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HomeMy WebLinkAbout042-1011-95-000 (2) BOARD OF ADJUSTMENT DECISION Request of Nancy C. Parlin for a special ) exception use . Article : 17 . 29 ( 2 ) Filling ) A-87-45 & Grading Within 300 feet of Navigable Body ) Sept . 22, 1987 of Water, Shoreland Zoning, ST. CROIX COUNTY ) ZONING ORDINANCE. Location: NW 1/4 of the ) SW 1/4 and SW 1/4 of the SW 1/4 of Section ) 5, T29N-R18W, Town of Warren ) The St. Croix County Board of Adjustment conducted a public hearing on September 22, 1987, to consider the request of Nancy C. Parlin for a special exception use . Article : 17 . 29 ( 2 ) Filling & Grading Within 300 feet of Navigable Body of Water, Shoreland Zoning, ST. CROIX COUNTY ZONING ORDINANCE. The St . Croix County Board of Adjustment conducted an on- site inspection of the site in question. After inspection, the St . Croix County Board of Adjustment entered an executive session to discuss the request . After returning to open session, the following decision was rendered : Motion by Supervisor Sweitzer to approve the dredging request with the stipulation DNR and Township approvals be obtained and provided to the Zoning Office . Inspections are to be conducted by the Zoning Administrator after each phase of the project . Motion seconded by Supervisor Kinney. Motion to approve said motion: Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried . All variances approved must be acted on or constructed within one ( 1 ) year from date of approval or they shall be null and void . Edith Sweitzer, Secretary St . Croix County Board of Adjustment ES :TN:rc Nancy C. Parlin Warren Town Clerk Dan Koich MINUTES BOARD OF ADJUSTMENTS MEETING AND HEARING September 22, 1987 Meeting called to order by Chairman Meinke at 9 :00 A.M. in the County Board Room of the Courthouse, Hudson, Wisconsin. All members present . Motion by Supervisor Kinney to recommend approval of the August 25, 1987 minutes as written. Seconded by Supervisor Sweitzer . Minutes approved as written. OLD BUSINESS : T®fn N @d@zb@zq presented the progress of their project indicating that Jim Kennal is working on the earthern erosion control structure . Old buildings are being removed at this time . }red Trtutmiller presented his request to build a garage 60 feet from the edge of CTH "H" even with the existing residence . John D. Dlleider presented his amended map showing the private easement which had not been reflected on the original plan. Nancy Gianoli and Dick Carlson both expressed their concerns that the garage not be on the easement or any additional tree planting be done on the easement. Hearings called to order by Chairman Meinke at 9 : 30 A.M. The Zoning Administrator, Tom Nelson, read the notice of the hearings as published in the local newspapers . The procedures of the hearings were explained . 1. ARTICLE: 17 . 64 ( 1) (d ) 2 Highway Setback & 17 . 64 ( 5) (a ) 3 Access Driveway APPELLANT: Michael D. Ottman LOCATION: NE 1/4 of the NW 1/4 of Section 33, T30N- R19W, Town of St . Joseph 2 . ARTICLE: 17 . 29 ( 2 ) Filling & Grading Within 300 feet of Navigable Body of Water, Shoreland Zoning APPELLANT: William J . Bartell LOCATION: SW 1/4 of the SW 1/4 of Section 31, T31N- R19W, Town of St . Joseph 3 . ARTICLE: 17 . 29 ( 2) Filling & Grading Within 300 feet of Navigable Body of Water, Shoreland Zoning APPELLANT: Nancy C. Parlin LOCATION: NW 1/4 of the SW 1/4 and SW 1/4 of the SW 1/4 of Section 5, T29N-R18W, Town of Warren 4 . ARTICLE: 17 . 45 ( 3 ) (c) (g) Commercial Business in Floodplain & 17 . 29 ( 2 ) Filling & Grading within 300 feet of Navigable Body of Water, Shoreland Zoning APPELLANT: M & M Storage Inc . LOCATION: NE 1/4 of the NW 1/4 of Section 36, T29N- R17W, Town of Hammond, NE 1/4 of the NE 1/4 1 and SE 1/4 of NE 1/4 of Section 21, T29N- R18W, Town of Warren 5. ARTICLE: 17 . 29 ( 2 ) Filling & Grading Within 300 feet of Navigable Body of Water, Shoreland Zoning APPELLANT: Terrence W. Hartigan & Elizabeth Ann Hartigan LOCATION: NE 1/4 of the NW 1/4 of Section 26, T30N- R19W, Town of St . Joseph Michael Ottman: Mr . Ottman presented his request to build a garage addition that would be 60 ' from Perch Lake Road and a new addition that would be 50 ' from the edge of a private road . He also requested an additional driveway access onto Perch Lake Road that would only be 30 feet from the existing private road entrance . The septic system has been verified by Gary Steel as being code complying. VillldfA J. Partallt Steve Wilcox presented the plan to grade a road which would be less than 300 ' from the ordinary high mark of a private pond . This construction would take all the necessary steps for erosion control . The request also involved the grading and filling near the shore so as to develop a beach area . The road and beach are being developed for a future proposed subdivision. Mr . William Kelly who shares the pond expressed his concern for the fill and development of the property. Currently there has been no response from the Department of Natural Resources . Nancy Parlint Steve Wilcox presented the request of Nancy Parlin to restore a pond that had filled in with sediment by dredging. The project would be carried out in three phases during the fall and winter months . Currently there has been no response from the Department of Natural Resources . M & M STORAGE: John Mortel presented his request to add additional storage space to the existing storage use . This would involve filling and grading within 300 feet of a navigable stream and in the floodplain. The Zoning Administrator explained that there was a need to provide more information showing the elevations of floodplain, amount of fill and other relavent information that might show the impact of this use on the water storage capacity of the floodplain. There has been no response from the Department of Natural Resources . Terrance W. HArtigant Mr . Hartigan presented his request to place fill and riprap adjacent to the waters of Bass Lake . This fill is being placed so as to stabilize the construction remodeling of his residence which is less than 75 ' from the ordinary high water mark . 