HomeMy WebLinkAbout020-1439-35-000(2)
SfCROM COUNT?
PLANNING & ZONING
April 1, 2008 File Ref: SE0160
Christopher and Traci Leffner
2234 White Pine Road
Hudson, WI 54016
Re: St. Croix County Special Exception _ Filling and Grading in Shoreland District
Parcel 25.29.19.2761, Town of Hudson
Code Adrninistrati
715-386-4680 Dear Mr. and Mrs. Leffner:
Land lnformation The St. Croix County Board of Adjustment (Board) has reviewed your requests for the
Planning
715-386-4674 g, following items:
• F
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Real p rt item #1: Special exception for filling and grading an area exceeding 10,000 square
715 °-4677 feet in the Shoreland District of Indigo Pond pursuant to Section 17.29(2)(d) of the
R g St. Croix County Zoning Ordinance.
,o-386-4675
Item #2: Variance for construction and land disturbance affecting slopes of 25
percent or greater in the Shoreland District of two ponds pursuant to Section
17.29(2)(e) of the St. Croix County Zoning Ordinance.
After the hearing on March 27, 2008, the Board approved both requests with conditions. The
t<:::• enclosed document is the formal decision regarding the application. ~
You must obtain any other required local, state, and federal permits and approvals. Feel free to
contact me with any questions or concerns.
u Sincerely,
envy Shill ox
Land Use Specialist/ Zoning Administrator
Enclosures: Formal Decision
cc: Steve West, Landsted, LLC, agent
Clerk, Town of Hudson
Steve Olson, St. Croix County Land and Water Conservation Department
Came Stoltz, Wisconsin Department of Natural Resources
ST. CRO/X COUNTY GOVERNMENT CENTER
1 101 CARMICHAEL ROAD, HUDSON, W/ 54016 7153864686 FAx
PZL2CO.5AINT-CR01X. W. US WWW.CO.SAINT-CRON.WI.US
FINDINGS CONCLUSIONS AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File: SE0160
Applicants: Christopher and Traci Leffner, property owners
Parcel ID 25.29.19.2761
Complete Application Received: February 14, 2008
Hearing Notice Publication: Weeks of March 9 and 16, 2008
Hearing Date: March 27, 2008
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 both requests (Items #1 and #2):
1. The applicants are Christopher and Traci Leffner, property owners, with Steve West, Landsted, LLC,
acting as their agent.
2. The site is located at the SE '/4 of the NE '/4, Section 25, T29N, R19W, Town of Hudson, St. Croix
County, Wisconsin.
3. The Town of Hudson Town Board recommends approval of the requests.
4. 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.
5. The Wisconsin Department of Natural Resources has reviewed the application and verified that the
project does not require permits under Chapter 30 or NR 216.
Item #1 Special Exce tin onl:
The Board makes the following Findings of Fact and Conclusions of Law pertinent to the applicant's special
exception request for filling and grading in the Shoreland District (Item #1):
6. 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 Districts of Indigo Pond and
an unnamed pond to construct a single-family dwelling, 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 33,590 square feet on slopes ranging from less than 12 to
over 25 percent. Of the total project area, an area of nearly 5,000 square feet will be disturbed on slopes
of approximately 28 percent to install the driveway, which will require a variance (Item #2).
7. The site is located in the Shoreland Overlay Districts of Indigo Pond and an unnamed pond, is adjacent
to public land owned by the US Fish and Wildlife Service, 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 on the site - particularly on steep slopes - this
request will be consistent with the goals and objectives of the St. Croix County Development
Management Plan 2000-2020 aimed at 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.
S
8. 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 all applicable requirements in Sections 17.70(7)(a) and
17.70(b) of the Ordinance.
9. The proposed dwelling will be located over 250 feet from the OHWM of the closest pond, which is
well over the required 75-foot setback.
Item #2 (Var_ is
The Board makes the following Findings of Fact and Conclusions of Law pertinent to the applicant's variance
request for filling and grading on slopes exceeding 25 percent in the Shoreland District (Item #2):
10. The applicants filed an application with the Board of Adjustment for a variance for land disturbance
affecting slopes of 25 percent or greater in the Shoreland District of two ponds pursuant to Section
17.29(2)(e) of the St. Croix County Zoning Ordinance. Approximately 5,000 square feet within the total
31,490-square foot project grading limits is comprised of slopes of approximately 28 percent, which
will need to be disturbed to install the driveway.
11. The primary public purposes of the slope restrictions in the Shoreland District are to further the
maintenance of safe and healthful conditions through limiting development to those areas where soil
conditions and geologic conditions will provide a safe foundation and to prevent and control water
pollution. The applicants have submitted storm water management and erosion control plans designed
to protect the steep slopes and minimize erosion and sedimentation.
12. Literal enforcement of the provisions of the Ordinance would create an unnecessary hardship due to the
unique physical characteristics of the property. The applicant's lot is a legally created lot located at the
end of a cul-de-sac with -100 feet of frontage along the cul-de-sac. The slopes adjacent to the cul-de-
sac are steep, ranging from -25 percent to -32 percent, and there is no way to access the site without
crossing them. A portion of the slopes closest to the right-or-way are man-made and were created when
the cul-de-sac was constructed, but the remaining slopes are natural and cannot be avoided. These
slopes are physical characteristics that were not self-created by any actions of the property owners.
Denying this variance would deprive the applicants' use of their lot for a single-family dwelling.
13. The applicants are requesting minimal relief from the standards in the Ordinance. The driveway will be
located along the west end of the lot where the slopes are not as steep and has been designed to disturb
the least amount of land as possible while still providing safe access to the lot from the cul-de-sac.
