HomeMy WebLinkAbout022-1030-95-400 (2) S ® COUN9
PLANNING &. ZONING
August 28,2006 File Ref: SE0093
Brian Hanson
PO Box 90
Roberts, WI 54023
Re: St. Croix County Special Exception Request for Filling& Grading in the
Code Administrat" Shoreland District,Parcel#: 11.28.18.168A-40,Town of Kinnickinnic
715-386-4680
Land Information cPc. ' Dear Mr. Hanson:
Planning
715-386-4674 ;, The St. Croix County Board of Adjustment (Board) has reviewed your special exception request
for filling and grading within the Shoreland District of the Kinnickinnic River in the Town of
Real Pr* Kinnickinnic. After the hearing on August 24, 2006 the Board voted to approve the application
715;:. 36-4677 with conditions. The enclosed document is the formal decision regarding the application.
Rycling Your must obtain any other required local, state, and federal permits and approvals. Please feel
115-386-4675
free to contact me with any questions.
Sincerely,
ennifer Shillcox
7
Land Use Specialist/Zoning Administrator
Enc: Decision
Cc: Clerk,Town of Kimlickinnic
Steve Olson, St.Croix County Land and Water Conservation Department
Eunice Post, Wisconsin Department of Natural Resources
ST.CROix COUNTY GOVERNMENT CENTER
1 101 CAR,VICHAEL ROAD,HUDSON, Wi 54016 715386-4686 FAX
P?@C0-SAGA%T-CR0,X W-US WANIJ.0;.SAINT---F, X.W.US
1
FINDINGS, CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY,WISCONSIN
File: SE0093
Applicant: Brian Hanson, property owner
Parcel ID#: 11.28.18.168A-40
Complete Application Received: July 5,2006
Hearing Notice Publication: Weeks of August 6 and 13, 2006
Hearing Date: August 24,2006
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony,considered the entire record herein, and reviewed the site the Board makes the following
findings of fact and conclusions of law:
1. The applicant is Brian Hanson, property owner, 1337 Christy Court, River Falls, WI.
2. The site is located in the NE '/4 of the NW '/4 of Section 11, T28N, R1 8W,Town of Kinnickinnic, St. Croix
County, WI.
3. The applicant filed an application with the Board of Adjustment for a special exception permit for filling and
grading in the Shoreland District of the Kinnickinnic River pursuant to Section 17.29(2)(c) of the St. Croix
County Zoning Ordinance.
4. All proposed structures meet the setback requirements in the St. Croix County Zoning Ordinance.
5. With conditions for controlling erosion and managing storm water runoff to minimize the risk of water pollution
and sedimentation entering the Kinnickinnic River, and preserving and enhancing existing shoreline habitat to
maintain the ecological characteristics of the river,this request:
• will not violate the spirit or general intent of the Shoreland District pursuant to Sections 17.26(3)(b)5.a.-c.
and 7.a. and c. of the St. Croix County Zoning Ordinance,
• will not negatively impact the public health, safety or general welfare of the public, nor will it be
substantially adverse to property values in the neighborhood,
• will not constitute a nuisance by reason of noise, dust,smoke, odor or other similar factors, and
• will comply with the requirements of Section 17.70(7)(b) 2, 3 and 5 and will be consistent with the
provisions of Sections 17.70(7)(4)and(f) of the Ordinance.
6. The Town of Kinnickinnic has not yet submitted a recommendation on this request.
7. The St. Croix County Land and Water Conservation Department approves of the storm water management plan
with conditions for recording an operation and maintenance plans for the retention and infiltration areas against
the property and installing and maintaining a double row of silt fence until self-sustaining vegetative cover is
established on all disturbed areas.
8. The Wisconsin Department of Natural Resources concurs with County staff recommendations and has verified
that a Chapter 30 Permit is not needed.
i
I'�
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 applicants to disturb approximately 22,500 square feet of land in the
Shoreland District of the Kinnickinnic River to construct a house and attached garage and install a septic system,
driveway, and infiltration area as indicated in the plans submitted on July 5, 2006,and as provided in the
conditions below. Approval for this special exception permit does not include any additional grading and filling,
structures, or impervious coverage not indicated in the plans.
