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HomeMy WebLinkAbout038-1071-20-000 (3) Sj CRD�X COUN"6- y PLANNING & ZONING MEMO DATE: November 14, 2006 To: Chris House SE0103 file Code Administration FROM: Staff 715-386-4680 Land Information & RE: Affidavit recorded Planning 715-386-4674 Document #838839 was recorded 11/14/06 to document a Stormwater Mgt. plan on Real Property Lot 2, CSM 5/1241. The file correspondence and other documents referenced 715-386-4677 Parcel #038-14148-90-000 & Computer #17.31.18.653, but the accurate parcel # is Recycling 038-1071-20-000/.295E due to the legal separation from Wigwam Shores plat. 715-386-4675 ST.CROIX COUNTY GOVERNMENT CENTER 1 10 1 CARM/CHAEL ROAD,HUDSON, W/ 54016 715-386-4686 FAX S-PCROLX CO U", PLANNING &. ZONING October 30, 2006 File Ref: SE0103 A< Chris and Katie House PO Box 936 North Branch, MN 55056 Code Administrate; Re: St. Croix County Variance Request 715-386-4680 Parcel#: 17.31.18.653, Town of Star Prairie Land Information- Pfann1ng Dear Mr. and Mrs. House: 715-386-4674 < ' RealPrgrty The St. Croix County Board of Adjustment (Board) has reviewed your request for a 715.;.,- 6-4677 variance to construct a house and attached garage that encroaches within the setback of Brave Drive on your property in the Town of Star Prairie. After the hearing on October Recycling 26 2006 the Board voted to approve the application with conditions. The enclosed 15-386-4675 document is the formal decision regarding your application. Your must obtain any other required local, state, and federal permits and approvals. Please feel free to contact me with any questions. Sincerely, Jennifer Shillcox Land Use Specialist/Zoning Adirin-us trator Eric: Variance Decision Protecting Your Waterfiont Investment Cc: Clerk, Town of Star Prairie Lenny Koch, Koch Homes, Inc. Steve Olson, St. Croix County Land and Water Conservation Department Dan Baumann, Wisconsin Department of Natural Resources Roger Swanson, Squaw Lake Management District ST.CROIX COUNTY GOVERNMENT CENTER 1 101 CARIOICHAEL ROAD,HUDSON, WI 54016 715386-4686 FAx P'C?CO.SAL1%TCROX.WLU_S MAAN.;:.SAINT-:,R01 1X.W: .Ut-� 14 i • FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY,WISCONSIN File: SE0103 Applicants: Chris and Katie House Parcel ID#: 17.31.18.653 Complete Application Received: September 5,2006 Hearing Notice Publication: Weeks of October 9 and 16, 2006 Hearing Date: October 26,2006 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony,considered the entire record herein,the Board makes the following general findings of fact and conclusions of law: 1. The applicants are Chris and Katie House,property owners. 2. The site is located in the NW % of the SE '/, Section 17, T3 IN, R18W,Town of Star Prairie, St. Croix County, WI. 3. The applicants filed an application with the Board of Adjustment for a variance to construct a house and attached garage that encroaches within the road setback of Brave Drive on their lot in the Shoreland District of Squaw Lake pursuant to Section 17.60 6.a.of the St.Croix County Zoning Ordinance. 4. Single-family residences are permitted uses in the Ag Residential and Shoreland Districts. 5. The proposed structure will encroach approximately 25 feet within the road setback of Brave Drive,but will meet all other setback and dimensional standards of the Ordinance,including the OHWM setback. 6. The filling and grading required to construct the proposed structure is less than 10,000 square feet in area on slopes less than 20 percent and does not require a special exception permit or variance. 7. Squaw Lake is on the 303D list of impaired waters of the State of Wisconsin.The applicants' lot is adjacent to Sensitive Area#5 as designated by the Wisconsin Department of Natural Resources in its October 11,2004 report titled,Designation of Sensitive Areas of Squaw Lake, St. Croix County. 8. The encroachment of the proposed construction will not be contrary to the public interest.The primary public purposes of road setbacks are to protect the health,safety, and welfare of property owners and citizens traveling on roads in the County. Brave Drive is a flat,low speed,narrow gravel road with minimal traffic serving approximately 20 residential lots.Brave Drive has little potential to be improved or connected to other roads in the future as a"subcollector"road.Additionally,the proposed construction will be buffered from the road by a dense stand of existing trees,which will be maintained during and after construction.Due to these factors,it is unlikely that the proposed construction will pose a traffic safety risk. 9. Literal enforcement of the provisions of the Ordinance would create an unnecessary hardship due to the unique physical characteristics of the property due to the fact that the lot does not have a compliant building location. Steep slopes over 25 percent exist over approximately half of the lot; therefore,the lot cannot be built on without a variance for either encroaching into the road setback or for disturbing steep slopes.These site limitations are unique to the property and not self-created by any actions of the property owners.Properties in the immediate area do not share these same physical characteristics. 