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HomeMy WebLinkAbout032-2083-80-000 (3) . CROIX u4y PLANNING & ZONING September 24, 2010 File#: LU87086 John & Catherine Gunther E]FILE COPY 1488 Twin Springs Rd. Houlton, WI 54082 Re: Land Use Permit for filling & grading <10,000 sq. ft. CodeAdministra in the Ag-Res and Lower St. Croix Riverway Districts 715-386-4680 Parcel #14.30.20.8306, Lots 34 & 35 Twin Springs Addition Town of Somerset Land Information Planning Dear Mr. & Mrs. Gunther: 715-386-4674 This letter confirms zoning approval according to plans submitted on September 715Real-3 Prope 677 3, 2010 for the following activities that require a land use permit: Reding To fill and grade <10,000 sq. ft. >40 feet outside slope preservation zones 7,.,'5-386-4675 in the Lower St. Croix Riverway District pursuant to Section 17.36.F.2.a.2 of the St. Croix County Zoning Ordinance and standards in Section 17.36.H.5. According to the plans you submitted on September 3rd, the proposed project consists of excavation for a Private On-site Wastewater Treatment System (POWTS) to replace a failing system of unknown age. A sanitary permit application has been submitted by the applicant's agent for staff review and approval in compliance with Chapter 12 of the ordinance. A special exception permit application has been submitted to address the need for excavation within 40 feet of the bluffline to replace the existing septic tank. Staff finds that the proposed activities meet the applicable St. Croix County Zoning Ordinances and the Lower St. Croix Riverway District based on the following findings: 1. The property consists of 2 substandard lots in the Twin Springs development, is zoned Ag/Residential, and is located in the Rural Residential Management Zone of the Lower St. Croix Riverway District; 2. The proposed filling and grading for the mound portion of the POWTS is more than 200 feet from the OHWM of the St. Croix River and greater than 40 feet from the bluffline; 3. The applicant's agent, John Schmitt, will implement approved plans during excavation for the replacement POWTS; ST. CRO1X COUNTY GOVERNMENT CENTER 110 1 CARMICHAEL ROAD, HUDSON, W1 54016 715386-4686 FAx PZ0C0. SA1NT-CR01x Wl. US W W W. C O.SAI NT-C R OIX. W I. U S 4. E ava ion require or remova o e o septic an an installation o new sep is aero is t atment unit and dose tanks will be within 40' of the slope preservation zone, which requires ecial exception approval per Section 17.36.F.3.a.5) and a special exception application s submitted on September 3, 2010; 5. The osed excavdfid~ bh' cl n tallation of a mound for wastewater treatment will result in ap ately 1,100 sq. ft. of land disturbance that will not be within 40 feet of a slope pr tion zone; 6. The itary permit application has been submitted for review and approval by Zoning staff and I include a condition that the land use permit be issued prior to excavation for the moun 7. Steve son, Land & Water Conservation Dept., reviewed the application and visited the site on 7/10. He recommends the applicant establish a no-mow vegetative buffer along the 40 bluffline setback and is in support of the replacement sanitary system if the vegetative uffer is established and maintained per Section 17.36.H.8.e.1. With conditions that the area below the mound remain undisturbed and seed and mulch be applied to disturbed areas upon completion of the excavation for mound installation, the project will meet requirements in Section 17.36.H.5a.4.; 8. The Wisconsin Department of Natural Resources has reviewed the application and has no objections to the sanitary replacement project; 9. 1 nstructed as proposed, this project will meet the spirit and intent of the Lower St. Croix Ri Tway District. It will not degrade the scenic, recreational, or natural values of the St. Croix R` er Valley, nor will it negatively affect the public health, safety and welfare of County eidents. This la use permit approval is for abandonment of an existing septic tank and drainfield and installa n of a replacement mound POWTS, as indicated in the plans submitted, and as provided in the ditions below: 1. Th pplicant's agent shall install adequate erosion and sediment control barriers along the ffline to intercept any runoff from the proposed work area prior to commencing inst " ion of the mound for the replacement POWTS. 