2. Prior to commencing construction,the applicants shall be responsible for securing necessary permits from the
Town of Kinnickinnic and obtaining any other required local, state, or federal permits and approvals.
3. The Town of Kinnickinnic 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.
I
4. Prior to commencing construction, a double row of silt fence shall be installed around the perimeter of the
construction site in accordance with the erosion control and grading plan submitted on July 5, 2006. During
construction,the smallest amount of bare ground shall be exposed for as short a time as possible. Immediately
upon completion of the construction,temporary ground cover shall be used until permanent groundcover is
established. The double row of silt fence shall remain intact until self-sufficient native vegetation has been
established, after which time it shall be removed.
5. Within 30 days of this approval,the applicants must submit a financial guarantee equal to 120% of approved
installation estimates in favor of St. Croix County,to be held by the Planning and Zoning Department for the
proposed infiltration area to ensure proper installation and the establishment of permanent vegetation. 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 guarantees:
• Written estimates must be submitted to the Zoning Administrator for prior review and approval.
• No construction, including earth moving, shall take place prior to approval of the financial guarantees
• The applicant shall have the engineer or registered landscape architect 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 (see
Condition #6).
• Upon substantial completion of all required improvements,the applicant shall notify the Zoning
Administrator of the completion of the improvements in writing. The 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.
6. Within 60 days of this approval,the applicant shall execute and record an affidavit against the property
referencing the storm water management plan and operation and maintenance agreement for the infiltration area.
The applicant shall provide recorded copies to the Zoning Administrator at this time. The intent is to make the
current and future owners aware of the responsibilities as well as the limitations incurred as a result of the
conditions of this decision and the associated plans.
2
7. Within 60 days of completing construction,the applicant shall submit to the Zoning Administrator certification or
record drawings prepared by the project engineer ensuring that all construction, final grading, and storm water
management measures have been installed as indicated in the plans, and photographs of the property as viewed
from all angles, including from the river.
8. The height of the house shall not exceed 35 feet as measured from the lowest adjacent grade to the midpoint
between the eaves and the peak.
9. The current level of native forbs, shrubs,and trees within the 75-foot OHWM setback and wetland area shall be
maintained to substantially screen all structures from the river during summer leaf-on conditions and continue to
provide a natural shoreline buffer area and wildlife habitat.
10. 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.
11. Any minor change or addition to the project, including but not limited to the design of the project, shall require
prior review and approval by the Zoning Administrator. Any major change or addition to the originally approved
plan will have to go through the special exception approval process.
12. The applicant shall have one (1)year from the issuance of the special exception permit to commence construction
and two (2)years from the issuance of this permit to substantially complete the project. Failure to do so shall
result in expiration of the special exception permit. If the special exception permit expires within this timeframe,
the applicant will be required to secure a new special exception permit. Upon prior request from the applicant,the
Zoning Administrator may grant approval for an extension of up to six months.
13. 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.
14. 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: Nelson,yes;Luckey,yes; Struemke, yes; Zoerb, yes; Chairperson Malick, yes.
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 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 (fide)of this matter to the
circuit court.
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ZONING BOARD OF ADJUSTMENT
Signed: ��
Clarence W. Malick,ehairperson
Date Filed: 08/28/06
4 Iii
{ t
Hanson Special
Exception Request ; 4 Project
Request
Special exception for filling and grading in the Shoreland —j
District of the Kinnickinnic River pursuant to Section
17.29(2)(c)of the St.Croix County Zoning Ordinance.
Owner: Brian Hanson Special exception request for filling and grading in the Shoreland
District of the Kinnickinnic River in order to construct a residence with
a walkout basement and attached garage.
Site Address:1337 Christy Court,Town of Kinnickinnic Project includes sanitary system and driveway.
Access to property off of Christy Court.
Zoning:Ag Residential and Shoreland Overlay Districts
i
Comments,Concerns& Recommendation
Project
o,o •-- -s.sn,o ,,,,,. Town of Kinnickinnlc will meet on this request on September 5th.
.:
Steve Olson,LWCD,approves of the storm water management plan and
Details �1 recommends recording an operation and maintenance agreement for the
Infiltration area against the property and Installing a double-row of Sgt
ra.i�mw..•ww-.,a,.an � ` .,��,. fence until vegetation Is established.
