HomeMy WebLinkAbout022-1060-50-100 (4) ST@ CROIX COUNTY
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PLANNING & ZONING
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2010 File Ref: SE0216
Jon "Scott" & Susan Williams
263 Liberty Rd.
River Falls WI 54022
Code Administra
715-386-4680
Land Information Re: St. Croix County Special Exception Conditions
Planning PARCEL#: 21.28.18.327B,TOWN OF KINNICKINNIC
715-386-4674
Dear Mr. & Mrs. Williams:
Real Prope
715-3 677 This letter is intended as documentation that you have met the conditions contained in the
Board of Adjustment Decision for the above referenced file. An affidavit has been recorded,
Re cling as required in Condition #5, that details your agreement to maintain an adequate vegetation
-386-4675 buffer along the Kinnickinnic River and you provided photographs of the site as required in
Condition#6. The site has been stabilized and is in compliance with the timetable in Condition
#8.
Please feel free to contact me if you have any questions regarding your special exception
permit or if other Shoreland zoning questions arise.
Si
c
Pam Quinn
Zoning Specialist
Cc: Town of Kinnickinnic
Steve Olson, LWCD
Carrie Stoltz, WDNR
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ST.CROIX COUNTY GOVERNMENT CENTER
1 101 CARMICHAEL ROAD,HUDSON, W/ 54016 715-3864686 FAX
PZCaCO.SAINTCROIX.WI.US WWW.CO.SAINT-CROIX.WI.US
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PLANNING G & ZONING
January 29,2010 File Ref: SE0216
Jon"Scott"& Susan Williams
263 Liberty Rd.
River Falls, WI 54022
=° Re: St. Croix County Special Exception Request
Parcel#: 21.28.18.327B,Town of Kinnickinnic
Code Adminisrratt
715-386-4680 Dear Mr. &Mrs. Williams:
Land Information
Planning The St. Croix County Board of Adjustment(Board)has reviewed your request for the following item:
�:.
715-386-4674,
After-the-fact special exception for filling and grading an area exceeding 10,000 square feet
Real P in the Shoreland District of the Kinnickinnic River pursuant to Section 17.29(2)(d)of the St.
715 -46 Croix County Zoning Ordinance.
R cling After the hearing on January 28, 2010 the Board approved the special request with conditions. The
5-386-4675 enclosed document is the formal decision regarding your special exception request.
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.
Pamela Quinn
Zoning Specialist/Zoning Administrator
Enclosure: Formal Decision
cc: Clerk,Town of Kimiickinnic
Steve Olson Land and Water Conservation Department
artment
Carrie Stoltz,WI Department of Natural Resources
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ST.CRO/X COUNTY GovERNMENT CENTER
1 101 CARM/CHAEL ROAD,HUDSON, Wi 54016 715386.4686 FAx
PZPCO.SA/NT-CRO/X.M.US WWW.CO.SAINT-CROIX.WI.US
FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST.CROIX COUNTY,WISCONSIN
File Number: SE0216
Applicants: Jon& Susan Williams,property owners
Parcel Number: 21.28.18.327B
Complete Application Received: December 4,2009
Hearing Notice Publication: Weeks of January 11 and January 18,2010
Hearing Date: January 28,2010
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony and considered the entire record herein, the Board makes the following Findings of
Fact and Conclusions of Law pertinent to the special exception request:
1. The applicants are Jon& Susan Williams,property owners.
2. The site is located in the SW % of the NW '/, Section 21,T28N,RI 8W,Town of Kinnickinnic, St. Croix
County, Wisconsin.
3. The applicants filed an application with the St. Croix County Board of Adjustment for an after-the-fact
special exception permit for filling and grading an area exceeding 10,000 square feet in the Shoreland District
of the Kinnickinnic River pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance.
Specifically,the applicants' excavating contractor stabilized the disturbed area with hydroseed after
completion of grading and installed silt fence as a sediment control measure for any runoff that might move
toward the river.
