HomeMy WebLinkAbout030-2024-60-000 (3)
CROIX CoUtNly
PLANNING ZONING
September 28, 2012 File Ref: SE87447
Rowan and Bonnie Kurimay
P.O. Box 385
Hudson, WI 54016
CodeAdministracion Re: Special exception in the Ag-Res and Lower St. Croix Riverway Districts
715-386-4680 Parcel #030-2024-60-000, Town of St. Joseph
Land Information &
Planning
715-386-4674 Dear Mr. and Mrs. Kurimay:
Real Properr.y The St. Croix County Board of Adjustment (Board) has reviewed your request for the
715-38(1-4677 following item:
Rc, yciing
715-386-4675 Special exception permit to construct a mechanical lift in the Lower St. Croix
Riverway Overlay District pursuant to Section 17.36.F.3.a.3) and subject to the
performance standards in Section 17.36.H.13 of the St. Croix County Zoning
Ordinance
After the hearing on September 27, 2012, the Board approved the request with conditions. The
enclosed document is the formal decision regarding the application.
You must obtain any other required local, state, and federal permits and approvals. Feel free to
contact me with any questions or concerns.
Sin ely,
Pamela Quinn
Zoning Specialist/Zoning Administrator
Enclosures: Formal Decision
cc: Clerk, Town of St. Joseph
Mike Wenholz, Wisconsin DNR
Steve Olson, SCC LWCD
5r CRO/X COUNTY GOVERNMENT CENTER
1 101 CARM/CHAEL ROAD, HUDSON, W1 54016 715386,4686 FAx
PZPC0.SAINT-CROIX.WI.LIS WWW.CO.SAINTCROIX.WI.US
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FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File: SE87447
Applicant: Rowan and Bonnie Kurimay, property owners
Agents: Access Lift LLC & Ogden Engineering
Parcel ID 12.29.20.436131
Complete Application Received: April 2, 2012
Hearing Notice Publication: Weeks of May 7 and May 14, 2012
Hearing Dates: May 23 and June 28, 2012 (tabled) and September 27, 2012
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony and considered the entire record herein, the Board makes the following Findings of
Fact and Conclusions of Law pertinent to your request:
1. The applicants are Rowan and Bonnie Kurimay, property owners.
2. The site is located at 221 River Heights Trail in part of Government Lot 1, Section 35, T3 ON, R20W,
Town of St. Joseph, St. Croix County, WI.
3. The Town of St. Joseph Town Board met on June 14, 2012 and recommended to the Board of
Adjustment to approve the Kurimay lift project as submitted with minimal effect on the existing foliage.
4. The St. Croix County Land and Water Conservation Department has no objections to the request as long
as minimal vegetation is removed and minimal land disturbance is performed to construct the lift.
5. The Wisconsin Department of Natural Resources representative, Mike Wenholz, commented that
conditions need to assure that minimal trees and shrubs are removed and appropriate erosion control is
conducted during construction.
6. The applicants submitted an application to the St. Croix County Board of Adjustment for a special
exception permit to construct a mechanical lift in the Lower St. Croix Riverway Overlay District
pursuant to Section 17.36 F.3.a.3) and subject to the performance standards in Section 17.36 H.13 of the
St. Croix County Zoning Ordinance. The proposed new mechanical lift will provide the only access to
the river from the applicant's parcel because the applicant will cease shared use of an existing lift.
According to the applicant's attorney, an agreement has been reached that gives adjacent landowners,
Daniel Butler and Janet Jones, exclusive ownership and use of the existing lift without changing its
location with the lower portion of the tram track across Kurimay's parcel. The applicants request the
Board consider the proposed new lift as the only one allowed per Section 17.36.14.13.a.9).
7. According to the applicants, the proposed lift will meet all design standards stipulated in Section
17.36.H.13.a.1)-10) of the St. Croix County Zoning Ordinance. A lift is necessary to provide pedestrian
access to the St. Croix River due to slopes exceeding 25 percent, and the proposed lift will be the only
one servicing the applicants' lot that abuts the St. Croix River. There is currently no other stairway or
foot trail on the applicant's property that allows access down the bluff slopes to the river. The proposed
lift design will not allow for the transport of boats or other equipment, and the passenger car will not
exceed the allowable dimensional standards. Minimal tree removal will be required, but will not exceed
the allowed one foot from either side of the passenger car to install the track. The lift will be earth tone
in color and a professional engineer will provide certification that the proposed lift will be structurally
satisfactory and in compliance with International Building Code requirements.