22A NR -
a„o„-,s Dan Baumann,DNR,concurs with staff recommendations and verified
#4 that a Chapter 30 permit is not needed.
a,we..m..w..wee -
"""' Planning and zoning staff recommends approval based on:
;
1l�MbeM to W,MMtlFw,L .:,•
•S findings of fact and conclusions of law,with
y { •14 conditions for your consideration regarding:
JfI -Erosion control and site stabilization.
•; % ' -Provkgng financial assurance.
-Recording an affidavit for the Infiltration area.
Maintaining native vegetation in the 754bot OHWM setback
•Limiting the use of phosphorous fertilizers.
1
•
St. Croix County Board of Adjustment
Hearing Date: August 24, 2006
APPLICATION # 6: Special Exception
Applicant: Brian Hanson,property owner
Site Address: 1337 Christy Court, River Falls,WI
Property#: 11.28.18.168A-40
Computer#: 022-1030-95-400
Location: NE % of the NW '/of Section 11, T28N,RI 8W,Town of Kinnickinnic
Zoning: Ag Residential and Shoreland District
Lot Size: 4.27 acres
Request: Special exception for filling and grading within the Shoreland District of the Kinnickinnic
River pursuant to Section 17.29(2)(c)of the St. Croix County Zoning Ordinance.
Exhibits: 1) Staff Report
2) Special Exception Application with Site Plans, submitted July 5,2006
3) Photos
4) Town of Kinnickinnic Letter,dated
5) Land and Water Conservation Department Recommendation, dated August 10,2006
6) Wisconsin Department of Natural Resources Recommendation,dated August 17, 2006
The applicant requests a special exception permit for filling and grading in the Shoreland District of the Kinnickinnic
River in the Town of Kinnickinnic in order to construct a house and attached garage on an undeveloped lot. The total
amount of impervious coverage to be added to the site-including the house,garage, and driveway-is 4,641 square feet.
The house will feature a walkout basement and will be located over 200 feet from the OHWM of the river. It will meet
all other required road and side yard setbacks. The grading limits for the house, garage, driveway, septic system, and
proposed infiltration area will encompass a total area of 22,500 square feet on slopes ranging from less than 12 percent
to not more than 20 percent. Grading limits extend 40-50 feet out from the perimeter of the proposed house and garage.
No filling and grading will occur within the floodplain, existing wetlands on the site, or within 75 feet of the OHWM.
The applicant has submitted grading, erosion control, and storm water management plans featuring an infiltration area to
be constructed in the northwest corner of the lot to capture and infiltrate runoff from the impervious coverage on the
site. An existing infiltration area along the north property line will also be used for this purpose. The applicant plans to
retain the existing level of native trees and shrubs within the 75-foot setback of the Kinnickinnic River,with some
buckthorn removal.
UUTtNT1A1
Town of Kinnickinnic: The Town Board will meet on this request on September 5`h(Exhibit 4).
St.Croix County Land and Water Conservation Department: Steve Olson has reviewed the application and
approves of the storm water management plan.He recommends that the applicants record an operation and maintenance
plans for the retention and infiltration area against the property and install and maintain a double row of silt fence until
self-sustaining vegetative cover is established on all disturbed areas(Exhibit 5). Steve will be available at the hearing to
answer questions.
Wisconsin Department of Natural Resources: Dan Baumann has reviewed the application and concurs with County
staff recommendations.He also verified that a Chapter 30 Permit is not needed(Exhibit 6).
- 1 - Exhibit 1
f
SITE RF-VIE*:
The lot is in a recently created 4-lot residential subdivision.Properties adjacent to this site are zoned Ag Residential/
Shoreland.The adjoining lot to the south currently features one year-round residence.The other lots in the subdivision
have not yet been developed.
"TAFF',,,SUJK
ArtY
Section 17.29(2)(c)1-3 of the Ordinance requires a special exception permit for filling and grading in any area which has
surface drainage toward and is within 300 feet horizontal distance of a navigable body of water.
Section 17.70(7)(a)of the Ordinance stipulates that the Board of Adjustment shall only grant special exceptions subject
to the following provisions:
1. No grant of a special exception shall violate the spirit or general intent of this chapter.
2. No special exception shall be allowed which would be contrary to the public health, safety, or general welfare or
which would be substantially adverse to property values in the neighborhood affected.
