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HomeMy WebLinkAbout018-1092-05-000 (2) ST CROIX COUNTY N September 15, 2009 File Ref: SE0127 John & Debra Beard PO Box 484 Baldwin, WI 54002 Re: Beard Special Exception Permit - Compliance Deposit Dear Mr. & Mrs. Beard, Code Administratioli 715-386-4680 Thank you for meeting with Kevin McCoshen, Steve Olson, and myself on September 14th to conduct a final inspection of your property. During the Land Information inspection, we determined that the required rain gardens are now functioning Planning 715-386-4671 properly' Please ensure that the provisions of the long-term stormwater management and maintenance agreement for the property are taken care of. In Real Property addition, please contact this Department before making any changes to the 715=386-4677 condition of your property, such as constructing new structures or paved areas. Recycling I verify that the project has been completed and you are in compliance with all of 715-386-4675 the conditions of your permit. Therefore, this Department will refund the $1,100 compliance deposit to Symmetry Homes. The check should be sent in about two weeks. Thank you for your 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, oDa,- Dan Sitz Zoning Technician Cc: Kevin McCoshen, Symmetry Homes, Inc. Steve Olson, St. Croix County Land and Water Conservation Department Clerk, Town of Hammond File ST. CROIX COUNTY GOVERNMENT CENTER 1 101 CARMICHAEL ROAD, HUDSON, W/ 54016 71X386,4686 FAX PZCaCO. SA1NT-CROIX. W1. US W W W . C O. SAI NT-C ROIX. W I. U S S CROIX COUNII A._ PLANNING ZONING August 2, 2007 File Ref: SE0127 John and Debra Beard 24413 S Ribbon Wood Road Sun Lakes, AZ 85248 Re: St. Croix County Special Exception - Filling and Grading in Shoreland District Parcel 01.29.17.737, Town of Hammond Code Administratiov 715-386-4680 Dear Mr. and Mrs. Beard: Land Infortnation 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 Pine Lake in the Town of Hammond. After the hearing on July 26, 2007, the Board approved the special exception Real Property request with conditions. The enclosed document is the formal decision regarding the 715-386-4677 application. Recycling 715-386-4675 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, Jenny Shillco Land Use Specialist/ Zoning A inistrator Enclosures: Formal Decision Protecting Your Waterfront Investment cc: Kevin McCoshen, Symmetry Homes, Inc. Troy Nemmers, Humphrey Engineering, Inc. Clerk, Town of Hammond Steve Olson, St. Croix County Land and Water Conservation Department Dan Baumann, Wisconsin Department of Natural Resources ST. CROIX COUNTY GOVERNMENT CENTER 1 101 CARMICHAEL ROAD, HUDSON, Wi 54016 715386-4686 FAX P.7 0C-0. SAINT CROIX. W. US MAW . C0. SAI NT--,--RC I X.VVI . US ~ i FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE0127 Applicants: John and Debra Beard, property owners Parcel ID 01.29.17.737 Complete Application Received: June 4, 2007 Hearing Notice Publication: Weeks of July 8 and 15, 2007 Hearing Date: July 26, 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 John and Debra Beard, property owners, with Kevin McCoshen, Symmetry Homes, Inc. and Troy Nemmers, Humphrey Engineering, Inc., acting as their agents. 2. The site is located on Lot 5 of the Pine Lake Subdivision at the W % of the NE '/4 of Section 1, T29N, R17W, Town of Hammond, 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 Pine Lake to construct a single-family dwelling, two accessory structures, and to install a driveway and sanitary system pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. 4. The site is zoned Ag Residential and is within the Shoreland Overlay District of Pine Lake. It is also located within a primary environmental corridor as identified by the St. Croix County Development Management Plan 2000-2020. A County park is located along the lake due in part to the value of the lake as an important fishery. Conservation easements have also been established by residents along large portions of the shoreline to protect the special features of the lake and the primary environmental corridor. With conditions for implementing and maintaining proper erosion control measures before, during and after construction; and re-vegetating the disturbed area with trees at the same density and consisting of the same species as the trees removed, the 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. 5. With conditions for implementing and maintaining proper erosion control measures before, during, and after construction; and re-vegetating the disturbed area with trees at the same density and consisting of the same species as the trees removed, this request will not violate the spirit or intent of the St. Croix County Zoning Ordinance and will meet the requirements of Sections 17.70(7)(a) and 17.70(b) of the Shoreland District regarding potential negative impacts to the water quality, ecology, and natural beauty of Pine Lake, except as indicated in Condition #6 below. 6. The proposed filling and grading activities encompass an area of approximately 24,000 square feet on slopes less than 20 percent within 1000 feet of the OHWM of Pine Lake, not including the sanitary system. According to the applicants' agent, the exact location and design of the sanitary system will be completed during the system design and the disturbed area was represented to be approximately 3,000 square feet, bringing the total disturbance to 27,000 square feet. The Board finds this amount, which would encompass nearly half of the lot, to be excessive in view of the standards in Section 17.70(7)(b) of the St. Croix County Zoning Ordinance and given the sensitivity of the site. 7. The proposed single-family dwelling, accessory structures, and retaining walls meet all required height limitations and setbacks, and no filling and grading or tree removal is proposed to occur within 50 feet of the OHWM of Pine Lake. 8. As part of their application, the applicants propose to use one of the accessory structures as a studio. Plans for the studio include a restroom, kitchenibar area, and attached room for which the use has not been designated. The St. Croix County Zoning Ordinance defines a habitable structure as "any structure or portion thereof used or designed for occupation by humans for the purpose of cooking, eating, sleeping, recreation, and general living periods. " Accessory apartments, secondary dwellings, and other types of habitable space within accessory structures are prohibited in the Ag Residential District and within the Shoreland Overlay District. With conditions prohibiting such use on the site, this request will comply with the requirements of the Ordinance. 9. The Town of Hammond Town Board recommends approval of this request. 