HomeMy WebLinkAbout022-1022-80-000 (2) February 27,2009 File Ref: SE0189
Rosemary Kelly&
Phillip Sosnowski
5532 Knox Ave. S
Minneapolis,MN 55419
Re: St.Croix County Variance Request
Parcel#:08.28.18.128,08.28.18.125A&09.28.139A,Town of Kinnickinnic
Dear Ms.Kelly&Mr. Sosnowski:
The St. Croix County Board of Adjustment(Board)has reviewed your request for the following items:
Variance to disturb an area with 25% or greater slopes in the Ag Residential District
pursuant to Section 17.12(10)of the St. Croix County Zoning Ordinance.
After the hearing on February 26,2009,the Board approved this request with conditions.
The enclosed document is the formal decision regarding your application.
You 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.
Sincerel ,
Pamela Quinn
Zoning Specialist/Zoning Administrator
Enclosure: Formal Decision
cc: Clerk,Town of Kinnickinnic
Louie Filkins,Ogden Engineering Co.,agent
Steve Olson,Land and Water Conservation Department
Carrie Stoltz,Wisconsin Department of Natural Resources
FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST.CROIX COUNTY,WISCONSIN
File Number: SE0189
Applicants: Rosemary Kelly and Phillip Sosnowski,property owners
Parcel Number: 08.28.18.128, 08.28.18.125A&09.28.139A
Complete Application Received: November 3, 2008
Hearing Notice Publication: December 1 and 8, 2008
Tabled: November 20, 2008
Additional Information submitted: February 5,2009
Hearing Date: February 26, 2009
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony and considered the entire record herein,the Board finds the following facts:
General Findings and Conclusions:
The Board makes the following general findings of fact and conclusions of law pertinent to both requested items:
1. The applicants are Rosemary Kelly and Phillip Sosnowski,property owners,James Filkins, Ogden
Engineering Co., acting as his agent.
2. The site is located in the SE/SE % Section 8 and SW/SW '/ Section 9,T28N,RI 8W,Town of Kinnickinnic,
St. Croix County,WI.
3. The applicants filed an application with the Board of Adjustment for a variance to construct a driveway that
will require land disturbance on slopes that exceed 25%grade in the Ag Residential district of the Town of
Kinnickinnic.The subject property consists of a parcel in Section 8 and Section 9 that totals—50 acres located
off Coulee Trail,one mile west of the intersection with Hwy 65. Specifically,the applicants propose to
excavate a 12' x 1000' drive that includes filling and grading of—400 feet on slopes exceeding 25%to
achieve a required grade of less than 12%. The proposed driveway will incorporate—120' of the existing
field drive that connects acreage at the base of a steep ridge to agricultural fields located on the southern
portion of the property,where the applicants wish to build a new single-family home and outbuildings for use
as an equestrian facility. Approximately 225' of the existing field drive,which is on 20—27%slopes,will no
longer be used for vehicles. An eroded gully on the hillside will be repaired and stormwater runoff will be
routed through a culvert under the drive to a stormwater pond as part of the construction project.
4. The Town of Kinnickinnic Town Board and Planning Commission have reviewed the variance application
and, after a short discussion,made a motion in support of the variance for the driveway on slopes>25%.
5. The Land and Water Conservation Department has reviewed the Kelly/Sosnowski variance application
stormwater and erosion control plans dated February 5, 2009 and find the stormwater and erosion control
plans to be complete and adequate for the site. The LWCD recommend the applicant record an operation and
maintenance plan for the stormwater components against the deed to the property.
6. This request would not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that a
single-family dwelling and accessory structures, such as a horse barn and arena, are reasonable permitted uses
in the Ag Residential District,which the property is currently zoned, subject to all applicable setbacks.
7. The primary purpose of access and driveway regulations are to promote the safety,welfare,and convenience
of property owners and the general public traveling County roads by limiting access to public roads and
establishing setbacks from road rights-of-way. The proposed driveway would provide access to the proposed
building site for emergency vehicles and/or equipment and meet all road or highway setbacks and
dimensional standards in the Ordinance, including the maximum 12%grade requirement in Section 17.60.7.d.