3. No use shall be permitted by special exception that would constitute a nuisance by reason of noise, dust, smoke,
odor, or other similar factors.
4. The Board shall also apply standards set forth in other sections of this chapter,which apply to particular classes
of special exceptions.
Section 17.70(7)(b)of the Ordinance stipulates that the Board of Adjustment shall not approve a special exception in the
shoreland area without specific consideration of the following items(as staff finds applicable):
• The maintenance of safe and healthful standards.
• The prevention and control of water pollution including sedimentation.
• Existing topographic and drainage features and vegetative cover on the site.The location of the site with respect
to floodplains and floodways of rivers and streams.
• The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.
(Please refer to Section 17.70(7)(b)of the St. Croix County Zoning Ordinance for all criteria.)
Section 17.70(7)(d)2 of the Ordinance states that the Board of Adjustment may require that applicants provide additional
information for special exception requests in the Shoreland District as follows:
a. A plan of the area showing contours, soil types,high water mark,groundwater conditions,bedrock, slope and
vegetative cover.
b. Location of buildings,parking areas,traffic access driveways,walkways,piers,open spaces and landscaping.
c. Plans of buildings, sewage disposal facilities,water supply systems and arrangements of the operations.
d. Specifications for areas of proposed filling,grading,lagooning or dredging.
e. Other pertinent information necessary to determine if the proposed use meets the requirements of this chapter.
Section 17.70(7)(f)of the Ordinance states that the Board of Adjustment may make the granting of a special exception
permit contingent upon such express conditions as it considers necessary to further the aims of the chapter, including but
not limited to:
1. The period of time in which all or part of the use may be permitted.
2. Increased setback and yard dimensions.
3. Specified sewerage disposal and water supply facilities.
4. Landscaping and planting screens.
5. Operational control.
6. Sureties.
7. Deed restrictions.
8. Location of docks,piers or other structures, signs, etc.
9. Location and amount of parking facilities.
10. Type of construction.
11. Type of shore cover.
-2-
Regarding filling and grading, Section 17.29(5) of the Ordinance states that the Board of Adjustment may attach the
following conditions to a special exception permit as staff finds applicable:
• The smallest amount of bare ground be exposed for as short a time as possible.
• Temporary ground cover such as mulch be used and permanent cover such as sod be planted.
• Diversions, silt basins,terraces and other methods to trap sediments be used.
• Fill be stabilized according to accepted engineering standards.
(Please refer to Section 17.29(5)of the St. Croix County Zoning Ordinance for all criteria.)
The Board of Adjustment after contemplating all relevant information may do one of the following:
1. Recommend approval of the request.
2. Recommend denial of the request.
3. Table/postpone the decision to absorb information gathered or request additional information.
The Board of Adjustment must stipulate findings to support their decision(for approval or denial).
Si4 INDINGS AND CONCLU$IO IS OF LAW:
Staff offers the following findings of fact and conclusions of law for the Board's consideration:
1. The applicant is Brian Hanson,property owner, 1337 Christy Court, River Falls,WI.
2. The site is located in the NE '/ of the NW '/ of Section 11, T28N,RI 8W,Town of Kinnickinnic, St. Croix
County,WI.
3. The applicant filed an application with the Board of Adjustment for a special exception permit for filling and
grading in the Shoreland District of the Kinnickinnic River pursuant to Section 17.29(2)(c)of the St.Croix
County Zoning Ordinance.
4. All proposed structures meet the setback requirements in the St. Croix County Zoning Ordinance.
5. With conditions for controlling erosion and managing storm water runoff to minimize the risk of water pollution
and sedimentation entering the Kinnickinnic River, and preserving and enhancing existing shoreline habitat to
maintain the ecological characteristics of the river,this request:
• will not violate the spirit or general intent of the Shoreland District pursuant to Sections 17.26(3)(b)5.a.-c.
and 7.a. and c. of the St. Croix County Zoning Ordinance,
• will not negatively impact the public health, safety or general welfare of the public,nor will it be
substantially adverse to property values in the neighborhood,
• will not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors,and
• will comply with the requirements of Section 17.70(7)(b)2, 3 and 5 and will be consistent with the
provisions of Sections 17.70(7)(d) and(f)of the Ordinance.
