HomeMy WebLinkAbout040-1145-10-350
CROIX C0U*Y
EFILE Copy
PLANNING & ZONING
December 1, 2011 File Ref: SE87346
Tamrah & Stephen O'Neil
2330 W. Lake of the Isles Pkwy.
Minneapolis, MN 55405
Re: St. Croix County Special exception & Variance Requests
Parcel #040-1145-10-350, 284 Brugler Court, Town of Troy
Code Administration
715-386-4680 Dear Mr. & Mrs. O'Neil:
Land Information d4 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) in the
Lower St. Croix Riverway Overlay District pursuant to Section 17.36.F.3.a.7) and subject to Propcr~v Real
467 77
715-33868G--4G' the performance standards in Section 17.36 H.4.b of the St. Croix County Zoning Ordinance.
Recy,ling Item #2: Addendum variance for reconstruction of a nonconforming accessory structure
715-386-4675 (deck) in the Lower St. Croix Riverway Overlay District pursuant to Section 17.36.I.3.b of
the St. Croix County Zoning Ordinances.
After the hearing on December 1, 2011 the Board voted to approve both the special exception and
addendum variance. 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
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ST. CRO/X COUNTY GOVERNMENT CENTER
110 1 CARMICHAEL ROAD, HUDSON, W1 54016 715r386,4686 FAX
PZ9C0. SAINT-CR01X. W1. US W W W.CO. SAI NT-C ROIX. W I.US
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FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File Number: SE87346
Applicants: Tamrah & Stephen O'Neil, property owners
Parcel Numbers: 12.28.20.575D35
Complete Application Received: September 29, 2011
Hearing Notice Publication: Weeks of November 14 and 21, 2011
Hearing Date: December 1, 2011
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and having 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
variance requests (Items # 1 and #2):
1. The applicants are Tamrah and Stephen O'Neil, property owners.
2. The site is located at 284 Brugler Court in Part of Gov't Lot 2, Section 12, T28N, R20W, nka Lot 3 of CSM
20/5017, Town of Troy, St. Croix County, WI.
3. The Town of Troy has been sent a copy of the county special exception and addendum variance applications
for review of the project proposals. Per an e-mail from the Town Clerk, the town's BOA and Town Board
will hear this (the O'Neil requests) at their January meetings if the final riverway application is submitted by
the 21st of November. The Town Board will not be able to make a recommendation to the County BOA prior
to the December 1St hearing date.
4. The St. Croix County Land and Water Conservation Department staff, Steve Olson, has reviewed the special
exception and variance application and submitted the following comments: The LWCD recommends limiting
the use of phosphorous fertilizers on this site do to the close proximity to the OHWM. The proposed
infiltration basin is adequately sized for the application and the LWCD recommends the infiltration basin
operation and maintenance agreement is recorded on the deed to the property. The current level of screening
should be maintained if not enhanced for the current residence.
5. The Wisconsin Department of Natural Resources staff, Mike Wenholz, has reviewed the application requests
and commented that a retaining wall within the slope preservation zone may be reconstructed according to
Sections 17.36.H.4.b and 17.36.H.3.a since its purpose is for erosion control, thus the department has no
comment regarding this request. The proposed deck reconstruction does not meet the requirements or
conditions of Section 17.3 6.1.3.b. A deck is an accessory structure and thus does not make the principal
structure uninhabitable. Since it is nonconforming, the ordinance makes it clear that it can be maintained and
repaired, but not reconstructed. It is true that ingress and egress is required for existing entrances to the
principal structure. This does not necessitate allowing the full deck to be reconstructed. Ingress and egress
can very adequately and safely be accomplished with a reasonable landing and stairs. Thus the department
does not support the granting of this variance request.
Item #1 (Special exception permit for construction of a structural erosion control in the Lower St. Croix
Riverway District)
6. The applicants propose to replace three existing retaining walls that provide slope stability for a window well
and along the house foundation within a slope preservation zone. 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 3.
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7. With a condition that an affidavit be recorded that references the stormwater management plan and
maintenance of structural erosion control measures and a copy of the affidavit 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
characteristics of the water and related land of the Lower St. Croix Riverway. With conditions to redirect
existing foundation drain and roof runoff discharge and infiltrating runoff from impervious surfaces, to
protect 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 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 (variance for reconstruction of a nonconforming accessory structure (deck) in the Lower St. Croix
Riverway District)
10. The applicants filed an addendum application with the Board of Adjustment for a variance to reconstruct a
nonconforming accessory structure (deck) within the OHWM setback area and a slope preservation zone in
the Lower St. Croix Riverway district pursuant to Section 17.36.I.3.b of the St. Croix County Zoning
Ordinance. The deck is attached to a legal, nonconforming principle structure that was built prior to 1976 and
meets the intent of the ordinance in that:
• The reconstructed deck will be no larger than the original one, which was 970 square feet in area;
• No vegetation will be harmed during reconstruction;
• The public interest would not be harmed by granting the variance;
• The deck will be inconspicuous as viewed from the river;
• and property values will not be negatively affected;
• The Board finds that maintenance requires replacement of all materials necessary for a deck.
