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Home My WebLink About028-1001-80-000(4) �'q' CROIX COUN#y PLANNING & ZONING January 31,2013 File Ref SE87690 Wahlquist Bros.LLC c/o Charles Wahlquist 595 2000'Street Baldwin,WI 54002 CodeAdministrati Re: St.Croix County Shoreland Special Exception Request 715-386-4680 Parcel#01.28.17.6A,Town of Rush River Land Informati & Dear Mr.Wahlquist: Planning 715-386- The St.Croix County Board of Adjustment(Board)has reviewed your request for the following item: Re roperry After-the-fact Special exception for filling and grading an area exceeding 10,000 square feet in the 7 -386-4677 Agricultural, Shoreland, and Floodplain Districts of a tributary of Rush River pursuant to Section R cling 17.29(2)(d)of the St. Croix County Zoning Ordinance. 7 86-4675 After the hearing on January 31,2013 the Board approved the special exception request with conditions. The enclosed document is the formal decision regarding your variance request. You must obtain any other required local, state,and federal permits and approvals. Should you have any questions or concerns,please contact me at 715-386-4680. Si cerely, Pamela Quinn Land Use Specialist/Zoning Administrator Enclosure: Formal Decision cc: Clerk Town of Rush River Steve Olson,Community Development Department David Hon,WI Department of Natural Resources Sr CRo1x COUNTY GOVERNMENT CENTER 110 1 CARM/CHAEL ROAD,HUDSON, W1 54016 7153864686 FAx PZ9C0.SAINT-CR01X.W1.US WWW.CO.SAINT-CROM WI.US 0 0 FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE87690 Applicants: Wahlquist Bros.LLC c/o Charles W. Wahlquist,James R. Wahlquist,and Robert L. Wahlquist,property owners Parcel ID#: 01.28.17.6A Complete Application Received: December 3,2012 Hearing Notice Publication: Weeks of January 14 and 21,2013 Hearing Date: January 31,2013 FINDINGS AND CONCLUSIONS OF LAW Having heard all of the testimony and considered the entire record herein,the Board makes the following findings of fact and conclusions of law: 1. The applicants are Charles W. Wahlquist, James R. Wahlquist, and Robert L. Wahlquist aka Wahlquist Bros. LLC,property owners. 2. The site is located at 2017 60'h Ave., in the NW 1/4 of NW 1/4 of Section 1,T2 8N,R17W Town of Rush River, St. Croix County,Wisconsin. 3. The applicants filed an application with the Board of Adjustment for an after-the-fact special exception permit for filling and grading an area exceeding 10,000 square feet in the Shoreland District pursuant to Section 17.29(2)(d)of the St. Croix County Zoning Ordinance. The filling and grading activities for the entire project encompassed an area of approximately 16,000 square feet on slopes less than 12 percent within 300' of a navigable tributary of the Rush River. 4. The applicants obtained a building permit from the Town of Rush River to construct a 9,120 sq. ft. accessory structure. The structure was erected in an area on the parcel within 300' of the tributary channel and met the 75 ft. Ordinary High Water Mark(OHWM) setback. 5. The Town Rush River was sent a copy of the application for review by their Town Board. Town Chairman, Donald Schumacher, submitted a letter stating that the Town has approved the landscaping done around the accessory structure. No further comments were submitted by the Town with regard to this request. 6. The St. Croix County Land and Water Conservation Department made the following comments regarding the application: • The rip-rap shall be maintained and cleared of woody debris to ensure structural integrity. • Remove the debris pile on the west side of the shed and the east bank of the navigable stream. It appears the debris pile falls within the floodplain and the 75' setback of the ordinary high watermark. • The silt fence shall be maintained until self-sustaining vegetation is established on all disturbed areas. • Any erosion that occurs prior to and after the establishment of the permanent vegetation shall be repaired. • Mow or treat any noxious weeds that may try to establish on site. • The use of phosphorous fertilizer shall be restricted unless a soil test confirms the need for vegetation establishment. With conditions that the above items be implemented and documentation of completion provided to the Zoning Administrator,the project will meet standards in the ordinance with regard to prevention and control of water pollution, including sedimentation. 7. The Wisconsin Department of Natural Resources Storm Water Management Specialist issued a WPDES General Permit for this project on November 21,2012. With a condition that the applicants comply with - 1 - activities required in the DNR permit,the request will be consistent with purposes stated in Section 17.26(3)(b)for prevention and control of water pollution. 