2 Hearings recessed for viewing the parcels in question . After viewing the sites, the board returned to session to render decisions . The following decisions were made . 1. HAROLD SODERBERG: Motion by Supervisor Kinney to conditionally approve the request of the structure with the condition that the erosion control project be completed and a $5000 bond be placed in an escrow account for a one year period . Final approvals shall be obtained from the County Zoning Administrator and Town Chairman. Motion seconded by Supervisor Sweitzer . Motion to conditionally approve : Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried . 2 . FRED TRAUTMILLER: Motion by Supervisor Kinney to approve the 60 foot setback from the edge of CTH "H" with the stipulation that the county and township not be held liable should their ever be any improvements of the road that would further encroach upon the structure . Motion seconded by Supervisor Sweitzer . Motion to approve : Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried . 3 . JOHN PFLEIDER: Motion by Supervisor Kinney to approve the placement of a 24 ' X 24 ' garage providing the structure is no closer than 61 ' from lot corner described as the point of beginning on the Gianoli survey and placed so that it is not encroaching upon the private easement . The structure to be placed so that the garage floor level is within 1 ' of the existing grade of the private road . Also, the driveway entrance is to be no closer than 67 ' from the above described reference point . All stakes and posts within the easement are to be either placed flush with ground surface or referenced by stakes 10 ' from easement lines . The completed projected is to be inspected by the Zoning Administrator and Town Board Chairman. Motion seconded by Supervisor Sweitzer . Motion to approve as stated : Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried. 4 . MICHAEL OTTMAN: Motion by Supervisor Kinney to approve with the new addition being no closer than the existing structure to the private road . Thre is to be an additional 10 ' allowance for a deck . The proposed garage to be no closer than 50 ' from the centerline of 130th . The request for an additional driveway entrance is to be denied . Motion seconded by Supervisor Sweitzer . Motion to approve this motion: Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried . 5 . WILLIAM J. BARTELL: Motion by Supervisor Kinney to approve the road with a final inspection to be completed by the County Zoning Administrator and Town Chairman. The proposed beach to be denied until additional information can be obtained. This would require DNR and Township approvals . Motion seconded by Supervisor Sweitzer . Motion to approve said motion: Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried . 6 . NANCY PARLIN: Motion by Supervisor Sweitzer to approve the dredging request with the stipulation DNR and Township approvals be obtained and provided to the Zoning Office . Inspections are to 3 I be conducted by the zoning Administrator after each phase of the project. Motion seconded by Supervisor Kinney. Motion to approve said motion: Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried . 7 . M & M STORAGE: Motion by Supervisor Kinney to postpone a decision until additional information can be obtained. Motion seconded by Supervisor Sweitzer . Motion to approve said motion: Kinney, yes; Sweitzer, yes; Meinke, yes. Motion carried. 8 . TERRANCE HARTIGAN: Motion by Supervisor Kinney to approve the filling and grading project as described . Motion seconded by Supervisor Sweitzer . Motion to approve said motion : Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried. Motion by Supervisor Sweitzer to adjourn. Seconded by Supervisor Kinney. Motion carried. Hearing and meeting adjourned at 4 : 30 P .M. Edith Sweitzer, Secretary ES :TN:rc 4 i State of Wisconsin \ DEPARTMENT OF NATURAL RESOURCES Carroll D. Besadny Eau Claire Area Office Secretary 2004 Highland Avenue Eau Claire, WI 54701-4346 December 22, 1987 r 3-WC-87-1021 Ms. Nancy Parlin 209 So. 4th Street River Falls, WI 54022 St Dear Ms. Parlin: s+ � Re: Hennessey Creek Pond Dredging We have reviewed your application for a permit to excavate sediment from the pond onyour land, and we have approved your application with limitations. Attached are the limitations or conditions that you must comply with. One copy is for your records and the other copy is for your contractor. A copy of these conditions must be kept at the project site. Please read these permit limitations/conditions carefully so that you are fully aware of what is expected of you. If you fail to comply with the conditions, your permit could be revoked, you could be ordered to restore the area to its original condition or take other corrective measures or you could be required to pay a fine or forfeiture. Your next step is to notify the person assigned to monitor your project of the date you plan to start your project. Please use the preaddressed card to provide this notification at least five days before starting your project. Please remember your permit is not valid unless you do this. If you have any questions, I would be glad to help you. You can contact me at 839-3769. Good luck on your project. Si cerely, Daniel Koich Water Management Specialist DK/js attachment PERMIT Permit No. 3-WC-87-1021 Nancy Parlin, 209 So. 4th St. , River Falls, WI 54022, has been granted a permit according to section 30.20, Wis. Stats. , to excavate sediment from the bed of a small impoundment on Hennessey Creek. There will be 3 causeways built for a backhoe to operate from. Sediment will be excavated to re-establish the original pond depth. Spoils will be side cast to the east shore where they will be spread as part of a landscape project. The project is located in the S 1/2, NW 1/4 SW 1/4 of Section 5, Town 29 North, Range 18 West, Town of Richmond, St. Croix County. THIS PERMIT IS SUBJECT TO THE FOLLOWING CONDITIONS: 1. This permit expires on April 1, 1989 if the project is not completed before then. No construction may begin or continue after this date unless a new permit or permit extension is granted in writing by the Department. 