2. Prior' . commencing excavation for installation of the mound, the applicants and/or their ge al contractor shall obtain any other local, state, or county permits required, including but of limited to a sanitary permit; 3. applicant and their agent(s) shall comply with all inspection requirements for the POWTS pursuant to Chapter 12 of the county ordinance and Dept. of Commerce Comm 3 regulations. ST. CROIX COUNTY GOVERNMENT CENTER 1 10 1 CARMICHAEL ROAD, HUDSON, Wi 54016 715-386-4686 FAX PZPCO. SAINT-CROIX. W1. US W W W. C O. SAI NT-C ROIX. W 1. US 4. T curren eve o na ive trees, shrubs, an groun cover a ong e Bluff an wi rn - f t buffer shall be maintained pursuant to Section 17.36.H.8.e.1. Vegetation removal for t e mound will be outside the bluffline setback and disturbed areas will be seeded and Iched upon completion of the replacement POWTS. Maintaining an undisturbed ve tive buffer will comply with requirements in the mound component manual to pro oil compaction within 15 feet down slope of the mound's basal area. 5. All ities approved as part of this land use permit shall commence within one year from the e of approval and be substantially completed within two years, after which time the it expires pursuant to Section 17.36 J.7 of the Ordinance. Prior to expiration, the appli nt may request extensions of up to six months from the Zoning Administrator. The total e granted for extensions shall not exceed one year. 6. Failur o comply with the conditions above may result in the revocation of this permit pu ant to Section 17.36 J.8.b of the Ordinance. This proval does not allow for any additional construction, grading, filling, or clearing of v etation beyond the limits of this request. Any remaining site work above and beyond what is ' entified as part of this land use permit application shall be subject to the review and approval of he Zoning Administrator. ur information will remain on file in the St. Croix County Planning and Zoning Department. It is yo sponsibility to ensure compliance with any other local, state, or federal rules or regulations. Please I free to contact me with any questions or concerns. Si amel uinn Zoning ecialist as Zoning Administrator Enc: d Use Permit # LU87086 Cc: Cle Town of Somerset Stev Ison, St. Croix County Land and Water Conservation Department Card oltz, Wisconsin Department of Natural Resources Joh hmitt, Contractor/Agent Sr. CRO/X COUNTY GOVERNMENT CENTER 1 101 CARM/CHAEL ROAD, HUDSON, W/ 54016 715386,4686 FAX PZ@CO. SAINT-CRO/X W/ US WWW.CO.SAINT-CROIX WI US i o Cl) f .w. ~D O O _ O W ' N -h 2 C ' n o y = =r o CD n O -h y y y cD Q) OMOL Imm" rMIL CD CD ~D O Cl) rMIL (D M o rolL 0 ~ . p O O -I y > U) N cr y M < cD O •4 M n to y. •I a CD p . U) rMI; b IMMOM O• N rMIL . v\ r MIL \ y~ 0 09 I ~yr~; ~ Yip . I: { ~ _ i' I" i f k! i' 1 k. i i, E: f' 't . ~~1 - - ' E, { f . Y ~ ~ ~ _ ~ k(+ C fly. x fi i ~ ~ { ~ ~ s i CR®IX C®UN • • File ST' TY SPECIAL EXCEPTION Office use only &A IL Revised 12-15-06 Planning A'Zoning APPLICATION 41 k. rte,.,C^"<MM, I ~~Nt?`Sj. i -+'"tr~ ZrC:ta+rcbd~r 't... Property Owner: JJ Qi4 Ili C (A T(4 Contractor/Agent: 3-014M :5 c q in (r r Mailing Address: 111YW1N 5?,e 65 RkMailing Address: 6 16 1-5-07'14 hoe, #0(4(_7-01U W r Syd 8Z 15o n l e oes E?- kVj ,S YO r S Daytime Phone: (715-) " 5q j '6 6 6 Z Daytime Phone: (7/S oZ q 7 Cell: 451 ) - Y31 -10 7_3 Cell: ( /S - -76 D - © y f C E-mail: E-mail: ~tn t~ I sons-"e to f Site Address: KJ /N -SPeI i0&S 4/4 9 o Proper' ocat4dohr: 1/4, 1/4, Sec. I Lt , T.3() N., R. 2 0 W., Town of es6'Yh2yt't-t-'~ Computer 03 Z - Za 63 - Q- 0EV Co Parcel _ 24 LANDJ.;INFCRMR►TIQN y Zoning District: (Check one): AG. ( ) AG. II ( ) AG. RES. ~4RESIDENTIAL COMMERCIAL INDUSTRIAL Overlay District: (Check all that apply): 64 SHORELAND Yy RIVERWAY FLOODPLAIN ADULT ENTERTAINMENT State the nature of your request: rf'0 6f00 S.-F, o/H'/ 'e, Q (0~ Zonin O durance Reference/ 7 ?6. 0C resQr a - zzv - ❑ More than one request with this application? (See the supplemental fee amount below and attach the appropriate addendums.) FEES Application Fee: S3 59 $ 1.100 Supplemental Fees: ,x,1.73 x of additional requests) $ .S4 Total Fees: $ ! .15z I attest that the information jonineedin this app ' i is true and correct to the best of my kno~jwledgge. Property Owner Signature: Date / =-7 06 /o Contractor/Agent Signature: Date p'-3-001D OFFIC " SE O Pre-application Meeting: _!2l 2-/ ~d With: r ti Complete Application Accepted: By: Fee Received: Receipt Scheduled Hearing Date: 715-386-4680 St. Croix County Government Center 715-386-4686 (Fax) PUD-CO.SAINT-CROMWI.OS 1101 Carmichael Road, Hudson, W154016 WWW O SAINT-CROIX.WI.US s. VAV Pursuant to the St. Croix County Zoning Ordinance Section 17.70(7), please answer the following questions to justify the approval of your request (attach additional paper if necessary): 1) Describe the details of your request. 