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HomeMy WebLinkAbout020-1395-49-000 (3) ST. CROIX COUNTY WISCONSIN ZONING OFFICE ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 • Fax (715) 386-4686 October 22, 2004 File Ref 25-04 Brian Wert 923 Cloverleaf Circle Hudson, WI 54016 Re: Board of Adjustment Decision Dear Applicant: The St. Croix County Board of Adjustment has reviewed your request for a special exception for filling and grading in the shoreland area of an unnamed lake and has approved this application with conditions. The enclosed document is the fornlal decision regarding your application. Should you have any questions or concerns,please do not hesitate in contacting me. Sincerely, David Fodroczi Planning and Zoning Director dz Enclosure cc: Clerk, Town of Hudson,w/enclosure Pete Kling, LWCD, w/enclosure Matt Hieb, ACA Engineering, w/enclosure FINDINGS, CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY,WISCONSIN Case: 25-04 Applicant: Brian Wert Complete Application Received: June 15, 2004 Hearing Notice Publication: Weeks of July 5 and 12, 2004 Hearing Date: July 22, 2004 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and conducted an on-site inspection, the Board finds the following facts: 1. The owner of the property is Brian Wert, 923 Cloverleaf Circle,Hudson, W154016. The agent for the owner is Matt Hieb,ACA Engineering. 2. The property is located in Lot 49 of the Scenic Hills Subdivision, in the NE '/4 of the SW 1/4 Section 25, T29N-R19W, Town of Hudson, St.Croix County, Wisconsin. 3. The Board of Adjustment finds that the requirements have been met to grant the special exception permit pursuant to Section 17.29(2)(c)2 of the St. Croix County Zoning Ordinance. 4. The Town of Hudson has recommended approval of the request. 5. There were no objections to the request. 6. The plans for the project have been professionally designed. 7. The plan, as presented,protects the natural resources on the property, and the applicant has indicated that he will continue working with the Land and Water Conservation Department to preserve those natural resources. 8. The Board finds that by granting this request, the spirit and intent of the ordinance will be met. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the request for filling and grading in the shoreland of and unnamed lake, with the following conditions: 1. This permit allows the applicant to disturb slopes on 12 - 20% in the shoreland area of an un-named lake to construct a driveway and house. 2. Before this permit is valid, the applicant shall address the LWCD concerns in a letter dated July 16, 2004. 3. A financial guarantee equal to 120% of approved construction estimates must be submitted in favor of St. Croix County, to be held by the Zoning Office for the erosion control and grading activities (to ensure proper construction). The initial financial guarantee period shall be for a minimum of one year and shall automatically renew until the county releases any or all of the financial guarantee • Written estimates must be submitted to the Zoning office for review and approval. • No construction, including earth moving, shall take place prior to approval of the financial guarantees • The applicant shall have the engineer submit proof that the plans were installed as approved. This document can be submitted in the form of an as-built or other document that county staff can review to ensure the plans were installed in accordance with the original design. Upon substantial completion of all required improvements, the applicant shall notify the County Zoning Administrator of the completion of the improvements in writing. The County Zoning Administrator, in consultation with appropriate experts, shall inspect the improvements. • The County may retain a portion of the guarantee, for a period not to exceed two years after final acceptance of an improvement to ensure the project has been stabilized, this amount is not to exceed 15% of the cost of the improvement (erosion control and grading activities). • By accepting this decision, the landowner hereby grants permission to St. Croix County to enter, or have others enter, onto the property to complete the work if the landowner fails or refuses to do so in a timely manner. 4. Prior to beginning any work, the applicant must schedule an on-site pre-construction meeting that includes the landowner, contractor, engineer, architect, and St. Croix County Zoning and LWCD staff members. Items to be discussed include but are not limited to coordinating installation of BMP's, construction timelines, roles and responsibilities of owner, engineer, architect, contractor, etc. 5. The applicant shall provide the Zoning Office with the name and phone number of the person responsible for installing and maintaining the erosion control plan. 6. The applicant shall obtain all necessary approvals from the Wisconsin Department of Natural Resources. 7. The applicant must secure a township building permit before commencing construction. 8. The Zoning office is to be notified at the start and the finish of the project. 9. 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. 10. 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 revocation 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. 11. 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. 12. 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: Jensen, yes; Krueger, yes; Luckey, yes; Chairperson 2 Speer, yes. 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,which is available from Northwestern Court Reporters,Hudson, Wisconsin. 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: Chairperson Attest: Date Filed: 10/22/04 Planning and Zoning Director 3