HomeMy WebLinkAbout024-1041-60-000 (2) ST. (*OIX COUNTY
�~ WISCONSIN
ZONING OFFICE
ST. CROIX COUNTY GOVERNMENT CENTER
•° - 1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680• Fax (715) 386-4686
December 28, 2003 File Ref: 44-03
Allan Markert and Beverly Barts
8308 Stillwater Blvd N
Lake Elmo,MN 55042
Re: Board of Adjustment Decision
Dear Mr. Markert and Ms. Baits:
The St. Croix County Board of Adjustment has reviewed your request for a special exception
permit for filling and grading in the Shoreland area to install a culvert crossing 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.
Sincerel
Steve Fisher
Zoning Director
dz
Enclosure
cc: Deborah Volkert, Clerk, Town of Pleasant Valley,w/enclosure
Steve Olson, LWCD,w/enclosure
Eunice Post,DNR,w/enclosure
FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY,WISCONSIN
Case: 44-03
Applicant: Allan Markert and Beverly A. Barts
Complete Application Received: October 13, 2003
Hearing Notice Publication: Weeks of November 3 and 10, 2003
Hearing Date: November 20,2003
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony,considered the entire record herein, and reviewed the site, the Board
finds the following facts:
1. The applicants are Allan Markert and Beverly Barts. The site is located off of 170`h Street,
River Falls, WI 54022.
2. The applicants filed with the Zoning Office an application for a special exception request
for filling and grading in the Shoreland area of an unnamed tributary of the Rush River to
install a culvert crossing to access a building site.
3. The property is located in the NE '/4 of the SE 1/4, Section 32, T28N-R17W, Town of
Pleasant Valley, St. Croix County, Wisconsin.
4. The plans for the project have been professionally engineered.
5. The replacement of the existing culverts will improve and stabilize the existing site and
remedy the current erosion control problem.
6. All necessary permits have been obtained from government agencies.
7. The Board finds that the granting of this variance will not cause harm to the public
interest.
8. The Board finds that the spirit and intent of the ordinance would be met by granting this
request.
DF,C'ISION
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 in the
Shoreland area,with the following conditions:
1. This special exception permit is filling and grading in the shoreland area of a unnamed
tributary of the Rush River to install a culvert crossing to access a building site.
2. 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
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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.
Guarantees will not be released until the County is satisfied that the project has
been installed as approved and designed and upon evidence that the site is
stabilized. Financial guarantees equal to 120%of approved construction
estimates must be submitted for the erosion control and grading activities. The
applicant shall follow the plans as approved by the St. Croix County Land and
Water Conservation Department.
3. 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/or 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.
4. The applicant shall follow the plans as approved by the St. Croix County Land and Water
Conservation Department.
5. All disturbed areas shall be mulched and seeded per Land and Water Conservation
Department recommendation.
6. All structures must meet the minimum setback requirements as outlined in the St. Croix
County Zoning Ordinance.
7. The applicant shall obtain all necessary approvals from the Wisconsin Department of
Natural Resources. This includes all renewals.
8. 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.
9. The Zoning office is to be notified at the start and the finish of the project.
10. Any minor change or addition to the project, including but not limited to design of the
facility, 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.
11. 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.
12. These conditions may be amended or additional conditions may be added if unanticipated
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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.
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: Krueger, 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
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 ADJUSTMENT
Signed:q9x�N
C o
Dated: 12/28/03 Attest:
Filed: 12/28/03 Zoning Director
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• OFFICIAL •
BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES
November 20, 2003
The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was
made. Julie Speer,Nick Golz,Rich Peterson and Stan Krueger were present. Richard
(Buzz)Marzolf was absent and excused. Staff included: Steve Fisher,Zoning Director,
Rod Eslinger,Zoning Specialist,Deb Zimmermann,Administrative Assistant, Greg
Timmerman, Corporation Counsel. Chairperson. Speer believes this to be a properly
noticed meeting.
Motion was made by Golz, seconded by Krueger to adopt the agenda,noting that Article
#4 has been canceled for today. Motion carried.
The Board set the next meeting date as December 18, 2003 and will be held in the
Community Room, at the Government Center. The starting time will be 8:30 a.m.
MINUTES
Motion by Golz, seconded by Krueger to adopt the minutes from the October 23, 2003
hearing. Motion carried.
OTHER BUSINESS
Ryan Flattum: Eslinger explained that the applicant is requesting that the Board
reconsider their decision of denial of his variance to the 500-foot setback requirement
from a neighboring property for a home occupation on the property. The Board needs to
decide whether or not they are willing to reconsider their decision based on the
information submitted by the applicant, stating that the applicant feels the Board was
given information by a St. Joseph Planning Commission member that may have led to the
denial by the Board.