8. A land use permit has been issued to address filling and grading that occurred within the Floodplain overlay district. Conditions in the permit include requirements for compliance with the state WPDES general permit and implementing the items listed by the Land and Water Conservation District. DECISION On the basis of the above Findings of Fact,Conclusions of Law, and the record herein,the Board approved the after- the-fact special exception permit with the following conditions: 1. This after-the-fact special exception permit allows the applicants' disturbance of an area that exceeded 10,000 square feet on slopes less than 12 percent in the Shoreland District near a tributary of the Rush River for construction of an accessory structure in accordance with the plans submitted, and as provided in the conditions below. Approval for this special exception permit does not include any additional grading and filling,tree removal, structures,uses, or other development activities. 2. Any aggrieved or interested party may request a reconsideration of this decision based upon Section 6 of St. Croix County Board of Adjustment Rules and By-Laws. The request for reconsideration must be in writing and submitted with new written evidence so that it can be filed with the Secretary at least 15 days prior to the next regularly scheduled Board of Adjustment meeting date. 3. The applicants must comply with any and all other required local, state, or federal permits and approvals that have been issued for this construction project, including but not limited to the county land use permit and the WDNR WPDES general permit. 4. The applicants shall submit to the Zoning Administrator a surety in the form of a cash compliance deposit in an amount of$1,100 to be held by the Planning and Zoning Department until documentation has been submitted that the project has been completed and approved to be in compliance with the conditions of this permit and all applicable provisions of the Ordinance, at which time the deposit will be refunded in full. 5. The applicants shall implement the list of activities submitted by Land&Water Conservation department in Finding#6: clear woody debris from the rip-rap,remove the debris pile on the west side of the pole building, maintain erosion and sediment control measures until permanent vegetation has been established,repair any erosion damage,treat/mow noxious weeds, and only use fertilizer containing phosphorous if soil conditions require it to establish vegetation. 6. The applicants shall establish permanent cover on disturbed areas using native species of vegetation and ensure that all vegetation establishes successfully and is managed properly to protect sensitive wildlife habitat within the primary environmental corridor and Shoreland District,to filter storm water runoff from the site,and to stabilize and protect the restored slopes to prevent any future erosion and sedimentation problems. 7. The applicants shall submit documentation to the Zoning Administrator in the form of photos that the project has been completed as approved. 8. 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 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. 9. The applicants shall have one(1)year from the date of this approval to complete the filling and grading project and stabilize disturbed areas. Failure to do so shall result in expiration of the special exception permit. If the special exception permit expires before the project commences,the applicants will be required -2 - 0 0 to secure a new special exception permit before starting. The applicants may request extensions of up to six months not to exceed a total of one(1)year from the Zoning Administrator prior to the expiration of the permit in the event that additional time is needed to secure other required permits and approvals. 10. These conditions may be amended or additional conditions may be added if unanticipated circumstances 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 applicants and an opportunity for a hearing. 11. Accepting this decision means that the applicants have read, understand,and agree to all conditions of this decision. The following vote was taken to approve the request: Nelson,yes;McAllister, absent; Hurtgen,absent; Peterson, yes; Chairman Malick,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(l 0),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. The Planning and Zoning Department can be contacted for information on how to obtain a transcript. 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: Clarence W. "Buck"Malick,Chairman Date Filed: January 31,2013 -3-