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SO[. CROIXCOUNI-Y
PLANNING ZONING
(-~7Z7h 2, 2012 File Ref: SE874410 RCA/»,A1 Tom and Melanie Waldon
495 Old Cemetery Rd.
Roberts, WI 54023
CodeAdministrarron Re: St. Croix County Shoreland Variance Request
715-386-4680 Parcel #11.28.18.165A, Town of Vinnickinnic
Land Information & )Dear Tom and Melanie:
Planning
715-386-4674 The St. Croix County Board of Adjustment (Board) has reviewed your request for the following item:
Real Propery Variance for expansion of an existing nonconforming principal structure within the OHWM
715-38.4677 setback of the Kinnickinnic River in the Ag Residential and Shoreland districts pursuant to
Section 17.31(2) of the St. Croix County Zoning Ordinance
Recycling
715-3864675 After the hearing on March 1, 2012 the Board approved the variance request with conditions. The
enclosed document is the formal decision regarding your variance request.
You must obtain any other required local, state, and federal permits and approvals. Should you have any
questions or concerns, please contact me at 715-386-4680.
-a
g S.
Pamela Quinn
Zoning Specialist/ Zoning Administrator
Enclosure: Formal Decision
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cc: Clerk, Town of Kinnickinnic
Steve Olson, Land and Water Conservation Department
Mike Wenholz, Wl Department of Natural Resources
ST. CROIX COUNTY GOVERNMENT CENTER
1101 CARMiCHAEL ROAD, HUDSON W/ 54016 715-386,4686 Fax
FZ9CO. SA/NTG'ROLK. W1. US W W W.CO.SAINTCROIX. W I.U5
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File Number: SE87410
Applicants: Tom and Melanie Waldon, property owners
Parcel Number: 11.28.18.165A
Complete Application Received: January 3, 2012
Hearing Notice Publication: Weeks of February 13 and 19, 2012
Hearing Date: March 1, 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 the variance request:
1. The applicants are Tom and Melanie Waldon, property owners.
2. The site is located on Lot 3 of CSM Vol. 10/Page 2861 in Section 11, T28N, RI 8W, Town of Kinnickinnic,
St. Croix County, Wisconsin.
3. The applicants filed an application with the Board of Adjustment for a variance to expand the footprint and
alter the roofline of an existing nonconforming principal structure within the OHWM setback area of the
Shoreland overlay District along the Kinnickinnic River pursuant to Section 17.31(2) of the St. Croix County
Zoning Ordinance.
4. Year-round or seasonal one-family dwellings are a permitted use in the Ag Residential and Shoreland
Districts, subject to all applicable setbacks. This house has been used as a single-family residence since its
construction in 1962, which is a conforming use. Section 17.70(4)(a) "Nonconforming uses" is not applicable
in this case.
5. The Town of Kinnickinnic Town Board will review the variance request at their March 6, 2012 meeting, thus
no recommendations can be made to the Board at this time.
6. The St. Croix County Land and Water Conservation Department does not support the expansion of a non-
conforming structure in a highly sensitive environmental corridor. With that said, the LWCD does not
support the variance request as proposed. In the event the Board approves the request, the LWCD
recommends the applicant mitigate all stormwater from all impervious sources on the property by infiltrating
the first 1.5 inches of rainfall.
7. The Wisconsin Department of Natural Resources submitted the following comments: First and foremost, the
department does not believe the applicants have demonstrated unnecessary hardship or that unique property
limitations exist, as required for granting a variance. For this reason alone the variance request should be
denied. The applicants state they feel the house is "dangerous" and "less than functional". These are the
applicant's opinion as previous owners lived in the house for decades. Additionally, the applicants purchased
the house knowing this. Finally, even the stated hardship does not at all apply to the second story addition.
All proposed additions are at least partially within the 75-foot OHWM setback. As noted this would violate
Subchapter III sec. 17.31(2) of the Ordinance. For all the reasons stated above, the department recommends
the variance request be denied.
8. The proposed kitchen remodeling would result in a 290 square foot expansion parallel to the river's OHWM,
but would not encroach further into the setback and would meet all other setbacks and dimensional standards
required in the county zoning Ordinance. The second story addition would be on the landward side of the
house and is incidental to the proposed kitchen remodeling. The house will have the same number of
bedrooms after remodeling, therefore it is not likely that the changes will increase the intensity of the use by
encouraging an increase in occupants.
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9. Minimal filling and grading will be required for the proposed expansion of the kitchen wall, which will be
constructed over existing rock-landscaped areas and will not disturb vegetated areas. Rain gardens have been
proposed that will contain native plants and enhance the visual screening for the walkout portion of the house,
as well as mitigate runoff from the additional 290 square feet of impervious surface.
10. The proposed 2"a story addition would increase the height of the roofline of the existing legal nonconforming
principal structure, but the height of the roof would not exceed the 35-foot maximum height requirement and
the scope of the proposed remodeling and roof alteration would constitute minimal relief from the standards
in the Ordinance.