14. Substantial justice would be done by allowing the applicant to use the property for a single-family
dwelling, which is a permitted use in the Shoreland District.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved both
requests, with the following conditions:
1. This special exception permit and variance allows the applicants to disturb an area not to exceed 33,590
square feet on slopes ranging from less than 12 to over 25 percent in the Shoreland District of two
ponds to construct a single-family dwelling 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, tree removal, structures, uses, or other
development activities.
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2. Prior to commencing construction, the applicants shall secure a building permit from the Town of
Hudson and obtain any other required local, state, or federal permits and approvals, including but not
limited to a County sanitary permit and any necessary permits from the Wisconsin Department of
Commerce.
3. Prior to commencing construction, the applicants shall submit to the Zoning Administrator a surety in
the form of a cash compliance deposit 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 reinforced 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 fencing or another suitable barrier around
the grading limits that are not already surrounded by silt fence to protect 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 decision, the applicants shall submit to and have approved by the Zoning
Administrator a vegetation plan to replace the native trees to be removed from the site to the maximum
extent practical. The plan shall show the location, species, and size of replacement trees. The
replacement trees shall be planted in appropriate locations around the perimeter of the building site 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 must 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 to stabilize and protect steep
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 the
replacement vegetation, and long-term maintenance and enhancement of the existing native trees,
shrubs, and ground cover along the steep slopes and southern border of the property to meet the wildlife
habitat objectives above, screen the proposed dwelling from the adjoining public land to the south, and
filter storm water runoff from the site.
8. Within 30 days of substantially completing construction, the applicants shall record an affidavit
referencing this decision, the storm water management plan, an operation and maintenance agreement
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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 Zoning
Administrator photos of the site, and certification from the project engineer or registered landscape
architect 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 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 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.
The following vote was taken to approve: Nelson, yes; McAllister, yes; Luckey, yes; Chairperson Malick, yes.
Struemke was not present. 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 ADJUSTMEN
Signed:
Clarence W. Mal cChairpe
Date Filed: 04/01/08
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r'-F CP*%,01X COUNI[y
PLANNING ZONING
September 12, 2012
Chris & Traci Leffner
761 Kilt Court
Hudson, WI 54016
Code Administration RE: Affidavits for compliance with Special Exception Permit #SE0160
715-386-4680 Parcel #25.29.19.2761 Lot 35 Indigo Ponds, Town of Hudson
Land Information & Dear Mr. & Mrs. Leffner:
Planning
715-386-4674
In 2010 you were sent a reminder that among conditions that were included in the Board of
Real Property- Adjustment decision to approve your special exception and variance, an affidavit must be
715-386-46,77 recorded for both the stormwater management structures and vegetation management plan
required on Lot 35. At this time there are no such documents recorded for your property in
Rccv.Kng the Shoreland overlay zoning district.
715-386-4675
The affidavit forms must be completed, signed in the presence of a notary, and then
submitted to the Register of Deeds for recording against the deed to your property within
thirty (30) days to disclose to any future owners the necessity for maintaining stormwater
structures and preserving the vegetation that has been established to protect the water
resources nearby. You were given affidavit forms back in 2010, but if you need additional
forms, they are available in our office. If compliance has not been documented within the
30-day time period, the violation will be referred to the County attorney's office.
If you have questions on the specific requirements contained in permit #SE0160 or need
assistance completing the affidavit forms, please contact me weekdays between 8:00 a.m.
and 5:00 p.m using the code administration phone number.
i
7mQ; ,
nn
Zon ing Specialist
Cc: Heather Wolske, County Attorney
Dan Sitz, Code Enforcement
ST. CRO/x COUNTY GOVERNMENT CENTER
110 1 CARMICHAEL ROAD, HUDSON, W/ 54016 715-3864686 FAx
PZ@CO.SAINT-CRox wl.US WWW.CO.SAINT-CROIX.WI.US
ST CROIX COUNTY
PL,~NNING ZONING
February 1, 2010
Chris & Traci Leffner
761 Kilt Court
Hudson, WI 54016
Code Adminietra
715-386-4680 RE: Affidavits for compliance with Special Exception Permit #SE0160
Land Information Parcel #25.29.19.2761 Lot 35 Indigo Ponds, Town of Hudson
Planning
715-386-4674 Dear Mr. & Mrs. Leffner:
Real Prope This letter is a reminder that among conditions that were included in the Board of
715-38 677 Adjustment approval for a special exception and/or variance, an affidavit must be
Re recorded for your stormwater management structures and vegetation management
ling Ian. Zoning staff -386-4675 p are reviewing permits that have been approved in the last two
years and are requesting applicants cooperate with bringing all conditions into
compliance in order for us to close out the files.
Enclosed are the affidavit forms that need to be completed, signed in the presence
of a notary, and then submitted to the Register of Deeds for recording against the
deed to your property. The intention is to disclose to any future owners the
necessity for maintaining stormwater structures and preserving the vegetation that
has been established to protect the water resources nearby.
If you have questions on the specific requirements contained in your permit or need
assistance with the affidavit form lease feel free to
p contact me weekdays between
8:00 a.m. and 5:00 p.m using the code administration phone number.
l y,
Pam Quinn
Zoning Specialist
Enc. (2) Affidavit forms
ST. CRO1X COUNTY GOVERNMENT CENTER
1 10 1 CARMICHAEL ROAD, HUDSON Wi 54016 71 X386,4686 FAX
PZLOCO. SAINT-CROIX. W1. US
W W W.C O.SA1 NT-C ROIX. W I. US
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