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HomeMy WebLinkAbout012-1055-20-000 (2) CO rl-r CROIX ble AA UNR PLANNING ZONING January 15, 2009 File Ref: SE0133 Brian Hoverson 1385 200th Street Baldwin, WI 54002 Re: Hoverson Special Exception Permit - Compliance Deposit Dear Mr. Hoverson, Code Administration 715-386-4680 During our recent phone conversation regarding the conditions of your permit, I Land Information stated that I needed to see verification that vegetation has been established on your Planning site as well as certification from the project designer that the project has been 715-386-4674 completed as approved. On January 13th, I received such a letter along with pictures showing permanetely established groundcover on the property. I verify that Real Property the project has been completed and you are in compliance with all the conditions of 715-386-4677 your permit. Therefore, this Department will refund your $1,100 compliance deposit. The check should come to you in two to three weeks. We appreciate your Recycling 715-386-4675 cooperation. If you have any questions, I can be reached at (715) 386-4683 (8:00 A.M. to 5:00 P.M. weekdays). Respectfully, Dan Sitz Zoning Technician /ds Cc: File ST. CRoIX COUNTY GOVERNMENT CENTER 110 1 CARMICHAEL ROAD, HuDsoN, W1 54016 715-386.4686 FAX PZCaCO.SAINT-CROIX.WI.US WWW.C0.SAINT-CR01X.W1.US y j 49/o' 7 RECEIVED Storm Water Management Plan, Operation and Maintenance Agreement, and Vegeta ion 2007 29 Management Agreement OC T ST. CROIX COUNTY A condition of the special exception request granted by the St. Croix County Board of A justment on September 28, 2007 was to create the above mentioned plans and agreements for the long term maintenance of the 75 foot setback area surrounding the pond. This comprehensive document serves as those agreements/plans. This document will also be recorded as an affidavit as required. 1. A 2' wide, 1' deep, 112.5' long water "basin" will be created and maintained between the back of the house and the boarder of the wooded area of the pond. The purpose of this basin is to capture storm water runoff from the roof on the back of the house prior to it reaching the pond. 2. Rules as described in the St. Croix County Code of Ordinances Land Use and Development Chapter 17 Zoning, Subchapter III Shoreland Zoning 17.28 regarding tree cutting regulations will be followed. 3. Replacing of any removed vegetation (primarily dead, diseased, or dying vegetation) will be done with trees or other form of vegetation that are of a species native to the area. 4. Slopes will not be disturbed in this area that will lead to long term erosion problems. i ST CROIX CO &A IL UNff MMir'qk PLANNING & ZONING October 8, 2007 File Ref: SE0133 Brian Hoverson 477 Sterling Street Maplewood, MN 55119 >12: Re: Hoverson Special Exception Permit - Pre-construction Site Visit Follow-up Parcel 25.30.17.386, Town of Erin Prairie € Code Adtninistra 715-386-4680 Dear Mr. Hoverson, Land Information I am writing this letter as a follow-up to the pre-construction site visit I conducted this Planning morning with you, your builder, and your excavator. As we agreed, you will install an 715-386-4674 additional row of silt fencing to encompass the area to be disturbed for the infiltration Real Pr. _ trench to ensure that sediments don't reach the pond. This silt fence will be installed 715 -4677 prior to any filling and grading activities in this area, and you will e-mail me photos of it once it is installed. R cling -386-4675 All parties on site also agreed that no filling, grading, or stockpiling will occur in areas that currently feature wooded vegetation. As we discussed, those areas are to remain ar'x : undisturbed per the Board's decision. Q.F Finally, you provided me with a check in the amount of $1,100 for your compliance deposit. Enclosed please find a receipt. X F%F All Thank you for your cooperation and efforts in meeting the conditions of your special exception permit. Please feel free to contact me with any questions or concerns. k Sincerely, f: z Jennifer Shi lcox w4 Land Use Specialist/Zoning Administrator o: r Eric: Receipt #077883 Cc: Steve Olson, St. Croix County Land and Water Conservation Department ryP.. %k. QN ST. CROIX COUNTY GOVERNMENT CENTER 1 101 CARMICHAEL ROAD, HUDSON, WI 54016 7153864686 FAX PZPCO. SAINT--CROIX W. US WVWV. CO. SAI NT-C ROIX AM. US SfCROIX COUNTJ it A IL PLANNING ZONING : September 28, 2007 File Ref: SE0133 Brian and Wendy Hoverson 477 Sterling Street Maplewood, MN 55119 V Re: St. Croix County Special Exception - Filling and Grading in Shoreland District Parcel 25.30.17.386, Town of Erin Prairie Code Administmv 715-386-4680 4 Dear Mr. and Mrs. Hoverson: Mandl°f°`°'ad°n The St. Croix County Board of Adjustment (Board) has reviewed your special exception Planning 715-386-4674, request for filling and grading in the Shoreland District of an unnamed pond in the Town of u Erin Prairie. After the hearing on September 27, 2007, the Board approved the special Real P cty exception request with conditions. The enclosed document is the formal decision regarding the 715 4677 application. R cling -386-4675 Your 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, A ry. Jenny Shillco Land Use Specialist/ Zoning Administrator Enclosures: Formal Decision Protecting Your Waterfront Investment 11-1, cc: Clerk, Town of Erin Prairie x'.". Steve Olson, St. Croix County Land and Water Conservation Department Dan Baumann, Wisconsin Department of Natural Resources v`f v ST. CROIX COUNTY GOVERNMENT CENTER 1 101 CARM/CHAEL ROAD, HUDSON, W/ 54016 7153864686 FAX PZ000.SA/NT-CROI .W. US W W.CO.SAINT-CROIX.%,M.US • • FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE0133 Applicants: Brian and Wendy Hoverson, property owners Parcel ID 25.30.17.386 Complete Application Received: August 6, 2007 Hearing Notice Publication: Weeks of September 10 and 17, 2007 Hearing Date: September 27, 2007 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and reviewed the site the Board makes the following findings of fact and conclusions of law: 1. The applicants are Brian and Wendy Hoverson, property owners. 2. The site is located at the NW '/4 of the NW '/4, Section 25, T30N, R17W, Town of Erin Prairie, St. Croix County, Wisconsin. 