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Home My WebLink About022-1097-30-000(2) - Do Not Write In This Space! Zoning Department Use Only! J' (0 File #: Activity: Rezoning / Varian / S�Exception Proposed Zoning District: A2-01 AG-02 AR-03 RES-04 COM-05 IND-06 Current Zoning District: A2-01 AG-02 AR-03 RES-04 COM-05 IND-06 Overlay District(s): None-01 Shoreland-02 Q'Wetland-03 Floodplain-04 Riverway-05 Variance/Special Exception Code(s): o f Ordinance Section #(s): ( Sec Attached List Disposition: Denied-01 / Withdrawn-03 / Postponed-04 Date: Supporting Evidence: ES NO Plot Map or Plan / Site Plan / o Approval Ltr / CSM / Photos / Maps / Soil Test Other: Hardship: YES NO Linked to Rezoning: YES K NO Conditions: YES NO Objections: YES NO 2/96 ST*ROIX COUNTY WISCONSIN -- —`t ZONING OFFICE r r r p n■ Ni.,,d ST. CROIX COUNTY GOVERNMENT CENTER �,�,• _ 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 June 21, 1996 Mr. Thomas A. Wang Wang Excavating W9672 - 770th Avenue River Falls, WI 54022 RE: Board of Adjustment Decision File Ref: 23-96 Hearing Date: 4/25/96 Dear Mr. Wang: The St. Croix County Board of Adjustment has reviewed your application for a special exception request for a non-metallic mining and reclamation permit and has approved your application with conditions. The enclosed document is the formal decision regarding your application. If you have any questions, please do not hesitate in contacting me. Sincerely, Thomas C. Nelson Zoning Administrator db Enc. cc: Carole Hoopman, Clerk Town of Kinnickinnic 179 Highway 65 River Falls, WI 54022 FINDINGS, CONCLUSIONS, DECISION AND ORDER OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 23-96 Complete Application Received: 3/27/96 Hearing Date: 3/27/96 and 5/23/96 Dates of Publication: Weeks of 4/08/96 and 4/15/96 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 is Thomas A. Wang of Wang Excavating, whose address is W9672 - 770th Avenue, River Falls, Wisconsin 54022 . 2 . The applicant, on March 27 , 1996, filed with the Zoning Office an application for a special exception request for a non- metallic mining and reclamation permit. 3 . Thomas A. Wang, is the owner of the property which is the subject of this application which is located in the V-, of the NE; of the SW; and the E 1-2 of the NE; of the SW-4 all in Section 33 , T28N, R18W, Town of Kinnickinnic, St. Croix County, Wisconsin. 4 . The subject property is currently used for pasture. 5. The Town of Kinnickinnic supports this application. 6. Bradley stated Wang was before the Board last month and asked if he had been before the Town Board. Nelson stated yes. Nelson presented Exhibit #1, a letter from the Town of Kinnickinnic stating their conditional approval. Bradley asked Nelson's reaction to the town letter. Nelson stated he supports the Town's concerns and suggested they review the application and approve it for a two year period. 7 . Bradley recalled Nelson's concerns a month ago. Nelson stated the last application was job-specific and restrictive to a specific site and this application is for more than one job and not requesting a job-specific site, but rather a five year permit. 8 . Thomas Wang, previously sworn, stated this was a request for an open mine permit and was approved by the township for a two year permit and not for five. Wang added that there was 40, 000 cubic yards left to be mined. 9 . The Board inquired on reclamation status. Wang stated reclaiming has been difficult because of the rain. Nelson added that he would work with Wang on this reclamation plan as he has done in the past. CONCLUSION OF LAW The Board Concludes that: 1. The Board of Adjustment has authority under Section 17.70 (5) (c) 4 to approve special exception uses. I 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 . Ordinance #226 (89) allows a special exception for non- metallic mining. DECISION On the basis of the above Findings of Fact, Conclusion of Law, and the record herein, the Board approves the applicant's request for a special exception use for a non-metallic mining permit 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 , 1998 . Operation may not begin or continue after this date unless an extension is granted in writing by the Board of Adjustment prior to the expiration date. 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 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 operation. 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. Applicant is to follow plans as specified. 12 . Show proof of insurance and obtain a $3 , 000/acre bond. 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. ING BO OF ADJUSTMENT Singed Yj0 Chairperson Dated: 6/21/96 Filed: 6/21/96