6. The Town of Kinnickinnic has not yet submitted a recommendation on this request.
7. The St. Croix County Land and Water Conservation Department approves of the storm water management plan
with conditions for recording an operation and maintenance plans for the retention and infiltration areas against
the property and installing and maintaining a double row of silt fence until self-sustaining vegetative cover is
established on all disturbed areas.
8. The Wisconsin Department of Natural Resources concurs with County staff recommendations and has verified
that a Chapter 30 Permit is not needed.
-3-
STAFF RECOMMENDATION:
Based on the findings of fact and conclusions of law, staff recommends approval of this special exception request,with
the following conditions for your consideration:
1. This special exception permit allows the applicants to disturb approximately 22,500 square feet of land in the
Shoreland District of the Kinnickinnic River to construct a house and attached garage and install a septic
system, driveway, and infiltration area as indicated in the plans submitted on July 5,2006, and as provided in
the conditions below.Approval for this special exception permit does not include any additional grading and
filling, structures, or impervious coverage not indicated in the plans.
2. Prior to commencing construction,the applicants shall be responsible for securing necessary permits from the
Town of Kinnickinnic and obtaining any other required local, state, or federal permits and approvals.
3. The Town of Kinnickinnic 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.
4. Prior to commencing construction,a double row of silt fence shall be installed around the perimeter of the
construction site in accordance with the erosion control and grading plan submitted on July 5,2006.During
construction,the smallest amount of bare ground shall be exposed for as short a time as possible. Immediately
upon completion of the construction,temporary ground cover shall be used until permanent groundcover is
established. The double row of silt fence shall remain intact until self-sufficient native vegetation has been
established, after which time it shall be removed.
5. Within 30 days of this approval,the applicants must submit a financial guarantee equal to 120%of approved
installation estimates in favor of St. Croix County, to be held by the Planning and Zoning Department for the
proposed infiltration area to ensure proper installation and the establishment of permanent vegetation. 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 guarantees:
• Written estimates must be submitted to the Zoning Administrator for prior review and approval.
• No construction, including earth moving, shall take place prior to approval of the financial guarantees
• The applicant shall have the engineer or registered landscape architect 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(see
Condition#6).
• Upon substantial completion of all required improvements,the applicant shall notify the Zoning
Administrator of the completion of the improvements in writing. The 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.
6. Within 60 days of this approval,the applicant shall execute and record an affidavit against the property
referencing the storm water management plan and operation and maintenance agreement for the infiltration area.
The applicant shall provide recorded copies to the Zoning Administrator at this time.The intent is to make the
current and future owners aware of the responsibilities as well as the limitations incurred as a result of the
conditions of this decision and the associated plans.
7. Within 60 days of completing construction, the applicant shall submit to the Zoning Administrator certification
or record drawings prepared by the project engineer ensuring that all construction, final grading, and storm
water management measures have been installed as indicated in the plans, and photographs of the property as
viewed from all angles, including from the river.
8. The height of the house shall not exceed 35 feet as measured from the lowest adjacent grade to the midpoint
between the eaves and the peak.
-4-
9. The current level of native forbs shrubs and trees within the 75-foot OHWM setback and wetland area shall be
maintained to substantial) screen all structures from the river during summer leaf-on conditions and continue to
Y g
provide a natural shoreline buffer area and wildlife habitat.
10. 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.
11. Any minor change or addition to the project, including but not limited to design of the project, shall require prior
review and approval by the Zoning Administrator. Any major change or addition to the originally approved plan
will have to go through the special exception approval process.
12. The applicant shall have one(1)year from the issuance of the special exception permit to commence
construction and two (2)years from the issuance of this permit to substantially complete the project.Failure to
do so shall result in expiration of the special exception permit. If the special exception permit expires within this
timeframe,the applicant will be required to secure a new special exception permit.Upon prior request from the
applicant,the Zoning Administrator may grant approval for an extension of up to six months.
13. 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.
14. Accepting this decision means that the applicant has read,understands, and agrees to all conditions of this
decision.
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