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Data ORDINANCE DECISION TREND ANALYSIS
Initial Data
Computer/Property I.D. # (~(~8
~~F~3- 8O .
Owner's Name -CC
D
Property Address
Zoning District
A2 AG AR RES COM IND
Past Zoning
A2 AG AR RES COM IND
Overlay District
NONE SHORELAND
Location WETLAND FLOODPLAIN
Section, Town, Range, Lot p~o`; a7 N RIVERWAY
Acres
Request Date_ p~~ lI
r-
Disposition (OE71'ED APPROVED ~WTHDRA
Active WN POSTPONED S 7
Date
Rezoning Special Exception
Type of na`nce/ I Exception -1" -
ROAD/HWY. SETBACK WATER SETBACK f
LUFFLINE SETBACK )
DRIVEWAY SEPARATION LOT RATIO
NONCONFORMING LOT '
Ordinance Citatio s 3 d SIZE
Supporting Evidence Description
PLOT MAP/PLAN - G~
TE PLA TOWN APPROVAL LTR CSM PHOT
Hardship OS MAPS
YES SOIL TEST
Linked to Rezoning NO
YES
Conditions - NO
E"PIRATION DATE
ZONING OFFICE COMPLETION ACCORD
ACCESS & NOTIFICATION U ~G TO PLAN
ON COMPLETION ALL PERMITS COMPLETE
Objections EROSION
YES CONTROL
NO
ST. CROIX COUNTY
WISCONSIN
rrr~~prM~ ZONING OFFICE
ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680
October 29, 1996
William Peavey
Clerk - Town of Eau Galle
58-96
2530 County Road N
Woodville, Wisconsin 54028
Re: Board of Adjustment Decision
Dear Mr. Peavey:
In reviewing the decision rendered on the Town of Eau Galle's
request for a variance, it was noted that No. 4 of the Conclusions
of Law was incomplete. I am enclosing a new page 3 with the
completed sentence.
Should you have any questions or concerns, please do not hesitate
to call.
Sincerely,
P"VA
Pamela J. E er
son
Administrative Secretary
Pe
Enclosure
i
• 0
4. The variance is not requested due to limiting physical
characteristics of the property because there are other
alternatives.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and
the record herein, the Board denies the applicant's request for a
variance for a holding tank on new construction on the following
4:1 vote:
T. Filipiak
J. Neumann Yes
N. Golz Yes
A. Jensen Yes
Chairman J. Bradley Yes
APPEAL RIGHTS
This decision may be appealed b any
action in certiorari in the circuitcourtoofathis aggrieved
County by filwithining an
days after the date of filing shown below. ass
30
liability for and makes no warranty as to Tthe Clegality of nano
construction commenced prior to the expiration of
period or the identity of an ny
by this decision. Y person who may claim to be aggrieved
ZONING BOARD OF ADJUSTMENT
Signed
Chairperson
Attest
Zoning Administrator
Dated: 10/18/96
Filed: 10/18/96
3
r 0
ST. CROIX COUNTY
1
WISCONSIN
ZONING OFFICE
I I N r ST. CROIX COUNTY GOVERNMENT CENTER
- 1101 Carmichael Road
- ---=s- - - Hudson, WI 540 1 6-771 0
(715) 386-4680
October 18, 1996
William Peavey 58-96
Clerk - Town of Eau Galle
2530 County Road N
Woodville, Wisconsin 54028
Re: Board of Adjustment Decision
Dear Mr. Peavey:
The St. Croix County Board of Adjustment has reviewed your
application for a variance for a holding tank for new construction
and has denied your application. The enclosed document is the
formal decision regarding your application.
Should you have any questions or concerns, please do not hesitate
to call.
