HomeMy WebLinkAbout042-1085-30-000 S T. C R O I X T Y Land Use
Planning&Land Information
Resource Management
Community Development Department
November 22,2013 ®t�v File Ref. #SE88072
Richard Stout
1353 Awatukee Trail
Hudson,WI 54016
RE: Lots 8&9 of CSM V.26/P. 5950 in NW 1/4 of the NE'/4 of Section 31,T29N,R18W,Town of
Warren
Dear Mr. Stout:
The St.Croix County Board of Adjustment(Board)has reviewed your request for the following item:
Special exception for a two-family dwelling pursuant to Section 17.15(6xa)of the St.Croix County
Zoning Ordinance
After the hearing on November 21,2013,the Board approved the special exception request with conditions.
The 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.
Sincerely,
Pamela Quinn
Land Use Specialist
Enclosures: Formal Decision
cc: Clerk,Town of Warren
Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, W154016 Fax 715.386.4686
www.sccwi.us/cdd www.facebook.com/stcroixcountywi cdd co.saint-croix.wi.us
FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST.CROIX COUNTY,WISCONSIN
File Number. SE88072
Applicant: Richard O. &Janet P. Stout,property owners
Parcel Number: 31.29.18.476A-70
Complete Application Received: October 7, 2013
Hearing Notice Publication: Weeks of November 4 and 11, 2013
Hearing Date: November 21, 2013
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony and considered the entire record herein,the Board of Adjustment makes the following
Findings of Fact and Conclusions of Law pertinent to the applicant's special exception requests:
1. The applicants are Richard&Janet Stout,property owners.
2. The site is located on the south side of 70''Ave.in the NW'/4 of the NE'/4 of Section 31,T29N,R1 8W in the Town
of Warren.
3. The applicants filed an application with the Board of Adjustment for a special exception permit to construct two(2)
two-family dwellings pursuant to Section 17.15(6xa)of the St.Croix County Zoning Ordinance.The applicants
propose to construct one duplex home each on Lot 8 and Lot 9 of CSM V.26/P.5950.
4. Two-family dwellings are permitted with a special exception permit in the Ag Residential District
5. The Town of Warren Town Board recommended no objection to the special exception request during their October
21,2013 meeting.
6. The proposed floor plan and construction drawings for the duplex meet the definition of"two-family dwelling"in the
Ordinance.The site plan indicates that the principal structures will meet required setbacks from the road and property
lines and will not exceed maximum height restrictions.
7. With conditions for installation of a Private On-site Wastewater Treatment System(POWTS)designed to handle
domestic wastewater generated by both duplex units,this request will not negatively impact the health,safety or
general welfare of the public,nor would it be substantially adverse to property values in the neighborhood since the
design is complementary to the character of existing single-family homes in the area.
8. This request does not constitute a nuisance by reason of noise,dust,smoke,odor or other similar factors since the use
is residential.
9. Neighboring landowners have been notified of the special exception request.
DECISION
On the basis of the above Findings of Fact,Conclusions of Law,and the record herein,the Board approved the applicant's
special exception request,with the following conditions:
1. This special exception permit allows the applicant to construct a two-family dwelling on two separate surveyed
lots as indicated in the plans submitted on October 7,2013.Approval for this special exception permit does not
include any additional grading and filling beyond that necessary for construction of the homes, additional
structures, or impervious coverage not shown or indicated in the plans.
2. Prior to commencing construction,the applicants shall secure all other required local, State,or Federal permits
and approvals.
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3. Within 60 days of completing construction,the applicant shall submit to the Planning and Zoning Department
photographs and a record drawing of the completed project.
4. The applicant shall provide adequate off-street parking for all residents of the two-family dwellings.
5. The applicant shall be responsible for keeping the property in a neat and orderly manner.
6. Any minor change or addition to the project, including but not limited to design of the duplex homes shall require
review and approval by the Community Development 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.
7. The applicant shall have one(1)year from the issuance of the special exception permit to commence
construction. Failure to do so shall result in expiration of the special exception permit. If the special exception
permit expires before construction commences,the applicant will be required to secure a new special exception
permit before starting or completing construction on the project.
8. These conditions may be amended or additional conditions may be added if unanticipated conditions 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 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 and has no objections if county staff conducts unannounced onsite inspections to check for compliance
with the conditions of this permit.
The following vote was taken to approve the request: Chairman Malick,yes; Peterson,yes; Sontag,yes;Nelson,yes;
McAllister, absent. Motion carries.
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(l 0), 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 Community Development 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.
ZO G BOARD OF ADJUSTMENT
I
Signed:
0"
Clarence W. "Buck"Malick,Chairman
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Date Filed: November 22,2013
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