4. The site is located in the Ag Residential District and within the Shoreland Overlay District of the
Kinnickinnic River, and is within a primary environmental corridor as identified by the St. Croix County
Development Management Plan 2000-2020. The project did not adversely affect the river's water quality due
to the lack of precipitation and/or stormwater runoff during the excavation for the in-ground geothermal
tubing. With conditions for maintaining proper erosion and sediment control measures after construction;
limiting the use of phosphorous fertilizers; restoring native vegetation to the site; and requiring all work to be
completed within one year with no extensions,this request will be consistent with the goals and objectives of
the St. Croix County Development Management Plan 2000-2020 aimed at protecting slopes and controlling
erosion and sedimentation from development, identifying and protecting environmental corridors,and
guiding development to locations and conditions that minimize adverse impacts to natural resources.
5. With the conditions listed in Finding#4 above,this request will not violate the spirit or intent of the St.Croix
County Zoning Ordinance and will meet the requirements in Sections 17.70(7)(a)and 17.70(b)of the
Ordinance regarding potential negative impacts to the water quality of the Kinnickinnic River.
6. The Town of Kinnickinnic Town Board recommended following all shoreline procedures and approval for
the special exception permit.
7. The St. Croix County Land and Water Conservation Department has reviewed the application. On October
29'b 2009 the Land and Water Conservation Department received a complaint for filling and grading within
close proximity to the Kinnickinnic River. Kyle Kulow and Steve Olson investigated the site and informed
the landowners and contractors that they were in need of a permit and that the filling and grading would
require the installation of silt fence. The applicant and contractor were very cooperative and installed the silt
fence by the end of the day. There is no need for a stormwater plan since no additional impervious coverage
is proposed for the site. The erosion control plan is adequate for the site. The silt fence shall be maintained
until adequate self-sustaining vegetation is established.
8. The Wisconsin Department of Natural Resources staff reviewed the application and has already issued a
Cha p ter 30 storm water general permit to the applicants for disturbing 16 square 000 feet
area within 300
feet of the Kinnickinnic River OHWM.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein,the Board has approved the
special exception with the following conditions:
1. This special exception permit allows after-the-fact filling and grading of>10,000 sq. ft. to utilize an in-
ground geothermal heating system. Approval for this special exception permit does not include any additional
grading and filling,tree removal, structures,uses,or other development activities.
2. The applicants have secured other required local, state,or federal permits and approvals.
3. The applicants shall maintain erosion and sediment control measures in accordance with the approved plans
until self-sustaining,permanent groundcover is successfully established on all disturbed areas of the site.
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.
4. Within 30 days of this approval,the applicants shall submit to and have approved by the Zoning
Administrator a vegetation management plan featuring native vegetation and identifying the species and
densities of plant species to be planted on all disturbed areas. A long-term maintenance agreement shall be
included in the management plan to ensure that all vegetation establishes successfully,the required 35 ft.
buffer be maintained,and is managed properly to protect sensitive wildlife habitat within the primary
environmental corridor and Shoreland District, filter storm water runoff from the site,and protect the river
from negative impacts due to erosion and/or sedimentation.
5. Within 30 days of substantially completing the vegetation restoration project,the applicants shall record an
affidavit referencing this decision and the long-term vegetation maintenance agreement 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.
6. Within 30 days of substantially completing the vegetation restoration project,the applicants shall submit to
the Zoning Administrator photos of the site to document that the project has been completed as approved.
7. 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.
8. The applicants shall have six(6)months from the date of this approval to commence the vegetation
restoration project and one(1)year 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 permit expires before the project
commences,the applicants will be required to secure a new special exception permit before starting.
9. 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 applicant and an opportunity for a
hearing.
10. 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: Chairman Malick, yes; Hurtgen, yes;Peterson,yes; Nelson, 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.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: �GUQ
Date Filed:2/1/10 Clarence W. "Buck"Malick, Chairperson
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