Sincerely,
Thomas C. Nelson
Zoning Administrator
pe
Enclosure
S
0
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case:
Complete Application Received: 58-96
June
Hearing Notice Publication: June 27, 1996
Hearing Date: Weeks of 7/8/96 and 7/15/96
July 25, 1996
FINDINGS OF FACT
Having heard all the testimony,
herein, and conducted an on-site inspect n, the eBoard finds cord
following facts:
the
1• The applicant is William Peave
Galle, whose address y, Clerk for the Town of Eau
Wisconsin 54028. 1s 2530 County Road N, Woodville,
2. The applicant on June 27, 1996 filed with the Zoning Office
application for a variance for a holdin an
construction, g tank for new
3. The property which is the subject of the a
located in Part of the M,, of the NW% PPlication is
o 22,
R16W, Town of Eau Galle, St. Croix County f Section T28N,
, Wisconsin.
n.
4. The subject property is presently unused and w
one time. as pasture at
5• The property
St. Croix County Zoning Ordinance~ential under the current
6. Zoning Administrator, Tom Nelson indicated this is a re e
for a holding tank on new construction. st
He stated that
Chapter 15 of the Sanitary Code states holding tanks are not
allowed on new construction. Nelso
site was approved for a mound s stem n stated this particular
a holding tank as the
don't y The Town is requesting
utilized to full capacity because e of very 1 mitedtuse Nel be
son
explained the procedure is that there is a need for a variance
at the County level before the State would grant that type
variance.
of
7. Tom Nelson introduced as Exhibit 1, a site plan of
proposed town hall showing the location of the holding t nktto
be sized according to DILHR 83.15.
8. William Peavey testified that he is the clerk for the Town
Eau Galle and prepared the necessary work for this of
Peavey indicated at the last Town Board meeting hec,town
entered into the minutes their approval of the request for a
holding tank. n
on for req was
g. William Peavey testified
eets once almonthsand it wase fe to a mound
the Town Board only m
system would freeze up in the winter. The town hall is also
used once a month by the 4-H Club.
10. The size of the new town hall is 301x70' and the footings are
in.
11. Board of Adjustment Secretary, Art Jensen stated he is in
agreement with the Town of Eau Galle and has seen mounds in
Eau Galle freeze up.
12. Stan Hensley testified that he is a supervisor for the Town of
Eau Galle. Hensley stated that the Town of
them froma anyltypes of
municipality and that residents.
testified there is a pumper within two miles of
13. Stan Hensley
the Town Hall that could provide the service. of the Zoni
Code
would 14. A literal enforcement ofsor unnecessary ha dship to
not result in practical difficulty
the applicant because there is an area suitable for a mound
system.
15. The variance would be contrary to the public interest and
would not be in accord with e syspirit of stems cant be Zusedg tCode hey
because when other alternative
should be the system installed.
requested due to limiting physical
16. The variance is not ro ert because there are soils
characteristics of the p p Y
suitable for a mound.
CONCLUSIONS OF LAW
The Board concludes that:
1. The Board of Adjustment has authority und
, toer sec. 7or0 deny, an
St. Croix County Zoning ordinance
application for a variance.
2. A literal enforcement of the terms of the Zoning Code would
not result in unnecessary hardship to the applicant because
there is an alternative system that could be used.
3. A variance would be contrary to the public interest and would
not be in accord with the spirit of the Zoning Code because
the purpose of the ordinance is to promote public safety,
general welfare and convenience.
2
4. The variance is not requested due to limiting physical
characteristics of the property because
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and
the record herein, the Board denies the applicant's request for a
variance for a holding tank on new construction on the following
4:1 vote:
T. Filipiak Yes
J. Neumann Yes
N. Golz Yes
A. Jensen No
Chairman J. Bradley Yes
APPEAL RIGHTS
This decision may be appealed by any person aggrieved by filing an
action in certiorari in the circuit court of this County within 30
days after the date of filing shown below. The County assumes no
liability for and makes no warranty as to the legality of any
construction commenced prior to the expiration of this 30-day
period or the identity of any person who may claim to be aggrieved
by this decision.
ZONING BOARD OF ADJUSTMENT
Signed
Chairperson
Attest
Zoning Administra or
Dated: 10/18/96
Filed: 10/18/96
3
• •
will have to put in fill for the driveway, so water should not be
a problem.
Exhibit 4, a 3-page Rental Agreement and 1 page of Rules and
Regulations. Peabody indicated that the times of operation would
need to be added to the agreement.
