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Home My WebLink About020-1439-53-000 (2) CROIX COUT�]J PLANNING & ZONING January 29, 2007 File Ref: SE0106 Dr. Albert Hsaio 3131 Shoreline Lane Arden Hills, MN 55112 Re: St. Croix County Special Exception Request Code Administmdt, Parcel M 25.29.19.2779,Town of Hudson 715-386-4680 Land Infofma[ion Dear Dr. Hsaio: Planning 715-386-4674„ >` The St. Croix County Board of Adjustment (Board) has reviewed your special exception application for filling and grading an area exceeding 10,000 square feet in the Shoreland Real Prq&gv District of two unnamed ponds in the Town of Hudson. After the hearing on January 25 715- G-4677 p g Y , 2007 the Board voted to approve the application with conditions. The enclosed document is R 7 -386- 1.5-386-4675 the formal decision regarding the application. You must obtain any other required local, state, and federal permits and approvals. Please feel free to contact me with any questions. Sincerely, II Jemlifer Shillcox Land Use Specialist/Zoning Administrator Eric: Decision Cc: Steve West, Landsted Homes, Agent Clerk, Town of Hudson Steve Olson, St. Croix County Land and Water Conservation Department Dan Baumann, Wisconsin Department of Natural Resources ST CRO/X COUNTY GOVERNMENT CENTER 1 101 CARMICHAEL ROAD, HUDSON, W 54016 715386-4686 FAX rZC�Ci.SAi?dT-CRC;X.INM.US f FINDINGS CONCLUSIONS AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY,WISCONSIN File: SE0106 Applicant: Albert Hsaio Parcel#: 25.29.19.2779 Complete Application Received: December 1,2006 Hearing Notice Publication: Weeks of January 7 and 14, 2007 Hearing Date: January 25,2007 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein,and reviewed the site the St. Croix County Board of Adjustment makes the following findings of fact and conclusions of law: 1. The applicant is Albert Hsaio, property owner, 875A Highlander Trail, Hudson, WI, with Steve West, Landsted Homes, acting as the agent. 2. The site is located on Lot 53 of the Indigo Ponds Subdivision at the SW '/4 of the NE '/4 of Section 25, T29N, R19W, Town of Hudson, St. Croix County, Wisconsin. 3. The applicant filed an application with the Planning and Zoning Department for a special exception permit for filling and grading an area exceeding 10,000 square feet in the Shoreland District of two unnamed ponds pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. 4. The existing driveway was constructed with a driveway permit issued from the Town of Hudson in 2005 prior to amendments to the St. Croix County Ordinance that restricted filling and grading on slopes over 25 percent in the Shoreland District, which took effect on September I, 2006. All remaining filling and grading activities proposed as part of this project are within 300 feet of the OHWM of two unnamed ponds on slopes less than 20 percent. 5. The proposed residence meets all required setbacks and height requirements, and no filling and grading or tree removal will occur within the OHWM setback area of the ponds. 6. With conditions for implementing erosion control measures, submitting and implementing a.revised storm water management plan, and protecting the existing level of native tree and shrub cover on steep slopes and within the OHWM setback area,the spirit and intent of the Ordinance would be met, as well as all requirements of Sections 17.70(7)(a) and 17.70(b)of the St. Croix County Zoning Ordinance. Potential negative impacts to the ponds and adjacent public land will be minimized. 7. The Town of Hudson Town Board has not yet submitted a recommendation on this request. 8. The St. Croix County Land and Water Conservation Department finds the storm water management and erosion control plans to be adequate for the building site and all portions of the driveway that drain to the building site and adjacent ponds, and consistent with NR 341 standards. The Department recommends that the applicant record an operation and maintenance plan for the storm water basins and maintains the double row of silt fence around the construction site until self-sustaining vegetation is established on all disturbed areas. 9. The Wisconsin Department of Natural Resources has verified that the project must meet the standards applicable to priority navigable waters in NR 151, and that the applicant will need Chapter 30 and NR 216 permits for the filling and grading done for the existing driveway and for the proposed future filling and grading for the remainder of the driveway and residence. 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 disturb an area exceeding 10,000 square feet on slopes less than 20 percent in the Shoreland District of two unnamed ponds to extend an existing driveway and establish a building site for a single-family residence in accordance with the plans submitted on December 1, 2006,and as provided in the conditions below. Approval for this special exception permit does not include any additional grading and filling, tree removal, structures, or other development activities. 2. The Town of Hudson may request a reconsideration based on new information from the Town Board meeting no later than fifteen days prior to the next Board of Adjustment meeting. 3. Prior to commencing any work,the applicant 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 the Chapter 30 and NR 216 permits from the Wisconsin Department of Natural Resources. 