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HomeMy WebLinkAbout008-2001-80-000(2) ST. CROIX COUNTY WISCONSIN ZONING OFFICE ST. CROIX COUNTY GOVERNMENT CENTER r r r e a, r■ sawn 1101 Carmichael Road Hudson, WI 54016-7710 . ' - a - (715) 386-4680 October 6, 1999 File Ref: 39-99 Irvin Vanasse W3835 75011' Ave. Spring Valley, WI 54767 Re: Board of Adjustment Decision Dear Mr. Vanasse: 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. Sincerely, teve Fisher Zoning Director dz Enclosure cc: William Peavey, Clerk - Town of Eau Galle Eunice Post - Department of Natural Resources Roger Humphrey, Humphrey Engineering FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 39-99 Complete Application Received: August 26, 1999 ° Hearing Notice Publication: Weeks of September 6 and 13, 1999 Hearing Date: September 23, 1999 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and conducted an on-site inspection, the Board finds the following facts: 1. The applicant is Irvin Vanasse, whose address is W3835 7500, Ave., Spring Valley, Wisconsin 54767. 2. The applicant filed with the Zoning Office an application for a special exception request for filling and grading in a Shoreland District to establish a stream crossing on his property for the purpose of gaining access to his farm land. 4. The property is located in the NE'/4 of the SW % of Section 36, T28N-R16W, Town of Eau Galle, St. Croix County, Wisconsin. 3. The Special Exception request is for a permit for Filling and Grading in a Shoreland District under Section 17.29(2). Special exception permits are required for any filling and grading. 4. The Town of Eau Galle supports this application. 5. A professional engineer was hired to design this project and the Board believes the design to be adequate to meet the requirements for this application. 6. The applicant has worked with the Zoning Office and with the Land and Water Conservation Department on this project and both departments are in support of this application. 7. The applicant has made application for a permit with the Department of Natural Resources and is awaiting a response. 8. The Board found that the applicant has worked with all appropriate agencies to secure proper permits for the proposed project. 9. The Board of Adjustment found that this special exception application conforms with the requirements for granting a special exception under Section 17.29(2). 10. 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 engineered plans for the project submitted by Humphrey Engineering were approved by the staff from the Land and Water Conservation Department. 2. The proposed plans for the creek crossing will protect the environment. 3. There are no objections to this project. 4. The Town of Eau Galle has approved this application 5. The spirit and intent of the Shoreland District Ordinance will be met. With the following conditions: 1. The applicant shall follow the engineers plans submitted with proposal. 2. The property owner and contractor are personally responsible for installation and on-going maintenance of all erosion control practices/devices. 3. Secure all necessary DNR permits before commencement of this project. 4. Supply the Zoning Office with the name of company and contact person who is responsible for the erosion control measures and notify zoning staff once erosion control is installed. 5. Re-vegetate and stabilize all disturbed areas as soon as possible with an annual seed, such as winter wheat. Permanent re-vegetation must be completed as soon as weather conditions allow in the spring of 2000. 6. All disturbed areas are to be mulched to help prevent erosion. 7. Any minor change (or addition) in expansion of the project, shall require review and approval by the zoning administrator and project engineer. Any major change and/or addition to the originally approved plan will go through the special exception approval process, where applicable, as stated in the ordinance. 8. The applicant shall have one (1) year from the date of issuance of the special exception to complete construction. Failure to complete construction in this time frame shall result in the expiration of this special exception permit. If the special exception permit expires, the applicant will be required to secure a new special exception permit through a separate special exception application. The following vote was taken to approve: King Yes Golz Yes Peterson Yes Chairperson Speer Yes 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 2 . i ~ 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. ZONING BOARD OF ADJUSTMENT Signe Chair rson Attest Dated: 10/06/99 Zoning Director Filed: 10/06/99 i li i i I 3