Bradley indicated the Board would view the site and render a
decision.
Town of Eau Galle/William Peavey
Nelson stated this was a request for a holding tank on new
construction. He said that Chapter 15 of the sanitary code states
holding tanks are not allowed on new construction. He noted this
particular site was approved for a mound system. The Town is
requesting a holding tank as they don't feel a mound system would
be utilized to a full capacity because of very limited use.
Procedure is that there is a need for a variance at the County
level before the State would grant that type of variance. Nelson
introduced Exhibit 1, a site plan of the proposed town hall showing
the location of the holding tank to be sized according to DILHR
83.15.
Bradley asked Nelson his position. Nelson stated he had strong
concerns about holding tanks on new constructions. Holding tanks
are not desirable, although they are a very cheap system to
install, they often are not properly maintained due to cost of
pumping the system. Bradley recalled one that was allowed on a
split vote a few years back to the Village of Baldwin for a hockey
facility. Nelson indicated he didn't have any updated information
on that.
William Peavey, being duly sworn, stated his address to be 2530
County Road N, Woodville. He said he is the clerk for the Town of
Eau Galle and did the necessary work for this project. Peavey
indicated at the last Town Board meeting the town entered into the
minutes their approval of the request for a holding tank.
Peavey indicated the main reason for the request was that the Town
Board only meets once a month and they feel a mound system would
freeze up in the winter and investing $10,000 into a mound that
they will have trouble with is not the way to go. Their plumber
also agrees.*
Neumann inquired about the size of the new town hall. Peavey
stated it would be 30' x 70' and that the footings were in.
Bradley indicated he personally was biased about holding tanks and
knows Nelson shares that with him. Bradley asked Jensen, as a
resident of the Town of Eau Galle, his opinion. Jensen stated he
is in agreement with the Town of Eau Galle. He's seen some mounds
in Eau Galle freeze up.
9
Nelson stated there is a history of septic systems in general,
mound or at grade system, if not being utilized and they are a
shallow system, there is a tendency to freeze up. Agrees that a
holding tank would not be something that would freeze up.
Filipiak questioned how many systems are known to have frozen up
and asks if this would set precedent. Nelson stated there are
freeze ups on all types of systems during the winter. Many times
its due to the bacterial activity or lack of activity that is in
the system. Nelson stated this would set a precedent.
Neumann inquired how much the town hall is used. Peavey responded
that it is used once a month for town board meetings and once a
month for the 4-H club. Peavey said the distinguishing factor in
their case, is they are a municipal government and would handle the
waste correctly.
Stan Hensley, being duly sworn, stated he resides at 310-230th
Street, Baldwin and is the Supervisor for the Town of Eau Galle.
Reaffirms what Peavey has stated. Hensley stated that the Town of
Eau Galle is a municipality, that distinguishes them far and above
the way from any type of residents. Their uses are completely
different than that of private residents. Indicated they want the
simplest, least maintenance available when they have a limited use
program.
Bradley indicated precedent is an issue and reiterated the concerns
he has with holding tanks.
Hensley stated there is a difference between municipal use and a
private use. Bradley conceded there is a difference, but another
applicant may not see any difference at all.
Jensen asked about other private holding tanks in the township.
Hensley responded there are replacements of failing systems.
Hensley stated there is a pumper within two miles of them that
could provide the service.
Bradley asked Nelson how many holding tanks in the township and how
recently installed. Nelson stated he doesn't have total numbers.
Nelson indicated with an existing system that fails and no other
options cited, a holding tank is permissible. The ordinance and
standards concern addressing strictly new construction.
Bradley stated to his recollection no holding tanks had been
granted during his eight year tenure with the Board of Adjustments,
except in the Village of Baldwin in new construction.
Peavey indicated one was installed in new construction 8-10 years
ago on the bluff of the Spring Valley dam. Nelson stated this
10
• •
particular ordinance was adopted after that particular holding tank
was installed.
Hensley inquired whether one had ever been granted to a
municipality before. Bradley responded yes on a 3-2 split vote to
the Village of Baldwin.
Bradley indicated the Board would view the site and render a
decision.