3. The applicants 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 an unnamed pond to construct a single-family dwelling, pole shed, driveway and sanitary system pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. The proposed filling and grading activities encompass an area of approximately one acre on slopes less than 12 percent. 4. The site is located in the Agricultural District and within the Shoreland Overlay District of an unnamed pond, 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 construction; limiting the use of phosphorous fertilizers on the site; and maintaining and enhancing the current level of native trees, shrubs, and groundcover surrounding the pond - particularly within the 75-foot OHWM setback area - this request will be consistent with the goals and objectives of the St. Croix County Development Management Plan 2000-2020 aimed at conserving and protecting woodlands and their related benefits for wildlife habitat, 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. I 5. With the conditions listed in Finding #4 above, 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, ecology, and natural beauty of Indigo Pond. 6. All proposed structures meet the required road, sideyard, and OHWM setbacks. With conditions ensuring that the height of the dwelling and pole shed won't exceed 35 feet and 20 feet, respectively, the project will meet all dimensional standards in the St. Croix County Zoning Ordinance. 7. The Town of Erin Prairie Town Board recommends approval of this request. 8. The St. Croix County Land and Water Conservation Department finds the storm water management and erosion control plans to be adequate and recommends that the applicants record an operation and maintenance plan for the storm water measures against the property and maintain silt fence around the construction site until self-sustaining vegetation is established on all disturbed areas. 9. The Wisconsin Department of Natural Resources has informed staff that no Chapter 30 permit will be required but a NR 216 storm water permit may be required if the disturbed area reaches one acre or more, and that they have verified the OHWM of the pond on September 14, 2007 and found the proposed dwelling to be beyond the 75-foot setback. DECISION On the basis of the above Findings of Fact Conclusions of Law, and the record herein the Board approved the special exception request, with the following conditions: 1. This special exception permit allows the applicants to disturb an area not to exceed one acre on slopes less than 12 percent in the Shoreland District of an unnamed pond to construct a single-family dwelling not to exceed 35 feet in height, a pole shed not to exceed 20 feet in height, a driveway, turn around C2 area, and sanitary system 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 construction, the applicants shall secure a building permit from the Town of Erin Prairie and obtain any other required local, state, or federal permits and approvals, including but not limited to a County sanitary permit or a NR 216 permit from the Wisconsin Department of Natural Resources. 3. Prior to commencing construction, the applicants shall submit to the Zoning Administrator a surety in the form of a compliance deposit in good funds 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. 4. Prior to commencing construction, the applicants 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 applicants shall maintain silt fence around the construction site 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 a lawn on the disturbed area of the site, unless a soil test confirms that phosphorous is needed. 5. Prior to commencing construction, the applicants shall install construction fencing or another suitable barrier around the grading limits that are not already surrounded by silt fence to protect existing trees from damage during construction. 6. Prior to commencing construction, the applicants shall schedule an on-site pre-construction meeting that includes the property owners, builder, excavator, and St. Croix County Planning and Zoning and Land and Water Conservation Department staff members. Items to be discussed include but are not limited to coordinating installation of erosion control and tree protection measures, construction timelines, compliance with all other pre-construction conditions, and roles and responsibilities of all parties. 7. Within 30 days of this approval, the applicants shall submit to and have approved by the Zoning Administrator a vegetation management agreement for the long-term maintenance of existing native 2 r trees, shrubs, and ground cover surrounding the pond - particularly within the 75-foot setback area - in order to protect sensitive wildlife habitat within the primary environmental corridor and Shoreland District, screen the proposed dwelling from the pond, filter storm water runoff from the site, and stabilize and protect slopes to prevent long-term erosion and sedimentation problems. 8. Within 30 days of substantially completing construction, the applicants shall record an affidavit referencing this decision, the revised storm water management plan, an operation and maintenance agreement for the storm water features, and the vegetation management 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. 9. Within 30 days of substantially completing construction, the applicants shall submit to the %onmL Administrator photos of the site, and certification from the project designer 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 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. 11. The applicants shall have one (1) year from the date of this approval to commence construction on the project and three (3) years from the date of this approval to complete all construction, including the proposed pole shed, driveway extension, and turn around area. Failure to do so shall result in expiration of the special exception permit. If the special exception pen-nit 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 notice to the applicants 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: Struemke, yes; McAllister, yes; Nelson, yes. Luckey and Malick were not present. 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 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. 3 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: Susan Nelson, Secret (Acting s person) Date Filed: 09/28/07 I4