10. The spirit and intent of the Ordinance would be met by granting this request for a variance, and substantial justice would be done by allowing a single-family residence on the property, which is a permitted use in the Ag Residential and Shoreland Districts and is consistent with the uses and existing development on adjacent lots.The i proposed construction will be located in the most suitable location on the property. It exceeds the OHWM setback and will not require the disturbance of heavily wooded, steep slopes draining toward Squaw Lake. Allowing the proposed structure within the setback of Brave Drive will have fewer negative impacts on this sensitive and impaired lake. 11. The Town of Star Prairie recommends approval of this request. 12. The St. Croix County Land and Water Conservation Department finds the storm water management and erosion control plans to be adequate and recommends limiting phosphorous fertilizers on the site and recording an operation and maintenance plan for the rain gardens against the property. 13. The Wisconsin Department of Natural Resources has verified that a Chapter 30 permit is not required for the proposed project, and that increasing the setback from the OHWM and diverting runoff to rain gardens is a desired approach for limiting the impact of construction adjacent to a navigable body of water. 14. The Squaw Lake Management District recommends approval of this request. DECISION On the basis of the above Findings of Fact, Conclusions of Law,and the record herein,the Board approved the applicant's variance requests with the following conditions: 1. This variance allows the applicant to construct a house and attached garage that encroaches 24.8 feet within the road setback of Brave Drive in the Shoreland District of Squaw Lake in accordance with the site plan submitted on September 5, 2006, and as provided in the conditions below. Approval of this variance does not include any additional structures, tilling and grading, or other activities. 2. Prior to commencing construction,the applicant shall secure all necessary permits from the Town of Star Prairie and obtain any other required local, state, or federal permits and approvals, including but not limited to an updated County Sanitary Permit. 3. Prior to commencing construction, the applicant shall install erosion control measures in accordance with the plans submitted. During construction,the smallest amount of bare ground shall be exposed for as short a time as possible. The applicant shall establish permanent groundcover on all disturbed areas immediately upon completion of construction. The applicants shall not use phosphorous fertilizers to establish and maintain a lawn on the disturbed area of the site, unless a soil test confirms that phosphorous is needed. 4. Prior to commencing construction, the applicants must record an affidavit against the property referencing this variance decision and an operation and maintenance plan for the rain gardens. The applicant shall submit a recorded copy of the affidavit and operation and maintenance plan to the Zoning Administrator at this time.The intent is to make future owners aware of the limitations and responsibilities incurred as part of the Board of Adjustment's decision. 5. Prior to commencing construction,the applicant shall submit a compliance deposit in the amount of$800 to be held by the Zoning Administrator until the project has been completed and found to be in compliance with the conditions of this permit,at which time the deposit will be refunded in full. 6. Within 30 days of completing construction,the applicants shall submit to the Zoning Administrator photographs of the completed construction and certification from the project engineer or architect that the construction has been completed as approved. 2 7. The applicants shall maintain the current level of native tree, shrub, and groundcover on the steep slopes draining toward the lake. S. The applicants shall follow the recommendations for Squaw Lake Sensitive Area#5 in the Wisconsin Department of Natural Resources report titled,Designation of Sensitive Areas of Squativ Lake, St. Croix County. 9. 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 variance approval process. 10. The applicants shall have one (1)year from the approval of this variance to commence construction and (2)years from this approval to complete construction. Failure to do so shall result in expiration of the variance. If the variance expires before construction commences and the applicants have not made a prior request to the Zoning Administrator for an extension of up to six months,the applicants will be required to secure a new variance before starting or completing the project. 11. 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 applicant and an opportunity for a hearing. 12. Accepting this decision means that the applicants and all property owners have read, understand, and agree to all conditions of this decision. The following vote was taken to approve: Nelson,yes; Zoerb,yes; Chairperson Malick,yes; Luckey, yes. Struemke was not present. 