HomeMy WebLinkAbout024-1010-60-350 (2) ST. NbIX COUNTY
WISCONSIN
ZONING OFFICE
ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680• Fax (715) 386-4686
May 9, 2003 File Ref: 03-03
Troy Johnson
W8139 810th Avenue
River Falls, WI 54022
Re: Board of Adjustment Decision
Dear Applicant:
The St. Croix County Board of Adjustment has reviewed your request for a special exception
permit for a two-family dwelling in the Ag/Residential District has approved your request with
conditions. The formal decision regarding this request is enclosed.
Should you have any questions or concerns,please contact me.
Sincer y,
eve Fisher
Zoning Director
dz
Enclosure
cc: Deborah Volkert, Clerk,Town of Pleasant Valley, w/enclosure
Chad Moe, agent,w/enclosure
FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY,WISCONSIN
Case: 03-03
Complete Application Received: January 15,2003
Hearing Notice Publication: Weeks of February 10 and 17, 2003
Hearing Date: February 27, 2003
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all tt e testimony, considered the entire record herein, and reviewed the site,the Board
finds the following facts:
1. The applicant is Troy Johnson, whose address is W8139 810`" Avenue, River Falls, WI
54022.
2. The applic t filed with the Zoning Office an application for a special exception permit to
construct a two-family dwelling (duplex) in the Ag/Residential District pursuant to Section
17.15(6)(a].
3. The prop e is located in the NE '/4 of the NW '/4, Section 7, T28N-R17W, Town of
Pleasant V illey.
5. The Board of Adjustment found that this request conforms with the requirements granted
under Sect on 17.15(6)(a)of the St. Croix County Zoning Ordinance.
6. The Board finds that granting of this request will not be contrary to the public interest as
expressed by the objectives of the ordinance.
DECISION
On the basis of th above Findings of Fact, Conclusions of Law, and the record herein, the Board
approved the applicant's request for a special exception permit to construct a two-family dwelling
(duplex)in the AgResidential.District,based on the following findings:
1. The Town of Pleasant Valley has approved the request.
2. The use is allowed in the Ag/Residential District with a Special Exception Permit.
3. The lot is 7.9 acres in size and is an adequate size for a two family dwelling.
4. There is a suitable site on the property to locate a sanitary system.
5. The spirit and intent of the ordinance would be met by granting this request.
With the followin conditions:
1. This permit allows the applicant to construct one duplex (one two-family dwelling) on lot
4 of the approved CSM Volume 13, Page 3602. For any other use, the dwelling would
have to fully comply with the provisions of the St. Croix County Land Use Regulations.
2. Applicant hall secure a sanitary permit for the structure from the Zoning Office and a
building permit from the Town prior to commencing construction.
3. The best management practices (silt fence) must be installed before commencing grading
activity(site preparation) for the project.
4. Applicant to maintain at least 1 '/z off street parking spaces for each family for which
accommodations are provided in the building plus one more space per building per
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section 17.57 (2) Applicant to submit a revised site plan indicating the parking plan for
the site, and have approved by the Zoning staff.
5. The property shall be kept in a neat and orderly manner. All outside storage of garbage
containers shall be screened and protected from rodents. No junk,junk cars or garbage
shall be allowed to accumulate on the property that may attract rodents or pose a threat to
the health, safety and welfare of those citizens of St. Croix County.
6. All driving and parking areas must be provided with a dust free surface
(asphalt/concrete/road millings, etc...). The applicant must submit a paving plan to the
Zoning Office prior to commencing this project.
7. Any proposed lighting is to be directed away from neighboring properties.
8. The Zoning office is to be notified at the start and the finish of the project.
9. The applicant must allow free and unlimited access to the project site at any reasonable
time to any Zoning Office employee to inspect the property for compliance with these
conditions.
10. Any change (or addition) in use, or expansion of the project, including building, signage,
shall require review and approval by the zoning administrator and in some circumstances
through the Special Exception approval process, where applicable, as stated in the
ordinance.
11. The applicant shall have one(1) year from the issuance of the special exception permit to
commence the construction. Failure to do so shall result in revocation of the special
exception permit. If the special exception permit expires before business commences, the
applicant will be required to secure a new special exception permit before starting or
completing the project.
12. These conditions may be amended or additional conditions may be added if unanticipated
safety of citizens or degrade the
conditions arise that would affect the health and/or s y gr
natural resources of St. Croix County. Conditions will not be amended or added without
notice to the applicant and an opportunity for a hearing.