8. When determining whether an unnecessary hardship exists,the Board of Adjustment must identify unique
physical characteristics of the property that would otherwise prohibit the applicant from using the property for
a permitted purpose,and then weigh the burden placed on the applicant in meeting the requirements of the
Ordinance against the public interests being protected.The applicants purchased the property in July 2000
with the intent to build a single-family dwelling and accessory structures in a manner that is consistent with
other existing development in the area,but cannot safely access the proposed building site using the existing
field drive. Construction of a 12' x 1000' drive that will meet county standards for a maximum 12%grade
will require excavation of approximately 400 feet on slopes exceeding 25%, which is currently prohibited by
the ordinance. The unique physical characteristics of the property were not self-created by any actions of the
property owner.
9. Literal enforcement of the provisions of the Ordinance would create an unnecessary hardship, as defined in
Section 17.09. At the time the applicants purchased the property, construction or land disturbance on slopes
20%or greater was allowed with a special exception permit. A Soil and Site Evaluation Report was
completed in 2000 that identified a suitable POWTS location on the southerly portion of the parcel that must
be accessed by a driveway constructed on>25%slopes. With conditions for implementation of the proposed
storm water management, erosion control, and revegetation plans,the house and driveway construction could
meet the spirit and intent of the Ordinance in that it would comply with the regulations and standards in
Section 17.60 and would not lead to an increase in storm water runoff that might damage the rights or
property values of other persons in the area.
10. The applicants are requesting minimal relief from the standards in the Ordinance by limiting the proposed
filling and grading to construct a driveway and installation of stormwater control features. The applicants are
responding to concerns expressed by adjacent landowners regarding stormwater runoff problems that may be
exacerbated by any additional impervious surface on acreage in the valley below the>25%slopes.
11. Granting this variance will not damage the rights or property values of other persons in the area since they are
subject to the same rules and regulations as the applicants.The rules and regulations are intended to protect
existing property owners and the general public from the adverse affects of stormwater runoff increases and
erosion of steep slopes in the Ag Residential District. The proposed driveway construction plan includes
stormwater control structures in the form of reinforced conveyance channels, an infiltration basin that
provides retention of runoff from a 2-year storm and reduction of the 10-year peak flow,and two culverts
under the driveway. The plan was developed to prevent damage to upstream and downstream properties from
increased stormwater runoff.
12. Substantial justice would be done by allowing the applicants to construct a driveway on slopes>25%to
access the southerly portion of the parcel with conditions that the proposed stormwater management plan and
erosion control plan be implemented and that the operation and maintenance plan be recorded against the
deed to the subject property.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein,the Board has approved the
variance request with the following conditions:
1. Approval of this variance allows the applicant to construct a driveway, a portion of which requires land
disturbance on slopes>25%, and a stormwater management infiltration basin as shown on the engineering
plans. This approval does not include any additional structures, impervious coverage, filling and grading,or
other activities.
2. Prior to commencing construction of the proposed driveway, the applicants shall secure all necessary permits
and approvals from the Town of Kinnickinnic and obtain any other required local, state(including NR 216
stormwater permit), or federal permits and approvals.
0
3 Prior to commencing construction,the applicants shall submit to the Zoning Administrator a Compliance
Dep si equal to the application fee to be held by the Zoning Administrator until all conditions of the
approval have been met, at which time the deposit will be refunded in full along with a Certificate of
Compliance. 090V 41:0&lo
✓4. Prior to commencing construction of the proposed driveway,the applicants or their agent shall schedule an
on-site pre-construction meeting that includes the property owners, excavator, 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..
5. Prior to commencing construction, sediment control measures must be installed to prevent contaminated
runoff from leaving the subject property. During construction, erosion control measures shall be maintained
at all times and the smallest amount of bare ground shall be exposed for as short a time as possible.
Temporary ground cover such as mulch shall be used to prevent erosion and permanent native groundcover
shall be planted to establish long term erosion protection upon completion of final grading for the project.
6. 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 for the storm water
control features,and provide a recorded copy of the affidavit and all referenced documents to the Zoning
Administrator at this time.The intent is to document the responsibilities and limitations associated with this
decision for present and future property owners.
7. Within 60 days of substantially completing construction of the driveway,the applicants shall submit to the
Zoning Administrator photographs of the completed construction as viewed from Coulee Trail as well as
certification from the owner's agent that the storm water management control features have been completed
according to the approved design.
8. 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 variance approval process.
9. The applicants shall have one(1)year from the approval of this variance to commence construction and(2)
years from this approval to substantially complete construction. Failure to do so shall result in expiration of
the variance. If the variance decision expires before construction commences and the applicant has not made
a prior request to the Zoning Administrator for an extension of up to six months,the applicant will be
required to secure new variances before starting or completing the project.
