HomeMy WebLinkAbout022-1071-10-050 (2) •
FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST.CROIX COUNTY,WISCONSIN
File: SE0048
Applicants: Mae Wolfe,property owner
Parcel ID#: 25.28.18.395A-10
Complete Application Received: November 10,2005
Hearing Notice Publication: Weeks of December 18 and 25, 2005
Hearing Date: January 5,2006
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all of 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 Mae Wolfe, property owner, 117 County Road JJ, River Falls, WI 54022.
2. The site is located at 1398 Halo Drive in the SW '/4 of the SW '/4 of Section 25, 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 to
construct a two-family dwelling pursuant to Section 17.15(6)(a)of the St. Croix County Zoning
Ordinance.
4. Two-family dwellings are permitted with a special exception permit in the Ag Residential District.
5. The proposed dwelling meets the definition of"two-family dwelling" in the Ordinance because it is
designed for and may be occupied by two families. With conditions that ensure that the two residences
are not split into two detached single-family dwellings on the same parcel,this request would not
violate the requirements of the Ordinance. Conditions are necessary to address the unique design,
which features a primary residence that does not share a common foundation or roof with the secondary
residence; rather,they are connected by a fully enclosed accessory pergola/corridor with frost footings
that could feasibly be removed by future owners.
6. This request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance as it
will provide options for assisted living for the applicant's family in the immediate future and the
potential for affordable housing for County residents in the long term future.
7. This request does not negatively impact the health, safety or general welfare of the public, nor would it
be substantially adverse to property values in the neighborhood since the design is complementary to
the character of existing single-family homes in the area.
8. This request does not constitute a nuisance by reason of noise, dust, smoke,odor or other similar
factors since the use is residential.
9. The St. Croix County Planning and Zoning Department has issued a sanitary permit for the proposed
two-family dwelling.
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10. There has been no public opposition to this request.
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DECTSTON
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 for a two-family dwelling,with the following conditions:
1. This special exception permit allows the applicant to construct a two-family dwelling as indicated in the
plans submitted on November 10, 2005. Approval for this special exception permit does not include any
additional grading and filling,structures,or impervious coverage not shown or indicated in the plans,
but does include the possible addition of a full basement underneath the corridor connecting the
primary and secondary residences.
2. Prior to commencing construction,the applicants shall secure all other required local, State, or Federal
permits and approvals, including but not limited to a building permit from the Town of Kinnickinnic.
3. During construction,the applicant shall be responsible for ensuring that Best Management Practices for
soil erosion are employed and 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 such as mulch
shall be used until permanent groundcover is established.
4. Within 60 days of completing construction,the applicant shall submit to the Planning and Zoning
Department photographs and a record drawing of the completed project.
5. Within 60 days of completing construction,the applicant must record an affidavit disclosing the special
exception decision against the property so that future owners are aware of the conditions and
limitations of this approval. The applicant must provide a recorded copy of the affidavit to the Zoning
Administrator.
6. The two residences must remain permanently connected by a fully enclosed corridor and shall never be
separated into two detached single-family dwellings on the same parcel.
7. The applicant shall provide adequate off-street parking for all residents of the two-family dwelling.
8. The applicant shall maintain the property in a neat and orderly manner.
9. Any minor change or addition to the project, including but not limited to design of the project(with the
exception of the possible addition of a full basement under the corridor connecting the primary and
secondary residences), shall require review and approval by the Planning and Zoning 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.
1 year from the issuance of the 10. The applicant shall hav e one O y special exception permit to commence
construction. Failure to do so shall result in expiration of the special exception permit. If the special
exception permit expires before construction commences,the applicant will be required to secure a new
special exception permit before starting or completing construction on the project.
11. These conditions may be amended or additional conditions may be added if unanticipated conditions
health and/or safety of citizens or degrade the natural resources of St. Croix
arse that would affect the ty �
County. Conditions will not be amended or added without notice to the applicant and an opportunity
for a hearing.
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read understands and agrees to all conditions of
means that the applicant has ,
12. Accepting this decision m pp , g
this decision.