2. You must complete this project according to the plans you submitted. If you wish to make changes in the project you must submit your new plans to the Department. The Department then must approve the changes in writing before-you start or continue your project. 3. You are responsible for obtaining any permit or approval required for your project by municipal, town or county zoning ordinances or by the U.S. Army Corps of Engineers before starting your project. 4. You must allow free and unlimited access to your project site at any time to any Department employee who is investigating the project's construction, operation, or maintenance. 5. The Department may change or revoke this permit if the project obstructs navigation or becomes detrimental to the public interest. b. Your accepting this permit and beginning the project means that you have read, understand, and agree to follow all conditions of this permit. 7. You must keep a copy of this permit at the project site at all times until the project has been completed. 8. Conservation Warden Sue Miller shall be notified not less than 5 days prior to starting work and upon completion. 9. Any area where topsoil is exposed during construction must be immediately seeded and mulched or riprapped to prevent soil from being eroded and washed into the stream. -2- 10. Bottom materials must be removed by equipment which is designed to minimize the amount of sediment that can escape into the water. Equipment must be properly sized so that excavation conforms to the plans submitted and allows the work to be done from the banks rather than in the stream. 11. 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 and no later than when construction is completed. 12. No portion of the bank or upland which is altered, disturbed and unstable may remain unprotected for greater than 10 days. 13. This permit 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 or fish or wildlife habitat. This permit may be rescinded or revoked if the Department determines that the conditions of this permit have not been followed or if it finds the activity to be detrimental to the public interest. 14. Under Wisconsin law this pond is a public waterway. This means you must allow the public to boat, swim, fish, and exercise other rights of the public on navigable waters as long as access to the pond is obtained in a legal manner. 15. All of the removed materials shall be placed in the location shown on applicant's drawings and approved by the Department. 16. You are only allowed to dredge to the elevation(s) shown on your application. 17. The applicant shall perform the removal under the direction of the Department if it becomes necessary to protect the navigable waters involved. 18. When the project is completed, you must have a relatively level bottom in the dredged area and the sides of the dredged area can be no steeper than 1 feet vertical to 3 feet horizontal. -3- FINDINGS OF FACT The following are facts which the Department considered in making its decision. The project is as described in the permit and plans, and the project site has been investigated by Department staff. The proposed project will not adversely affect water quality, will not increase water pollution in surface waters, and will not cause environmental pollution as defined in Section 144.01(3), Wisconsin Statutes, if the project is built in accordance with this permit. The Department has determined that the grant or denial of this permit would not be a major state action significantly affecting the quality of the human environment. The proposed project will adversely impact wetlands as defined in Section NR 1.95(4)(c), Wisconsin Administrative Code. However, the project meets the standards for approval set forth in NR 1.95(5) and (6), Wisconsin Administrative Code. 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 s. 30.20, Stats. , and Chapters NR 115 and NR 345, Wis. Adm. Code. CONCLUSIONS OF LAW These are the legal reasons why the Department can issue your permit. 1. The Department has authority under the above indicated Statutes and administrative rules, to issue a permit for the construction and maintenance of this project. 2. The proposed project is in conformance with Section NR 1.95, Wisconsin Administrative Code. 3. The Department has complied with Section 1.11, Statutes. I -4- NOTICE OF APPEAL RIGHTS: IF YOU DISAGREE WITH THIS DECISION YOU HAVE CERTAIN APPEAL RIGHTS. YOU MAY WISH TO OBTAIN THE ADVICE OF LEGAL COUNSEL REGARDING ANY POSSIBLE APPEAL. If you believe that you have a right to challenge this decision, you should know that Wisconsin statutes and administrative rules establish time periods within which requests to review Department decisions must be filed. For judicial review of a decision pursuant to sections 227.52 and 227.53, 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, 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. l 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. This notice is provided pursuant to section 227.48(2), Stats. This decision was mailed on December 23, 1987 (Date). 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