HomeMy WebLinkAbout040-1160-10-000
CROIX COUNTY
PLANNING & ZONING
July 27, 2012 File Ref SE87512
Ron and Susan Beran
1524 Goodrich Ave.
St. Paul, MN 55105
Re: St. Croix County Special Exception Requests
Parcel #040-1160-10-000 & 040-1160-70-000, Town of Troy
Code A&ninistrazion
715-386-4680 Dear Mr. and Mrs. Beran:
Land Information & The St. Croix County Board of Adjustment (Board) has reviewed your requests for the following items:
Planning
715-386-4674 Item #1: Special exception permit for structural erosion control (retaining walls and walkways) in
the Lower St. Croix Riverway Overlay District pursuant to Section 17.36.F.3.a.7) and subject to the
Real Proper performance standards in Section 17.36 H.4.b of the St. Croix County Zoning Ordinance.
715-33(,4677
Re4yc ng Item #2: Addendum after the fact special exception permit for a stairway in the Lower St. Croix
715-38 ,_TaU6-4675 Riverway Overlay District pursuant to Section 17.37.F.3.a.3) and subject to the performance
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standards in Section 17.36.H.12.a of the St. Croix County Zoning Ordinances.
After the hearing on July 26, 2012, the Board voted to approve the special exception and addendum
special exception requests with conditions. The enclosed document is the formal decision regarding
your application.
Please feel free to contact me with any additional questions or concerns.
Sincerely,
Pamela Quinn
Zoning Specialist/ Zoning Administrator
Enclosure: Formal Decision
cc: Clerk, Town of Troy
Steve Olson, St. Croix County Land and Water Conservation Department
Mike Wenholz, WI Dept. of Natural Resources
ST. CRO/X COUNTY GOVERNMENT CENTER
1 101 CARM/CHAEL ROAD, HUDSON, W/ 54016 715386-4686 FAx
PZ@CO.SAINT-CRO/X.W/.US WWW.CO.SAINTGROIX.WLUS
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FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File Number: SE87512
Applicants: Susan and Ron Beran, property owners
Agent: Ogden Engineering Co.
Site Address: 177A Glenmont Rd.
Parcel Numbers: 26.28.20.638F & 26.28.20.638L
Complete Application Received: June 4, 2012
Hearing Notice Publication: Weeks of July 9 and 16, 2012
Hearing Date: July 26, 2012
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and visited the site, the Board of Adjustment makes
the following Findings of Fact and Conclusions of Law pertinent to the applicant's special exception and addendum
special exception requests (Items #1 and #2):
1. The applicants are Susan and Ron Beran, property owners, and their agent is Ogden Engineering Co.
2. The site is located at 177A Glenmont Rd., Part of Gov't Lot 2, Section 26, T28N, R20W, Town of Troy, St.
Croix County, WI.
3. The Town of Troy has been sent a copy of the county special exception and addendum special exception
applications for review and comments regarding the project proposals.
4. The St. Croix County Land and Water Conservation Department staff, Steve Olson, has reviewed the special
exception application and submitted the following comments: The applicant appears to be adding impervious
coverage to the site. The LWCD recommends that applicants design stormwater mitigation per 17.36.H.7 of
the Riverway ordinance to alleviate some of the concentration of water flowing over the slope and causing
erosion and an active gully.
5. The Wisconsin Department of Natural Resources staff, Mike Wenholz, has reviewed the application requests
and commented that the department's only comments are that materials used must be earth tone in color, the
structures added are visually inconspicuous, and all accessory structures remain outside the 40-foot bluffline
setback..
Item #1 (Special exception permit for construction of a structural erosion control in the Lower St. Croix
Riverway District)
Staff offers the following general findings of fact and conclusions of law pertinent to Item #I for the Board's
consideration:
6. The applicants propose to replace existing retaining walls and to install flagstone and boulders in an area of
the yard below the driveway. Retaining walls are generally considered to be structural erosion control
measures, which are allowed in the slope preservation zone with a special exception permit. Standards in
Section 17.36.H.4.b will be met in that structural erosion control measures will be constructed of natural
materials and will be made visually inconspicuous according to the wall detail and design example submitted
in Exhibit 7.
7. With conditions for submittal of a vegetation management plan, a stormwater management plan, and an
affidavit recorded that references the operation and maintenance of these plans with a copy of the affidavit to
be submitted to the Zoning Administrator, the request will meet requirements in Section 17.36.H.4.c.
8. The applicants' requests would not be contrary to the public interest, which is to prevent soil erosion,
maintain property values, and preserve and maintain the exceptional scenic, cultural, and natural
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characteristics of the water and related land of the Lower St. Croix Riverway. With conditions to provide
mitigation that meets requirements in Section 17.36.I.5.b. and 5.c by infiltrating runoff from impervious
surfaces, by repairing existing gully erosion, and by protecting existing trees within the OHWM setback and
slope preservation zone to maintain slope stability, the exceptional scenic, cultural, and natural characteristics
of the Riverway would be preserved and maintained.
9. The retaining walls and other structural erosion controls will be constructed of natural stone and will be
visually inconspicuous, will not violate the spirit or general intent of the chapter, and will not be contrary to
the public health, safety, and welfare. This request will not be'a nuisance by reason of noise, dust, smoke or
odor and may have a positive affect on property values in the neighborhood.