The following vote was taken to approve: Luckey,yes; Jensen,yes; Chairperson Speer,yes. Motion carried
unanimously.
APPF,A .RTGHTS
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'
J e Spe r,Chair erson
Date Filed: 01/06/06 Attest:
Je y Shil x,Land Use Sp ialist/
Zoning A ministrator
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PLANNING &. ZONING
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January 6,2006 File Ref: 05SE0048
x' Mae Wolfe
117 County Road JJ
:
River Falls WI 54022
..... .....
Re: St. Croix County Special Exception Request
Parcel ID#: 25.28.18.395A-10,Town of Kinnickinnic
Code Administrate
Dear Ms. Wolfe:
715-386-4680
exception
The St. Croix County Board of Adjustment (Board) has reviewed your sp ecial request
Land Information&. _ in the Town of Kinnickinnic. At the hearing on January 5, 2006, the
L mil dwelling for a two-family y g
Planning Board approved the special exception request with conditions. The enclosed document is the
715-386-4674 formal decision regarding the application.
RealPrgrty As stated in the decision, you must secure a building permit from the Town of Kinnickinnic and
715,.>*-4677
obtain any other required local, State, and Federal permits and approvals. Should you have any
Recycling questions or concerns,please contact me at 715-386-4680.
75-386-4675
Sincerely,
d
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Jenny Shillcox
Land Use Specialist/Zoning Administrator
Enclosure: Formal Decision
cc: David Phillips,Town of Hudson/with enclosure
ST.CRO/X COUNTY GOVERNMENT CENTER
1 101 CARM/CHAEL ROAD,HUDSON, Wi 54016 715386-4686 FAX
1NVV4V.0\:SAINT-CRGIX W.LIS
P 000.SAbVTCROIX.W/.US
OFFICIAL
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
January 5,2006
(This hearing recorded by a Court Reporter)
The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was made. Julie
Speer, Art Jensen, Linda Luckey and Buck Malick were present. Sue Nelson was absent and excused.
Staff included: David Fodroczi, Planning and Zoning Director, Jenny Shillcox, Zoning Specialist,
Jenn Emmerich, Zoning Specialist, Steve Olson, Land and Water Conservation Department and
Debbie Murphy,recorder.
The meeting of the Board of Adjustment was called to order. Chairperson Speer believes this to be a
properly noticed meeting,and the agenda was adopted.
The next meeting for the Board will be January 26, 2006. The meeting will be held in the County
Board Room at the Government Center. The starting time will be 8:30 a.m.
MINUTES
Motion by Malick,seconded by Jensen to adopt the minutes from the December 1,2005 hearing.
Motion carried.
The hearing was opened and testimony taken and recorded by a court reporter.
UNFINISHED BUSINESS
Paul Madsen request as follows:
LOCATION: Gov. Lot 2, Section 36,T28N-R20W,Town of Troy
ADDRESS: 208 N. Ilwaco Road,River Falls, WI 54022
REQUEST: Item#1: Variance request to the requirements for filling and grading in
the Slope Preservation Zone of the St. Croix Riverway District pursuant
to Section 17.36 H.3.c of the Lower St. Croix Riverway Ordinance.
Item#2: Special Exception request for Structural Erosion Control
Measures in the St. Croix Riverway District pursuant to Section 17.36
HA.b. of the Lower St. Croix County Riverway Ordinance. The request
is to allow the applicant to replace retaining walls and decks on the
property and to manage stormwater runoff round the house.
Item#3: Special Exception request for Stairways in the St. Croix
Riverway District pursuant to Section 17.36 H.12 of the Lower St. Croix
Riverway Ordinance. The request is to allow the applicant to install new
steps to access the St. Croix River.
Item#4: Variance request to the requirements for structures in the Slope
Preservation Zone of the St. Croix River pursuant to Section 17.36
H.3.a. of the Lower St. Croix Riverway Ordinance. The request is
to construct decks on the property.
Items#1-3 were tabled on October 27'11 for more information. Item#4 was tabled on December I"for
more information. Staff believes that all information requested has been received and approved by
Zoning staff,DNR and the Land and Water Conservation Department. The Town of Troy has not
submitted a recommendation, as the applicant is still working with them on issues relating to the Town
of Troy Riverway Ordinance. There was no opposition by adjoining property owners.
