Loading...
HomeMy WebLinkAbout032-2083-80-000(2) TCROIX UNTr S 0 PLANNING ZONING November 1 2010 File Ref: SE87085 John & Catherine Gunther 1488 Twin Springs Rd. Houlton WI 54082 -Ar Re: St. Croix County Special Exception Request Parcel 14.30.20.830B, Town of Somerset Code Administrate 715-386-4680 Dear Mr. and Mrs. Gunther: M. Land InformationV The St. Croix County Board of Adjustment (Board) has reviewed your request for the following item: Planning t 715-386-4674 Special exception permit for filling and grading within 40 feet of a slope preservation zone Real P in the Lower St. Croix Riverway District pursuant to Section 17.36 F.3.a.5) and subject to 715 -4677 the performance standards in Section 17.36 H.5 of the St. Croix County Zoning Ordinance. R cling After the hearing on October 28, 2010, the Board approved the special request with conditions. The -386-4675 enclosed document is the formal decision regarding your special exception request. You 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. R Sin6ere y, - Pamela Quinn Zoning Specialist/ Zoning Administrator Enclosure: Formal Decision cc: Clerk, Town of Somerset Steve Olson, Land and Water Conservation Department Carrie Stoltz, WI Department of Natural Resources Laura Hojem, National Park Service a 57'. CROIX COUNTY GOVERNMENT CENTER 1 101 CARMICHAEL ROAD, HUDSON, W/ 54016 7153864686FAX PZPCO.SAINT-CROIX. M. US WWVV.CO.SAINT-CROIX.WI.US FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File Number: SE87085 Applicants: John Gunther, property owner Agent: John Schmitt, Schmitt & Sons Excavating Parcel Number: 14.30.20.830B Complete Application Received: September 3, 2010 Hearing Notice Publication: October 11 and 18, 2010 Hearing Date: October 28, 2010 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony and considered the entire record herein, the Board makes the following Findings of Fact and Conclusions of Law pertinent to the special exception request: 1. The applicant is John Gunther, property owner. 2. The site is located on Gov't. Lot 1 being Lots 34 and 35 Twin Springs Addition, Section 14, T30N, R20W, Town of Somerset, St. Croix County, WI. 3. The Town of Somerset was sent a copy of the application for review and did not make any recommendation regarding the request for filling and grading within 40 ft. of bluff line. 4. The Land & Water Conservation Dept. recommends the applicant establish a no-mow 40 foot vegetative buffer along the bluffline. This area is highly sensitive to erosion and slumping. The current condition of saturated soils due to high surface water elevation and the lack of vegetation in this buffer zone elevates the risk for slope failure. Section 17.36.H.8.e.1. requires vegetation in the bluffline setback to be left undisturbed. In addition, the buffer would infiltrate other surface water discharges and trap sediments being exported to the St. Croix River. With that said the LWCD would support the replacement of the sanitary system if the 40' bluffline setback is established and maintained. 5. The Wisconsin Department of Natural Resources representative has reviewed the plans and had no concerns about the application to replace the sanitary system and recommended the applicant follow Best Management Practices for proper erosion control. 6. The Dept. of Interior National Park Service reviewed the plans for replacement of the existing septic system. Based upon an inspection of the Gunther property by Chief Ranger Bob Whaley and Lands Specialist Laura Hojem, the NPS believes this project is permissible under the terms of the easement presently in effect on the property. The applicant needs to comply with any land use controls or requirements of the Town of Somerset, county, and DNR. 7. The applicant filed with the Board of Adjustment an application for a special exception permit for filling and grading within 40 feet of a slope preservation zone in the Lower St. Croix Riverway District in order to install a replacement POWTS for an existing legal, nonconforming residence pursuant to Section 17.36 F.3.a.5) and subject to the performance standards in Section 17.36 H.5 and 17.36.H.9 of the St. Croix County Zoning Ordinance. The applicant proposes to disturb an area of approximately 2,000 square feet to excavate for a septic/aerobic treatment tank and dose tank connected to a mound treatment component. Only the tanks and a trench for the forcemain will be within 40 feet of a slope preservation zone. A Land Use Permit #87086 was issued by county staff on September 24, 2010 for filling and grading outside the 40-foot setback necessary to install the mound portion of the POWTS and subsequently a sanitary permit was also issued. 8. The project will not entail the disturbance of any wetlands, nor will it add impervious coverage or change the drainage of the site. With conditions for protecting existing trees outside the mound area, replacing any vegetation that is removed or that die as a result of the replacement system with native vegetation, and installation of erosion and sediment control measures as required in Land Use permit #LU87086, this request will meet the standards in Section 17.36 H.5 of the St. Croix County Zoning Ordinance. 9. This request would not violate the spirit and intent of the Lower St. Croix Riverway District. Replacing an aging POWTS will reduce the risk of contamination of surface water and groundwater from septic system failure. With the conditions listed in Finding #7 above, this request would not contribute to soil erosion and would not negatively impact the exceptional scenic, cultural and natural characteristics of the Lower St. Croix River. 10. All equipment and materials would be brought into the site via Twin Springs Road. For reasons in Finding #8 above, this request would not be contrary to the public health, safety, or general welfare or be substantially adverse to property values in the neighborhood, nor would it constitute a nuisance by reason of noise, dust, smoke, odor, or other similar factors. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board has approved the special exception with the following conditions: 1. This special exception allows the applicant to install a septic/aerobic treatment tank and dose tank for a replacement POWTS within 40 feet of the slope preservation zone. All work shall be done in accordance with the conditions below. The total disturbed area for the entire project shall not exceed 2,000 square feet. Approval of the special exception permit does not include any additional structures, vegetation removal, filling and grading, or other activities within the slope preservation zone. 2. The Town of Somerset and any other aggrieved party may request a reconsideration of this decision 15 days prior to the next regularly scheduled Board of Adjustment meeting in accordance with the St. Croix County Board of Adjustment Rules and By-Laws. 3. Prior to commencing construction of the POWTS, the applicants shall secure any other required local, state, or federal permits and approvals, including but not limited to a sanitary permit. 4. Prior to commencing any excavation activities, the erosion control measures required in Land Use Permit #87086 shall be installed and maintained until the disturbed areas have been stabilized with permanent native vegetation. During construction, the smallest amount of bare ground shall be exposed for as short a time as possible. Temporary ground cover such as mulch shall be used until permanent native vegetative cover is successfully established. Phosphorous fertilizers shall not be used to establish and maintain vegetation on the disturbed area of the site, unless a soil test confirms that phosphorous is needed. 5. The applicant shall establish a no-mow 40 foot native vegetative buffer along the bluffline 6. 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 prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the variance approval process. 7. The applicant shall have one (1) year from the issuance of these approvals to commence installation of the replacement POWTS and two (2) years to complete it. Failure to do so may result in expiration or revocation of this decision, after which time the applicant will be required to secure a new variance before starting or completing the project. 8. 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 proper notice to the applicant and an opportunity for a hearing. 9. 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: Chairman Malick, yes; Nelson, yes; Hurtgen, yes; Peterson, yes; McAllister, absent. 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(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. 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: 06,uc- - 2hl=~- Date Filed: 11/01/2010 Clarence W. "Buck" Malick, Chairperson i