4. Prior to commencing any work, the applicant must submit to the Zoning Administrator a surety in the form of a compliance deposit in good funds in the amount of$5,000 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. 5. Prior to commencing any work, the applicant 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 applicant shall establish permanent groundcover on all disturbed areas immediately upon completing construction. 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 any work,the applicant shall install construction fencing or another suitable barrier around the grading limits that are not already surrounded by a double row of silt fence to protect existing trees from damage during construction. The applicant shall also be responsible for the long-tern maintenance of the existing level of native trees,shrubs and groundcover located on slopes more than 20 percent and/or within 75 feet of the OHWM of the ponds and adjacent to the US and Fish and Wildlife property to the south in order to: • substantially screen the residence from the ponds and public lands, • preserve sensitive wildlife habitat within the shoreline setback area and along public lands, and • stabilize and protect the steep slopes to avoid long-term erosion and sedimentation problems. 7. Prior to commencing any work,the applicant must schedule an on-site pre-construction meeting that includes the landowner, contractor, registered landscape architect 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 g installation of erosion control and tree protection measures,construction timelines, compliance with all other pre- construction conditions, and roles and responsibilities of the owner, engineer/architect, and contractor. 8. Within 30 days of substantially completing construction, the applicant shall record an affidavit referencing this decision, the storm water management plan, and an operation and maintenance agreement for the storm water basins 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. 2 9. Within 30 days of substantially completing construction, the applicant 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 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. 11. The applicant 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 pen-nit expires before construction commences,the applicant will be required to secure a new special exception permit before starting or completing the project. 12. 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 applicant and an opportunity for a hearing. 13. 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: Zoerb, yes; Struemke, yes; Luckey,yes; Chairperson Malick, yes.Nelson not present. Motion carried unanimously. 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 §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►natter to the circuit court. ZONING BOARD OF ADJUSTMENT Signed: .Cu Clarence W. Mali o( Chairp Date Filed: 01/29/2007 3 Project Haiw propMy Request Hsaio Special Exception Request Special exception for filling and grading an area r =° exceeding 10,000 square feet in the Shoreland District of two unnamed ponds pursuant to Section 17.29(2)(d)of the St.Croix County Zoning Ordinance. •' Owner: Albert Hsaio •The applicants proposes filling and grading In the Shoreland District of two unnamed ponds to extend an existing driveway and construct a house and attached garage. Site Address: Highlander Trail,Town of Hudson -Site Is located In the SE comer of Lot 531n the Indigo Ponds subdivision. -Access to the she Is from Highlander Trail.Lot size is 13.73 acres. -Adjacent properties are residential(N&W)and public IS&E). Comments&Concerns fix! f The Town of Hudson Town Board will meet on this request on February 10. R.r 4 / .* The St.Croix County Land and Water Conservation Department finds the Project Details a,, / �1 t storm water management and erosion control plans to be adequate and `C r recommends recording a maintenance and operation plan for the storm •Easting driwwey constructed 2005 x a ksa water basins against the property and maintaining a double-row of silt fence •Ddwmysxtemicn=310 feet 19 ��.; nb i I� =r„ until permanent vegetation is established. -House footprint 4,666 sq ft -Decks and patios=1,735 sq n •8 feet of FlII for walkout design The Wisconsin Department of Natural Resources verified that a NR 341 -Grading limits=58,475 sq Fl on standards apply and that Chapter 30 and NR 216 permits are required. sbpea fro -Two storm water basins for ruroff F i 1 - Y -All structures>120 fast from OHWM -No filling and grading within 85 fast of OHWM Staff Recommendation Planning and zoning staff recommends approval of this request based on: 9 findings of fact and conclusions of law,with 13 conditions for your consideration regarding: Obtaining all necessary permits and approvals,including Town Board approval. Submitting a surety to ensure compliance with all conditions. Implementing the erosion control,storm water management,and tree protection measures. Maintaining the current level of native vegetation on steep slopes, within the OHWM setback area,and/or adjacent to USFWS land. • Recording an affidavit against the property for the operation and maintenance of the stone water basins. Timeline for commencing and completing the project. 1