HomeMy WebLinkAbout038-1148-10-100 (2) S?CROIX COUNTJ
PLANNING &. ZONING
April 27, 2007 File Ref: SE0112
Scott and Cynthia Claason
Fr` 980 Brave Drive
'?~ Somerset, WI 54025
A��a
. ` Re: St. Croix Coun ty After-the-Fact Variance Request
Code Adminisrran"
715-386-4680 3� Parcel#: 17.31.18.637.638, Town of Star Prairie
Landlnformation Dear Mr. and Mrs. Claason:
Planning
715-386-4674.,4; '
The St. Croix County Board of Adjustment (Board) has reviewed your application for an
RealP after-the-fact varia
N. nce for an existing garage to encroach within the road setback of
7150-4677 Brave Drive in the Ag Residential and Shoreland districts in the Town of Star Prairie. After the
hearing on April 26, 2007, the Board voted to approve the request with conditions. The
Recycling
Vrr enclosed document is the formal decision regarding your application.
-386-4675
You must obtain any other required local, state, and federal permits and approvals. Please
feel fi-ee to contact me with any questions.
Sincerely,
Jennifer Shillcox
Land Use Specialist/Zoning Administrator
Ene: Decision
Jr Cc: Cleric, Town of Star Prairie
Steve Olson, St. Croix County Land and Water Conservation Department
Dan Baumann, Wisconsin Department of Natural Resources
Roger Swanson, Squaw Lake District
ST.CROIX COUNTY GOVERNMENT CENTER
P,Z @ C O.SAlA%T-CROIX WI.[iS
1 101 CARMICHAEL ROAD,HUDSON, wl 54o 16 715386-4686 FAX
-- VV41 N CC SAINT-CRCIXANI US
lot is also located just to the west of Sensitive Area 45A as identified by the Wisconsin Department of Natural
Resources in its October IL 2004 report titled. Designation of Sensitive Areas ofSquaw Luke, St Croix County_
The garage construction did not require the disturbance or place►nent of additional impervious coverage on 12-20
percent slopes draining to Squaw Lake, resulting in fewer negative impacts on the lake than if the garage had been
constructed outside of the road setback. With conditions for maintaining and enhancing native vegetation to
screen the garage and filter runoff from the additional impervious coverage, any negative impacts will be
mitigated.
11. The Town of Star Prairie approved and issued the building permit for this garage and the Town Board
recommends approval of this variance request.
12. The St. Croix County Land and Water Conservation Department recommends that the applicants address storm
water runoff from the additional impervious coverage.
13. The Wisconsin Department of Natural Resources does not object to the approval of the variance and has verified
that a Chapter 30 permit is not required.
14. The Squaw Lake Management District has not submitted a recommendation on 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
after-the-fact variance request,with the following conditions:
1. This after-the-Fact variance allows the applicants to keep an existing garage in its present location approximately
52 feet from the centerline of Brave Drive.
2. The applicants shall be responsible for securing any other necessary local, state, and federal permits and
approvals.
3. Within 30 days of this decision,the applicants shall submit to and have approved by the Zoning Administrator a
storm water management plan designed to infiltrate 100 percent of the runoff volume for a 1.5-inch rainfall event
from the additional impervious coverage on the site as recommended by the St. Croix County Land and Water
Conservation Department.
4. Within 30 days of this decision, the applicants shall submit to the Zoning Administrator photographs of the garage
taken from the shoreline. The applicants shall maintain and enhance the current level of native tree. shrub, and
groundcover along and within 35 feet of the shoreline and on the slopes between the garage and the lake as
deemed necessary by the Zoning Administrator to effectively screen the garage from the lake, help to slow and
infiltrate storm water runoff from the garage before entering the lake, stabilize the shoreline and slopes, and
ensure that the property is in compliance with the vegetation standards in the Shoreland District and consistent
with the recommendations for Squaw Lake Sensitive Area#5A in the Wisconsin Department of Natural
Resources report titled,Designation of Sensitive Areas of'Squaw Lake, St. Croix County.