11. When determining whether an unnecessary hardship exists, the Board of Adjustment must identify unique
physical characteristics of the property that would otherwise prohibit the applicant from using the property for
a permitted purpose or would render conformity with such restrictions unnecessarily burdensome and then
weigh the burden placed on the applicant in meeting the requirements of the Ordinance against the public
interests being protected. The existing home was built near the Kinnickinnic River in 1962, prior to the 1967
enactment of Shoreland protection zoning ordinances, so its dimensional nonconformity was not self-created
by current property owners.
12. The Ordinance does not address the horizontal or vertical expansion of legal nonconforming structures
located within the OHWM setback area, nor does it address the alteration of nonconforming structures;
therefore, all proposed construction would have to meet the setback requirements. This is a literal
enforcement of the Ordinance that would result in an unnecessary hardship since the proposed alterations will
not encroach further into the OHWM setback than the existing building on this lot and would prevent the
applicants from remodeling of the kitchen and or constructing the addition of a 2nd story bedroom.
13. The Kinnickinnic River is a high quality waterway of significant value for trout fishing and recreational
watercraft use. The proposed expansion of the principal structure will not negatively affect the existing view
as seen from the river or affect the accessibility to the river for recreational watercraft.
14. The primary public interests protected by the Shoreland District are the beauty, quality, and ecology of
navigable waters of the state. With conditions for implementing erosion control measures and infiltrating
storm water runoff from all impervious coverage on the site, the property would meet the purpose and intent
of the Shoreland District and negative impacts to the Kinnickinnic River would be mitigated. Locating the
proposed addition parallel to, rather than closer to, the OHWM setback would reduce the amount of
mitigation required and potentially have fewer negative environmental impacts on the river.
15. The site is located in the Ag Residential and Shoreland Overlay Districts of the Kinnickinnic River within a.
primary environmental corridor as identified by the St. Croix County Development Management Plan 2000-
2020. With conditions for maintaining permanent vegetation with limited use of phosphorous fertilizers on
the site and maintaining or enhancing the current level of native groundcover on the site - particularly on any
steep slopes - this request will be consistent with the goals and objectives of the St. Croix County
Development Management Plan 2000-2020 aimed at protecting slopes, identifying and protecting .
environmental corridors, and guiding development to locations and conditions that minimize adverse impacts
to natural resources.
16. Substantial justice would be done by allowing the applicant to remodel this house, which has been established
as a legal, nonconforming structure on the site since 1962.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board has approved the
variance with the following conditions:
1. The variance would allow the applicant to expand an existing nonconforming principal structure in the
Shoreland District that encroaches within the OHWM setback of the Kinnickinnic River, in accordance with
0
the plans submitted and as provided in the conditions below. This approval oes not include any additional
structures, impervious coverage, filling and grading, or other activities.
2. Any aggrieved or interested party may request a reconsideration of this decision based upon Section 6 of St.
Croix County Board of Adjustment Rules and By-Laws. The request for reconsideration must be in writing
and submitted with new written evidence so that it can be filed with the Secretary at least 15 days prior to the
next regularly scheduled Board of Adjustment meeting date.
3. Prior to commencing construction, the applicants shall secure all necessary permits and approvals from the
Town of Kinnickinnic and obtain any other required local, state, or federal permits and approvals.
4. Prior to commencing construction, the applicant must submit to and have approved by the Zoning
Administrator the following items:
• A storm water management plan, approved by the Land and Water Conservation Department, that is designed
to infiltrate runoff from all impervious surfaces on this site.
• An operation and maintenance agreement for all storm water management measures to maintain long-term
infiltration.
5. Prior to commencing construction, the applicants shall submit to and have approved by the Zoning
Administrator a vegetation management plan that identifies the native species and densities of plantings to be
used for rain gardens, as well as a long-term maintenance agreement to ensure that all vegetation establishes
successfully and is managed properly to protect sensitive wildlife habitat within the primary environmental
corridor and Shoreland District, filter storm water runoff from the site, and stabilize and protect the restored
slopes to prevent any future erosion and sedimentation problems.
6. Prior to commencing construction, the applicant must record an affidavit against the property referencing the 5
storm water management plan as required by Condition #4 and vegetation management plan in Condition
above. 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 variance decision.
7. Within 30 days of completing construction, the applicants shall submit to the Zoning Administrator
photographs of the completed construction as viewed from Old Cemetery Rd. and from the shoreline of the
Kinnickinnic River, as well as certification from the project architect or engineer that the 2nd story addition,
kitchen expansion, storm water management measures, and landscaping have been completed as approved.
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 variance approval process.
9. The applicant shall have one (1) year from the approval of this variance to commence construction and (2)
years from this approval to substantially complete construction. Failure to do so shall result in expiration of
the variance. If the variance decision expires before construction commences and the applicant has not made
a prior request to the Zoning Administrator for an extension of up to six months, the applicant will be
required to secure new variances 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 proper notice to the applicant and an opportunity for a
hearing.
11. Accepting this decision means that the applicants have read, understand, and agree to all conditions of this
decision.
The following vote was taken to approve: Chairman Malick, yes; Peterson, yes; and %e son, yes; Motion carried.
(Board members Hurtgen and McAllister were absent)
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:
Date Filed: 3/2/2012 Clarence W. "Buck" Malick, Chairman
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