Paul Madsen,owner and his attorney Jim Reichert,were sworn in and addressed the Board,stating
that they believe that all of the required information and approvals have been received.
NEW BUSINESS
Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of
Adjustment meeting is conducted.
Chairperson Speer stated that the public hearing notice was published correctly and was read into the
record as follows:
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday,January 5,2006
at 8:30 a.m.at the Government Center, 1101 Carmichael Road,Hudson,Wisconsin,to consider the
following requests under the St. Croix County Zoning Ordinance.The Board will view each site in
question,after which the Board will deliberate and vote on the requests.
SPECIAL EXCEPTIONS
1. APPLICANT: St. Croix County Parks Department,owner
LOCATION: The SW '/4 of the NE'/4, Section 11,T29N-RI 5W,Town of
Springfield
ADDRESS: Glen Hills County Park- 1049 Rustic Road 3
REQUEST: Special exception request for filling and grading in the Shoreland
District of Glen Lake to construct a fishing pier pursuant to Section
17.29(2)(c)of the St.Croix County Zoning Ordinance.
2. APPLICANT: Mae Wolfe,owner
LOCATION: The SW '/4 of the SW '/4, Section 25,T28N-R18W,Town of
Kinnickinnic
ADDRESS: 1398 Halo Drive,River Falls,154022
REQUEST: Special exception request for a two-family dwelling in the Ag/
Residential District pursuant to Section 17.15(6)(a)of the St.Croix
County Zoning Ordinance.
All interested persons are invited to attend said hearing and be heard. Additional information may be
obtained from the St. Croix County Planning and Zoning Department,Hudson, Wisconsin at(715)
386-4680.
Julie Speer,Chairperson
St.Croix County Board of Adjustment
The Board recessed from 9:45 a.m.to 10:45 a.m.to view the sites.
DECISIONS:
After hearing testimony on the requested variance and special exception requests,reviewing the
material in the record,and conducting a site visit,the Board rendered the following decisions:
Paul Madsen
Motion by Malick,second by Jensen to approve the Special Exception requests for Structural Erosion
Control Measures and for a stairway in the St. Croix Riverway District and for the Variance requests to
the requirements for filling and grading in the Slope Preservation Zone of the St.Croix Riverway District
and to the requirements for structures in the Slope Preservation Zone of the St.Croix River all special
exception and variance requests based on the following findings:
For Items 1-4 requested:
1. The applicant is Paul Madsen,property owner,252 Bedford Street, SE,Minneapolis,MN
55414.
2. The address of the site is 208 North Ilwaco Road,River Falls, WI 54022.
3. The site is located in Gov.Lot 2 all in Section 36,T28N,R20W,Town of Troy, St.Croix County, Wl
4. The stormwater management,erosion control and vegetation plans have all been designed
under the guidance of the Department of Natural Resources and Land and Water Conservation
Department and have been reviewed and approved by both departments.
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5. The Land&Water Conservation Department does not object to these requests.
6. The Department of Natural Resources does not object to these requests.
7. There has been no public opposition to these requests.
Item#1:After-the-fact variance for filling and grading in the slope preservation zone pursuant
to Section 17.36H.3.c.of the Ordinance.
Having heard all the testimony,considered the entire record herein,and reviewed the site the Board finds
the following facts for Item#1 as requested:
1. The applicant filed an application with the Board of Adjustment for an after-the-fact variance
for filling and grading on slopes facing the river in the slope preservation zone in the
Riverway District to allow for large equipment to access the property to install the septic
system and to implement a storm water runoff and erosion control plan pursuant to Section
17.36H.3.c. of the St.Croix County Zoning Ordinance.
2. A private wastewater treatment system is required for all structures intended for human
habitation,pursuant to Chapter 12, St.Croix County Sanitary Ordinance.
3. The applicant applied for and obtained a sanitary permit from the Planning and Zoning
Department and had the plumber install the system. County approval of the septic system
within the slope preservation zone was issued in error and is not a self-created hardship by the
applicant.