5. 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: Luckey, yes, Chairperson Malick,_yes: Nelson. yes; Struemke, yes. Motion
carried unanimously.
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FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY,WISCONSIN
File: SE0112
Applicants: Scott and Cynthia Claason
Parcel #: 17.31.18.637.638
Complete Application Received: March 2,2007
Hearing Notice Publication: Weeks of April 8 and 15, 2007
Hearing Date: April 26, 2007
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein,and reviewed the site, the St. Croix County Board of
Adjustment makes the following findings of fact and conclusions of law:
1. The applicants are Scott and Cynthia Claason,property owners.
2. The site is located at 980 Brave Drive in the NE '/4 of the SE '/4 of Section 17,T3 IN, RI 8W,Town of Star Prairie,
St. Croix County, Wisconsin.
3. The applicants filed an application with the Board of Adjustment for an after-the-fact variance for a recently
constructed garage to encroach within the road setback of Brave Drive in the Ag Residential and Shoreland
districts pursuant to Section 17.60 6.a. of the St. Croix County Zoning Ordinance.
4. The garage is located 52 feet from the centerline of Brave Drive and encroaches approximately
31 feet within the road setback. It meets all other dimensional standards and required setbacks of the Ordinance.
including the setback from the OHWM of Squaw Lake.
5. The applicants followed the proper procedure in obtaining a building permit from the Town of Star Prairie prior to
beginning construction of the garage. They placed the garage in the location approved by the Town Chair and the
building inspector as part of the building permit.
6. .Detached garages are permitted accessory structures in the Ag Residential and Shoreland districts.
7. The filling and grading required to constrict the garage was less than 1,000 square feet in area on slopes less than
12 percent, which is allowed in the Shoreland District without a permit.
8. The encroachment of the garage 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 privately owned,dead-end,low speed,narrow gravel road with minimal traffic that
provides public rights-of-way to approximately 20 residential lots in the Wigwam Shores subdivision. According
to the Town Chair, Brave Drive has little potential to be improved or connected to other roads as a"subcollector"
in the future. Additionally, the garage is buffered from the road by a split rail fence and a dense stand of mature
evergreen trees. Due to these factors, it is unlikely that the garage will pose a traffic safety risk
9. Literal enforcement of the provisions of the Ordinance would create an unnecessary hardship due to unique
physical characteristics of the property. The applicants' lot does not have any other suitable building location for
the garage due to the presence of the lake and required lake setback to the north, slopes ranging from 12-20
percent to the north, the well and sanitary system to the east, and service access to the sanitary system to the xvest.
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 detached garage to remain on the property consistent with the uses and existing
development on adjacent lots. By encroaching within the road setback,the garage is located further from the
shoreline of Squaw Lake, which is on the 303D list of impaired waters of the State of Wisconsin. The applicants'
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 §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 tills 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 infrn-mation
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:
Date Filed: 04/27/2007 Clarence W. Malick, Chairpers
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Ray Davy,president of Agri-Waste, Inc. signed an oath and spoke in favor of the request.
As a safety procedure and a requirement of Agri-Waste, Inc. odorizing equipment will be
installed at the Emerald Dairy facility. The odorizing procedure will be done before the
gas is filled into the trucks. There will be a truck at the site to unload prior to school
hours and it will be picked up after school hours. It is a standard of Northern Natural Gas
to have a person onsite while unloading the compressed gas from the truck to the
pipeline.
Alana Edwards of Northern Natural Gas signed an oath and spoke in favor of the request.
Northern Natural Gas would like to upgrade the facility to accommodate Agri-Waste. In
order to do so, the intentions are to add a building and expand the existing fence to the
property line. They would like to refrain from vegetative landscaping and avoid
screening from the road because it would impede visibility for security of high pressure
pipelines.They would like to use plastic slats that would go into the fence as an
alternative to vegetative screen. A revised easement was handed out(Exhibit 12); the
only revision that was done was to lay out the specifics of each company; nothing
changed with Jon-De Farms. There will be gravel within the fenced in area. There are
no motion censored lights on the site.