2) Describe the impact of your request on the enjoyment and value of surrounding properties. If there is no impact, explain why. 3) Describe the compatibility of your request with the uses and character of the surrounding area. 4) Describe how your request is consistent with the spirit and intent of the zoning district in which your property is located. (Please refer to the purpose statement, for your zoning district in the St. Croix County Zoning Or(linance.) Page 2 of 4, Rev. December, 2006 5) Describe how your request will impact public health, safety, and general welfare. What measures will you take to minimize any negative impacts? 6) How will you ensure that your request will not constitute a nuisance by reason of dust, smoke, odor, or other similar factor? What measures will you take to prevent a nuisance? 7) Additional comments: HE°FOLL't?WINC IUSES4REQUIRL A► SUPPLEMENTFAL INFt-E)R AIT'ION SHEET'( ) Major Home Occupation Contractor Storage Yard Airstrip ( ) >I Animal Unit/Acre O Filling & Grading O Wireless Communication Tower ( ) Nonmetallic Mining O Adult Entertainment O Commercial/Industrial District Use ( ) Lower St. Croix Riverway Shoreland Floodplain O Junk/Salvage Yard, Kennel, Slaughterhouse, or Limited Commercial Recreational Use Page 3 of 4, Rev. December, 2006 P IM, APPLICATION: The deadline for application submittals is the first Monday of the month before the regularly scheduled St. Croix County Board of Adjustment meeting. The Board of Adjustment generally meets on the 4"' Thursday of the month. Applications will not be accepted until the applicant has: • met with the Zoning Administrator to review the application; • submitted the original plus 12 copies of the completed application to the Zoning Administrator; • resolved any land use violations and paid any outstanding fees owed to the Planning and Zoning Department; • signed the application form (the signatures of the property owners and agents acting on their behalf are required), and • submitted the appropriate application fee (nonrefundable) payable to the St. Croix County Planning and Zoning Department. REVIEW: The Zoning Administrator will review the application for completeness and assign a file number to the application. The Zoning Administrator may require additional information and will notify the applicant of this within 10 days. Upon receiving a complete application and supporting documents, the Zoning Administrator will: • schedule a public hearing with the St. Croix County Board of Adjustment and notify the applicant by mail of the date and time of the public hearing; • notify adjoining property owners of the applicant's request; • publish a public hearing notice in the local paper; • send copies of the applications to the appropriate town and reviewing agencies for comment. Applicants are encouraged to contact their town and attend their town meeting to discuss their application; • schedule a site visit to the applicant's property, at which time the applicant shall flag all applicable property/project corners and label the flags accordingly; and • prepare a staff report on the application. The staff report will be mailed to the applicant and will be available for public review during the week prior to the public hearing. ACTION: Special exception use permits are granted at the discretion of the St. Croix County Board of Adjustment. They are made available to validate uses that, while not approved within the zoning district in question, are deemed to be compatible with approved uses and/or not found to be hazardous, harmful, offensive or otherwise adverse to other uses. Special exceptions are subject to conditions, compatibility with surrounding land uses, and compliance with the St. Croix Zoning Ordinance. At the public hearing, the applicant may appear in person or through an agent or an attorney of his/her choice. The applicant/agent/attorney may present testimony, evidence and arguments in support of his/her application. The fact that an application for a permit has been filed does not automatically mean that a permit is granted. Upon the Board making a decision on the application, the Zoning Administrator shall notify the applicant of the decision in writing. All site plans, pictures, etc. become the property of the Zoning Department and will remain in the file. a Y+l' ❑ Completed and signed application form with fee. ❑ Addendum for additional requests and/or supplemental information sheet (if required). ❑ Recorded Warranty Deed (may be obtained at the Register of Deed's office). ❑ A complete site plan prepared by a registered surveyor showing: • project location in the town; • lot/parcel dimensions with property lines and all applicable setbacks; • minimum of 10-foot contours as determined