4. Literal enforcement of the provisions of the Ordinance would create an unnecessary hardship
for the property owners due to unique characteristics of their site that result in their having no
feasible location for a septic system for the existing principal structure. The entire home site
is within the slope preservation zone and features other limiting factors for the placement of a
septic system. These site limitations are not self-created by any actions of the landowner.
5. The applicant has been cooperative in addressing short-term and long-term soil erosion and
vegetation replacement on the site.
6. In granting this variance, the spirit of the Ordinance shall be observed and substantial justice
done by allowing the applicants to have a permitted use on their property without causing soil
erosion or contaminating surface or ground water and maintaining the scenic beauty and
natural characteristics of the Riverway.
Item#2: Special exception permit for structural erosion control measures in the Riverway District
pursuant to Section 17.36H.4.b.of the Ordinance.
Having heard all the testimony, considered the entire record herein, and reviewed the site the Board
finds the following facts for Item#2 as requested:
1. The applicants filed an application with the Board of Adjustment for a special exception
permit to construct structural erosion control measures in the St. Croix Riverway District
pursuant to section 17.36H.4.b. of the St. Croix County Zoning Ordinance.
2. There is significant on-going erosion on the site that nonstructural erosion control measures
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cannot control.
3. The structural erosion control measures will be constructed of stone and other natural-
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appearing materials and will be made visually inconspicuous by staining the concrete dark and
adding vines.
4. The applicant has submitted and had approved by the Zoning Administrator all plans as
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required b Section 17 3 H.4.b.3 .
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Item#3: Special exception permit for a stairway in the Riverway District pursuant to Section
17.36H.12.of the Ordinance.
Having heard all the testimony,considered the entire record herein,and reviewed the site the Board
finds the following facts for Item#3 as requested:
1. The applicants filed an application with the Board of Adjustment for a special exception
permit to remove the existing stairway and install a new stairway to access the St.Croix River
pursuant to section 17.36H.12. of the St. Croix County Zoning Ordinance.
2. The stairway is necessary to provide pedestrian access to the river due to slopes exceeding 20
percent.
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3. The stairway will meet all design standards stipulated in section 17.36H.12.a.2)-7)
4. The stairway will be located in a densely vegetated area and will be visually inconspicuous.
5. The applicant will not remove any trees as part of the installation of the stairway.
6. The proposed stairway will be the only stairway to the St. Croix River located on the site.
7. The existing stairway has deteriorated and is a hazard to use.
Item#4: Variance to construct decks in the slope preservation zone pursuant to Section
17.36H.3.a. of the Ordinance.
Having heard all the testimony,considered the entire record herein,and reviewed the site the Board
finds the following facts for Item#4 as requested:
1. The applicant filed an application with the Board of Adjustment for a variance to construct an
—830 square foot deck on the east and south sides of the principal dwelling in the slope
preservation zone in the Riverway District pursuant to Section 17.36H.3.a. of the St. Croix
County Zoning Ordinance.
2. Decks are permitted accessory structures in the Riverway District pursuant to Section
17.36F.2.a.1).
3. Literal enforcement of the provisions of the Ordinance would create an unnecessary hardship
for the property owners,as there is not a compliant building location outside of the slope
preservation zone to attach a deck to the existing principal structure.
4. The location of the nonconforming principal structure and associated home site within the
slope preservation zone is not a shared characteristic by adjoining properties.
5. The proposed pervious wooden deck is being constructed in the same approximate location
and footprint of the preexisting impervious concrete patio. The proposed deck will correct
existing drainage and runoff problems around the home site.
6. With conditions for vegetative screening,erosion control and storm water management,the
spirit of the Ordinance shall be observed and substantial justice done by allowing the
applicants to have a permitted use on their property without causing soil erosion or
contaminating surface or ground water and maintaining the scenic beauty and natural
characteristics of the Riverway.