John Vrieze, Board of Directors of Agri-Waste Energy and owner of the cows that will be
producing the by-products, signed an oath and spoke in favor of the request. With
building the additional building,he does not think that the appearance of the area will
change,he feels by planting screening it will reduce the security of the facility. He is
trying to set up a schedule to deliver the fuel around the school activities. Vrieze would
like to have flexibility with delivering to the facility and not have time restrictions.
Trailers would not be hauling when the buses are in route.
Dean Doornink, President of Jon-De Farm, Inc., signed an oath and spoke in favor of the
request. The concern he had, that the easement addresses, is what happens if Agri-Waste
Energy and Northern Natural gas abandoned the property. The building to the west has
been there since 1980 and houses the electrical for the irrigation system. He would like
to see no landscaping since it would have to be on their property and would create
problems for Jon-De Farms to access their shed. The Northern Natural Gas facility was
in place before any of the houses were built to the west.
Hal Wilsy, a contractor of Northern Natural Gas, signed an oath and spoke in favor of the
request. He verified the building permit that was needed from the Town of Hammond
had been obtained from Jon Rivard.
No one testified in opposition.
The applicants reques e an alter-the-fact variance for a recently constructed garage that
encroaches within the road setback of Brave Drive on their lot in the Ag Residential
District in the Town of Star Prairie. The lot is also located within the Shoreland District
of Squaw Lake. The applicants obtained a building permit from the Town of Star Prairie
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BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
April 26, 2007
The meeting was called to order by Chairperson Buck Malick at 8:40 a.m. A roll call
was made. Chairperson Buck Malick, Linda Luckey, Sue Nelson and Chuck Struemke
were present. Jan Zoerb was absent. Staff included: Jenny Shillcox,Zoning Specialist;
David Fodroczi, Planning and Zoning Director; Kevin Grabau, Code Administrator; and
Becky Eggen, Recorder.
Staff confirmed to the Board that this was a properly advertised meeting.
The next meeting for the Board is scheduled for Thursday, May 24th, 2007 at 8:30 a.m. in
the County Board Room of the Government Center in Hudson.
The hearing was opened by Chairperson Malick. Testimony was taken and recorded by
Nancy A. Williams, court reporter from Q &A Court Reporters.
Application#1: Northern Natural Gas Company,Ap_ri-Waste Inc and Jon De
Farm,Inc.—Special Exception
The applicants requested a special exception permit to modify an existing gas meter
station in the Ag Residential District in the Town of Hammond. Northern Natural Gas
(NNG) Company owns the existing meter station and pipeline, which provides natural
gas service to the Village of Baldwin. Agri-Waste Energy, Inc. proposes to transport
methane gas, produced locally at the Emerald Dairy to the station to be metered and
distributed through the pipeline.
Staff presented the application and the staff report. The Town of Hammond
recommended approval of the request. St. Croix County Highway Department reviewed
the application and did not object to the construction of a new driveway access that was
proposed. It was recommended that the maximum width of the driveway not exceed 35
feet at the edge of the right-of-way, and that the applicants obtain a driveway permit from
the Highway Department prior to beginning construction. The Wisconsin Department of
Transportation reviewed the application and had no concerns with the proposed
modifications. The Wisconsin Department of Natural Resources reviewed the
application and verified that the site is within the Shoreland District of Baldwin Creek,
but proposed modifications, including the driveway access and turn-around area, will not
require a Chapter 30 or NR 216 permit from the Department. The Office of Pipeline
Safety reviewed the application and explained that the Commission oversees the quality
of gas and the condition of the pipelines to ensure the integrity of the pipelines in
accordance with 49 CFR 190-199. It was confirmed that this office conducts regular
field inspections and audits of operational plans and procedures for compliance with
federal standards.; The Federal Energy Regulatory Commission and the Occupational
Safety and Health Administration did not submit any recommendations.
