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HomeMy WebLinkAbout008-1054-80-000 4 ST. IX COUNTY WISCONSIN T' ~rrr~r■:~--- ZONING OFFICE ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 • Fax (715) 386-4686 March 1, 2002 File Ref: 49-01 Kurt and Molly Stehr W9398 710th Ave. River Falls, WI 54022 Re: Board of Adjustment Decision Dear Mr. and Mrs. Stehr: The St. Croix County Board of Adjustment has reviewed your request for a special exception for filling and grading in a Shoreland District and has approved this application with conditions. The enclosed document is the formal decision regarding your application. Should you have any questions or concerns, please do not hesitate in contacting me. Skly, Zoning Director dz Enclosure cc: William Peavey, Clerk, Town of Eau Galle w/enclosures Eunice Post - DNR, w/enclosures Pete Kling, LWCD, w/enclosures FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 49-01 Complete Application Received: December 17, 2001 Hearing Notice Publication: Weeks of January 7 and 14, 2002 Hearing Date: January 24, 2002 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and conducted an oRsite inspection, the Board finds the following facts: 1. The applicants are Kurt and Molly Stehr, whose address is W9398 710`h Ave., River Falls WI 54022. The property is located off of 30h Avenue, Baldwin WI. 2. The applicant filed with the Zoning Office an application for a specid exception request for filling and grading in the Shoreland area of an unnamed tributary of the Rush River to install a culvert crossing for a building site. 3. The property is located in the SW '/4 of fie SE 1/4, Section 18, T28N-R16W, Town of Eau Galle, St. Croix County, Wisconsin. 4. The Special Exception request is for a permit for Filling and Grading in a Shoreland District under Section 17.29(2). Special exceptions are required for any filling and grading in a Shoreland District. 5. The applicant is working with the Zoning Office, the Land and Water Conservation Department, and the Wisconsin Department of Natural Resources on this project. 6. The Board of Adjustment found that this special exception application conforms with the requirements for granting a special exception under Section 17.29(2} 7. The Board of Adjustment found that the spirit and intent of the ordinance will be met by granting this special exception permit. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's request for a special exception permit for Filling and Grading in a Shoreland District and has been approved based on the following findings: 1. The Land and Water Conservation Department and the Department of Natural Resources have given approval of the plans. 2. The Town of Eau Galle Town Board and Planning Commission have recommended approval of the request. 3. The permit is necessary for utilization of the property and to gain access to the building site. 4. There was no opposition to the request. 5. The integrity of the ordinance will be upheld and the spirit and intent of the ordinance will be met by granting the request. With the following conditions: 1. The applicant shall install silt fence (erosion control measures) prior to commencing grading activities. The silt fence/erosion mat shall remain in place until the site is completely established. 2. The applicant shall follow the plans as approved by the St. Croix County Land and Water Conservation Department. 3. All structures must meet the minimum setback requirements as outlined in the St. Croix County Zoning Ordinance. 4. The applicant shall obtain all necessary approvals from the Wisconsin Department of Natural Resources. This includes all renewals. 5. The applicant shall provide the Zoning Office with the name and phone number of the person responsible for installing and maintaining the erosion control plan. 6. The Zoning office is to be notified at the start and the finish of the project. 7. All grading activities shall be completed before September 15, 2002. 8. Any minor change or addition to the project, including but not limited to design of the facility, shall require review and approval by the Zoning Administrator and the Land and Water Conservation Department 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. 9. The applicant shall have one (1) year from the issuance of the special exception permit to commence construction. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before construction commences, the applicant will be required to secure a new special exception permit before starting or completing construction on the project. 10. 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: Golz, yes; King, yes; Peterson, yes; Rose, yes; Chairperson Speer, 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, which is avaliable from Northwestern Court Reporters, Hudson, Wisconsin. 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: hairp on Dated: 03/01/02 Attest: 'e~ Filed: 03/01/02 oNng Director 2 ST. AOIX COUNTY WISCONSIN ZONING OFFICE ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 • Fax (715) 386-4686 Case # 49-01 February 11, 2002 Kurt and Molly Stehr W9398 710t' Ave. River Falls, WI 54022 Subject: Special Exception Approval for a grading permit in the shoreland district for a culvert crossing Dear Mr. and Mrs. Stehr: Your request for a special exception for a grading permit in the shoreland district of an unnamed tributary of the Rush River for a culvert crossing was approved by the St. Croix County Board of Adjustment at its January 24, 2002 meeting. The special exception allows you to construct a culvert crossing to access a building site as submitted and approved. A formal written decision will be mailed to you within 45 days. CONDITIONS OF APPROVAL 1. The applicant shall install silt fence (erosion control measures) prior to commencing grading activities. The silt fence/erosion mat shall remain in place until the site is completely established. 2. The applicant shall follow the plans as approved by the St. Croix County Land and Water Conservation Department. 3. All structures must meet the minimum setback requirements as outlined in the St. Croix County Zoning Ordinance. 4. The applicant shall obtain all necessary approvals from the Wisconsin Department of Natural Resources. This includes all renewals. 5. The applicant shall provide the Zoning Office with the name and phone number of the person responsible for installing and maintaining the erosion control plan. 6. The Zoning office is to be notified at the start and the finish of the project. 7. All grading activities shall be completed before September 15, 2002. 8. Any minor change or addition to the project, including but not limited to design of the facility, shall require review and approval by the Zoning Administrator and the Land and Water Conservation Department 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. 9. The applicant shall have one (1) year from the issuance of the special exception permit to commence construction. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before construction commences, the applicant will be required to secure a new special exception permit before starting or completing construction on the project. 10. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. • 0 Please be advised of the Statutory Appeal rights (as described below) of anyone who may be aggrieved by this decision. 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, 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, which is available from Northwestern Court Reporters, Hudson, Wisconsin. It is the responsibility of the Board of Adjustment to submit its record (file) of this matter to the circuit court. If you have questions pertaining to this matter, you can reach me at the number listed above. Sincerely, Rod Eslinger Zoning Specialist Cc: Bill Peavey, Town clerk