10. The St. Croix County Land and Water Conservation Department finds the storm water management and erosion control plans to be adequate for the site and recommends that the applicants record an operation and maintenance plan for the storm water measures against the property, maintain silt fence around the construction site until self-sustaining vegetation is established on all disturbed areas, and maintain a 35- foot vegetative buffer adjacent to the OHWM of Pine Lake. 11. The Wisconsin Department of Natural Resources has reviewed the application and has verified that the project does not require a permit under Wisconsin Administrative Code NR 341 and is exempt from Chapter 30 permit requirements. The Department concurs with staff's comments to the applicants that vegetation removal be kept to a minimum, particularly around the shoreline of Pine Lake, and that guest houses are not allowed per the St. Croix County Zoning. Ordinance. 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 24,000 square feet on slopes less than 20 percent in the Shoreland District of Pine Lake to construct a single-family dwelling not to exceed 35 feet in height, two accessory structures not to exceed 20 feet in height, and to install a driveway 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 (including filling and grading to install the sanitary system), tree removal, structures, uses such as home occupations or habitable space within an accessory structure (see Condition #9 below), or other development activities. 2. Prior to commencing construction, the applicants shall secure a building permit from the Town of Hammond and obtain any other required local, state, or federal permits and approvals, including but not limited to a County sanitary permit. 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 2 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 submit to and have approved by the Zoning Administrator revised grading, erosion control, and storm water management plans to show the sanitary system within the limits of the 24,000-square foot approved disturbed area. 5. 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. 6. Prior to commencing construction, the applicants shall submit to and have approved by the Zoning Administrator a vegetation management plan showing the location, species, and size of replacement trees for those to be removed. The replacement trees should be planted in appropriate locations around the perimeters of the proposed structures, ponds, and driveway at the same density and consisting of the same species as the trees removed. Replacement trees must have a minimum width of 2 inches DBH. The plan should also include an understory of smaller native trees and shrubs and native ground cover in order to restore sensitive wildlife habitat within the primary environmental corridor and Shoreland District, and stabilize and protect slopes to prevent long-term erosion and sedimentation problems. The plan shall also include a timeline for planting, as well as a maintenance and operation agreement for the long-term care of all native vegetation on the site. 7. 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. 8. Prior to commencing construction, the applicants shall schedule an on-site pre-construction meeting that includes the property owners, architect, contractor, engineer, 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. 9. No accessory structures shall have living quarters - including household appliances, kitchen plumbing fixtures/ sinks, and household furniture. 10. Within 30 days of substantially completing construction, the applicants shall record an affidavit referencing this decision, the storm water management plan, the vegetation management plan, and the operation and maintenance agreements 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. 11. Within 30 days of substantially completing construction, the applicants shall submit to the Zoning Administrator photos of the site, interior photos of the proposed studio and garage, and certification 3 • 0 from the project engineer or registered landscape architect that the project has been completed as approved. 12. 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. 13. The applicants shall have one (1) year from the date of this approval to commence construction and two (2) years from the date of this approval to complete it. Failure to do so shall result in expiration of the special exception permit. If the special exception permit 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. 14. 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. 15. 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: Malick, yes; Struemke, yes; McAllister, yes; Nelson, yes. Luckey was 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. 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: Clarence W. Malick. Chairpers Date Filed: 08/02/07 4 St. Croix County * 8 9 9 2(~6 4 2 AFFIDAVIT OF STORM WATER 899264 MANAGEMENT & MAINTENANCE BETH PABST Document Number Document Title REGISTER OF DEEDS ST. CROIX CO., WI RECEIVED FOR RECORD 07/02/2009 09:OOAM AFFIDAVIT EXEMPT 1« REC FEE: 13.00 PAGES: 2 Recording Area Name & Return Address: J John and Debra Beard PO Box 484 Baldwin, WI 54002 Parcel No. 018-1092-05-000 I r Beard Residence Long-term Storm Water Management Maintenance Provisions r~ F --e d 13 Kevin SITE NAME Beard Residence St I (Y) YY~~ 14o ~S -Tr)- PROPERTY LEGAL DESCRIPTION `7 Lot S - Pine Lake Subdivision, located in part of Section 1, T29N, R17W all in the Town of Hammond, St. Croix County, WI. RESPONSIBLE PARTY The Home Owner is responsible for satisfying the provisions of this agreement throughout the construction, and for the duration of storm water systems existence. PERMANENT COMPONENTS OF THE STORM WATER SYSTEM The stormwater system consists of the following components: + Storm water rain garden areas + Rain garden outlet structures + Driveway culverts INSPECTION AND MAINTENANCE All components of the stormwater system shall be inspected at least semiannually in early Spring and early Autumn. Repairs will be made whenever the performance of any of the storm water components is compromised. Repairs shall include, but not be limited to, repairing eroded areas, re-seeding of native vegetation, and removal of accumulated sediment. PROHIBITIONS Mowing in pond banks and drainage ways will be minimized in order to maximize filtration of runoff. If occasional mowing is necessary, the mowing height will be no shorter than four inches. Applications of fertilizers, herbicides, pesticide or other chemical applications are prohibited on pond banks and along drainage ways. Phosphorus free fertilizers may be used on the remainder of the lawn areas. DUTY TO PROVIDE MAINTENANCE The County shall have the authority to inspect and maintain all components of the stormwater system if the Home Owner fails to comply with these provisions. SIGNATURES The undersigned agree to the provision set forth in this agreement. I tiome Owne A) Name plll/N~p~~ i Title 9/~/r~7 ;o U e Date ,oQa • Y a % 4