Mike Waterman, attorney for Flattum,was sworn in. He explained that Flattum went
before the Town of St. Joseph a second time on this issue, and the Town has no problem
with this business being housed on the property. Waterman said that at the last meeting
they were"torpedoed"by the member of the St. Joseph Planning Commission that spoke
in opposition, as well as other property owners that spoke in opposition. Things had gone
well at the town level, and they were surprised by the reactions at the hearing. Flattum
has taken care of the water runoff issues.
Ryan Flattum, sworn in, stated that all of the adjoining property owners are in support of
this business, as well as the Town of St. Joseph.
Mick Howland, Supervisor for the Town of St. Joseph, added that they have worked with
Flattum on this request and the Town Board members voted unanimously in favor of this
business.
Warren Anderson spoke in opposition of the request, stating that he does not believe this
is a good place for this type of business and concerned with water runoff near Willow
River.
Greg Timmerman,Corporation Counsel,told the Board that the request for
reconsideration was based on applicant's belief that the Board relied on misinformation
of a Town Planning Commission member. If the testimony of the Planning Commission
member did not have any influence on their decision,they could deny the request for
reconsideration. The lard confirmed that they did not rely on l'!'le Planning Commission
member's testimony in arriving at their decision to deny.
The Board decided on a 3-1 vote to affirm their decision and not to reconsider their
decision to deny.
NEW BUSINESS
Chairperson Speer welcomed everyone in attendance and gave a brief overview of how
the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public
hearing notice was published correctly and was read into the record as follows:
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday,
November 20, 2003 at 8:30 a.m. at the Government Center, 1101 Carmichael Road,
Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning
Ordinance. The Board will view each site in question, after which the Board will deliberate
and vote on the appeals.
1. ARTICLE: Amend Condition Number 13 of the Lofty Acres, Inc. Board of
Adjustment Decision dated August 9, 2000 pursuant to Section
17.70(7)(g). Request is regarding wording relating to the bonding
for disposal of liquid manure.
APPELLANT:Lofty Acres,Inc./Joe Draxler,owner
LOCATION: Located in the NW t/4 of the NW 1/4, Section 24,T30N-RI 5W,Town
Glenwood
ADDRESS: 1453 320th St., Glenwood City, WI
2. ARTICLE: Variance request to exceed the height standards of an accessory
building pursuant to Section 17.12(5). The applicant requests a
two-foot variance to the 15-foot accessory structure height
requirements to allow the construction of an accessory building at
17-feet high.
APPELLANT: Pat and Laurie Collova,owners
LOCATION: The NW'/4 of the SW t/4, Section 23,T30N-R19W,Town of St.
Joseph.
ADDRESS: 715 West Shore Drive, Somerset, WI
3. ARTICLE: Special Exception request for a permit for filling and grading below
the Ordinary High Water Mark of a navigable body of water
pursuant to Section 17.29(2)(a).Request is for a permit to replace a
culvert and related land disturbance,over a tributary to the Rush
River to construct a road to access a single-family residence.
APPELLANT:Allan R. Markert/Beverly Bartz,owners
LOCATION: The NE '/4 of the SE t/4, Section 32,T28N-R17W,Town of Pleasant
Valley.
ADDRESS: Off of 170th Street,Town of Pleasant Valley
4. ARTICLE: Special Exception request for a permit for filling and grading in the
St.Croix Riverway District pursuant to Section 17.36(6)(a)3.
Request is for a permit to improve an existing boat launch.
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APPELLANTOwn of Troy,owner 0
LOCATION: SE '/•of the SW '/4, Section 13,T28N-R20W,Town of Troy
ADDRESS: South Cove Boat Landing,Town of Troy
All interested persons are invited to attend said hearing and be heard. Additional
information may be obtained from the office of the St. Croix County Zoning Director,
Hudson, Wisconsin at(715) 386-4680.
Julie Speer, Chairperson
St. Croix County Board of Adjustment
Article One: Lofty Acres
Eslinger explained that this request is to amend the original permit to change the amount
per gallon for bonding for manure disposal. The amount set forth in the permit is 2.2
cents per gallon. Bonding companies will not allow for this, and after doing some
research, the county will agree to .005 cents per gallon. This amount is adequate for a
bond.
Joe Draxler, being duly sworn, reiterated that bonding companies are not willing to do
bonds for any larger amounts than this. The cost of disposal of manure has gone down,
and the amount being proposed is adequate.
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The Board will make a decision later today.
Article Two: Pat Collova
Eslinger told the Board that this request is for a 2-foot variance to the 15-foot height
requirements for an accessory structure.
The following exhibits were introduced:
Exhibit 1: Staff report
Exhibit 2: Application for variance
Exhibit 3: Photos
Eslinger went over the staff report with the Board, stating that the applicant would like to
have this structure 17-feet in height rather than 15-feet. The structure would match up
with his home and allow for more storage. The county holds a bond on this property for
filling and grading. The Town Planning Commission has recommended approval, and
the Town Board will be meeting on this tonight.
