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Do Not Write In This Space!
Zoning Department Use Only!
File #:
Activity: Rezoni / Variance / cial Exception
Proposed Zoning District: A2-01 AG-02 AR-03 RES-04 COM-05 IND-06
Current Zoning District: A2-01 AG-0 AR-03 RES-04 COM-05 IND-06
Overlay District(s): None-01 Shoreland-02� Wetland-0 Floodplain-04 Rive y-05
Variance/Special Exception Code(s): ����/w�wa�� �.C1 // �
Ordinance Section #(s):
, A yh ,=�.�3
Disposition: Denied-0 / Approved-02 / ithdrawn-03 / Postponed-04 Date: �°13
Supporting Evidence: YES NO
Plot Map or Plan Site Plan own Approval Ltr. CSM %\ ootos / Maps / Soil Test
Other:. U- S11 0 CO I'r,G t��o� b ��cih , �oa d �(ar►
�ho-win5 c�r;veway oca�
Hardship: YES V a r 1;�r
Linked to Rezoning: YES �N
Conditions: YES NO
Objections: YES NO
2/96
STtROIX COUNTY
WISCONSIN
ZONING OFFICE
�pnepprn■ r...i
ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
---_— - Hudson, WI 54016-7710
h. (715) 386-4680
June 21, 1996
Tom & Bonnie Carroll
N8122 - 1015th Street
River Falls, WI 54025
RE: Board of Adjustment Decision
File Ref: 22-96
Dear Mr. & Mr. Carroll :
The St. Croix County Board of Adjustment has reviewed your
application for a driveway separation variance and special
exception request for filling in a floodfringe and has
conditionally approved your application. The enclosed document is
the formal decision regarding your application.
If you have any questions, please give our office a call.
Sincerely,
dollillopw
Thomas C. Nelson
Zoning Administrator
db
Enc.
cc: Carole Hoopman, Clerk
Town of Kinnnickinnic
179 Highway 65
River Falls, WI 54022
{ F7
J I i
FINDINGS, CONCLUSIONS, DECISION
AND ORDER OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 22-96
Complete Application Received: 3/27/96
Hearing Date: 5/23/96
Dates of Publication: Weeks of 5/06/96 and 5/13/96
FINDINGS OF FACT
Having heard all the testimony, considered the entire record
herein, and conducted an on-site inspection, the Board finds the
following facts:
1. The applicant(s) are Tom & Bonnie Carroll, whose address is
N8122 - 1015th Street, River Falls, Wisconsin 54022 .
2 . The applicant, on March 27 , 1996 filed with the Zoning Office
an application for a driveway separation variance request and
a special exception request for filling in a floodfringe.
3 . Tom and Bonnie Carroll are the owners of the property which is
the subject of this application which is located in the NW; of
the NW', of Section 29, T28N, R18W, Town of Kinnickinnic, St.
Croix County, Wisconsin.
4 . The subject property is currently used for recreation.
5. Nelson stated this was a request for a driveway separation
variance and filling in a floodfringe. Nelson introduced
Exhibit #1, a copy of a CSM identifying the location of the
property; Exhibit #2 , a blueprint drawing of the subdivision
showing the floodplain area, drawn by Larry Murphy, Registered
Land Surveyor; Exhibit #3 , a site plan of the lot in question
showing the residence, garage, driveway and also showing a 12'
wide road running through the southern edge of the floodplain.
Nelson noted he spoke with Gary Lepeck from the DNR and Lepeck
told him the DNR will not be reviewing this request and have
no objections or review authority in this matter and the
County would be the one to make the decision. Nelson went on
to present Exhibit #4 , a road plan showing the location of the
new driveway with the distance between the south edge of the
new driveway and the north edge of the existing Caliva
driveway to be 1401 ; Exhibit #5, a cross-section of the
proposed driveway showing a 24 ' wide culvert placed in the
area of the driveway and the actual fill of 6" of crushed rock
12 ' wide with a 3 : 1 grade, also showing elevation.
6 . Bradley asked Nelson if we had received township approval.
Nelson stated he has spoken with the township and they had
approved it, but no written approval had been received. Mrs.
Carroll presented correspondence from the Town of Kinnickinnic
stating their approval of this request. Nelson labeled this
correspondence as Exhibit #6.
7 . Tom & Bonnie Carroll, being duly sworn, stated they reside at
N8122 1015th Street, River Falls, Wisconsin and had purchased
this property two years ago and that there is a buildable
site.
8 . Bradley questioned why they were so close to the east property
line. Mr. Carroll stated they were 20' to 25' from the east
property line and Dan Linehan owns all the surrounding
property.
9 . Bradley questioned the 140' distance from edge to edge of the
two driveways. Nelson stated the ordinance requires the
distance to be measured from center to center. Nelson added
that the further north they go the closer they get to the
flood plain.
10. Bradley asked if the Caliva's had any objections. Mr. Carroll
stated they had no concerns.
11 . Bradley questioned the material to be used for fill . Mr.
Carroll stated it would be crushed rock.
12 . Nelson questioned the fill plan. Mr. Carroll stated there
would be two culverts 24" in diameter and 24' long, this would
be 22' at the base and the fill would be feathered out. Mr.
Carroll stated they want to be good stewards with the river.
Nelson stated he has walked the property with them and they
have been very helpful.
CONCLUSION OF LAW
The Board Concludes that:
VARIANCE:
1. The Board of Adjustment has authority under Section 17.70 (5)
(c) 3 to approve or deny an application for a variance.