I
Northern Natural Gas Company,Agri-Waste, Inc., and Jon De Farm Inc.—Special
Exception
Motion by Nelson, second by Struemke to approve the application as recommended by
staff based on the following findings and conclusions of law:
1. The applicants are Northern Natural Gas Company,Agri-Waste Energy, Inc., and
Jon De Farm,Inc.
2. The site is located on County Highway J in the NW '/ of the NE '/ of Section 36,
T29N, R17W, Town of Hammond, St. Croix County,Wisconsin.
3. The applicants filed with the Planning and Zoning Department an application for
a special exception permit to modify an existing natural gas meter station to meter
and distribute methane gas in the Ag Residential District pursuant to Section
17.15 (6)(1) of the St. Croix County Zoning Ordinance.
4. This request would not violate the spirit and intent of the St. Croix County Zoning
Ordinance in that the gas meter station has existed in this location and has
provided natural gas to the Village of Baldwin for over 40 years. It is an
appropriate use in the Ag Residential District,which the property is currently
zoned. By allowing modifications to the station to facilitate the distribution of
methane gas, or"Renewable Natural Gas (RNG)", the station will provide a
locally produced renewable energy source to the Village of Baldwin. The station's
location near the rapidly growing Baldwin area, the Emerald Dairy, and other
large livestock operations that plan to produce methane from manure makes the
site suitable for this use. The modifications will provide the infrastructure
necessary to encourage the production and use of renewable energy resources and
sustainable agricultural practices in the County consistent with the St. Croix
County Development Management Plan and the goals of several state-wide
initiatives to promote bio-based products, stimulate value-added economic
opportunities in support of the agricultural economy, reduce our country's
dependency on foreign energy, and support farmers and rural communities. These
initiatives include but are not limited to the Wisconsin Working Lands Initiative
and Promoting our Wisconsin Energy Resources (POWER) Initiative.
5. The site is located within the Shoreland District of Baldwin Creek. With
conditions requiring the applicants to obtain a permit for filling and grading in the
Shoreland District to install the additional driveway access and turn-around area,
the request will not violate the spirit and intent of the St. Croix County Zoning
Ordinance. To meet the requirements in the Shoreland District, the applicants
must implement erosion and sediment control and storm water management plans
to mitigate any negative impacts to the creek.
6. With conditions for limiting truck access and egress to the site and transfer of gas
from the truck to the pipeline during school bus peak hours; providing vegetation
around the existing and proposed facilities to partially screen them from adjacent
4
to construct the garage last year and did not become aware that they needed a variance
until after construction had begun.
Staff presented the application and the staff report. The Town of Star Prairie issued the
building permit and the Town Board recommended approval of the proposed variance.
St. Croix County Land and Water Conservation Department reviewed the application and
recommended that the applicants address storm water runoff from the additional
impervious coverage. Wisconsin Department of Natural Resources reviewed the
application and did not object to the approval of the variance. They also verified that a
Chapter 30 permit is not required. Squaw Lake Management was sent a copy of the
application but did not submit a recommendation.
No one testified in favor or in opposition of the application.
Randall& Linda Paul—Request for Reconsideration
Randall and Linda Paul requested a reconsideration of Condition#1 from the March 23rd
2007 Board of Adjustment Decision.
Linda Paul signed an oath and spoke in favor of the reconsideration. The Pauls visited
with everyone with in a mile and a half radius of their property and found no opposition
to the bait shop other than Mr. Brandenberg who testified at the March hearing. The
condition from the decision stated that they would only be able to sell the bait that was
raised on their property. Area neighbors said that they would not use the Paul's bait shop
if there were not enough varieties of minnows. Linda reassured the Board that they do
not want any retail; they only want to sell what they have room for. If they were looking
to sell more products, they would purchase a building in a commercial area. They would
like to purchase up to six different species of minnows. They would not have all six
species at one time. There would be different species for the different fishing seasons.