The Board approved the applicant's variance and special exception permit requests (Items 14)with
the following conditions:
1. The after-the-fact variance(Item#1) is for previously completed filling and grading on slopes
facing the river in the slope preservation zone in the Riverway District to allow for large
equipment to access the property to install the septic system and to implement a storm water
runoff and erosion control plan in accordance with the plans submitted on December 18,2005.
Approval of this variance does not include any additional grading and filling, structures,or
impervious coverage not shown or indicated in those plans.The special exception request
(Item#2) allows the applicant to construct structural erosion control measures in the St. Croix
Riverway District in accordance with the plans submitted on December 18,2005. Approval of
this variance does not include any additional grading and filling, structures, or impervious
coverage not shown or indicated in those plans.
2. The special exception request(Item#3)allows the applicant to remove an existing stairway
and construct a new stairway in accordance with the plans submitted on September 15,2005
and October 20,2005. Approval of this special exception permit does not include any
additional grading and filling, structures,or impervious coverage not shown or indicated in
those plans.
3. The variance request(Item#4) is to construct wooden decks, located on the east and south
sides of the principal dwelling in the slope preservation zone in the Riverway District in
accordance with the plans submitted on November 7,2005. Approval of this variance does
not include any additional grading and filling,structures,or impervious coverage not shown or
indicated in those plans.
4. Prior to commencing construction of the structural erosion control measures,stairway and
decks,the applicants shall secure any necessary permits from the Town of Troy and obtain
any other required local, State,or Federal permits and approvals.
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5. Prior to commencing construction,the applicants must submit to the Planning and Zoning
Department a compliance deposit in the amount of the application fee pursuant to Section
17.36J.8.a. of the Ordinance. The full deposit will be held until all conditions of this approval
have been met.
6. Prior to commencing construction,the applicants must submit to the Planning and Zoning
Department a construction timeline and contact information for the contractor and/or
landscaper in charge of excavation on the site.
7. Prior to commencing construction,the applicants must submit to and have approved.by the
Planning and Zoning Department a vegetation plan for the area upslope of the septic system in
accordance with the vegetation management standards in Section 17.36H.8. of the Ordinance.
8. Prior to commencing construction,the applicants shall submit to the Zoning Administrator a
plan certified by a registered professional engineer or architect showing that the stairway
components are securely anchored to prevent them from shifting and from causing accelerated
erosion.
9. Prior to commencing construction,the applicants shall schedule an on-site pre-construction
meeting with the Zoning Administrator to:
• ensure that all pre-construction conditions have been met;and
• ensure that the property owners and any contractors involved are aware of their roles
and responsibilities.
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10. During construction,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 and permanent cover such
as sod or a native seed mix shall be planted.
11. Within 30 days of completing construction,the applicants shall submit to the Zoning
Administrator record drawings prepared by a registered surveyor and photographs of the
property as viewed from the St. Croix River.
12. Within 30 days of completing construction,the applicant must screen the deck to make it
visually inconspicuous as indicated on the plans submitted on November 9,2005.
13. Within 30 days of completing construction,the applicant must record an affidavit describing
the approved structural erosion control measures and related maintenance requirements and
the approved vegetation management plan with the County Register of Deeds. The intent is to
make future owners aware of the responsibilities incurred in maintaining the structural erosion
control measures,storm water management areas and screening. The applicant must also
submit a copy of the recorded affidavit to the Zoning Administrator.
14. Within 60 days of completing construction of the new stairway,the existing stairway must be
removed.
level of tree 1
15. The applicant shall be responsible for maintaining and enhancing the current e
cover on the site to ensure long-term screening of the stairway,deck,and principal structure
from the St.Croix River and from adjacent properties.
16. 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 approval process.
17. The applicant shall have one(1)year from the issuance of these approvals to commence
construction. Failure to do so shall result in expiration of the variances and special exception
permits. If the variances and special exception permits expire before construction
commences,the applicant will be required to secure new variances and special exception
permits before starting or completing the project.
18. These conditions may be amended or additional conditions may be added if unanticipated
conditions arise that would affect the health and/or safety of citizens or degrade the natural
resources of St. Croix County. Conditions will not be amended or added without notice to the
applicant and an opportunity for a hearing.
