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Home My WebLink About030-2047-40-000(2) CROIX COUA PLANNING G &. ZONING July 25,2008 File Ref: SE0139 Gary Elert 1378 Hilltop Ridge Houlton, WI 54082 ?. Re: St.Croix County After-the-Fact Special Exception Permit Stairway in the Lower St.Croix Riverway District =a Parcel#: 27.30.20.510I,Town of St.Joseph Code Adminisrmfi 715-386-4680 `' Dear Mr.Elert: Landlnformarion&<:' The St. Croix County Board of Adjustment(Board)has reviewed your after-the-fact special exception Planning request for a stairway you constructed in 2007 in the Lower St. Croix Riverway District in the Town of 715-386-4674.E St. Joseph. After the hearing on July 24, 2008, the Board denied your request. The enclosed document Real P rty is the formal decision regarding the application. 715 -4677 County enforcement staff will be following up with you regarding separate accessory structures located R wing on your property, specifically a pond, trail, retaining wall, and bridge that appear to be located within -386-4675 40 feet of the slope preservation zone.Please feel free to contact me with any questions or concerns. Sincerely, F Jennifer Shillcox �i Land Use Specialist/Zoning Administrator Enclosure: Formal Decision cc: Nick Vivian,Attorney Clerk,Town of St.Joseph Bill Turnblad City of Stillwater Dan Sitz, St.Croix County Planning and Zoning Department a Kevin Grabau, St. Croix County Planning and Zoning Department Steve Olson, St.Croix County Land and Water Conservation Department Carrie Stoltz,Wisconsin Department of Natural Resources �, ;: K :£.i5.`?MU S',,,. :.... .....::• •p::..:<.�:.v,:...•:. .,..•::.'..k •:..:.-- .ttaaw +aaHam,?YY[a.t<vyuuu.WpPl�xAN.YO � YA`9Y�n'£N'm 5T.CRO/X COUNTY Go vERNMENT CENTER 1 101 CARMICHAEL ROAD,HUDSON, W/ 54016 7153864686 FAX PZPCO.SAINT-CROIX.Wl.US WWW.CO.SAINT-CROIXA%q.US 1 and will require separate after-the-fact permits and/or approvals to ensure compliance with the St. Croix County Zoning Ordinance. 6. At the Board's request,County staff has notified the City of Stillwater that, as the property owner,the City is in violation of the St. Croix County Zoning Ordinance for the portion of the stairway, patios/landings,retaining walls, and other structures that fall on its parcel. County staff will work with the City to bring the situation into compliance with the Ordinance. 7. Prior to the October 25,2007 hearing,the Town of St. Joseph Town Board recommended approval of this request and noted that the applicant had made a significant improvement to the overall appearance of the property. The Town Board has not submitted any additional comments upon the matter being subsequently tabled several times. 8. Prior to the October 25, 2007 hearing,the St. Croix County Land and Water Conservation Department reviewed the application and visited the site, and found the stairway not to be causing any unnecessary erosion and to be visually screened from the river. The Department has not submitted any additional comments upon the matter subsequently being tabled several times. 9. Prior to the October 25, 2007 hearing,the Wisconsin Department of Natural Resources(DNR) reviewed the application and visited the site, and found the stairway to be well hidden from the river, and the construction methods to be appropriate to not cause continued erosion.The Department also noted appurtenances along the stairway that were not included in the application(patios, landings,and outcroppings)that should be removed or have permits applied for separately. At the hearing on April 24,2008,Dan Baumann of the DNR testified that the statewide Lower St. Croix Riverway rules apply to both the applicant and to the City of Stillwater, and that the City would be responsible for obtaining any required permits for the portion of the stairway on its property. The Department has not submitted any additional comments following the April 24,2008 hearing. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board denied the applicant's after-the-fact special exception request. The following vote was taken on the motion to deny: McAllister,yes; Peterson,yes; Hurtgen, yes: Chairperson Malick,yes. Nelson was not present. Motion carried. APPF.A1,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.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. 