13. 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: Rose, yes; Peterson, yes; Golz,yes; Chairperson
Speer, 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
2
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 AD STMENT
Signed
Ch pol-—f-
Date:te: 05/14/03 Attest
Date: 05/14/03 Zoning Director
I
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State of Wisconsin 1 DEPARTMENT OF NATURAL RESOURCES
Baldwin Service Center
Jim Doyle, Governor 990 Hillcrest St.,Suite 104
Scott Hassett,Secretary EAPR CEIVED Box 12436
7OFNATURAL Scott Humrickhouse, Regional Dir aldwin,Wisconsin 54002
[DEPT. RESOURCES Telephone 715-684-2914
2 D 0 3 FAX 715-6 84-5940
TTY 262-884-2304
�i X CQUNTY April 14, 2003 NC r�FFcF 3- C-2003-56022ST
Troy Johnson
617 High Ridge Rd
River Falls, WI 54022
Dear Mr. Johnson:
We have reviewed your application for an after the fact permit to grade more than 10,000 square
feet on the bank of Unnamed Stream,located in the Town of Pleasant Valley, St. Croix County.
I am attaching a copy of yourpermit which lists the conditions which must be followed. Please
read your permit conditions carefully so that you are fully aware of what is expected of you.
If you have any questions about your permit, please call me at715-684-2914.
Sincerely,
Eunice Post
Water Management Specialist
cc: See distribution list
www.dnr.state.wLus Quality Natural Resources Management
www.wisconsin.gov Through Excellent Customer Service Pfkded
;=
STATE OF WISCONSIN After the Fact Grading PERMIT
DEPARTMENT OF NATURAL RESOURCES 3-WC-2003-56022ST
Troy Johnson is hereby granted under Section 30.19(1)(c), Wisconsin Statutes,an after the fact
permit to grade more than 10,000 square feet on the bank of Unnamed Strearrt Town of Pleasant
Valley, St. Croix County, also described as the NE'/4-NW'/4S7, T28N, R1 7W, subject to the
following conditions:
PERMIT
1. This permit does not authorize any work other than what you specifically describe in your
application and plans that were received by Baldwin DNR on February 2, 2003, and as
modified by the conditions of this permit. If you wish to alter the project or permit conditions,
you must first obtain written approval of the Department.
2. You are responsible for obtaining any permit or approval that may be required for your project
by local zoning ordinances or by the U.S. Army Corps of Engineers before starting your
project.
3. Upon reasonable notice, you shall allow access to your project site during reasonable hours to
any Department employee who is investigating the project's construction, operation,
maintenance or permit compliance.
4. The Department may modify or revoke this permit if the project is not completed according to
the terms of the permit, or if the Department determines the activity is detrimental to the public
interest.
5. Your acceptance of this permit signify that you have read, understood and agreed to follow
all conditions of this permit.
6. You, your agent, and any involved contractors or consultants may be considered a party to
the violation pursuant to Section 30.292, Wis. Stats., for any violations of Chapter 30,
Wisconsin Statutes or this permit.
FINDINGS OF FACT
1. Troy Johnson has filed an application for an after the fact permit to grade more than 10,000
square feet on the bank of Unnamed Stream located in the Town of Pleasant Valley, St Croix
1 1
County, described as in the NE 4 of the NW/a of Section 7 Township 28 North Range 17
ty, / p 9
West.
2. The project consisted of grading work already completed on the banks of an unnamed stream
for a residential development.
ICI
3. The unnamed stream located in the NE%of the NW%of Section 7, Township 28 North,
Range 17 West has been deemed navigable and therefore is subject to 30.19(1)(c)of
Wisconsin Statutes and Chapters NR 102, 103, 115, 116, 117, 150, 299 of the Wisconsin
Administrative Code.
4. The Department has completed an investigation of the project site and has evaluated the
project as described in the application and plans.
5. The proposed project, if constructed in accordance with this permit will not adversely affect
water quality, will not increase water pollution in surface waters and will not cause
environmental pollution as defined in s. 283.01(6m), Wis. Stats.
6. The Department of Natural Resources and the applicant have completed all procedural
requirements and the project as permitted will comply with all applicable requirements of
Sections 1.11, 30.19(1)(c), , Wisconsin Statutes and Chapters NR 102, 103, 115, 116, 117,
150, 299 of the Wisconsin Administrative Code.
CONCLUSIONS OF LAW
1. The Department has authority under the above indicated Statutes and Administrative Codes,
to issue a permit for the construction and maintenance of this project.
NOTICE OF APPEAL RIGHTS
If you believe that you have a right to challenge this decision,you should know that the
Wisconsin statutes and administrative rules establish time periods within which requests to
review Department decisions shall be filed. For judicial review of a decision pursuant to
sections 227.52 and 227.53, Wis. Stats., you have 30 days after the decision is mailed, or
otherwise served by the Department, to file your petition with the appropriate circuit court and
serve the petition on the Department. Such a petition for judicial review shall name the
Department of Natural Resources as the respondent.
