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Home My WebLink About006-1093-20-000 (2) ST CROIX CO 0 AA UNTY PLANNING ZONING k May 1, 2006 File Ref. 06SE0058 k3Y:v Ms. Ann Burton h E13401205th Avenue Downing, WI 54734 CodeA4680tra 715-3866--4680 ul Re: St. Croix County Special Exception Request, Parcel 33.31.16.616, Town of Cylon Land Information Planning Dear Ms. Burton: 715-386-4674 40 aiz Real The St. Croix County Board of Adjustment (Board) has reviewed your variance requests P tr3' 715-44677 to encroach within the Subcollector Highway setback and the driveway spacing requirements for the placement of a home in the Town of Cylon. At its meeting on April R cling 27, 2006 the Board voted to approve the application with conditions. The enclosed -386-4675 document is the formal decision regarding the application. -w Your must obtain any other required local, state, and federal permits and approvals. Please feel free to contact me with any questions. ,ySincerely, Jennifer Emmerich Zoning Specialist Eric: Variance Decision Cc: Clerk, Town of Cylon Calvin Burton, Agent ST. CROIX COUNTY GOVERNMENT CENTER 1 101 CARMICHAEL ROAD, HUDSON, WI 54016 715386-4686 FAX P O)CO.SAINT-CROIX.W-1 S VWV4V.:,.^,.Sial NT-CR::IX. VJi. US FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE0058 Property Owner: Ann Burton Parcel ID 33.31.16.616 Complete Application Received: February 6, 2006 Hearing Notice Publication: Weeks of April 10 and 17, 2006 Hearing Date: April 27, 2006 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and reviewed the site the Board makes the following findings of fact and conclusions of law: 1. The applicant is Ann Burton, E1340 1205th Avenue, Downing, WI 54734. 2. The site is located in the SE 1/4 of the SW '/4, all in Section 33, T3 IN, RI 6W, Town of Cylon, St. Croix County, WI 3. There has been no public opposition to these requests. 4. In granting this variance, the spirit of the Ordinance shall be observed and substantial justice done by allowing the applicant to have a permitted use on her property. Item #1 Variance request to encroach within the Subcollector Hilzhway setback: Having heard all the testimony, considered the entire record herein, and reviewed the site the Board finds the following facts: 5. The applicant filed an•application with the Board of Adjustment for a variance to encroach upon the Access Road setback pursuant to 17.60 6.a. of the St. Croix County Zoning Ordinance. 6. Single family residences are permitted uses in the Ag Residential District. 7. The structure will meet all other dimensional standards of the Ordinance. 8. The encroachment of the principle dwelling will not be contrary to the public interest. The primary public purposes of the road setback requirements are to preserve the public safety of the people traveling on the road. 182nd Street is a lightly traveled Access Road that services a small number of lots and has a low speed limit. 9. Literal enforcement of the provisions of the Ordinance would create an unnecessary hardship for the property owners due to the configuration of the lots and the necessity of the placement of the sanitary system that result in their having no compliant building location. These site limitations are not self-created by any actions of the landowner. Item #2. Variance request to the driveway spacing requirements. Having heard all the testimony, considered the entire record herein, and reviewed the site the Board finds the following facts: 10. The applicant filed an application with the Board of Adjustment for a variance to the driveway spacing requirements pursuant to 17.60 7.d.4) of the St. Croix County Zoning Ordinance. 11. Residential land use lots are permitted to have one driveway access with a maximum width of 24'. 12. Literal enforcement of the provisions of the Ordinance would create an unnecessary hardship for the property owners due to the size of the lot resulting in their having no compliant driveway location. These site limitations are not self-created by any actions of the landowner. 13. The encroachment of the driveway to the intersection of an Access Road and Subcollector will not be contrary to the public interest. The primary public purposes of the driveway separation requirements are to preserve the public safety of the people traveling on the road. 182"d Street is a lightly traveled Access Road that services a small number of lots and County Highway O is a Subcollector with a low speed limit. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's variance requests, with the following conditions: 1. These variances allow the property owner to place the proposed structure on the lot and construct a driveway in accordance with the site plan submitted on March 24, 2006. Approval of these variances does not include any additional encroachment upon the 182nd Street setback or the intersection of 182nd Street and County Highway O. 2. Prior to commencing construction of the driveway or the permanent placement of the structure, the applicant shall secure a building permit from the Town of Cylon and obtain any other required local, State, or Federal permits and approvals. 3. Prior to commencing construction, the applicant shall install erosion control measures according to the Wisconsin Construction Site Best Management Practice Handbook. The applicant shall establish permanent groundcover on all disturbed areas immediately upon completion of construction. 4. Prior to commencing construction of the driveway or the permanent placement of the structure, the applicant shall schedule an on-site pre-construction meeting with the Zoning Administrator to: • Provide a construction timeline and contact information for the contractors and/or landscapers in charge of the site improvements; • To ensure that all pre-construction conditions have been met; and • To ensure that the property owners and any contractors involved are aware of their roles and responsibilities. 2 5. Within 30 days of completing construction, the applicant shall submit to the Planning and Zoning Department an as-built drawing of the structure and driveway and photographs of the completed construction. 6. Any minor change or addition to the project, including but not limited to design of the project, shall require review and approval by the Zoning Administrator prior to making the change or addition. Anv major change or addition to the originally approved plan will have to go through the variance approval process. 7. The applicant shall have one (1) year from the issuance of this variance to commence construction. Failure to do so shall result in expiration of the variance. If the variance expires before construction commences, the applicant will be required to secure a new variance before starting or completing the proj ect. 8. These conditions may be amended or additional conditions may be added if unanticipated conditions arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a hearing. 9. Accepting this decision means that the applicant has read, understand, and agree to all conditions of this decision. The following vote was taken to approve: Nelson, yes; Malick, no; Jensen, yes; Luckey, no; Chairperson Speer, yes. Motion carried on a 3-2 vote. 3 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. The Planning and Zoning Department can be contacted for information on how to obtain a transcript. It is the responsibility of the Board of Adjustment to submit its record (file) of this matter to the circuit court. ZONING BOARD OF ADJUSTMENT Signed: Ju64 Speer, Chai erso Date Filed: 05/01/06 Attest. M AA JA t,# J fer E erich, Zoning Specialist i i 4 r 5 v C.A b c~ RECEIVED NOV 0 5 2007 ST. CROIX COUNTY