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Home My WebLink About030-1070-10-185 (2) ST4tRolx COUNTr AA IL PLANNING & ZONING January 28, 2011 File Ref: SE87170 James & Kerry Rouleau 937 Carter Circle 6« " Hudson, W154016 : 11'-.1 Re: St. Croix County After-the-Fact Special Exception Request Parcel #26.30.19.253A30, Town of St. Joseph Code Administratipl 715-386-4680 Dear Jim and Kerry: Land Information a- The St. Croix County Board of Adjustment (Board) has reviewed your request for the following item: Planning a. A+f 715-386-4674r After-the-fact special exception for filling and grading an area exceeding 10,000 square feet in the Ag-Residential and Shoreland Districts of Twin Lakes, Town of St. Joseph, pursuant Real Py to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. 715 -4677 R cling After the hearing on January 27, 2011 the Board approved the special request with conditions. The -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. tfiri 3:i. :ffF. S' e , . . amela Quinn Zoning Specialist/ Zoning Administrator a9f+ "CCy ~lf`ti~rc Enclosure: Formal Decision cc: Clerk, Town of St. Joseph Steve Olson, Land and Water Conservation Department f.. Carrie Stoltz, Wl Department of Natural Resources oAi> ......::ctmo:5✓.4S:xcwuwx+'[at .»a:vaaH».t Ana`"cX"t.3'fA:wKCY.M..:RDkJ2::, v::... .»+x..::::'..:. ':ti: ~v:... bi .::"::.:::.u:.y%CYJ-'::i..:tt+Am'iv':vtAEt^:•oiv,.yn'RN:dA.:-.: ..1:...::.:: K' :".......S:.2w..::::sri:+:::v~)::::^ Si:<tn:..::.:::-: Sr CROIX COUNTY GOVERNMENT CENTER 1 101 CARMICHAEL ROAD, HUDSON, WI 54016 7153864686 FAX PZLaCO.SAINT-CROIX. W. US W W W. CO.SAI NT-CROIX. W . US FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ~C ST. CROIX COUNTY, WISCONSIN Oy File Number: SE87170 Applicants: James and Kerry Rouleau, property owners Parcel Number: 26.30.19.253A30 Complete Application Received: December 6, 2010 Hearing Notice Publication: Weeks of January 10 and January 17, 2011 Hearing Date: January 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 applicants are James and Kerry Rouleau, property owners. 2. The site is located on Lot 2, CSM V. 17/P. 4497 in Gov't. Lot 4 of Section 26, T30N, R19W, Town of St. Joseph, St. Croix County, Wisconsin. 11 -9 14 04,,,, ¢ . 3. The applicants filed an application with the Board of Adjustment for an after-the-fact special exception permit for filling and grading an area exceeding 10,000 square feet in the Shoreland District of Bass Lake for construction of a driveway, an accessory structure, a pond, and a proposed cabin 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 118,000 square feet on slopes ranging from less than 12 to 24.9 percent 4. The applicants obtained a driveway permit from the Town of St. Joseph and a building permit for the existing 6,750 sq. ft. accessory structure. The structure and the pond were constructed at different times in an area on the parcel that is greater than 300' to Bass Lake's OHWM. The applicant thought that if filling and grading for each separate project was less than 10,000 sq. ft. in area, no land use permit would be required, however land disturbance is cumulative for any given parcel. 5. The Town of St. Joseph Plan Commission reviewed the application and voted to recommend to the Town Board approval of the Special Exception Application for James and Kerry Rouleau, 793 140`h, New Richmond, for filling and grading of 10,000 sq ft on shoreline of Bass Lake as presented, to include the recognition and installation of only one home closest to 140`h, and with the following condition: if they wish to install a 2nd home, they will be required to subdivide the property. 6. The St. Croix County Land and Water Conservation Department made the following comments regarding the application: The proposed grading and erosion control plans are adequate for the site. The LWCD recommends a condition that native vegetation is maintained between the proposed buildings and Bass Lake. This native vegetation is a key component to the stormwater management plan. The native vegetation traps sediments and allows for greater infiltration of stormwater runoff. In addition, the LWCD recommends the applicant maintain the perimeter erosion control until the site is fully re-vegetated. The maintenance of the perimeter erosion control is very important in this location do to the steep slopes draining to Bass Lake. The LWCD does not recommend the use of a phosphorous based fertilizer for vegetation establishment or maintenance unless a soil test of site recommends otherwise. 