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HomeMy WebLinkAbout006-1083-60-100 (2) ST. CROUXC a?;N'T T Y Land Use Planning & Land InFormation ~ Resource Management Community Development Department March 28, 2014 File Ref: SE88148 Dorothy Klasse 5829 15th Road North Arlington VA 22205 Re: Special Exception request for a "two family" dwelling pursuant to Section 17.15 (6) (a) of the St. Croix County Zoning Ordinance. Property is located in section 6, T31N, R16W in the Town of Cylon. Dear Ms. Klasse: The St. Croix County Board of Adjustment (Board) has reviewed your application for a Special Exception to construct a two family dwelling at the property referenced above. At the hearing on March 27, 2014 the Board approved your special exception request with conditions. The enclosed document is the formal decision regarding the application. 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. Sincerely, IQ~ir JT/ft&" Alex Blackburn Land Use and Conservation Specialist cc: Clerk, Town of Cylon Larry Klasse, PO Box 5, Boyceville W154725 File Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, WI 54016 Fax 715.386.4686 www.sccwi. us/cdd www.facebook.com/stcroixcountywi cdd@co.saint-croix. wi. us FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE88148 Applicant: Dorothy Klasse Agent: Larry Klasse Location: Section 36, T3 IN, RI 6W, Town of Cylon Hearing Notice Publication: February 10 and 17, 2014 Hearing Date: March 27, 2014 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and reviewed the site the Board of Adjustment makes the following Findings of Fact and Conclusions of Law for the special exception; 1. The applicant and property owner is Dorothy Klasse and the agent is Larry Klasse. 2. The site is located at 2533 Hwy. 63/64 in the NE 1/4 of the NW '/4 of Section 36, T3 IN, RI 6W in the Town of Cylon. 3. The applicants filed an application with the Board of Adjustment for a special exception permit to construct a two-family dwelling pursuant to Section 17.15(6)(a) of the St. Croix County Zoning Ordinance. The applicants propose to construct a two family dwelling on Lot 1 of CSM Volume 19, Page 4932. 4. Two-family dwellings are allowed with approval of a special exception permit in the Ag Residential District. 5. The applicants mistakenly missed the January 8`h Town Board meeting, and due to this absence the Town Board originally recommended denial of this special exception request. (Exhibit 3) Dorothy Klasse then contacted the Town and requested to be on the February 12th Town Board agenda. Larry Klasse attended the February 12th, meeting and the Town Board recommended forwarding this application to the February 25th Planning Commission. (Exhibit 5) At the February 25`x' Plan Commission meeting the request was discussed and a recommendation to deny this application request was forwarded to the Town Board. The Plan Commission stated that it discussed the request in regard to the Towns Comprehensive Plan and had concerns regarding: ■ Seventy six percent of the residents favor single family homes. 2 ■ Development should be limited along US Highway 63 and State Highway 64 and 46. ■ When Highway 64 is reconstructed to four lanes the placement of this duplex could cause an issue. ■ A Shoreland grading permit may be needed to construct the duplex. (Exhibit 6A) At the Cylon Town Board meeting on March 1 Ph the Town Board recommended to reject the Special Exception Application (Exhibit 6) 6. Staff has researched the Town of Cylon's concerns as listed below: ■ Seventy six percent of the residents favor single family homes. This proposed structure is a two family dwelling (duplex) and is not a multi-family structure. Staff reviewed the Town's Comprehensive Plan and finds that two family homes are not prohibited. One of the reasons is that prohibiting two family homes may be contrary to fair housing laws. ■ Development should be limited along US Highway 63 and State Highway 64 and 46. This proposal will result in (1) two family structure. This 8.8 acre lot could have the potential to be developed with up to four single family residences on four lots. ■ When Highway 64 is reconstructed to four lanes the placement of this duplex could cause an issue. Jeff Abboud, Regional Transportation Planner for the DOT, has stated that the DOT has no concerns about this structure affecting the future expansion of State Highway 63/64. ■ A Shoreland grading permit may be needed to construct the duple. Staff issues land use permits for Shoreland filling and grading on a regular basis and these permits require that water resources are protected by using Best Management Practices and also ensure that all requirements in the Shoreland Overlay District are met. 7. The existing house will be removed. The applicants are working with a certified soil tester and once the Special Exception Permit is approved a soil test will be completed in order to apply for the required POWTS (Private On-site Wastewater Treatment System) permit. 8. With conditions to complete the soil test, obtain a sanitary permit and to install a code compliant POWTS designed to handle domestic wastewater generated by both duplex units, this request will not negatively impact the health, safety or general welfare of the public, nor would it be substantially adverse to property values in the neighborhood. 9. With conditions to obtain an approved Land Use Permit for filling and grading in a Shoreland area, this request would not be detrimental to the pond to the north. 10. This request does not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors since the use is residential. 11. Neighboring landowners have been notified of the special exception request. One of the neighboring landowners, Laton Henderson, supports this request (Exhibit 7) 3 DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board of Adjustment approves the special exception request, with the following conditions: 1. This special exception permit allows the applicant to construct a two-family dwelling on a lot as indicated in the plans submitted on December 2, 2013. Approval of this special exception permit does not include any additional grading and filling beyond that shown or indicated in the plans. 2. Prior to commencing construction, the applicants shall secure all other required local, County, State, or Federal permits and approvals including but not limited to: a soil test, POWTS permit and Land Use Permit for filling and grading in a Shoreland area. 3. The existing house shall be removed within 60 days of completion of construction. 4. Within 60 days of completing construction, the applicant shall submit to the Community Development Department photographs and a record drawing of the completed project. 5. The applicant shall provide adequate off-street parking for all residents of the two-family dwelling. 6. The applicant shall maintain the property in a neat and orderly manner. 7. Any change or addition to the project, including but not limited to design of the project, may require review and approval by the Board of Adjustment. This must be submitted as a permit amendment with all applicable fees. 8. The applicant shall have one (1) year from the issuance of the special exception permit to commence construction. (Two) six month extensions may be granted by the Code Administrator. Failure to do so shall result in expiration 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. 9. These conditions may be amended or additional conditions may be added if unanticipated 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. 10. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision and has no objections if county staff conducts unannounced onsite inspections to check for compliance with the conditions of this permit. The following vote was taken to approve: Chairperson Malick, yes; Peterson, yes; McCallister, yes; Nelson, yes Sontag, yes; All votes in favor, motion carries. 4 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. Z ING BOARD OF ADJUS rNT Signed: ~7,tu-,`i\ Clarence W. Malick, Chairperson Date Filed: 03/28/2014 i I 5