To request a contested case hearing pursuant to section 227.42, Wis. Stats., you have 30 days
after the decision is mailed, or otherwise served by the Department, to serve a petition for
hearing on the Secretary of the Department of Natural Resources, P.O. Box 7921, Madison, WI,
53707-7921. The filing of a request for a contested case hearing is not a prerequisite for judicial
review and does not extend the 30-day period for filing a petition for judicial review.
I
A request for contested case hearing must follow the form prescribed in section NR 2.05(5),
Wis. Adm. Code, and must include the following information:
i
1. A description of the Department's action or inaction which is the basis for the request;
2. The substantial interest of the petitioner which is injured in fact or threatened with injury
by the Department's action or inaction;
3. Evidence of legislative intent that this interest is not to be protected;
4. An explanation of how the injury to the petitioner is different in kind or degree from the
injury to the general public caused by the Department's action or inaction;
5. That there is a dispute of material fact, and what the disputed facts are;
6. The statute or administrative rule other than s. 227.42, Wis. Stats., which accords a right
to a hearing.
This notice is provided pursuant to section 227.48(2), Wis. Stats.
Dated at Baldwin Service Center, Wisconsin on April 14, 2003.
STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES
For the Secretary
By
unice st
Water Management Specialist
State of Wisconsin \ DEPARTMENT OF NATURAL RESOURCES
Baldwin Service Center
Jim Doyle,Governor 990 Hillcrest St.,Suite 104
Scott Hassett,Secretary p (�F w ED Box 12436
WISCONSIN Scott Humrickhouse,Re ions' r Baldwin,Wisconsin 54002
DEPT.OF NATURAL RESOURCES Telephone 715-684-2914
MAR 10 2003 FAX 715-684-5940
TTY 262-884-2304
ST,CROIX COUNTY
March 6, 2003 ZONING OFFICE 3-WC-2003-56022ST
Troy Johnson
617 High Ridge Rd
River Falls, WI 54022
Dear Mr. Johnson:
The enclosed document is a "Notice of an After the Fact Grading Permit Application" for
your project. Wisconsin law requires that the public be allowed an opportunity to comment
on projects like yours. The enclosed notice is provided to help you meet this requirement.
Before I can proceed in processing your application, state law requires that you:
- publish this as a Class I Notice, at your expense, in Central St. Croix News, PO Box 296
Hammond WI 54015-0206
- obtain, and send to me, an affidavit from the newspaper providing proof that the notice has
been published.
Please send me the affidavit at the address listed above. If I do not receive it by April 6, 2003 I'll
assume you have changed your plans regarding the project and will dismiss your application.
Please write or call me at 715-684-2914 if you have any questions.
Sincerely,
Eunice Post
Water Management Specialist
cc: See distribution list
www.dnr.state.wi.us Quality Natural Resources Management
www.wisconsin.gov Through Excellent Customer Service Primed on
RecycleA
Paper
Notice of an After the Fact Grading Permit Application
Troy Johnson, 617 High Ridge Rd, River Falls, WI 54022 has applied to the Department of
Natural Resources for an after the fact permit to grade more than 10,000 square feet on the
bank of Unnamed Stream. The permit will be for grading work all ready completed on the banks
of an Unnamed Stream for a residential development
The project is located in NE%-NW%S7, T28N, R17W, Town of Pleasant Valley, St Croix
County.
The Applicant and the Department have complied with the requirements of the Wisconsin
Environmental Policy Act and NR 150, Wisconsin Administrative Code
If you would like to know more about this project or would like to see the application, plans, and
applicable legal standards, contact Eunice Post, at 715-684-2914.
Reasonable accommodation, including the provision of informational material in an alternative
format, will be provided for qualified individuals with disabilities upon request.
If you feel the permit should not be granted, write to Eunice Post within 30 days of the
publication of this notice explaining your objections.
If you object to this proposal and would like to request a public hearing, your objection shall
specify:
1. Why the proposed project violates the legal standards found under Section
30.19(1)(c), Wisconsin Statutes; and
2. That you or your representative will appear at the hearing and present information
supporting your objection.
If no objections are received which request a hearing, the Department may issue its decision
without a hearing.
Docket Number 3-WC-2003-56022ST
WISCONSIN DEPARTMENT OF NATURAL RESOURCES
For the Secretary
March 6, 2003
irrir uni ost Date
Water Management Specialist
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ST.CROIX COUNTY
SURVFYOR'S RFCORD,
CERTIFIED SURVEY MAP
- Viola Liddle
Part of the Northeast 1/4 of the Northwest 1/4 of Section 7, Township 28 North, Range 17 West,
Town of Pleasant Valley, St. Croix County, Wisconsin.
Owner's Address:
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River Falls, WI 54022 JJ JJ
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