Pat Collova, being duly sworn, reiterated the request is for a 2-foot variance to allow the
proposed accessory structure to be 17-feet in height. He has an RV to store and needs to
put in a large door on one end. He would also like the house and the accessory structure
to match. He added that he has roughed in plumbing for the garage, for the future, as the
pipes need to go under the driveway, and does not want to tear up the driveway later. A
permit has been issued from the DNR for the grading, and he wants to comply with
everything required with this permit.
Mick Howland, sworn in, is representing the Town of St. Joseph and will take this
information back to the Town Board tonight.
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There were no objectil Rto the request. The Board will view thL.ite.
Article Three: Allan Markert/Beverly Barts
Eslinger introduced this request for a permit for filling and grading in a shoreland area to
install a culvert crossing to access a building site.
The following exhibits were introduced:
Exhibit 1: Staff report
Exhibit 2: Variance application
Exhibit 3: Photos
Eslinger went over the staff report with the Board. The LWCD has reviewed the request
and approved of the application. The DNR has issued a Chapter 30 permit for the culvert
crossing. The Town of Pleasant Valley has stated that they see no need for their approval
as it is not in the Town road right-of-way, and they have already issues a driveway permit
for the access into the property. Eslinger stated that the culvert is necessary on this
property due to the water that runs through there. The applicant has worked with an
engineering company to put in the correct size culvert and have the project done properly.
Allan Markert, being duly sworn, stated that he has had the project very carefully
researched, and the calculations are based on 100-year stats. They plan to start the project
as soon as they receive approval. The project will take 2-3 days to complete.
There were no objections to the request. The Board will view the site.
The Board recessed from 9:35 a.m. to 11:00 a.m. to view the sites.
DECISIONS:
Lofty Acres
Motion by Peterson, seconded by Speer to approve the request to amend Condition#13 to
now read as follows:
13) As a condition of the authorization (special exception use permit) to operate
Lofty Acres, Inc. a financial assurance is required to be obtained and maintained as
surety for the obligation to properly empty any manure lagoons, reception pits, transfer
systems and storage facilities, and properly dispose of all manure (collectively, abandon
the manure handling system)should Lofty Acres, Inc. ever cease operation.
The surety amount (presently .005 cents per gallon multiplied by the total gallons of
manure storage capacity of this facility) must cover all existing manure storage capacity.
A revised financial assurance must be submitted to the Zoning Office for review and
approval if additional storage is constructed or the cost of disposal changes in the future
for Lofty Acres, Inc. The financial assurance shall be reviewed annually.
Based on the following findings:
1. There was no opposition to the request.
2. There have been no complaints regarding this business in the past.
The following vote was taken to approve: Krueger, yes; Golz, yes; Peterson, yes;
Chairperson Speer,yes. Motion carried.
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Article Two: Pat Collova
Motion by Golz, seconded by Krueger to approve the request for a 2-foot variance to the
15-foot height requirement for an accessory structure based on the following findings:
1. The Town of St. Joseph Planning Commission has recommended approval of the
request.
2. There was no opposition to the request.
3. The 2-foot variance request is minimal and will allow the applicant an adequate
size structure for the items to be stored.
4. The color and design of the structure will be compatible to the existing home.
5. The LWCD has reviewed the plans and has approved of the request.
6. Accessory structures are a permitted use in the Ag/Residential District.
7. The granting of this variance will not cause harm to the public interest.
8. The spirit and intent of the ordinance would be met by granting.this request.
With the following conditions:
1. This permit is valid after approval from the Town of St. Joseph Board. If the
town denies the request due to different and unique testimony by the applicant,
the applicant will be allowed to come back before the Board of Adjustment to be
heard.
2. The accessory structure shall only be used for the applicant's personal storage.
3. The second story of the structure may not be used for human habitation.
4. Businesses are not allowed in this structure.
The following vote was taken to approve: Krueger, yes; Golz, yes; Peterson, yes;
Chairperson Speer,yes. Motion carried.
Article Three: Allan Markert/Beverly Barts
Motion by Krueger, seconded by Peterson to approve the request for filling and grading
in the Shoreland District based on the following findings:
1. The plans for the project have been professionally engineered.
2. The replacement of the existing culverts will improve and stabilize the existing
site and remedy the current erosion control problem.
3. All necessary permits have been obtained from government agencies.
4. The granting of this variance will not cause harm to the public interest.
5. The spirit and intent of the ordinance would be met by granting this request.
The following vote was taken to approve: Krueger, yes; Peterson, yes; Golz, yes;
Chairperson Speer,yes. Motion carried.
The hearing was declared adjourned at 11:50 a.m.
Respectfully submitted:
Richard Peterson, Secretary Debbie Zirm erm ecording Secretary
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