19. Accepting this decision means that the applicant has read, understand,and agree to all
conditions of this decision.
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The following vote was taken to approve: Jensen,yes;Luckey,yes; Chairperson Speer,yes,Malick,
yes. Motion carried unanimously.
St.Croix County Parks Department
Motion by Malick, second by Jensen to approve the Special Exception request for filling and grading
in the Shoreland District of Glen Lake to construct a fishing pier based on the following findings:
1. The applicant is the St. Croix County Parks Department,Parks Administrative Office,PO Box
155,New Richmond,WI 54017.
2. The site is located in Glen Hills Park in the SW '/4 of the NE '/4 of Section 11,T29N, R15W,
Town of Springfield, St. Croix County,WI.
3. The applicant filed an application with the Board of Adjustment for a special exception permit
to fill and grade in excess of 2000 square feet in the Shoreland District of Cedar Lake pursuant
to Section 17.29(2)of the St. Croix County Zoning Ordinance.
4. This request is for a public handicapped accessible fishing pier that is dependent on a waterfront
location.
5. This request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance
as it will provide greater access to one of the few lakes in eastern St. Croix County and more
opportunities for low impact recreational activities including fishing and wildlife watching for the
handicapped,elderly,and non-boating public.It will also provide an opportunity to educate the
public about rain gardens and the importance of storm water management in shoreland areas.
6. This request does not negatively impact the health,safety or general welfare of the public,nor
will it be substantially adverse to property values in the surrounding area as it is located in Glen
Hills Park.
7. This request does not constitute a nuisance by reason of noise, dust,smoke, odor or other
similar factors.
8. With the reestablishment of native vegetation between the walking path and the shoreline,the
ecological and scenic characteristics of the shoreline will be maintained.
9. The Town of Springfield has provided funding for this project and supports approval of this
request.
10. The St.Croix County Land and Water Conservation Department has designed this project to meet
ADA requirements and exceed NR 151 storm water runoff standards. Staff will oversee the
construction and conduct final inspections of the completed project.
11. The Wisconsin Department of Natural Resources has reviewed and approved the plans for this
request.
12. There has been no public opposition to this request; in fact,there has been much public support
from the St. Croix County Alliance of Sportsman's Clubs,Inc.
With the following conditions:
1. This special exception permit allows the applicant to disturb approximately 5600 square feet
of land in the shoreland area of Glen Lake to install a commercial handicapped accessible
fishing pier as indicated in the plans submitted on November 8,2005. Approval for this
special exception permit does not include any additional grading and filling,structures,or
impervious coverage not shown or indicated in the plans.
2. Prior to commencing construction,the applicants shall secure necessary permits from the Town
of Springfield and obtain any other required local,State,or Federal permits and approvals.
3. During construction,the smallest amount of bare ground shall be exposed for as short a time as
possible and Best Management Practices shall be implemented to control erosion on the site.
4. Immediately upon completing construction,permanent native vegetation shall be planted between
the walkway and the shoreline.
5. Any signs on the property shall comply with the sign standards pursuant to Section 17.30 of
the Ordinance.
6. Within 60 days of completing construction,the applicant shall submit to the Planning and Zoning
Department photographs of the completed project.
7. Within 60 days of completing construction,the applicant shall submit to the Planning and
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Zoning Department an operation and maintenance agreement for the infiltration basins and
rain gardens.
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 Planning and Zoning 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.
9. The applicant shall have one(1)year from the issuance of the special exception permit to
commence construction. Failure to do so shall result in expiration of the special exception permit.
If the special exception permit expires before construction commences,the applicant will be
required to secure a new special exception permit before starting or completing construction on
the project.
10. These conditions may be amended or additional conditions may be added if unanticipated
conditions arise that would affect the health and/or safety of citizens or degrade the natural
resources of St. Croix County. Conditions will not be amended or added without notice to the
applicant and an opportunity for a hearing.
I L 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: Luckey,yes; Malick,yes;Jensen,yes;Chairperson Speer,
yes. Motion carried unanimously.