11. The house and deck are legal nonconforming structures that were constructed within the OHWM setback
prior to adoption of the County Riverway ordinance. The deck's dimensional nonconformity is a hardship
that was not self-created by the current property owners. The deck meets all the requirements listed in
17.36.1.3 b. l) - 7) that would allow an accessory structure (garage or shed) to be reconstructed. Literal
enforcement of the ordinance prohibiting the reconstruction of a nonconforming accessory structure (except
garages or sheds) would limit the applicant's continued use of a deck as a safe, structurally-sound platform for
ingress and egress from existing doorways on the main floor elevation of the house.
12. In Chapter NR 118.08(3) ordinary maintenance and repair of nonconforming accessory structures is allowed,
but "Nonconforming accessory structures may not be structurally altered, reconstructed or expanded".
Ordinary maintenance and repair of the existing deck structure was not sufficient to prevent further
deterioration or meet decay prevention requirements in Comm 21.10 of Wisconsin Dept. of Commerce
Chapter Comm 21 Construction Standards. The applicant's request would also bring the deck into
compliance with state specifications for safe handrails, footings, frost protection, and structural
support/attachment to the principal structure. However, the applicants cannot comply with Comm 21.225
without reconstruction of the deck, which would be a violation of prohibitions contained in NR 118.08(3) and
Section 17.36.1.3.b of the St. Croix County Riverway ordinance. Conflicting statutory requirements
contained in separate state regulations is a hardship that was not self-created by the applicants.
13. Substantial justice would be done by allowing the applicants continued use of a deck attached to the principal
structure, which is allowed in the Lower St. Croix Riverway District, and which will be reconstructed within
the footprint of the original deck. The reconstruction will not expand the existing nonconforming accessory
structure's foundation/footprint or increase its encroachment into the OHWM setback. The deck will be
rebuilt to current Wisconsin building code standards and will utilize a Trex Rainscape deck drainage system.
• • 0
To mitigate roof gutter discharge, runoff will be directed to a proposed 115 cu. ft. infiltration basin per the
stormwater management plan runoff calculations to comply with the requirements and standards in Section
17.36.H.7. With conditions for recording an affidavit that describes the approved stormwater management
plan and discloses its maintenance requirements pursuant to Section 17.36.H.7.g,1) & 2), the reconstructed
deck will meet the spirit and intent of the Ordinance and comply with mitigation requirements in Section
17.36.1.5.a., b., and c.3).
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 variance requests, with the following conditions:
1. The special exception will allow the applicants to replace retaining walls as structural erosion control for
slopes alongside the existing house foundation. The variance will allow the applicants to reconstruct a deck
attached to the principal structure within the same 970 sq. ft. footprint as the original deck in accordance with
the plans submitted on September 29, 2011, 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.
4. The applicants will direct roof gutter and foundation drain discharge away from riverward slopes into
approved stormwater infiltration structures and protect existing trees within the slope preservation zone and
OHWM setback to maintain slope stability and visual screening of the house from the river.
5. As indicated in the plans submitted by the applicant, the proposed project 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.
6. Within 30 days of the Board's decision, the applicant shall record an affidavit against the property referencing
the decision and stormwater management plan, including a long-term operation and maintenance agreement
for approved runoff infiltration structures. 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. 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.
8. The applicant shall have one (1) year from the issuance of these approvals to commence replacement of the
retaining walls and deck 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 variance before
starting or completing the project.
9. The deck shall be constructed in a manner and with materials that provide the most practical and permanent
structure.
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 Coun-
Conditions will not be amended or added without notice to the applicant and an opportunity for
11. Accepting this decision ns that the applicants and all property o • wners have read, understand, and agree to
all conditions of this decision.
The following vote was taken to approve the special exception and variance, as amended: Chairman Malick, yes;
Hurtgen, yes; Nelson, yes; Peterson, yes; McAllister, yes. 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(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.
ZONING BOARD OF ADJUSTMENT
Signed: Date Filed: 12/02/11 Clarence W. "Buck" Malick, Chairperson
St. Croix County 8 0 4 4 3 1 7
Tx:4032386
AFFIDAVIT OF STORM WATER
MANAGEMENT & MAINTENANCE 947143
Document Number Document Title BETH PABST
REGISTER OF DEEDS
Real Estate Owner ("Owner"): ~~e ~n l J' I ST. CROIX CO., WI
Local Municipality ("CountySt. Croix County, Wisconsin RECEIVED FOR RECORD
12/12/20113:00 PM
, 2011, the Owner agrees to ensure that the EXEMPT
On this~-day of DUe&h y
storm water management facility(s) located on the property described below REC FEE: 30.00
continue serving their intended purposes in perpetuity in accordance with the PAGES: 1
storm water management plan and maintenance agreement filed as a
conditional requirement of the special exception permit approved by the Board Recording Area
of Adjustment on December 1. 2011 in File #SE87346, a copy of which may
be obtained at the St. Croix County Planning and Zoning Department. Name & Return Address:
Tamrah & Stephen O'Neil
This Affidavit applies to the following real estate, herein referred to as the 2330 W. Lake of the Isles Pkwy.