Item #2 Stairway in the Lower St. Croix Riverway District) Staff offers the following general findings of fact
and conclusions of law pertinent to Item #2 for the Board's consideration:
10. The stairway will meet the design standards stipulated in Section 17.36.H.12 of the St. Croix County Zoning
Ordinance with a condition for submittal of certification by engineer or architect per 17.36.H.12.a.13). The
stone stairs and walkway are located on a slope below the house and provides non-erosive pedestrian access
to the lift landing. The stair treads are less than 48 inches wide and have no canopies or handrails. No trees
were removed for the stairway, which is visually inconspicuous from the river.
11. According to the application plans, the stairway meets all the provisions of Section 17.70 (7)(a). The
stairway would not violate the spirit or general intent of the chapter and would not be contrary to the public
health, safety, and welfare. This request would not be a nuisance by reason of noise, dust, smoke or odor and
would not affect property values in the neighborhood.
12. According to the application plans, the stairway would be consistent with Section 17.36 J.2.b.2)a) j). The
stairway provides a safe and non-erosive access to the lift landing. The erosion potential of the site and water
pollution would be controlled with proposed infiltration of runoff. With conditions for any lighting to be
directed downward and infiltrating runoff from impervious surfaces, this request would be compatible with
uses on adjacent land and will not have a negative impact on the scenic and recreational qualities of the
Riverway District in regard to the view from and use of the river.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the
applicant's special exception and addendum requests, with the following conditions:
1. The special exceptions will allow the applicants to replace timber retaining walls as structural erosion control
for slope preservation zones, repair gully erosion, and to construct a stairway in accordance with the plans
submitted on June 4, 2012 and as provided in the conditions below. This approval does not include any
additional structures, impervious coverage, filling and grading, or other activities.
2. The Town of Troy and any other aggrieved party may request a reconsideration of this decision 15 days prior
to the next regularly scheduled Board of Adjustment meeting in accordance with the St. Croix County Board
of Adjustment Rules and By-Laws.
3. The applicants shall secure all necessary permits and approvals from the Town of Troy and obtain any other
required local, state, or federal permits and approvals, including permits for replacement of the Private On-
site Wastewater Treatment System (POWTS).
4. Prior to commencing work on the stairs and retaining walls, a vegetation management plan must be submitted
to, and approved by, the Zoning Administrator. Vegetation replacement must be consistent with mitigation
requirements in Section 17.36.I.5.c. The applicants will protect existing trees within the slope preservation
zone and OHWM setback to maintain slope stability and visual screening of the house from the river.
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5. As indicated in the plans submitted by the applicant, the proposed stairway will be visually inconspicuous,
will comply with requirements for earth-tone building materials, and will not require removal of existing
mature trees that screen the house from the river. Upon completion, the applicants shall submit certification
by a professional engineer or architect that the stairway components are securely anchored to prevent them
from shifting and from causing accelerated erosion.
6. The applicants shall submit a stormwater management plan that will capture 1.5 inches of rainfall from all
impervious surfaces for review and approval by the Zoning Administrator. The design shall alleviate erosion
that is occurring due to concentrated stormwater runoff. Installation of infiltration devices in the form of rain
garden planting beds or other approved devices must be in locations that will intercept runoff before it
reaches the bluffline. Repair and stabilization of existing gully erosion will be included in the overall project.
7. Within 30 days of the Board's decision, the applicant shall record an affidavit against the property referencing
the decision, the vegetation management and stormwater management plans, including a long-term operation
and maintenance agreement for approved runoff infiltration devices. The applicant shall submit a recorded
copy of the affidavit to the Zoning Administrator at this time. The intent is to make future owners aware of
the limitations and responsibilities incurred as part of the Board of Adjustment's decision.
8. 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. Any major change
or addition to the originally approved plan will have to go through the special exception approval process.
9. The applicant shall have one (1) year from the issuance of these approvals to commence construction of the
proposed structural erosion control and stairway and two (2) years to complete the project. Failure to do so
may result in expiration or revocation of this decision, after which time the applicant will be required to
secure a new special exception before starting or completing the project.
10. These conditions may be amended or additional conditions may be added if unanticipated circumstances 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.
11. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this
decision.
The following vote was taken to approve the special exception and addendum special exception as amended:
Chairman Malick, yes; Hurtgen, yes; Nelson, yes; Peterson, yes; McAllister, absent. 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(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 ADJU , MENT
Signed:
Clarence W. "Buck" Malick, Chairman
Date Filed: 07/27/2012
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RECEIVED,
,11A 25 ?n1?
#1: Proposed Firepit Area: ~PLANNING & ZONING OFFICE:
The Beran's are proposing to reinstall the Firepit area much as it existed prior to the
demolition. The surface will be reinstalled, using the existing flagstone that was
previously installed. The fieldstone edges will be much the same with the exception of
the extensions shown in the attached concept plan. These extensions are required to
allow for the installation of the proposed rain garden, which is described below. The
firepit area itself will be no larger than it existed previously.
The area surrounding the firepit area will be protected from further erosion by seeding
with a special No-mow fescue mix that minimizes maintenance and does well in shady
areas. A Futera netless erosion blanket will be applied to all areas requiring protection
from erosion. The anticipated area is shaded green on the plan.
#2: Proposed Rain Garden:
The Beran's are proposing to install a rain garden below the driveway to intercept the
runoff from flowing across the yard, effectively reducing the erosion over the edge of he
bluffline. All plantings will be 2" containers and the planted area will be covered with
wood mulch to protect the new plantings. Plant material will be shade-tolerant and native
to the area.
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