10. 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 proper notice to the applicants and an opportunity for a
hearing.
11. Accepting this decision means that the applicants and all property owners have read,understand, and agree to
all conditions of this decision.
The following vote was taken to approve: Chairperson Malick,yes; Hurtgen, yes;Peterson,yes and McAllister,yes.
Citizen member Nelson 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(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 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:
Date Filed: 02/27/09 Clarence W. Malick,Chairperson
Page 1 of 1
Pam Quinn
From: Steve Olson
Sent: Monday, September 21, 2009 10:17 AM
To: Pam Quinn
Subject: RE: Kelly-Sosnowski Variance conditions
Pam,
I was out there a couple weeks ago and things looked great. I took a couple photos they are in the file. I have no
concerns at this time.
Steve Olson
St. Croix County LWCD
1960 8th Ave. Ste. 141
Baldwin, WI 54002
(715)684-2874 Ext. 135
Cell (715) 760-1992
From: Pam Quinn
Sent: Monday, September 21, 2009 10:14 AM
To: Steve Olson
Subject: Kelly- Sosnowski Variance conditions
Hi Steve,
I received a letter from Louie Filkins that the driveway and stormwater pond were constructed in substantial
compliance with the Board's conditions. I will go out there on Tuesday(especially if we receive a little rain
tonight) to verify that things look stable and will authorize a refund of their compliance deposit if everything has
been completed. The conditions didn't specify what type of surface the driveway has, so am not planning to hold
up the refund for paving, which would come after the winter anyway. If you have any specific concerns, let me
know. See you Thursday?
PameCa Quinn, Zoning Specialist (PO'M'S)
St. Croix County Planning & Zoning Dept.
not CarmichaeCPoad
Hudson, -WI 54016
715-386-4680
pam_q a co.sa n t-cro x.wi.us
9/22/2009
OGDEN ENGINEERING COMPANY INC. JAMES"LOUIE"FILKINS
7 Professional Engineer
Civil Engineering and Land Surveying Sofutions Since 1971 Registered Land Surveyor
1234 South Wasson Lane, River Falls, Wisconsin 54022 Certified Soil Tester
Telephone(715)425-7631 Fax(715)425-7965 Email:ogden @spacestar.net DANIEL R KUGEL
RECEIVED Registered Land Surveyor
Certified Soil Tester
SEP 18 2009
51 1,44LiX WuN►a
September 16, 2009 PLANNING 8 ZONING OFFICL 09-2989
Ms. Pam Quinn, Zoning Specialist
Planning & Zoning Department
1101 Carmichael Road
Hudson, Wisconsin 54016
Re: Kelly/Sosnoski Driveway
Town of Kinnickinnic
St. Croix County, Wisconsin
Dear Pam;
This,letter is to•certify that the above-referenced driveway, Stormwater Management Facilities
and Erosion Control Devices were constructed in substantial conformance with the approved
Plans and Specifications, with the exception of asphalt paving.
Please contact us if you have any questions or concerns.
Respectfully,
J D. Filkins _ JAMES Q.
ames
FIRKINS
JDF/rs =.0 RVE.R F&ILS.
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Ak
cc: Rosemary Kelly ',,, S1t�N Al-
Dave
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Phillips
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
February 26,2009
The meeting was called to order by Chairperson Clarence "Buck" Malick at 8:33 a.m. A
roll call was made. David Peterson, Joe Hurtgen, and Jerry McAllister were present. Sue
Nelson was absent and excused. Staff included: Kevin Grabau, Code Administrator;
David Fodroczi, Planning & Zoning Director; Pam Quinn, Zoning Specialist; Alex
Blackburn, Zoning Specialist; Steve Olson, St. Croix County Land and Water
Conservation Department; and Becky Eggen, Recorder.
Staff confirmed to the Board that this was a properly noticed meeting.
The next meeting for the Board is scheduled for Thursday, March 26, 2009 at 8:30 a.m.
in the Community Room of the Government Center in Hudson.
Unfinished Business
Rosemary Kelly and Phillip Sosnowski—Variance—Tabled November 20, 2008
The applicants requested a variance to construct a driveway that would require filling and
grading on slopes that exceed 25% grade in the Ag Residential District in the Town of
Kinnickinnic.