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 i Signed: X� II Clarence W. Malic<, Chai7�lv Date Filed: 10/30/06 3 JT CROIX CO A UNW PLANNING & ZONING June 5, 2009 File Ref: SE01-39' 103 Chris & Katie House 958 Brave Drive Somerset, WI 54025 Re: House Special Exception Permit— Compliance Deposit Dear Mr. & Mrs. House, Code Administrati 715-386-4680 1 received your email with attached pictures on June 4, 2009, describing that you have completed work on your yard and rain gardens. That day, I sent Pam Quinn, Land Information Planning St. Croix County Zoning Specialist, out to the property to take a few more pictures 715-386-467 and confirm that the work was done. There is still an area on the east side of your property which has not completely vegetated, but the seeding is taking hold on this Real P erty area and it is sufficiently mulched to prevent any erosion. There is also a small pile 71 6-4677 of black soil that you have been using for your landscaping and seeding. However, the rest of your lawn appears very stable and this Department has no doubt that R cling you will finish up the last area of your lawn and continue upholding the conditions of -386-4675 your special exception permit. Because of this, I verify that the project has been completed and you are in compliance with all the conditions of your permit. Therefore, this Department will refund you $800.00 compliance deposit. The check should come to you in two to three weeks. We appreciate your cooperation. If you have any questions, I can be reached at (715) 386-4683 (8:00 A.M. to 5:00 P.M. weekdays). Respectfully, I Dan Sitz Zoning Technician Cc: File I i ST.CROIX COUNTY GOVERNMENT CENTER 1 10 1 CARMICHAEL ROAD,HUDSON, W1 54016 715-386-4686 FAX PZ@C0.5-AINT-CRO1X.W1.US W W W.C O.SAI NT-C R OIX.W I.U S rr RECEIVED i g Z3 a�3 3c3 rd- St. Croix County KATHLEEN H. WALSH AFFIDAVIT OF STORM WATER REGISTER OF DEEDS 4 Zaos CO. , NI ST. CROI1t MANAGEMENT& MAINTENANCE Doc TY Document Tie RECEIVED FOR RECORD 11/14/2006 03:15PH Real ., a caner(-Owner"):Christopher and Katherine House AFFIDAVIT Local Municipality("County"): St.Croix County,Wisconsin EXEMPT # On this 1 lth day November,2006the Owner agrees to ensure that the storm water management REC FEE: 11.00 facility(s)located on the property described below continue serving their intended purposes in TRAILS FEE: COPY FEE: 2.00 perpetuity in accordance with the storm water management plan and operation and maintenance CC FEE: agreement filed as a requirement of the special exception permit approved by the Board of PAGES: 1 Adjustment on 10/30/2006,File#LU0052/SE0103 a copy of which can be obtained at the St. Croix County Planning and Zoning Department. This Affidavit applies to the following real estate,herein referred to as the"Property": Lot 2,Certified Survey Map No 1241,Volume 5,Page 1241,Town of Star Prairie, St Croix County,Wisconsin Recording Area Name&Return Address: Chris and Katie House PO Box 936 North Branch,Mn 55056 Through this Affidavit,the Owner hereby subjects the Property to the following covenants, Parcel No.038-1071-20-000 conditions and restrictions: 1. The Responsible Party shall be responsible for the routine and extraordinary maintenance of the storm water management facility(s)in accordance with the operation and maintenance agreement on file at the St.Croix County Planning and Zoning Department. 2. The County,or its designee,is authorized to access the property as necessary to conduct inspections of the storm water management facility(s) to ascertain compliance with the intent of the storm water management plan and the practices and procedures prescribed in the operation and maintenance agreement. 3. Upon notification to the Responsible Party by the County of maintenance problems that require correction,the specified corrective actions shall be performed by the Responsible Party within a reasonable time frame as set by the County. 4. The County is authorized to perform the corrective actions identified in its inspection report or its notice if the Responsible Party does not make the required corrections within the specified time period. The costs and expenses of such corrective actions shall be the responsibility of the Responsible Party. 5. The terms and conditions contained in this Affidavit shall run with the Property and be binding upon the successors and assigns of the parties to this Affidavit. Upon the conveyance of the Property by the Owner or by any of the Owner's successors in title to the Property,the grantor of the Property in any such conveyance shall be relieved of the obligations provided for herein. Dated as the first day written above. Owner Signature(s): l✓f''� ` — �?�`.6�K<' e�K2i�- Owner Name(s)Typed Here:Christopher B House ClrYrr�i y��c. B 4�� Katherine L House 1 L0+n 6yie-,, �. k{(�t Acknowledgement STATE OF WISCONSIN):ss County of St.Croix) Personally came before me this 144ay ofNovember,2006 the above namedphristopher House and to me known to be the person(s)who executed the foregoing instrument and acknowledged the same. Katherine House z� C Geri Campbell.Deputy Notary Public,St.Croix County, 1/2006 My commission expires: Tl.:e.lnnnm//mt//mna r1�ofFnr/ , 0 Maintenance and Operation Provisions for Rain Gardens/Infiltration Basins System Description: Infiltration basins are designed to reduce runoff volumes from a site after development by intercepting the runoff and allowing it to slowly seep into the underlying soil and groundwater. Most are designed to infiltrate the first V2"to 1"of runoff in an attempt to meet average annual predevelopment runoff volumes. The drainage areas served by an infiltration basin is usually 2-50 acres. Minimum maintenance requirement: To ensure the proper function of storm water infiltration, the following list of maintenance activities are recommended: 1. A minimum of 70%soil cover made up of native grasses must be maintained on the basin bottom to ensure infiltration rates. Periodic burning or mowing is recommended