No one testified in opposition.
There was a motion by Malick to reconsider; second by Nelson. Motion carried 3-1.
Nelson—yes; Struemke—yes; Luckey—No; Malick—yes.
Staff presented a Site Visit Documentation Sheet that will be used to take notes out on the
site visits.
The Board members recessed for site visits and lunch at 10:16 a.m.
The Board reconvened at 1:22 p.m.
DECISIONS
After hearing the testimony and reviewing the material in the record, the Board rendered
the following decisions:
3
14. The Federal Energy Regulatory Commission(FERC)was mailed a copy of the
application but has not submitted a recommendation or comments for the Board's
consideration.
15. The Occupational Safety and Health Administration(OSHA)was mailed a copy
of the application but has not submitted a recommendation or comments for the
Board's consideration.
With the following conditions:
1. This special exception permit allows Northern Natural Gas,Agri-Waste Energy,
Inc., and Jon-De Farm, Inc. to modify an existing natural gas meter station in the
Ag Residential District in the Town of Hammond in order to add a shelter
building and meter equipment,meter and distribute methane gas, and provide a
new driveway access and truck turn-around area to accommodate the trucks and
trailers that will deliver methane gas to the station as proposed. The driveway
access and truck turn-around area shall not exceed 35 feet in width and 10,000
square feet in area in accordance with the revised plans submitted on April 23,
2007. All modifications shall be done in accordance with the plans submitted, and
as provided in the conditions below. Approval for this special exception permit
does not include any additional structures, impervious coverage,uses, or
activities.
2. Prior to commencing construction of the modifications, the applicants shall secure
all necessary local, state, and federal permits and approvals, including but not
limited to a land use permit for filling and grading in the Shoreland District of
Baldwin Creek from the St. Croix County Planning and Zoning Department, a
driveway permit from the St. Croix County Highway Department, and other
permits, licenses, and/or approvals required by the Wisconsin Department of
Transportation, Office of Pipeline Safety, Federal Energy Regulatory Commission
and Occupational Safety and Health Administration.
3. Prior to commencing construction of the modifications, the applicants shall
submit to and have approved by the Zoning Administrator a landscaping plan with
vegetation that reaches 40 percent opacity at maturity to partially screen the meter
station and fence from adjacent properties to the west (north of the irrigation
shed) and to the east of the proposed driveway access, while still providing an
adequate vision triangle for the ingress and egress of trucks. As part of the plan,
the applicants shall also maintain the current level of native tree and shrub cover
along the banks of Baldwin Creek consistent with the vegetation standards in the
Shoreland District and to screen the adjacent properties to the south and east. The
plan shall include the name and contact information for the party(s)primarily
responsible for long-term maintenance and compliance.
6
properties; odorizing gas; and requiring an employee to be present while gas is
being transferred from the truck to the pipeline, this request would not be contrary
to the public health, safety, or general welfare or be substantially adverse to
property values in the neighborhood. According to the applicants, estimated truck
traffic to the site is two to three trips per day, and security fencing will prevent
unauthorized access to the facilities. Additionally, the proposed modifications will
comply with all applicable DOT, OPS,FERC, and OSHA standards. The
applicants were not required to do a Phase I Environmental Assessment for the
proposed modifications,but did complete environmental reviews with the
Wisconsin Department of Natural Resources and the State Historic Preservation
Office that indicate that no sensitive environmental or historic features are present
on the site.
7. With conditions for maintaining a neat and orderly appearance, shielding any light
sources on or around the meter station from adjoining properties, and continued
compliance with all applicable local, state, and federal standards, this request
would not constitute a nuisance by reason of noise, dust, smoke, odor or other
similar factors. According to the applicants,methane gas is odorless.
8. With conditions requiring the proposed equipment shelter to meet all general
dimensional standards, setbacks, and spacing requirements for accessory
structures, the proposed modifications will be in compliance with the applicable
standards in the St. Croix County Zoning Ordinance.