Staff presented the application and staff report. The Kinnickinnic Town Board reviewed
the application on January 6, 2009 and made a motion in support of the variance for the
driveway on slopes >25%. St. Croix Land and Water Conservation Department reviewed
the storm water and erosion control plans and found the plans to be complete and
adequate for the site. They recommended the applicant record an operation and
maintenance plan for the storm water components against the deed to the property.
Staff recommended approval based on 14 findings of fact and conclusions of law with 13
conditions.
James "Louie" Filkins, engineer, signed an oath and spoke in favor of the request. He
handed out four photos showing the recent thaw with the water runoff on the property
(Exhibit 5 a-d). He stated the driveway construction shows the infiltration basin that will
be constructed. He testified the runoff will be decreasing. He said the driveway does not
need a NR216 permit since the driveway is less than one acre. He stated they will be
submitting the plans of the project to the DNR for their review as well.
No one testified in opposition.
New Business
Town of Warren—Request for reconsideration
The applicants requested a reconsideration of the November 20, 2008 findings of fact and
conclusions of law regarding the proposal for a tall grass prairie as the landscape
screening that was denied.
Motion by Peterson, second by Hurtgen to reconsider the condition at the March 26, 2009
meeting.
Motion carried 3-0. Chairperson Malick recused himself from the discussion and vote
because he said he had previously represented the Solimars when they sold the land to the
town.
Gary Elert—Request for Reconsideration
The applicant requested a reconsideration of an after-the-fact special exception permit for a
recently constructed sidewalk,patio with fire pit and retaining walls in and within 40 feet of the
slope preservation zone in the Lower St. Croix Riverway Overlay District.
Nick Vivian, attorney, signed an oath and spoke in favor of the reconsideration. He
testified that the application had oral arguments in the courts and they would like to try
and resolve the application by having the Board suspend their by-laws and reconsider the
after-the-fact special exception. He stated they will provide estimates of the project at
the next hearing. He said that Elert wants to make the best out of the situation and will
work with the Board.
No one testified in opposition.
Motion by McAllister, second by Peterson to reconsider the application at the next
meeting.
Motion carried unanimously.
Application#1• Andrew Murphy and Nancy Carlson—After-the-Fact Special
Exception and Variance
The applicants requested an after-the-fact special exception for the construction of the
stairway and an after-the-fact variance to reconstruct a nonconforming accessory
structure attached to a nonconforming principal structured located in the Ag Residential
and Lower St. Croix Riverway District in the Town of Troy.
Staff presented the application and staff report. The Town of Troy Plan Commission
reviewed the concept for an after-the-fact permit and agreed the applicant could move
forward with an after-the-fact Riverway Application. The Plan Commission requested
the applicant supply the following additional information as part of the application:
• A scale drawing showing all pertinent information for the steps and
landing with details of the posts and signed off by an engineer that the
footings are done to code;
• Photos of the site taken from the middle of the river, slightly upstream and
downstream of the property;
• A construction plan for the stairways and landing;
• An extensive library of photos showing the vegetation all around the areas.
2
The Town of Troy may issue a citation for the violation of town Riverway code. The St.
Croix Land and Water Conservation Department reviewed the application and did not
object to the reconstruction of the deck; however, they did object to the impermeable
nature of a portion of the new deck construction. Replacing the existing slatted deck,
which allows water infiltration into the soil profile below the deck, with an exposed
aggregate concrete slab increases the potential for storm water runoff. In the event the
variance is granted the Land and Water Conservation Department recommended a
condition that a Storm water Management Plan be developed by a certified individual
that address the performance standards of Section 17.36H (7) of the St. Croix Zoning
Ordinance. The Wisconsin Department of Natural Resources reviewed the application
and submitted comments regarding the violation of NRl 18.08 (3)regarding
nonconforming accessory structures. Staff recommended approval based on 14 findings
of fact and conclusions of law with 11 conditions.
Andy Murphy and Nancy Carlson signed an oath and spoke in favor of the request. They
handed out a letter from Ogden Engineering to the Town of Troy (Exhibit 8) stating the
stairway is structurally sound. They stated they agreed with all of staff recommendations
other than the condition regarding the change of ownership. They questioned the
meaning of that condition. Nancy testified they are good stewards and they would not
have put the stairs up without the false assumptions.
James "Louie" Filkins, engineer, signed an oath and spoke in favor of the request. He
testified the purpose of his letter is to cover the request of the Department of Natural
Resources.
No one testified in opposition.
