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Home My WebLink About032-2146-10-000 (2) a 4P rile eelo October 28, 2011 File Ref: SE87313 Richard & Charlotte Jorgenson 1921 S. Baker Rd. Balsam Lake, WI 54810 Re: St. Croix County Special Exception Request Parcel #15.31.19.1272, Town of Somerset Dear Mr. & Mrs. Jorgenson: The St. Croix County Board of Adjustment (Board) has reviewed your request for the following item: Special exception for filling and grading an area exceeding 10,000 square feet in the Ag- Residential and Shoreland District of two unnamed ponds in the Town of Somerset, pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. After the hearing on October 27, 2011 the Board approved the special request with conditions. The 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. Pamela Quinn Zoning Specialist/ Zoning Administrator Enclosure: Formal Decision cc: Clerk, Town of Somerset Steve Olson, Land and Water Conservation Department Mike Wenholz, WI Department of Natural Resources 0 0 FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File Number: SE87313 Applicants: Richard Jorgenson, property owners Parcel Number: 15.31.19.1272 Complete Application Received: September 2, 2011 Hearing Notice Publication: Weeks of October 10 and October 17, 2011 Hearing Date: October 27, 2011 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 applicant is Richard Jorgenson, property owner. 2. The site is located on Lot 1, Oak Haven Subdivision of Section 15, T3 IN, R19W, Town of Somerset, St. Croix County, Wisconsin. 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 District of two unnamed ponds for construction of a driveway and a proposed house with a POWTS 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 11,000 square feet on slopes ranging from less than 12 to 19.9 percent. 4. The applicant obtained a driveway permit from the Town of Somerset and a county land use permit to allow land disturbance not to exceed 10,000 square feet for initial excavation for the driveway and house foundation. 5. The Town of Somerset Town Board reviewed the application and recommends support of the applicant's special exception permit request with land use addendum. 6. The St. Croix County Land and Water Conservation Department recommends a condition for the special exception permit that no grading and filling or vegetation alteration is permitted in the drainage easement, this would include mowing. The deep rooted vegetation established in the drainage easement is a key component in controlling on-site runoff and promoting infiltration of stormwater. 7. The Wisconsin Department of Natural Resources Shoreland Specialist, Mike Wenholz, has reviewed the application and his only comment is to assure that an appropriate stormwater management plan and erosion and sediment control plan is included with each permit, if approved. 8. The applicant's proposed building site is on a heavily vegetated lot located in the Ag Residential and Shoreland Overlay Districts of two unnamed ponds, but surface drainage flows into a designated stormwater retention area that was designed for the subdivision and does not directly discharge into either of these navigable water bodies. With conditions for installation of erosion and sediment control measures that comply with state Uniform Dwelling Code individual construction site requirements, the request will meet the spirit and intent of the ordinance's purpose to prevent and control water pollution. 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 11,000 square feet on slopes ranging from less than 12 to 19.9 percent in the Shoreland District of two unnamed ponds for construction of a driveway and a proposed dwelling with a POWTS 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. Prior to commencing filling and grading beyond the amount permitted by Land Use Permit #87314, 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 a building permit. 3. As required in land use permit #LU87314 issued on September 15, 2011 the applicant or their agent shall install erosion control measures in accordance with the approved plans. 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. Phosphorous fertilizers shall not be used to establish and maintain vegetation on the disturbed areas of the site, unless a soil test confirms that phosphorous is needed. 4. No grading, filling, or alteration of existing vegetation including mowing is permitted in the stormwater drainage easement. The deep rooted vegetation established in the drainage easement is a key component in controlling on-site runoff and promoting infiltration of stormwater. Within 30 days of substantially completing the house construction and POWTS installation, the applicants shall record an affidavit referencing this decision and the stormwater management and maintenance agreement against the property, and provide a recorded copy of the affidavit and all referenced documents to the Zoning Administrator. The intent is to make present and future owners aware of the responsibilities and limitations associated with this decision. 5. 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. 6. 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. 7. The applicants shall have six (6) months from the date of this approval to commence construction on the project and two (2) years from the date of this approval to complete it. Failure to do so shall result in expiration of the special exception permit. If the special exception permit expires before construction commences, the applicants will be required to secure a new special exception permit before starting. The applicants may request extensions of up to six months not to exceed a total of one year from the Zoning Administrator prior to the expiration of the permit in the event that additional time is needed to secure other required permits and approvals. 8. 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. 9. Accepting this decision means that the applicants have read, understand, and agree to all conditions of this decision. ft 0 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: 10/28/2011 Clarence W. "Buck" Malick, Chairperson II