"Property", recorded in Document # 936198 , St. Croix County Register of Minneapolis, MN 55405
Deeds Office on May 13, 2011:
Parcel No.
Lot Three (3) of Certified Survey Map in Volume Twenty (20) of Certified Survey Maps, 040-1145-10-350
page 5017, as document No. 799957, filed in St. Croix County Register of Deeds office on
July 11, 2005, being located in Government Lot Two (2) of Section Twelve (12),
Township Twenty-eight (28) North, Range Twenty (20) West and part of the Southwest
Quarter (SW 1/4) of the Southwest Quarter (SW of Section Seven (7), Township Twenty-eight (28) North, Range Nineteen
(19) West, all in the Town of Troy, St. Croix County, Wisconsin, formerly being Lot Three (3) of Certified Survey Map in
volume 16, page 4298, as Document No. 680003.
Through this Affidavit, the Owner hereby subjects the Property to the following covenants, conditions, and
restrictions:
1. The Responsible Party shall be responsible for the routine and extraordinary maintenance of the storm
water management facility(s) in accordance with the operation and maintenance agreement on file at the
St. Croix County Planning and Zoning Department. The infiltration basin must assimilate 115 cubic feet
of stormwater runoff from impervious surfaces on the property.
2. The County, or its designee, is authorized to access the property as necessary to conduct inspections of the
storm water management facility(s) to ascertain compliance with the intent of the storm water management
plan and the practices and procedures prescribed in the operation and maintenance agreement.
3. Upon notification to the Responsible Party by the County of maintenance problems that require correction,
the specified corrective actions shall be performed by the Responsible Party within a reasonable time
frame as set by the County.
4. The County is authorized to perform the corrective actions identified in its inspection report or its notice if
the Responsible Party does not make the required corrections within the specified time period. The costs
and expenses of such corrective actions shall be the responsibility of the Responsible Party.
5. The terms and conditions contained in this Affidavit shall run with the Property and be binding upon the
successors and assigns of the parties to this Affidavit. Upon the conveyance of the Property by the Owner
or by any of the Owner's successors in title to the Property, the grantor of the Property in any such
conveyance shall be reli ved of the obligations rovided for herein.
Dated as the first day written a v .
Owner Signature(s):
Owner Name(s) Typed Here: Sfey,- 0 4 6,1
-ev G 4e,_ Acknowledgement
STATE OF Vrt3e0NS1N) :ss/1 ~ N n
County of£t-F ' ) 1Y e n n trots
Personally came before me this P day of becX h k-e, , 2011 the above named Std d to me
known to be the person(s) who executed the foregoing instrument and acknowledged the same.
NANCY ANN HELIN
NOTARY PUBLIC - MINNESOTA
My Comm. Expires Jan. 31. 2015 otary Public, St,--6~1 H~~n61.t~ C
y commission expires: ze,
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This document was drafted b
This information must be completed by submitter: document title. name & return address. and PIN (if required). Other information such as the granting
1 Of clauses, legal description, etc. may be placed on this first page of the document or may be placed on additional pages of the document. Note: Use of this
cover page adds one page to your document and $2.00 to the recordinz fee. Wisconsin Statutes, 59.517.
Pam Quinn
From: Pam Quinn
Sent: Friday, January 06, 2012 2:20 PM
To: 'Steve West'
Subject: RE: O'neil Residence Infiltration Basin
Hi Steve,
As long as there is a stormwater infiltration basin that will accommodate the amount of
runoff planned for mitigation, your project will comply with the conditions in the Board
of Adjustment's variance approvals. I made a copy of the revised location site plan for
the file and will follow up when we receive notification that the project has been
completed to document the installation (I'll take some photos during a site visit).
Thanks for providing the revised site plan - have a good weekend.
Pam Quinn, Zoning Specialist (POWTS)
St. Croix County Planning & Zoning Dept.
1101 Carmichael Road
Hudson, WI 54016
715-386-4680
pam.quinn@co.saint-croix.wi.us
-----Original Message-----
From: Steve West [mailto:swest@landsted.com]
Sent: Friday, January 06, 2012 1:57 PM
To: Pam Quinn
Cc: 'Mark Erickson'
Subject: FW: O'neil Residence Infiltration Basin
Hi Pam,
The Town of Troy Plan Commission has objected to the location of the
infiltration basin that was submitted and approved within the Special
Exception. They do not want the infiltration basin to be in the slope
preservation zone. The only spot that is acceptable to them is the area to
the north of the house since the slopes in this area are less than 120.
The attachment shows this revised location. Do you have any objections to
this alternate location?
Thanks
Steve
-----Original Message-----
From: scanner@landsted.com [mailto:scanner@landsted.com]
Sent: Friday, January 06, 2012 10:50 AM
To: Steve
Subject:
This E-mail was sent from "RNPOAC461" (Aficio MP C2800).
Scan Date: 01.06.2012 10:50:15 (-0600)
Queries to: scanner@landsted.com
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