9. The Town of Hammond recommends approval of this special exception request.
10. The St. Croix County Highway Department does not object to the construction of
a new driveway access point as proposed, and recommends that the maximum
width of the driveway not exceed 35 feet at the edge of the right-of-way and that
the applicants obtain a driveway permit from the Highway Department prior to
beginning construction.
11. The Wisconsin Department of Transportation(DOT)has reviewed the application
and does not have any concerns with this request.
12. The Wisconsin Department of Natural Resources (DNR)has reviewed the
application and verified that the site is within the Shoreland District of Baldwin
Creek,but that the proposed modifications, including the driveway access and
turn-around area, will not require Chapter 30 or NR 216 permits from the
Department.
13. The Office of Pipeline Safety(OPS)has reviewed the application and verified that
the Pipeline and Hazardous Materials Safety Commission oversees the quality of
gas and the condition of the pipelines to ensure the integrity of the pipelines in
accordance with 49 CFR 190-199, and conducts regular field inspections and
audits of operational plans and procedures for compliance with federal standards.
5
with the conditions above. Failure to do so shall result in expiration of the special
exception permit. If the special exception permit expires within this timeframe,
the applicant will be required to secure a new special exception permit.Upon
prior request from the applicant, the Zoning Administrator may grant approval for
an extension of up to six months.
14.Accepting this decision means that all applicants and all property owners have
read,understand, and agree to the conditions of this decision.
Motion carried unanimously.
Scott and Cynthia Claason—Variance
Motion by Luckey, second by Struemke to approve the application recommended by staff
based on the following findings and conclusions of law:
1. The applicants are Scott and Cynthia Claason,property owners.
2. The site is located at 980 Brave Drive in the NE '/ of the SE % of Section 17,
T3 IN, R18W,Town of Star Prairie, St. Croix County,Wisconsin.
3. The applicants filed an application with the Board of Adjustment for an after-the-
fact variance for a recently constructed garage to encroach within the road setback
of Brave Drive in the Ag Residential and Shoreland districts pursuant to Section
17.60 6.a. of the St. Croix County Zoning Ordinance.
4. The garage is located 52 feet from the centerline of Brave Drive and encroaches
approximately 31 feet within the road setback. It meets all other dimensional
standards and required setbacks of the Ordinance, including the setback from the
OHWM of Squaw Lake.
5. The applicants followed the proper procedure in obtaining a building permit from
the Town of Star Prairie prior to beginning construction of the garage. They
placed the garage in the location approved by the Town Chair and the building
inspector as part of the building permit.
6. Detached garages are permitted accessory structures in the Ag Residential and
Shoreland districts.
7. The filling and grading required to construct the garage was less than 1,000
square feet in area on slopes less than 12 percent, which is allowed in the
Shoreland District without a permit.
8. The encroachment of the garage 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 privately owned, dead-end, low speed, narrow gravel road with
8
4. Within six months of completing construction of the entire project,the applicants
shall submit to the Zoning Administrator photos and an as-built drawing of the
completed modifications on both parcels to ensure that the fencing, gates, shelter
building,piping, valves,meter equipment, driveway access, turn-around area, and
landscaping have been constructed as designed and approved.
5. Truck deliveries of methane gas shall not occur more than three times within any
24-hour period. Up to two additional deliveries per day may be allowed upon
prior notification and approval of the Zoning Administrator. Deliveries shall not
occur during the hours of 7:30 AM— 8:30 AM and 2:30 PM and 3:45 PM on
school days at Greenfield Elementary School located adjacent to the site to the
north across County Highway J to minimize traffic safety and health risks to
students.
6. Methane gas shall be odorized prior to delivery to the site.
7. An employee shall be present while the methane gas is being transferred on the
site.
8. No signs are approved as part of this permit. Any future signage shall require
prior review and approval by the Zoning Administrator pending the new County
sign regulations currently being developed.