to enhance establishment of the prairie grasses(which may take 2-3 years)and maintain the minimum native cover. To reduce G competition from cool season grasses and other weeds: -For the first year,cut to a 6"height three times—once ezch in June,July and early August. To 4G preventdamage to the native grasses,do not mow below 6". Remove excessive accumulation of L��ro clippings to avoid smothering next year's seedlings. N0� o�N�� After the first year,mowing may only be needed in early June each year to help control the spread S� G�G\XG season plants. The mowing should be raised to 10-12"to avoid dmage to warm season plants. -Burning may also be used to manage weeds in 2-5 year intervals. Late spring burns provide maximum stimulus to warm season grasses and work well to control cool season grasses. Burn when the cool season grasses are growing and the warm season plants are just barely starting to grow to get maximim control of cool season species. -Any major bare areas or areas taken over by nonnative species must be reseeded. To clear area of weeds and cool season grasses,treat with a herbicide that contains glysophosphate in accordance with manufacture's instructions. Ensure a firm seedbed is prepared to a depth of 3 inches. Seeding should occur in early—mid June. Seed with Big Bluestem,Indian grass,Little Blue Stem or switchgrass(preferably an mix of all four). A companion crop of oats is recommended. Seed must be placed at a depth of 1/4 to 1/2 inch and a minimum rate of 1/4 pound per 100 square feet. If broadcast seeding by hand,drag leaf rake over soil surface after seeding. Then roll it again and cover with a light layer of mulch and staked erosion control netting to hold it in place until germination. For other planting details,see NRCS standard 342(Critical Area Planting). 2.The basin and all components should be inspected after each heavy rain,but at a minimum of once per year. If the basin is not draining properly(within 72 hours),fi►rther inspection may be required by persons with expertise in storm water management and/or soils. -If soil testing shows tht the soil surface has become crusted,sealed or compacted,some deep tillage should be performed. Deep tillage will cut through the underlying soils at a 2-3 foot depth, loosening the soil and improving infiltration rates,with minimal disturbance of the surface vegetation. Types of tillage equipment that can a used include a subsoiler or straight,narrow shanked chisel plow. -If sedimentation is determined to be causing the failure,the accumulated sediment must be removed and the area reseeded in accordance with the notes above. -If inspection of the monitoring well shows that groundwater is regularly near the surface, additional design features may need to be considered,such as subsurface drainage or conversion to a wetland treatment system. -If the washed stone trench has become clogged,the stone and possibly the soil immediately around the stone must be replaced. 3.All outlet pipes,stone trenches and other flow control devices must be kept free of debris. Any blockage must be removed immediately. 4.Any eroding areas must be repaired immediately to prevent premature sediment buildup in the system. Erosinon matting is recommended for repairing grassed areas. 5.1-leavy equipment and vehicles must be kept off of the bottom and side slopes of infiltration basins to prevent soil compaction. Soil compaction will reduce infiltration rates and may cause failureof the basin, resulting in ponding and possible growth of wetland plants. 6.No trees are to be planted or allowed to grow on the earthern berms of the bottom of the basin. On the berms,tree root systems can reduce soil compaction and cause berm failure. On the basin bottom,trees may shade out the native grasses. The basin must be inspected annually and any woody vegetation removed. 7.Grass swales leading to the basin shall be preserved to allow free flowing of surface runoff in accordance with approved grading plans. No buildings or other structures in these areas. No grading or filling is allowed that will interupt flowsin any way. 8.I floating algea or weed growth becomes a nuisance in the forebay(decay odors,etc)it must be removed and depositied where it can not drain back into the basin or forebay. Removal of the vegetation from the water reduces regrowth the following season. Wetland vegetation must be maintatined at the waters edge for safety and pollutant purposes. 9.When sediment in the forebay has accumulated to an elevation of 3 feet below the outlet elevation,it must be removed. All removed sediment must be placed in an appropriate upland disposal site and stabilized (grass cover)to prevent sediment from washing back into the basin. Failure to remove sediment from the forebays will cause resuspension of previously trapped sediment and increase deposition in the infiltration basin. I O.No grading or filling of the basin or berms other that for sediment removal is allowed. I I.Perioding mowing of the grass swails will encourage rigorous grass cover and allow better inspections for erosions. Waiting until after August I'will avoid disturbing wildlife. Mowing around forebay may attract nuisance geese to the property and is not necessary or recommended. 12. Any other repair or maintenance needed to ensure the continued function of the infiltration basin as ordered by St Croix County under the provisions listed on page 1 of this agreement.