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Home My WebLink About032-1027-80-110 (2) CNOIX COUNr • A-- PLANNING & ZONING File Ref: SE87311 October 28, 2011 a Terry G. Cook P.O. Box 59 Stillwater, MN 55082 Re: St. Croix County Special Exception Request Parcel #10.31.19.132A50, Town of Somerset Code Administration 715-3864680 ` Dear Mr. Cook: Land Information & Planning The St. Croix County Board of Adjustment (Board) has reviewed your request for the following item: 715-386-4674 rt Special exception for filling and grading an area exceeding 10,000 square feet in the Ag- Real Propq Residential and Shoreland District of Pine Lake and an unnamed pond in the Town o 715,677 Somerset, pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. Rec&c g After the hearing on October 27, 2011 the Board approved the special request with conditions. The ~15-386-4675 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. Sin , Pamela Quinn 7 Zoning Specialist/ Zoning Administrator =,a Enclosure: Formal Decision cc: Clerk, Town of Somerset Steve Olson, Land and Water Conservation Department Mike Wenholz, WI Department of Natural Resources i Y,. t F 'i x„ v ST. CRO/X COUNTY GOVERNMENT CENTER 7153861686 Fax 110 1 CARMICHAEL ROAD, HUDSON, W/ 54016 W W W.CO.SAINTCROIX.WI.US PZOCO. SA/NTCRO/X. W/. US •0 of FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File Number: SE87311 Applicant(s): Terry G. Cook, property owners Parcel Number: 10.31.19.132A50 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 Terry G. Cook, property owner. 2. The site is located on 22 acres in the NE'/4 of NW '/4 of Section 10, T3 IN, R1 9W, 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 Pine Lake and an unnamed pond 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 20,000 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 has reviewed the special exception permit application and completed a site visit on September 12, 2011. The LWCD finds the stormwater and erosion control plans adequate for the site. 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 wooded and heavily vegetated hilltop whose surface runoff does not directly drain into either Pine Lake or the unnamed pond. There are several hundred feet of separation between the house and driveway excavation and neighboring properties. 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. 9. The site is located in the Ag Residential and Shoreland Overlay Districts of Pine Lake and an unnamed pond 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 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 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 or their agent to disturb an area of approximately 1/2 acre on slopes ranging from less than 12 to 19.9 percent in the Shoreland District of Pine Lake for construction of a driveway, a detached garage, and a dwelling serviced by 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 #87315, 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. 3. As required in land use permit #LU87315 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 area of the site, unless a soil test confirms that phosphorous is needed. 4. 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. 5. 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. 6. The applicant shall have six (6) months from the date of this approval to commence the filling and grading project and one (1) year 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 the project commences, the applicant will be required to secure a new special exception permit before starting. 7. 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. 8. 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; Hurtgen, yes; McAllister, yes and Nelson, 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(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 • • 0 0 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