7. The Wisconsin Department of Natural Resources Water Management Specialist and Run-off Management Specialist were sent the application for review. An after-the-fact general grading and stormwater pond permit was issued on January 5, 2011. With a condition that the applicants comply with activities required in the DNR permit, the request will be consistent with purposes stated in Section 17.26(3)7 for preserving shore cover and natural beauty of areas surrounding Bass Lake. January 28, 2011 File Ref: SE87170 James & Kerry Rouleau 937 Carter Circle Hudson, WI 54016 Re: St. Croix County After-the-Fact Special Exception Request Parcel #26.30.19.253A30, Town of St. Joseph Dear Jim and Kerry: The St. Croix County Board of Adjustment (Board) has reviewed your request for the following item: After-the-fact special exception for filling and grading an area exceeding 10,000 square feet in the Ag-Residential and Shoreland Districts of Twin Lakes, Town of St. Joseph, pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. After the hearing on January 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. Sincerely, Pamela Quinn Zoning Specialist/ Zoning Administrator Enclosure: Formal Decision cc: Clerk, Town of St. Joseph Steve Olson, Land and Water Conservation Department Carrie Stoltz, WI Department of Natural Resources 8. The primary public purposes of the slope restrictions in the Shoreland District are to further the maintenance of safe and healthful conditions through limiting development to those areas where soil conditions and geologic conditions will provide a safe foundation and to prevent and control water pollution. The applicants have submitted stormwater management and erosion control plans designed to protect steep slopes, provide infiltration of runoff, and minimize erosion and sedimentation. With conditions for implementation of the erosion control and stormwater management plans, for recording an affidavit referencing the storm water management plan and an operation and maintenance agreement for the storm water features, this request will not violate the spirit or intent of the St. Croix County Zoning Ordinance and will meet the requirements in Sections 17.70(7)(a) and 17.70(b) of the Ordinance regarding potential negative impacts to the water quality of Bass Lake. 9. The site is located in the Shoreland Overlay District of Bass Lake and is within a primary environmental corridor as identified by the St. Croix County Development Management Plan 2000-2020. With conditions for implementing and maintaining proper erosion control measures before, during and after land disturbance; limiting the use of phosphorous fertilizers on the site; and maintaining and 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 and controlling erosion and sedimentation from development, 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 after-the-fact special exception permit allows the applicants to disturb an area not to exceed 119,000 square feet (-2.73 acres) on slopes ranging from less than 12 to 24.9 percent in the Shoreland District of Bass Lake for construction of a driveway, an accessory structure, a pond, and one 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. 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 filling and grading, the applicants shall secure and comply with any other required local, state, or federal permits and approvals, including but not limited to the DNR grading and stormwater pond permit. ,/4. Prior to commencing construction, the applicants shall submit to the Zoning Administrator a surety in the form of a cash compliance deposit in an amount of $1,100 to be held by the Planning and Zoning Department until the project has been completed and approved to be in compliance with the conditions of this permit and all applicable provisions of the Ordinance, at which time the deposit will be refunded in full. Prior to commencing construction or excavation, the applicants shall schedule an on-site pre-construction I meeting that includes the Water Conservation Department staff members. excavator, to be discussed include but are of limited and Land & coordinating installation of erosion control measures, excavation timelines, and compliance with all other pre- construction conditions. 6. Prior to commencing construction, the applicants shall install erosion control measures in accordance with the m4 approved plans. During construction, the smallest amount of bare ground shall be exposed for as short a time as possible. The applicants shall maintain silt fence or other approved sediment control measures required until self-sustaining, permanent groundcover is 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. Within 30 days of this approval, the applicants shall submit to and have approved by the Zoning Administrator a vegetation management plan featuring native vegetation and identifying the species and densities of plant species to be planted on disturbed areas, 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. Within 30 days of substantially completing the house construction and POWTS installation, the applicants shall record an affidavit referencing this decision and the long-term stormwater maintenance agreement against the property, and provide a recorded copy of the affidavit and all referenced documents to the Zoning Administrator at this time. The intent is to make present and future owners aware of the responsibilities and limitations associated with this decision. ti tilti~9 Within 30 days of substantially completing construction, the applicants shall submit documentation to the l Zoning Administrator in the form of photos that the project has been completed as approved. 10. 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. 11. 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. 12. 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. 13. 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 Nelson, 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(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: 1/31/2011 Clarence W. "Buck" Malick, Chairperson