Unfinished Business
German Settlement Cemetery—Special Exception—Tabled October 27, 2008
The applicants requested a special exception permit to expand their cemetery to the south
in the Ag Residential District in the Town of Troy.
Staff presented the application and staff report. Troy Town Board recommended
approval of the previous application with conditions that the expansion should be held
back from the road and to maintain a green space in front of the new section. The revised
application complied with those requirements. The St. Croix Highway Department
approved the south access and the north access must be removed. Staff recommended
approval based on ten findings of fact and conclusions of law with conditions.
James "Louie" Filkens, engineer, signed an oath and spoke in favor of the request. He
testified the driveway will be grass. He stated if the plots were moved further to the east
there would be more room for planting of the evergreens. He said the driveway would be
wide enough for 2 rows of cars along with room to drive down the center. He suggested
planting prairie grass for screening rather than evergreens would help eliminate a space
issue.
3
Judith Hanson Jorgenson signed an oath and spoke in favor of the request. She testified
she would be okay with moving the sites, however, if they move them they could end up
losing more sites in the long run. She stated they want landscaping that will be low
maintenance. She said she does not anticipate any issues with the maximum of 33 cars
on the driveway. She stated they might look into putting a fence up that would be apart
of their landscaping. The fence would have an open look. She testified their annual
meeting is held in May and they will be looking for landscaping donations. She stated
their intention is to get the driveway done as soon as they can.
No one testified in opposition.
The Board recessed for site visits and lunch at 10:15 a.m.
The Board reconvened at 11:54 a.m.
Decisions
After hearing the testimony and reviewing the material in the record, the Board rendered
the following decisions:
Unfinished Business: Rosemary Kelly & Phillip Sosnowski—Variance
Motion by McAllister, second by Peterson to approve the variance request to disturb an
area with 25% or greater slopes in the Ag Residential District in the Town of
KinnicKinnic based on the following findings of fact and conclusions of law:
1. The applicants are Rosemary Kelly and Phillip Sosnowski, property owners,
James Filkins, Ogden Engineering Co., acting as his agent.
2. The site is located in the SE/SE 1/4 Section 8 and SW/SW 1/a Section 9, T28N,
RI 8W, Town of Kinnickinnic, St. Croix County, WI.
3. The applicants filed an application with the Board of Adjustment for a variance to
construct a driveway that will require land disturbance on slopes that exceed 25%
grade in the Ag Residential district of the Town of Kinnickinnic. The subject
property consists of a parcel in Section 8 and Section 9 that totals—50 acres
located off Coulee Trail, one mile west of the intersection with Hwy 65.
Specifically, the applicants propose to excavate a 12' x 1000' drive that includes
filling and grading of—400 feet on slopes exceeding 25%to achieve a required
grade of less than 12%. The proposed driveway will incorporate —120' of the
existing field drive that connects acreage at the base of a steep ridge to
agricultural fields located on the southern portion of the property, where the
applicants wish to build a new single-family home and outbuildings for use as an
equestrian facility. Approximately 225' of the existing field drive, which is on 20
—27% slopes, will no longer be used for vehicles. An eroded gully on the hillside
will be repaired and stormwater runoff will be routed through a culvert under the
drive to a stormwater pond as part of the construction project.
4
4. The Town of Kinnickinnic Town Board and Planning Commission have reviewed
the variance application and, after a short discussion, made a motion in support of
the variance for the driveway on slopes>25%.
5. The Land and Water Conservation Department has reviewed the Kelly/
Sosnowski variance application stormwater and erosion control plans dated
February 5, 2009 and find the stormwater and erosion control plans to be
complete and adequate for the site. The LWCD recommend the applicant record
an operation and maintenance plan for the stormwater components against the
deed to the property.
6. This request would not violate the spirit or general intent of the St. Croix County
Zoning Ordinance in that a single-family dwelling and accessory structures, such
as a horse barn and arena, are reasonable permitted uses in the Ag Residential
District, which the property is currently zoned, subject to all applicable setbacks.
7. The primary purpose of access and driveway regulations are to promote the
safety, welfare, and convenience of property owners and the general public
traveling County roads by limiting access to public roads and establishing
setbacks from road rights-of-way. The proposed driveway would provide access
to the proposed building site for emergency vehicles and/or equipment and meet
all road or highway setbacks and dimensional standards in the Ordinance,
including the maximum 12% grade requirement in Section 17.60.7.d.
