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HomeMy WebLinkAbout022-1030-95-150 (2) CROIX cou~* s jtAl PLANNING & ZONING March 22, 2012 File Ref: SE87419 Bruce and Mary Monroe 875 Coffman Path Inver Grove Heights MN 55076 Re: St. Croix County Special Exception Request Code Administration Parcel #022-1030-95-150, Town of Kinnickinnic 715-386-4680 Dear Mr. Monroe: Land Information & Planning The St. Croix County Board of Adjustment (Board) has reviewed your request for the following item: 715-386-4674 Special exception for filling and grading an area exceeding 10,000 square feet in the Ag- Real Properr}, Residential and Shoreland District of the Kinnickinnic River in the Town of Kinnickinnic, 715-3%-4677 pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. Recycling After the hearing on March 22, 2012 the Board approved the special request with conditions. The 715-386-4675 enclosed document is the formal decision regarding your special exception 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. Sincerely, Alex Blackburn Zoning Specialist/ Zoning Administrator Enclosure: Formal Decision cc: Clerk, Town of Kinnickinnic Matt Hieb, Auth Consulting and Associates, 2920 Enloe Street 4101, Hudson WI 54016 ST. CRO/X COUNTY GOVERNMENT CENTER 110 1 CARM/CHAEL ROAD, HUDSON, W/ 54016 7153864686 FAx FZCaCO. SAINTC'R01X. W1. US W W W.CO. SAI NT-C ROIX. W I. US FINDINGS, CONCLUSIONS, AND DECISS OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File Number: SE87419 Applicants: Bruce and Mary Monroe Agent: Matt Hieb Parcel Number: 11.28.18.168A-15 Complete Application Received: Feb 6, 2012 Hearing Notice Publication: March 5 and March 12, 2012 Hearing Dates: March 22, 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 special exception request: 1. The applicants are Bruce and Mary Monroe, property owners. 2. The site is located on 14.11 acres in the SE 1/4 of NW 1/4 of Section 11, T28N, RI 8W, Town of Kinnickinnic. 3. The applicant filed an application with the Board of Adjustment for a special exception permit for filling and grading an area exceeding 10,000 square feet in the Shoreland Overlay District of the Kinnickinnic River pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. The proposed filling and grading activities for the entire project encompass an area of approximately 20,000 square feet on approximately 5 % slopes. 4. The construction of the existing garage did not require any county shoreland permits because there was less than 2000 square feet of disturbance on less than 12% slopes, as per Section 17.29 (2) (a) 5. The Town of Kinnickinnic was mailed a copy of the application on February 7 h and is scheduled for its Planning Commission meeting on March 21s` 6. Steve Olson from the Land and Water Conservation Department has reviewed the special exception permit application and finds the stormwater and erosion control plans adequate for the site. Steve recommends that: o The applicant records a maintenance agreement on the stormwater components o The applicant should maintain all erosion control practices until the disturbed areas have self - sustaining vegetation re-established. o The applicants only use Phosphorus fertilizers if a soil test reveals that it is needed. 7. The Wisconsin Department of Natural Resources Shoreland Specialist, Mike Wenholz, has reviewed the application and his only comment is for the applicant to obtain all other required permits. Stacy Steinke from the DNR has issued a general permit for grading less than 1 acre. 8. This request is permitted by special exception and does not violate the spirit or general intent of the ordinance. 9. With conditions to install and maintain the erosion and stormwater components including the infiltration system and silt fence, this request will not be contrary to the public health, safety or general welfare or be detrimental to the property values in the area. This request will also be consistent with the goals to prevent water pollution and maintain safe and healthful standards. 10. With conditions to have the smallest amount of bare ground exposed for as short a time as possible and only having the smallest amount of land disturbed, along with establishing and maintaining vegetation the 0 approximate 5% slope will not be prone to excessive erosion. This requowill also be consistent with the goals to prevent water pollution and maintain safe and healthful standards. 11. This filling and grading project is not in the floodplain. 12. A new private onsite waste treatment system (POWTS) will be installed to handle the domestic wastewater. 13. This is a domestic use and not inherently a source of pollution. 14. The site is located in the Ag Residential and Shoreland Overlay Districts of the Kinnickinnic River and within a primary environmental corridor as identified by the St. Croix County Development Management Plan 2000-2020. With conditions for establishing and maintaining permanent vegetation and with limited use of phosphorous fertilizers on the site this request will be consistent with the goals and objectives of the St. Croix County Development Management Plan 2000-2020 aimed at identifying and protecting environmental corridors, and guiding development to locations and conditions that minimize adverse impacts to natural resources. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board has approved the special exception with the following conditions: 1. This special exception permit allows the applicant to disturb an area of approximately 1/2 acre on slopes ranging of 5% in the Shoreland District of the Kinnickinnic River for construction of a driveway, septic system and a dwelling in accordance with the plans submitted, and as provided in the conditions below. Approval for this special exception permit does not include any additional grading and filling, tree removal, structures, uses, or other development activities. 2. The applicant shall record a maintenance agreement for the stormwater features. Erosion control measures shall be installed and maintained and Phosphorus fertilizers shall not be used unless a soil test reveals the need for it. 3. Prior to commencing filling and grading the applicant shall secure and comply with any other required local, state, or federal permits and approvals, including but not limited to a sanitary permit and building permit to allow house construction. 4. Stormwater and erosion control components including the infiltration system and silt fence shall be installed and maintained as per the plans approved by the Land and Water Conservation Department staff. 5. During construction, the smallest amount of bare ground shall be exposed for as short a time as possible. The applicant shall maintain silt fence or other approved sediment control measures required until self-sustaining, permanent, non-invasive species of vegetation has been successfully established on all disturbed areas of the site. 6. The Town or any other aggrieved party may make a request for reconsideration as long as notice is given to the Zoning Office no later than April 13, 2012. This request must be based on the submittal of new information. 7. Within 30 days of substantially completing construction, the applicant shall submit documentation to the Zoning Administrator in the form of photos that the project has 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 special exception approval process. 0 9. The applicant shall have six (6) months from the date of this approval to c-bmmence the filling and grading project and one (1) year from the date of this approval to complete it. Two (2) extensions of six (6) months may be granted by staff for a total of two years to complete the project. Failure to do so shall result in expiration of the special exception permit. If the special exception permit expires before the project commences, the applicant will be required to secure a new special exception permit before starting. 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 applicants 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: Chairman Malick, yes; Peterson, yes, Nelson, yes, Motion carries. Board members McAllister and Hurtgen 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 5 ~C ~~dC4, (f,") Si ed: ~ t~ Date Filed: 3/22/2012 Clarence W. "Buck" Malick, Chairperson C-c, i S ~~c~~ "'t e `c (c o f 6 !