2 R FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST.CROIX COUNTY,WISCONSIN File: SE0139 Applicant: Gary Elert Parcel ID#: 27.30.20.510I Complete Application Received: August 29,2007 Hearing Notice Publications: Weeks of October 7 and 14, 2007 Hearing Dates: October 25,2007(tabled),January 24,2008 (tabled), April 24,2008(tabled),and July 24,2008 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony,considered the entire record herein,and visited the site,the Board makes the following Findings of Fact and Conclusions of Law: 1. The applicant is Gary Elert, owner of the lot located at 1370 Hilltop Road,with Nick Vivian, attorney, acting as his agent. 2. The site identified in the application is located at 1370 Hilltop Road in part of Government Lot 3, Section 27,T30N,R20W,Town of St. Joseph, St. Croix County,WI. 3. The applicant submitted an application to the St. Croix County Board of Adjustment for an after-the- fact special exception permit for a recently constructed limestone stairway in the Lower St. Croix Riverway Overlay District pursuant to Section 17.36 F.3.a.3) and subject to the performance standards in Section 17.36 H.12 of the St. Croix County Zoning Ordinance. In 2007,the applicant installed new limestone steps along an existing dirt trail to create a stairway that led from his lot to the St. Croix River. As part of the stairway installation,the applicant constructed additional limestone patios/landings and retaining walls where necessary to provide stability and prevent erosion. County staff notified the applicant that he would need an after-the-fact special exception permit for the stairway. 4. Section 17.36 H.12.a.(1) of the Ordinance provides that a stairway is allowed in the Lower St. Croix Riverway Overlay District if it is required to provide pedestrian access to the river due to steep,rocky, unstable or wet site conditions. Section 17.36 H.12.a.(12) further provides that one stairway may be permitted on a lot that abuts the river. The applicant's lot does not abut the river,nor does it have direct access to the river. Access to the river is across an adjacent parcel to the west that is owned by the City of Stillwater, which is referred to as Kolliner Park.Professional surveys done by both the applicant and the City of Stillwater confirm that the stairway and all associated patios/landings and retaining walls fall wholly on the City's parcel.The City of Stillwater did not co-apply for the special exception permit,has not provided written consent for the stairway and all of its adjacent components that fall on the City's parcel, and has not provided verification that the applicant has legal access to the St. Croix River across the City's parcel. Therefore,it is not appropriate for the Board of Adjustment to grant approval to the applicant since he does not have standing to apply for structures on the City of Stillwater's parcel. 5. The applicant also constructed a wooden bridge along the top of the bluff across a stone pond and retaining wall. The wooden bridge appears to be recently constructed, and it also appears that recent improvements have been made to the retaining wall and pond, which lie partially on the applicant's lot and partially on the City of Stillwater's parcel as verified by the professional survey the applicant submitted. The Board finds that these features are not part of the structural design of the stairway, but are separate "accessory structures"per the definition in Section 17.09 of the St. Croix County Zoning Ordinance. At the hearing on July 24, 2008,the applicant's attorney testified that he concurred with this finding. These structures do not currently meet the minimum setback requirements from the bluffline • ZONING BOARD OF ADJUSTMENT Signed: Clarence W.Malick, hairperso Date Filed: 07/25/08 3 S? CROIX COUN-1 Mr-F11- 1k PLANNING & ZONING January 24,2008 File Ref: SE0139 Gary Elert 1378 Hilltop Ridge Houlton,WI 54082 lot ......... . .. Re: St.Croix County Special Exception Request-Tabled Parcel#: 27.30.20.510I Town of St.Joseph P Dear Mr. Elert: Code Administrant 715-386-4680 r The St.Croix County Board of Adjustment(Board)has reviewed your after-the-factspecial exception request for a stairway in the Lower St. Croix Riverway District in the Town of St.Joseph. Land Information - At the meeting on January 24,2008,the Board voted to table its decision until the regularly Planning 715-386-4674_.x" scheduled April 24,2008 meeting to allow you additional time to provide all of the information it �f requested following the October 25,2007 meeting(please refer to my letter to you dated October 26, 1 Real P 2007 for a complete list of all requested information). rorty 715 ,..