8. When determining whether an unnecessary hardship exists,the Board of
Adjustment must identify unique physical characteristics of the property that
would otherwise prohibit the applicant from using the property for a permitted
purpose, and then weigh the burden placed on the applicant in meeting the
requirements of the Ordinance against the public interests being protected. The
applicants purchased the property in July 2000 with the intent to build a single-
family dwelling and accessory structures in a manner that is consistent with other
existing development in the area, but cannot safely access the proposed building
site using the existing field drive. Construction of a 12' x 1000' drive that will
meet county standards for a maximum 12% grade will require excavation of
approximately 400 feet on slopes exceeding 25%, which is currently prohibited by
the ordinance. The unique physical characteristics of the property were not self-
created by any actions of the property owner.
9. Literal enforcement of the provisions of the Ordinance would create an
unnecessary hardship, as defined in Section 17.09. At the time the applicants
purchased the property, construction or land disturbance on slopes 20% or greater
was allowed with a special exception permit. A Soil and Site Evaluation Report
was completed in 2000 that identified a suitable POWTS location on the southerly
portion of the parcel that must be accessed by a driveway constructed on>25%
slopes. With conditions for implementation of the proposed storm water
management, erosion control, and revegetation plans, the house and driveway
5
construction could meet the spirit and intent of the Ordinance in that it would
comply with the regulations and standards in Section 17.60 and would not lead to
an increase in storm water runoff that might damage the rights or property values
of other persons in the area.
10. The applicants are requesting minimal relief from the standards in the Ordinance
by limiting the proposed filling and grading to construct a driveway and
installation of stormwater control features. The applicants are responding to
concerns expressed by adjacent landowners regarding stormwater runoff problems
that may be exacerbated by any additional impervious surface on acreage in the
valley below the>25% slopes.
11. Granting this variance will not damage the rights or property values of other
persons in the area since they are subject to the same rules and regulations as the
applicants. The rules and regulations are intended to protect existing property
owners and the general public from the adverse affects of stormwater runoff
increases and erosion of steep slopes in the Ag Residential District. The proposed
driveway construction plan includes stormwater control structures in the form of
reinforced conveyance channels, an infiltration basin that provides retention of
runoff from a 2-year storm and reduction of the 10-year peak flow, and two
culverts under the driveway. The plan was developed to prevent damage to
upstream and downstream properties from increased stormwater runoff.
12. Substantial justice would be done by allowing the applicants to construct a
driveway on slopes>25%to access the southerly portion of the parcel with
conditions that the proposed stormwater management plan and erosion control
plan be implemented and that the operation and maintenance plan be recorded
against the deed to the subject property.
With the following conditions:
1. Approval of this variance allows the applicant to construct a driveway, a portion
of which requires land disturbance on slopes >25%, and a stormwater
management infiltration basin as shown on the engineering plans. This approval
does not include any additional structures, impervious coverage, filling and
grading, or other activities.
2. Prior to commencing construction of the proposed driveway, the applicants shall
secure all necessary permits and approvals from the Town of Kinnickinnic and
obtain any other required local, state (including NR 216 stormwater permit), or
federal permits and approvals.
3. Prior to commencing construction,the applicants shall submit to the Zoning
Administrator a Compliance Deposit equal to the application fee to be held by the
Zoning Administrator until all conditions of the approval have been met, at which
time the deposit will be refunded in full along with a Certificate of Compliance.
6
r
4. Prior to commencing construction of the proposed driveway, the applicants or
their agent shall schedule an on-site pre-construction meeting that includes the
property owners, excavator, 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..
5. Prior to commencing construction, sediment control measures must be installed to
prevent contaminated runoff from leaving the subject property. During
construction, erosion control measures shall be maintained at all times and the
smallest amount of bare ground shall be exposed for as short a time as possible.
Temporary ground cover such as mulch shall be used to prevent erosion and
permanent native groundcover shall be planted to establish long term erosion
protection upon completion of final grading for the project.
6. 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 for the storm water control features, and
provide a recorded copy of the affidavit and all referenced documents to the
Zoning Administrator at this time. The intent is to document the responsibilities
and limitations associated with this decision for present and future property
owners.
7. Within 60 days of substantially completing construction of the driveway,the
applicants shall submit to the Zoning Administrator photographs of the completed
construction as viewed from Coulee Trail as well as certification from the owner's
agent that the storm water management control features have been completed
according to the approved design.
8. 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 variance approval process.
