HomeMy WebLinkAbout040-1160-10-000(2)
ST. ADIX COUNTY
WISCONSIN
ZONING OFFICE
ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680 - Fax (715) 386-4686
March 29, 2005 File Ref: SF0002
Eric Sullivan
1201 Yale Place #1908
Minneapolis, MN 55403
Re: Board of Adjustment Decision, Parcels 26.28.20.638F and 26.28.20.638L, Town of Troy
Dear Mr. Sullivan:
The St. Croix County Board of Adjustment (Board) has reviewed your special exception request to install a
lift on your property in the Lower St. Croix River Valley District. At the hearing on March 24, 2005, the
Board approved your special exception request with conditions. The enclosed document is the formal
decision regarding your application.
You must obtain a building permit from the Town of Troy prior to beginning installation of the lift and
obtain all other required local, State, and federal permits and approvals. Should you have any questions or
concerns, please contact Jenny Shillcox at 715-386-4682.
Sincerely,
.
David Fodroczi
Planning and Zoning Director
js
Enclosure
cc: Sharon Provos, Clerk, Town of Troy w/enclosure
Pete Kling, St. Croix County Land and Water Conservation Department w/ enclosure
Eunice Post, Wisconsin Department of Natural Resources w/ enclosure
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: SE0002
Applicant: Eric Sullivan, owner
Parcel Numbers: 26.28.20.638F, 26.28.20.638L
Complete Application Received: February 3, 2005
Hearing Notice Publication: Weeks of March 7 and 14, 2005
Hearing Date: March 24, 2005
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and reviewed the site the Board finds
the following facts:
1. The applicant is Eric Sullivan, property owner, 177A Glenmont Road, River Falls, WI 54022.
2. The site is located Section 26, T28N, R20W, Town of Troy, St. Croix County, Wisconsin.
3. The applicant filed an application with the Planning and Zoning Department for a special
exception permit to install a lift in the Lower St. Croix River Valley District pursuant to Section
17.36(6)(a)4 of the St. Croix County Zoning Ordinance.
4. The Board of Adjustment finds that all requirements have been met to grant the special
exception permit pursuant to Sections 17.70(7)(a) and 17.36(5)(1) of the St. Croix County
Zoning Ordinance.
5. The company installing the lift, Access Lifts, Inc., is a reputable company with a good history of
installing lifts in this area.
6. The Town of Troy has recommended approval of this request.
7. The Land and Water Conservation Department has recommended approval of this request.
8. The Wisconsin Department of Natural Resources has recommended approval of this request.
9. There was no public opposition to the request.
10. The request is not contrary to the public interest.
11. The spirit and intent of the Ordinance would be met by granting this request for a special exception
permit, and substantial justice would be done.
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 request to install a lift in the Lower St. Croix River Valley
District, with the following conditions:
2
1. Within 60 days of this approval, the applicant shall obtain and submit to the Planning and Zoning
Department certification from a professional engineer or architect registered in the State of
Wisconsin ensuring that the lift components are securely anchored to prevent them from shifting
and from causing accelerated erosion.
2. This special exception permit allows the applicant to install a mechanical lift as indicated in
plans submitted to the Planning and Zoning Department on February 3, 2005, and March 3, 2005,
and as stipulated in Section 17.36(5)(1) of the Ordinance. Approval for this special exception
permit does not include any structures not shown or indicated in the plans.
3. Prior to commencing construction, the applicant shall submit to and have approved by the Planning
and Zoning Department and Land and Water Conservation Department a detailed vegetation
management plan showing existing and proposed native trees, shrubs, and ground cover to make
the lift visually inconspicuous from the river in five years, and to stabilize and protect the bluff
from further erosion. The plan must indicate size, species, and location of all vegetation. The
plan shall show the establishment of a native vegetative buffer - including'a mix of native trees,
shrubs, and groundcover - extending three feet along the top of the bluff from the lift platform to
the stairs.
4. The applicant shall implement the erosion control plan submitted on March 3, 2005.
5. The lift shall not be constructed of or have affixed to it any reflective materials.
6. The lift shall only be used for the transportation of persons up and down the slope face.
7. The applicant shall have one (1) year from the issuance of the special exception permit to
commence construction. If the special exception permit expires, the applicant will be required to
secure a new Special Exception permit before the mechanical lift can be constructed.
8. Any minor change (or addition) in the project shall require review and approval by the Zoning
Administrator. 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.
9. 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.
10. 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: Nelson, yes; Jensen, yes; Krueger, yes; Luckey, yes;
Chairperson Speer, yes. Motion carried unanimously.
You shall have one (1) year from the issuance of the special exception permit to commence construction
of the lift. You may request an extension from the Board of Adjustment if you cannot rneet this timeline.
3
t
Failure to commence construction or obtain an extension within one year may result in revocation of the
special exception permit, after which time you would need to apply for a new special exception permit.
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 circuit court.
ZONING BOARD OF ADJUSTMENT
Signed
Julie Spe r, Chair r c J
Date Filed: 03/29/05 Attest:
David Fodroczi, Planning an onin irector
4