2 . Section 17 . 64 (5) (3) requires a minimum of 200' spacing
between access driveways, adjoining driveways permitted to
accomplish same. A minimum distance of 200' spacing between
access driveways and the centerline of an intersecting
highway.
3 . A literal enforcement of the terms of the Zoning Code would
result in unnecessary hardhsip to the applicant because of the
physical limitations of the property.
4 . A variance would not be contrary to the public interest and
would be in accord with the spirit of the Zoning Code because
the purpose of the ordinance is to promote public safety,
general welfare and convenience.
5. The variance is requested due to limiting physical
characteristics of the property and the restrictive buildable
area of the property.
SPECIAL EXCEPTION:
1. The Board of Adjustment has authority and Section 17 . 70 (5)
(c) 4 to approve special exception uses.
2 . Special exception uses may be terminated as per 17 .70 (7) (d)
of the St. Croix County Zoning Ordinance if the plan or the
conditions of the decision are not followed.
3 . Section 17 . 45 (3) allows a special exception for filling in a
floodfringe in a Floodplain District.
DECISION
On the basis of the above Findings of Fact, Conclusion of Law, and
the record herein, the Board approves the applicants' request for
a driveway separation variance and special exception use request
for filling in a floodfringe on the following vote:
Chairman Bradley yes
T. Filipiak yes
A. Jensen yes
C. Mehls yes
with the following conditions:
1. This decision expires on May 23 , 1997 .
2 . The applicant must complete this project according to the
plans submitted. Minor changes in the project must be
submitted to and approved in writing by the Zoning Office
before the project starts or continues. Major changes must be
brought back to the Board of Adjustment for review and
approval .
3 . The applicant is responsible for obtaining any permit or
approval required for the project by municipal, town or county
zoning ordinances or by the U.S. Army Corps of Engineers
before starting the project.
4 . The applicant must provide confirmation that he/she has
completed permit process with all other regulatory agencies.
5. The applicant must allow free and unlimited access to the
project site at any reasonable time to any Zoning Office
employee who is overseeing the project's construction,
operation, or maintenance.
6. The applicant shall perform the removal under the direction of
the Zoning Office if it becomes necessary to protect the
navigable waters involved.
7 . The Board of Adjustment may change or revoke this decision if
the project becomes detrimental to the public interest.
8. This decision has been issued with the understanding that any
construction equipment used is the right size to do the job
and can be brought to and removed from the project site
without unreasonable harm to vegetative cover and/or wildlife
habitat. The removal of vegetative cover and exposure of bare
ground shall be restricted to the minimum amount necessary for
construction. Areas where soil is exposed must be protected
from erosion by seeding and mulching, sodding, diversion of
surface runoff, installation of straw bales or silt screens,
construction of settling basins, or similar methods as soon as
possible after removal of the original ground cover.
9 . The applicant must keep a copy of this decision at the project
site at all times until the project has been completed.
10. Tom Nelson, Zoning Administrator, shall be notified prior to
beginning the project. Call him at (715) 386-4680 so that
compliance inspections can be made.
11. An immediate erosion control and stabilization plan must be
implemented.
12 . Culverts are to be adequately sized and spaced so as not to
impond water.
13 . Accepting this decision and beginning the project means that
the applicant has read, understands, and agrees to follow all
conditions of this decision.
APPEAL RIGHTS
This decision may be appealed by any person aggrieved by filing an
action in certiorari in the circuit court of this County within 30
days after the date of filing shown below. The County assumes no
liability for and makes no warranty as to the legality of any
construction commenced prior to the expiration of this 30-day
period or the identity of any person who may claim to be aggrieved
by this decision.
ZONING BOARD OF ADJUSTMENT
Singed
Chairperson
Dated: 6/21/96
Filed: 6/21/96
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PAGE 55B I UNPLATTED n M LO T 4 ° f
_LANDS_
6.320 ACRES Cb 9,
275,552 vO.FT. - I 1 tEI ED:'
NET - 6.055 ACRES,
0 263,760 SOFT. �ti`!. O +z
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RI 1 INDICATES PREVIOUSLY RECORDED DATA O° •"�
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UNPLATTED LANDS << CS' T l OWf'1 kOAD
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ST. CROIX COUNTY
• ndica:;es V' iron pipe found COMPU4EIOUPZ PAWS rIAwxr1;;
O indicates 1"x221'' irc-, -,�e YIP=r.11I� , 1.1.3 lbs./llw i t. set. MD ZOf' )4-:, COM.WTTE:
State of Wisconsin) 140TE : LOTS ( AN.D2 DESCRIBED ON SHEET I
County o? :'fierce)
LOTS 3 AND 4 DESCRIBED ON SHEE 2
-
I , Laurence W. 1- irphy, Registered Land Surveyor, do hereby certify ghat by di_•c!ction
of the 0',:::er, Daniel .1 . Linehan, i have surveyed and divided the lands iti•.i;•-i
in accordance 'w--th Cff_cipl recur';s, Chapter 2-�6 cf Wisconsin St-a- U.es Eind th :
0_'d�r.ances c: St. Croix County; and t-,at the above map and description ere a '.•:ua
and correct representation therecf.
Dated: 221 June 198r�
Revised: 25 Ccto'.;er\i98�
Vol. 5 Paged ,' Laurence W. 1,TLirpny
Certif,ed S r ,ey :;aps Registered Land Survey^r RPF')
St. Croix County, Wiscons-r: (D-7SC--K Pil0N, ON F—WERSL') S 1713
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