conditions of this decision.
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 below. 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
3
period or the identity of any person who may claim to be aggrieved
by this decision.
ZONING BOARD OF ADJUSTMENT
Signed
Chairperson
Attest
Zoning Administrator
Dated: 12/2/96
Filed: 12/2/96
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Parcel 006-1035-10-000 01/15/2010 04:20 PM
PAGE 1 OF 1
Alt. Parcel 16.31.16.239A 006 - TOWN OF CYLON
Current ❑ ST. CROIX COUNTY, WISCONSIN
Creation Date Historical Date Map # Sales Area Application # Permit # Permit Type # of Units
00 0
Tax Address: Owner(s): 0 = Current Owner, C = Current Co-Owner
0 - STATE OF WISCONSIN, D N R
D N R STATE OF WISCONSIN
101 S WEBSTER BOX 7921
MADISON WI 53707
Districts: SC = School SP = Special Property Address(es): Primary
Type Dist # Description
SC 3962 NEW RICHMOND
SP 8020 UPPER WILLOW REHAB DIST
SP 1700 WITC
Legal Description: Acres: 37.790 Plat: N/A-NOT AVAILABLE
SEC 16 T31 N R1 6W NW SW EXC P239B AS DESC Block/Condo Bldg:
IN VOL 759/539 37.79AC
Tract(s): (Sec-Twn-Rng 401/4 1601/4)
16-31N-16W
Notes: Parcel History:
Date Doc # Vol/Page Type
07/23/1997 759/539
07/23/1997 738/239
07/23/1997 473/228
2009 SUMMARY Bill Fair Market Value: Assessed with:
0
Valuations: Last Changed: 11/08/1990
Description Class Acres Land Improve Total State Reason
STATE X2 37.790 0 0 0 NO
Totals for 2009:
General Property 0.000 0 0 0
Woodland 0.000 0 0
Totals for 2008:
General Property 0.000 0 0 0
Woodland 0.000 0 0
Lottery Credit: Claim Count: 0 Certification Date: Batch
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00