appropriate by the Zoning Administrator; • location of all existing and proposed structures and their square footage and distance from setbacks; • location of existing and proposed POWTS, wells, driveways, parking areas, access, signs, and other features; and • location of navigable waterways with accurate OHWM, delineated wetlands, floodplains, bluff lines, slopes in excess of 12%, wooded areas, and any other unique limiting conditions of the property. ❑ Other information: NOTE: All maps, plans, and engineering data shall be no larger than 11" x 17". No covers, binders, or envelopes. Staple or paperclip your application in the upper left-hand corner. Page 4 of 4, Rev. December, 2006 Schmitt and Sons Excavating Inc. 586 Valley View Trail Somerset, W154025 I Applicant: John & Catherine Gunther Agent: John Schmitt 1488 Twin Springs Rd. 616 150th Ave. Houlton, WI 54082 Somerset, WI 54025 Permit Request: Special Exception Permit for filling and grading within 40' of the Slope Preservation Zone within the Lower St. Croix Riverway District as required by 17.36 F.3.a.5 Project Location The site is located in Gov't lot 1 Section 14, T.30N., R.20W., Town of Somerset, St. Croix County WI., identified by the St. Croix County Real Property Listers Office as parcel #032-2083-80-000. The site consists of lot 35 and lot 34 except the North Easterly 25' of lot 34 Twin Springs Addition, Town of Somerset. The residence and the project area are located approximately 80' landward of the St. Croix River at an estimated elevation of 50' above the water level. Proiect Description: The project will consist of installing 3 tank compartments (septic, pretreatment and dose tank) within 40' of the bluff line. The disturbed area within 40' of the bluff line will be approximately 800 sq. ft. If possible the 2" force main will be installed with a chain trencher to minimize the disturbed area. The remainder of the project will consist of constructing a 28'X44' Mound Soil Absorption System that will be more than 40' from the slope preservation zone. The area disturbed for the mound will be approximately 1100 sq. ft. The total area of disturbance will not exceed 2000 sq. ft... No trees will be removed within 40' of the slope preservation zone. One 16" oak and one 6" elm will need to be removed to construct the mound. All excavated subsoil and topsoil will be replaced immediately upon completion of the installation. All areas that have been disturbed will be seeded and covered with mulch immediately upon completion of the installation. Any sloped areas subject to erosion will be covered with excelsior blankets and augmented with erosion control fences. ` rn 3.27S ma 607 WARRANTY DEED j DOCUMENT NO. SGS9'~3 R' OFF ICE. CRQUCn.. Wi This Deed made between John R. Gunther and Catherine A. OV 2 5 1997 Gunther, husband and wife and each in their own right, Grantors and 9;.30 AM John R. Gunther an&Catherine A. Gunther, husband and wife as survivorship =,ital property, Grantees, 4. o..a. Witnesseth, That the said Grantors, convey to Grantees the following described real estate in 5t. Croix County, State of Wisconsin: Lot 34 and Lot 35 Except the Northcasterly 25 feet of said Lot 34 of Twin Springs Addition in the Town of Somerset, St. Croix County, Wisconsin. i y RETURN TQ: This deed is given to create survivorship marital property. Mudge, Porter, Lundeen & Se uin, S.C. s 110 Second Street Hudson, WI 54016 v. Tax ID# 032208380 v 032208390 This is homestead property. Together with all and singular the hereditaments and appurtenances thereunto belonging; ` And John R. Gunther and Catherine A. Gunther warrant that the title is good, indefeasi' le in fee simple and free and clear of encumbrances, and will warrant and defend same. Dated this AI& day of November, 1997 ~SE.AL) Vn R, Gunther • r/• , (SEAL) Catherine A. Gunther STATE OF WISCONSIN ) ) ss. ST. CROIX COUNTY Personally came before me this l3 day of November, 1997, the above-named John R. Gunther and ~ Catherine A. Gunther, to me known to be the persons who executed the foregoing instru~itent and acknowledged the same. Notary Public, State of Wisconsur My Commission .•%v ,4-e.4 ' THIS INSTRUMENT DRAFTED BY: D. Peter Seguin MUDGE, PORTER, LUNDEEN & SEGUIN, S.C. 110 Second Street, Post Office Box 469 Hudson, Wisconsin 54016 f GuN--roE(e P/68 7-w i lu Sf'ieliv& (Z©~e ILIOU LT010" W l SS/OZ~ I C. 7q- I N Q I ~ ~ o ,p, Z I I ~ o ~9 - R, I Z 4- / O 9 / R, rm 00 ( v ' C~ T► Z r m ~ ~ 4+, I z \ 1 \ \ ~ ~ -i ~ fi -L> \ a z> v Co ► / ~ I ~ y / l O 1 1 y ~ ' 1 L 0 cof o' m O s( C mb C 8 0 Ki br) c 1 ~ i a r 3 f (D ~88 ~ O <D \51`4 1 , Y , , i rl) L.. f ,1 i a ~ , C y , t~ * ._..TM : J , z , f' _