Mae Wolf
Motion by Jensen,second by Malick to approve the special exception request for a two-family
dwelling in the Ag/Residential District based on the following findings:
1. The applicant is Mae Wolfe,property owner, 117 County Road JJ, River Falls, WI 54022.
2. The site is located at 1398 Halo Drive in the SW '/4 of the SW '/4 of Section 25,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
to construct a two-family dwelling pursuant to Section 17.15(6)(a)of the St. Croix County
Zoning Ordinance.
4. Two-family dwellings are permitted with a special exception permit in the Ag Residential
District.
5. The proposed dwelling meets the definition of"two-family dwelling"in the Ordinance because it
is designed for and may be occupied by two families. With conditions that ensure that the two
residences are not split into two detached single-family dwellings on the same parcel,this request
would not violate the requirements of the Ordinance.Conditions are necessary to address the
unique design,which features a primary residence that does not share a common foundation or
roof with the secondary residence;rather,they are connected by a fully enclosed accessory
pergola/corridor with frost footings that could feasibly be removed by future owners.
6. This request does not violate the spirit or general intent of the St.Croix County Zoning Ordinance
as it will provide options for assisted living for the applicant's family in the immediate future and
the potential for affordable housing for County residents in the long term future.
7. This request does not negatively impact the health,safety or general welfare of the public,nor
would it be substantially adverse to property values in the neighborhood since the design is
complementary to the character of existing single-family homes in the area.
8. This request does not constitute a nuisance by reason of noise,dust,smoke,odor or other similar
factors since the use is residential.
9. The St. Croix County Planning and Zoning Department has issued a sanitary permit for the
proposed two-family dwelling.
10. There has been no public opposition to this request.
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With the following conditions:
1. This special exception permit allows the applicant to construct a two-family dwelling as
indicated in the plans submitted on November 10,2005. Approval for this special exception
permit does not include any additional grading and filling, structures,or impervious coverage
not shown or indicated in the plans,but does include the possible addition of a full basement
underneath the corridor connecting the primary and secondary residences.
2. Prior to commencing construction,the applicants shall secure all other required local, State,or
Federal permits and approvals,including but not limited to a building permit from the Town of
Kinnickinnic.
3. During construction,the applicant shall be responsible for ensuring
that Best Management
Practices for soil erosion are employed and 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 such as mulch shall be used until permanent groundcover is
established.
4. Within 60 days of completing construction,the applicant shall submit to the Planning and Zoning
Department photographs and a record drawing of the completed project.
5. Within 60 days of completing construction,the applicant must record an affidavit disclosing the
special exception decision against the property so that future owners are aware of the conditions
and limitations of this approval.The applicant must provide a recorded copy of the affidavit to the
Zoning Administrator.
6. The two residences must remain permanently connected by a fully enclosed corridor and shall
never be separated into two detached single-family dwellings on the same parcel.
7. The applicant shall provide adequate off-street parking for all residents of the two-family
dwelling.
8. The applicant shall maintain the property in a neat and orderly manner.
9. Any minor change or addition to the project, including but not limited to design of the project
(with the exception of the possible addition of a full basement under the corridor connecting the
primary and secondary residences),shall require review and approval by the Planning and
Zoning Department prior to making the change or addition. Any major change or addition to
the originally approved plan will have to go through the special exception approval process.
10. The applicant shall have one(1)year from the issuance of the special exception permit to
commence construction. Failure to do so shall result in expiration of the special exception
permit. If the special exception permit expires before construction commences,the applicant
will be required to secure a new special exception permit before starting or completing
construction on the project.
11. These conditions may be amended or additional conditions may be added if unanticipated
conditions arise that would affect the health and/or safety of citizens or degrade the natural
resources of St. Croix County. Conditions will not be amended or added without notice to the
applicant and an opportunity for a hearing.
12. Accepting this decision means that the applicant has read, understands,and agrees to all
conditions of this decision.
The following vote was taken to approve: Luckey,yes;Jensen,yes; Chairperson Speer,yes. Motion
carried unanimously.
The meeting declared adjourned at 11:35 p.m.
Respectfully submitted:
Sue Nelson, Secretary Debra Murphy,Recl6rding S retary
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