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8. Approximately half of the lot riverward of the existing residence features steep slopes in excess of 25
percent with high erosion potential. With conditions to maintain erosion control measures until
permanent self-sustaining native vegetation has established and seed/replant any disturbed areas with
native vegetation upon completion of lift construction, erosion potential will be reduced.
9. The existing vegetation on the site along the top of the slope preservation zone and within 40 feet of the
bluffline meets the current vegetation standards in the Lower St. Croix Riverway Overlay District. With
conditions that tree removal only extends the allowable one (1) foot on either side of the track and follows
the alignment shown on the engineer's plan, the request will meet the spirit and intent of the ordinance by
maintaining vegetative stabilization on steep slopes, which reduces the potential for erosion, and
components of the lift will be visually inconspicuous so as not to detract from the scenic or recreational
qualities of the Riverway District.
10. The upper landing of the new lift as proposed will not be near any existing structures at the top of the slope
and the lower landing for the proposed lift at the base of the slope will be located above the designated
OHWM for the St. Croix River. The proposed lift is exempt from structural setbacks per Section
17.36.G.5.c. No other structures are proposed in conjunction with this project. This request would not
negatively impact public health, safety, and welfare and would minimize potential flood damage.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the
request, with the following conditions:
1. This special exception allows the applicants to construct a mechanical lift in the Lower St. Croix
Riverway District in accordance with the plans submitted, except for the proposed removal of a portion
of an existing lift that crosses their south property line, and as provided in the conditions below.
Approval of this special exception permit does not include any additional grading and filling, vegetation
removal, structures of any kind, or impervious coverage.
2. Prior to commencing construction of the lift, the applicants shall secure a building permit from the
Town of St. Joseph and obtain any other required local, state, or federal permits and/or approvals.
3. Prior to commencing construction of the new lift, the applicants shall record an affidavit against the
deed on the property that specifies long term maintenance and operation for the lift landings, tram cart,
and track equipment and that it will be the exclusive lift to be used for access to the St. Croix River from
the applicants' property.
4. Prior to commencing any construction activities, approved erosion control measures shall be installed and
maintained until the entire site has been stabilized with permanent native vegetation consistent with the
approved vegetation management plan. During construction, the smallest amount of bare ground shall be
exposed for as short a time as possible and vegetation removal may not extend beyond the allowed 1 foot
on either side of the track. Temporary ground cover such as mulch shall be used until permanent native
vegetative cover is successfully established. Phosphorous fertilizers shall not be used to establish and
maintain vegetation on the disturbed area of the site, unless a soil test confirms that phosphorous is
needed.
5. Prior to commencing any lift construction activities, the applicants shall submit to the Zoning
Administrator a Compliance Deposit of $1,100 to be held by the Zoning Administrator until all
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conditions of this approval have been met, at which time the deposit will be refunded in full along with
certification of compliance.
6. Within 30 days of completing construction, the applicants shall submit to the Zoning Administrator
certification from a registered engineer, surveyor, or the project agent(s) that the lift has been constructed
in accordance with the approved plans, and photographs of the property as viewed from the top of the bluff
and from the mid-channel of the St. Croix River to document visual impacts. A copy of the order
approving the settlement, signed by the judge, shall also be submitted to the Zoning Administrator.
7. Any minor change or addition to the project as proposed, 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 Board of
Adjustment approval process.
8. The applicants shall have one (1) year from the issuance of the approval to commence installation of the
lift and two (2) years to complete it. Failure to do so may result in expiration or revocation of this
decision, after which time the applicants will be required to secure a new special exception permit
before starting or completing the project.
9. 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 proper notice to the applicants and an
opportunity for a hearing.
10. Accepting this decision means that the applicant and their agent, Access Lift LLC, have read,
understands, and agrees to all conditions of this decision.
The following vote was taken to approve: Chairman Malick, yes; Hurtgen, yes; Nelson, yes; and
Peterson, yes. Motion carries.
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(l 0), 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.
Z 1~~NG BOA OF ADJU MENT
Signed:
Clarence W. "Buck" Malick, Chairman
Date Filed: September 28, 2012
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