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HomeMy WebLinkAbout022-1085-30-000 ST. AOIX COUNTY f=' WISCONSIN ZONING OFFICE ..\` ��eMeMee■ — \solve ST. CROIX COUNTY GOVERNMENT CENTER =w: _ . _- - 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680• Fax (715) 386-4686 October 1, 2003 File Ref: 23-03 Dan Bauer 498 Stageline Road Hudson, WI 54016 Re: Board of Adjustment Decision Dear Mr. Bauer: The St. Croix County Board of Adjustment has reviewed your request for a special exception for a permit for filling and grading on slopes in excess of 20%to construct a driveway to serve a building site and has approved this application with conditions. The enclosed document is the formal decision regarding your application. Should you have any questions or concerns,please do not hesitate in contacting me. Sincerely, Steve Fisher Zoning Director dz Enclosure cc: Humphrey Engineering, Inc., w/enclosure Carol Hoopman, Clerk,Town of Kinnickinnic,w/enclosures Pete Kling, LWCD,w/enclosures i FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY,WISCONSIN Case: 23-03 Complete Application Received: June 16, 2003 Hearing Notice Publication: Weeks of August 11 and 18,2003 Hearing Date: August 28, 2003 FINDINGS OF FACT AND CONCLUSIONS OF LAW 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 is Dan Bauer,whose address is 498 Stageline Road, Hudson, Wl 54016. 2. The applicants filed with the Zoning Office an application for a special exception request for filling and grading on slopes in excess of 20%to construct a driveway to serve a bulding site in the Ag/Residential District pursuant to Section 17.15(6)(t). 3. The property is located in the SW '/a of Section 29, T28N-R18W,Town of Kinnickinnic, St.Croix County, Wisconsin. 4. The Board of Adjustment found that this special exception application conforms with the requirements for granting a special exception under Section 17.16(6)(t). DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's request for a special exception permit for filling and grading on slopes in excess of 20% to construct a driveway to serve a building site and has been approved based on the following findings: 1. The Town of Kinnickinnic heard the request and did not disapprove. 2. There was no opposition to the request. 3. The plans for the project have been designed by a professionally licensed engineer. 4. The Land and Water Conservation Department has approved of the request. 5. The Board finds that the request is not contrary to the public interest. 6. The Board finds that the spirit and intent of the ordinance would be met by granting this request. With the following conditions: 1. This permit allows the applicant to disturb slopes greater than 20%to construct a driveway to access a building site. 2. Before this permit is valid, the applicant shall address the LWCD concerns listed in an email dated August 14, 2003. 3. A financial guarantee equal to 120%of approved construction estimates must be submitted in favor of St. Croix County, to be held by the Zoning Office for the erosion control and grading activities (to ensure proper construction). 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 guarantee Written estimates must be submitted to the Zoning office for review and approval. No construction, including earth moving, shall take place prior to approval of the financial guarantees The applicant shall have the engineer 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. Upon substantial completion of all required improvements, the applicant shall notify the County Zoning Administrator of the completion of the improvements in writing. The County 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 (erosion control and grading activities). 4. Prior to beginning any work, the applicant must schedule an on-site pre-construction meeting that includes the landowner, contractor, engineer, architect, and St. Croix County Zoning and LWCD staff members. Items to be discussed include but are not limited to coordinating installation of BMP's, construction timelines, roles and responsibilities of owner, engineer, architect, contractor, etc. 5. The applicant shall provide the Zoning Office with the name and phone number of the person responsible for installing and maintaining the erosion control plan. 6. 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 and the Land and Water Conservation 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. 7. 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 revocation 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. 8. 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. 9. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. The following vote was taken to a pp rove: Marzolf, yes; Golz yes; Peterson Y e s; Krueger, es; Chairperson Speer,yes. Motion carried. 2 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,which is available from Northwestern Court Reporters,Hudson,Wisconsin. It is the responsibility of the Board of Adjustment to submit its record(file)of this matter to the circuit court. ZONING BOARD OF STMENT Signed: C so Dated: 10/01/03 Attest: Filed: 10/01/03 Zoning Director 3 October 7, 2003 TO: St. Croix County Zoning Steve Fisher FROM: Dan Bauer, 947 Quarry Road, River Falls, WI SUBJECT: Special Exception Permit for filling and grading On slope in excess of 20% LOCATION: SW'/4 of Section 29, Township 28 North, Range 18 West, Town of Kinnickinnic, St. Croix County, WI Please be advised that the construction in regard to the above matter will be performed using equipment we own and lease. With our experience and expertise, we are confident in performing all phases of the construction. The construction takes place entirely on our farm property, and is approximately 500' from nearest neighbor's house or yard. We have based the construction cost of the road on the engineer's estimate of$35 per ft., which we also confirmed with F & K Excavating of River Falls. The length of the construction project is very close to 1000 feet, for a total cost of$35,000.00. Daryl Standafer of Citizens State Bank of Hudson, will provide the letter of credit in the amount of$42;000.00. On September 2°d, Peter Kling of LWCD, Roger Humphrey of Humphrey Engineering, Dan Bauer and Chris Bauer, land owners, met at the site to discuss the project in depth. St. Croix County Zoning indicated Peter Kling would represent the Zoning Office at this meeting. Dan Bauer 1 ST. CROIX COUNTY WISCONSIN - _ ZONING OFFICE ' .p..•.� \����• ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680• Fax (715) 386-4686 February 16, 2005 File 23-03 Dan Bauer 498 Stageline Road Hudson, WI 54016 Re: Expired Letter of Credit, St. Croix County Special Exception Permit Parcel#: 29.28.18.459, Town of Kinnickinnic Dear Mr. Bauer, On August 28, 2003,the St. Croix County Board of Adjustment approved your request for a special exception permit for filling and grading on 20 percent slopes to install driveway. Condition#3 of that special exception permit required that you submit a financial guarantee equal to 120% of erosion control and grading costs, which you provided as Letter of Credit#I 02612-LC in the amount of$78,000. Our records indicate that the Letter of Credit expired on October 8, 2004. We have not received certification from your engineer or as-built drawings to indicate that the grading activities have been completed as approved. Within 30 days of receiving this letter, you must either renew your Letter of Credit with St. Croix County or contact me to arrange a site visit to your property. During the site visit, Pete Kling, St. Croix County Land Specialist, and I will review the conditions of your special exception permit and the work you have completed to determine if you are in substantial compliance with the conditions of your permit, and whether or not you need to reestablish your financial guarantee. You can reach me at 715-386-4682, or at j.ennifers@co.saint-croix.wi.us. I look forward to hearing from you. Sincerely, Jenny Shillcox Zoning Specialist Cc: Pete Kling, St. Croix County Land and Water Conservation Department Al Schmid, Town of Kinnickinnic 1 MEMO To: File From: Jenny Shillcox Date: March 14,2005 RE: Expired Letter of Credit Janet Bauer called the office today to confirm that she and Dan have received the letter dated February 16, 2005 informing them of their expired letter of credit for filling and grading. Janet informed me that Dan will call me later this week to schedule a site visit this spring with Pete Kling and myself. She also informed me that their new mailing address and phone number are: 947 Quarry Road River Falls, WI 54022 Phone: 715-425-9752 I MEMO To: File From: Jenny Shillcox Date: March 31, 2005 RE: Expired Letter of Credit Dave Bauer stopped in the office today and informed me that construction on his road will be completed within 60 days, after which time his engineer will submit an as-built drawing and he will schedule a site visit with Pete Kling and me.