Wisconsin Department of Natural Resources
Nelson stated this was a request for filling and grading of a
shoreland district of the Willow River. This particular activity
is not a permitted use, but rather a special exception use. Nelson
introduced Exhibit 1, 3-page brief review of attached exhibits
introducing the project and what activities are going to occur;
Exhibit 2, a copy of the west part of the Hudson plat map
identifying in yellow the location of properties; Exhibit 3, 3-page
of aerial photographs identifying project area; Exhibit 4, 3-page
of 1/2 section maps from the Real Property office files identifying
in yellow location of properties; Exhibit 5, 9-page actual plans of
different portions of the project located up and down the Willow
River; Exhibit 6, 4-page construction details for lunker units;
Exhibit 7, 4-page of plans for mid-channel deflectors - log piling
and boulder retard; Exhibit 8, 18 photographs showing portions of
the river in question as well as the plans for some of the
construction being proposed; Exhibit 9, a July 8, 1996 letter from
the Department of Natural Resources supporting this application;
and Exhibit 10, July 9, 1996 correspondence from the Town of Hudson
recommending support of application.
Marty Engel, being duly sworn, stated that he is a Senior Fisheries
Biologist for the Wisconsin Department of Natural Resources, 990
Hillcrest, Baldwin and Brian Spangler, Fisheries Management Tech.
Engel explained the plans for the restoration project.
Historically this would be some of the heaviest fishing area in the
State of Wisconsin. Various improvements done prior to 1940 have
worn out or become obsolete. There has been deterioration of pipe,
etc. that hold logs or crosslogs in the river, along with trout
density in the area. Plans include working over an area of about
1,8151, constructing and installing approximately 47 lunker
structures (artificial banks) made out of oak. Basically keyed
into the bed of the stream and large limestone rip rap is placed on
top of it and the soil is graded over and reseeded, so only the rip
rap chunks on the outer edge are exposed to the stream. They
enhance holding columns for trout.
Also plan on installing 150 boulder retards. Engel explained that
it's a large chuck of limestone that is placed in a certain pattern
within the stream to provide currant breaks and discollege the pool
to provide additional habitat for the trout.
11
In addition, 1-2 dozens tree covers would be installed using
natural logs found along the river and placing them in appropriate
position to encourage trout habitat. There would be approximately
1,700 cubic feet of rip rap used. Also would be some faint
grading, some erosion control done where there are raw eroded banks
and rip rap tappered.
Project sites are in two locations. One primarily below Trout
Brook Road on what is currently known as Race Branch. There are
two property ownerships involved on that parcel, primarily the
State of Wisconsin, State Park property and one other parcel owned
by Edward Frantz, who has reviewed the document and signed off on
it.
Other parcel is located on what they call the Bifurcation area,
it's approximately 1/2 mile down from Little Falls Dam where the
stream splits. There's a very wide sluggish area of the river that
is causing warming. Engel said they are looking to speed up the
current and restore that area with additional rip rapping, habitat
covers, and improvement work as shown on the diagram.
Bradley asked if this is because of the shoreland zoning ordinance.
Nelson responded yes.
Filipiak asked what the total cost of the project will be. Engel
indicated they can only estimate the approximate cost of the
project. Working areas are keyed upstream. If the project is not
completed in one year, they will come back a second year when
additional funding would be available to complete the project.
Currently have $30,000, $23,000 in Trout Unlimited and $7,000
donated from a past landowner on the lower river.
Engel stated most of the work will be done on what was previously
the Marine Rudd property.
Filipiak asked if the dam is taken out, what effect that would
have. Engel indicated he thought a net thermal benefit would occur
to the river.
Discussion concerning location of the Anselmo property and whether
it runs right to the river. Spangler stated he understood their
property was above the bridge and they were working below the
bridge.
Engel acknowledged they will be assisted by members of Trout
Unlimited.
Bradley stated concern over statement "new routes will be cleared
by removing select trees with brush only where necessary to
facilitate the access and use of heavy equipment." Curious why the
application didn't indicate an interest in saving habitat along the
Willow River.
12
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