9. The applicants shall have one (1) year from the approval of this variance to
commence construction and(2) years from this approval to substantially complete
construction. Failure to do so shall result in expiration of the variance. If the
variance decision expires before construction commences and the applicant has
not made a prior request to the Zoning Administrator for an extension of up to six
months, the applicant will be required to secure new variances before starting or
completing the project.
10. These conditions may be amended or additional conditions may be added if
unanticipated circumstances arise that would affect the health and/or safety of
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citizens or degrade the natural resources of St. Croix County. Conditions will not
be amended or added without proper notice to the applicants and an opportunity
for a hearing.
Accepting this decision means that the applicants and all property owners have
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read, understand, and agree to all conditions of this decision.
Motion carried unanimously.
Unfinished Business: German Settlement Cemetery Association—Special Exception
Motion by Hurtgen, second by McAllister to approve the special exception request to
operate an institutional use to expand the cemetery in the Ag Residential District in the
Town of Troy based on the following findings of fact and conclusions of law:
1. The applicant is the German Settlement Cemetery Association; Judith Hanson
Jorgenson is the agent.
2. The site is located on County Road U in the SW '/4 of the NW '/a Section 1, T28N,
R19W, Town of Troy, St. Croix County, Wisconsin.
3. The site is located within the Ag Residential District, institutional uses are
permitted by Special Exception permit in this district.
4. The applicants filed an application for a special exception permit with the Board
of Adjustment to expand an existing cemetery in the Ag Residential District to
pursuant to Section 17.15(6)(s) of the St. Croix County Zoning Ordinance.
5. This application was tabled for more information on October 23, 2008;
a) The revised site plan addresses the road layout as requested by the
Town of Troy and the Highway Department.
b) The revised site plan also shows the location of the gravesites.
c) There will be less than 3000 square feet of grading on the site. The
proposed parking meets Section 17.55—17.57 off street parking
standards, since the cars arrive and depart at the same time they could
be parked in close proximity to one another. The cars will park on the
16-foot wide by 260-foot long access route. This will accommodate
13 cars to be parked and still allow access to the public road. The 100
by 100 foot area near the existing sign could accommodate 20
additional cars with (2) 20 foot driving lanes to allow access the public
road, for a total of 33 parking spaces. These parking areas will be
watered to prevent dust.
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d) The applicants submitted documentation that they are an established
cemetery organization. It was determined by staff that the minimum
acreage requirements are only for new cemeteries.
6. The applicants thought they were exempt from the platting requirements.
Staff contacted Renee Powers at State Plat Review and confirmed that
these gravesites must be platted.
7. The St. Croix County Highway Department has reviewed the application
and approved the south access and stated that the north access must be
removed.
8. The Town Board has recommended approval of the previous application
with conditions that the expansion should be held back from the road and
to maintain a green space in front of the new section. It appears the revised
application complies with those requirements.
9. With the proposed parking provided for in the revised plan, this request
would not adversely affect property values or be contrary to the health,
safety and welfare of the public.
10. This request would not generate noise, smoke or odors. The proposed
watering of the parking areas during the dry season will prevent dust.
With the following conditions:
1. Gravesites must be platted before any burial sites are used or sold. Staff
talked with Renee Powers at State Plat Review and verified this
requirement.
2. The parking areas shall be watered during the dry season to reduce dust.
"No parking" signs at the expense of the applicant will be placed on both
sides of road. Number of signs to be determined by County Highway
Department.
3. The northern driveway shall be removed at the time that the southern
driveway is constructed, but no later than October 31, 2010.
Motion carried 3-0. Peterson recused himself from the discussion and decision because
he said his friendship with his neighbor, Mrs. Jorgenson biased his judgment.
Minutes
Motion by Peterson, second by Hurtgen to approve the December 18, 2008 minutes as
amended.
Motion carried unanimously.
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Application#1 Murphy and Carlson: After-the-fact Special Exception and Variance
Motion by McAllister, second by Peterson to table the after-the-fact special exception
and variance in the Lower St. Croix Riverway Overlay District in the Town of Troy until
the Board has an opportunity to review the comments from the March 12, 2009 Town of
Troy hearing and the storm water management plan that addresses infiltration of runoff
from all impervious surfaces, both existing and new, occurring on the property.
The meeting was adjourned by the Chair at 1:12 p.m.
Respectfully submitted,
C.W. Malick, Chairperson Becky E en, R ding Secretary
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