-4677 All additional information and any revised plans shall be submitted to the Zoning Administrator R cling at least one month prior to the April 24`I'meeting to allow staff, the Town of St. Joseph, and all -386-4675 government agencies adequate time for review and comment. ' k Please feel free to contact me with any questions or concerns. »>. <:;: Sincerely, C----;"eXnn Shillcox Land Use Specialist/Zoning Administrator cc: Nick Vivian,Attorney Clerk,Town of St.Joseph Bill Tumblad,City of Stillwater Kevin Grabau, St.Croix County Code Administrator :A3 Steve Olson, St.Croix County Land and Water Conservation Department . . ; Dan Baumann,Wisconsin Department of Natural Resources ST.CRO/X COUNTY GOVERNMENT CENTER 1 10 1 CARM/CHAEL ROAD,HUDSON, Wi 54016 715386.4686 FAX POPCO.SA/NT-CROIX.M.US VWWV.00.SAINT-CR0IX.VV1.U5 cc: David Magnuson,Attorney Clerk,Town of St.Joseph Bill Tumblad,City of Stillwater Carrie Stoltz,St.Croix County Code Enforcement Technician Steve Olson,St.Croix County Land and Water Conservation Department Dan Baumann,Wisconsin Department of Natural Resources I S?CROIX CO AA IL UNJ PLANNING & ZONING October 26,2007 File Ref: SE0139 Gary Elert 1378 Hilltop Ridge Houlton, WI 54082 <l Re St.Croix County Special Exception Request _> Parcel#: 27.30.20.510I,Town of St.Joseph >-. Dear Mr.Elert: Code Administrate"" 715-386-4680 The St.Croix County Board of Adjustment(Board)has reviewed your after-the-fact special exception ,„. request for a stairway in the Lower St.Croix Riverway District in the Town of St.Joseph. After the Land Information&, hearing on October 25 2007,the Board voted to table the decision for a period not to exceed three Plannin g regularly scheduled monthly meeting dates and requests the following additional information: �,;, 715-386-4674::= -. 1. A site plan prepared by a registered professional land surveyor verifying the location of h all property lines, the stairway, and all stone patios/landings and retaining walls directly Read P rty adjacent to the stairway as required by Section 17.36 J.2.b.4) of the St. Croix County 715 4677 Zoning Ordinance. R :cling 2. In the event that the stairway and any adjacent patios/landings and retaining walls extend -386-4675 onto property not owned by the applicant,then the applicant shall obtain a signature from the property owner on the special exception application form as a co-applicant for the stairway OR provide written consent for the stairway and all of its adjacent components n from the property owner in another form satisfactory to the Board. ., 3. Documentation from the City of Stillwater in a form satisfactory to the Board that the applicant has legal access to the St. Croix River across the riparian parcel that it owns adjacent to and west of the applicant's lot. 4. Documentation in a form satisfactory to the Board verifying the extent of the improvements to the existing stone retaining walls and flat areas adjacent to the stairway. Such documentation may include historic photographs, aerial photos, construction receipts, and/or a written narrative detailing the types of improvements, changes in dimensions of the structures, and dates. 5. Plans for ensuring that the stone patios/landings meet the dimensional requirements for stairway landings in the Section 17.36 H.12.a.(12)in the Ordinance. All above-requested information and any revised plans shall be submitted to the Zoning Administrator at least one month prior to the date of the Board of Adjustment meeting at which this application will be scheduled for decision to allow all government agencies adequate time for review and continent. f Please feel free to contact me with any questions or concerns. Sincerely, ei-inifer Shill x Land Use Specialist/Zoning Administrator ST.CROIX COUNTY GOVERNMENT CENTER 1 101 CARMICHAEL ROAD,HUDSON, W1 54016 7153864686 FAx POPCO.SAINT-CROIX.W/,US W W W.CO.SAI NT-C ROIX.WI.US