9. All lights on the site must be downward directed and shielded away from
neighboring properties to prevent glare. Any lights on the equipment shelter shall
not exceed the height of the building eaves and may be left on overnight for
security purposes.
I O.The property shall be maintained in a neat and orderly manner. The existing brush
pile shall be removed.
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.Any change in ownership of the property and/or meter station and pipeline,use of
the site for metering natural and methane gas, or project details shall require prior
notification of and approval by the Zoning Administrator and in some
circumstances through the special exception approval process as stated in the
Ordinance.
133he applicants shall have one(1) year from the issuance of the special exception
permit to commence construction of the modifications and two (2) years from the
issuance of this permit to substantially complete the modifications in compliance
7
With the following conditions:
1. This after-the-fact variance allows the applicants to keep an existing garage in its
present location approximately 52 feet from the centerline of Brave Drive.
2. The applicants shall be responsible for securing any other necessary local, state,
and federal permits and approvals.
3. Within 30 days of this decision,the applicants shall submit to and have approved
by the Zoning Administrator a storm water management plan designed to
infiltrate 100 percent of the runoff volume for a 1.5-inch rainfall event from the
additional impervious coverage on the site as recommended by the St. Croix
County Land and Water Conservation Department.
4. Within 30 days of this decision,the applicants shall submit to the Zoning
Administrator photographs of the garage taken from the shoreline. The applicants
shall maintain and enhance the current level of native tree, shrub, and
groundcover along and within 35 feet of the shoreline and on the slopes between
the garage and the lake as deemed necessary by the Zoning Administrator to
effectively screen the garage from the lake,help to slow and infiltrate storm water
runoff from the garage before entering the lake, stabilize the shoreline and slopes,
and ensure that the property is in compliance with the vegetation standards in the
Shoreland District and consistent with the recommendations for Squaw Lake
Sensitive Area#5A in the Wisconsin Department of Natural Resources report
titled,Designation of Sensitive Areas of Squaw Lake, St. Croix County.
5. Accepting this decision means that the applicants have read,understand, and
agree to all conditions of this decision.
Motion carried unanimously.
Legal Update
Michael Feist is seeking an appeal and has a restraint on holding the animal units. The
County cannot take any enforcement actions.
Staff has not received any word on the Murr's hearing.
Minutes
Motion to approve minutes as amended by Malick, second by Luckey. Motion carried
unanimously.
The Board recessed for a short break at 3:20 p.m.
The Board reconvened at 3:26 p.m.
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minimal traffic that provides public rights-of-way to approximately oximatel 20 residential
lots in the Wigwam Shores subdivision. According to the Town Chair, Brave
Drive has little potential to be improved or connected to other roads as a
"subcollector"in the future. Additionally, the garage is buffered from the road by
a split rail fence and a dense stand of mature evergreen trees. Due to these factors,
it is unlikely that the garage will pose a traffic safety risk.
9. Literal enforcement of the provisions of the Ordinance would create an
unnecessary hardship due to unique physical characteristics of the property. The
applicants' lot does not have any other suitable building location for the garage
due to the presence of the lake and required lake setback to the north, slopes
ranging from 12-20 percent to the north,the well and sanitary system to the east,
and service access to the sanitary system to the west.
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 detached garage to
remain on the property consistent with the uses and existing development on
adjacent lots. By encroaching within the road setback,the garage is located
further from the shoreline of Squaw Lake, which is on the 303D list of impaired
waters of the State of Wisconsin. The applicants' lot is also located just to the
west of Sensitive Area#5A as identified by the Wisconsin Department of Natural
Resources in its October 11, 2004 report titled,Designation of Sensitive Areas of
Squaw Lake, St. Croix County. The garage construction did not require the
disturbance or placement of additional impervious coverage on 12-20 percent
slopes draining to Squaw Lake,resulting in fewer negative impacts on the lake
than if the garage had been constructed outside of the road setback. With
conditions for maintaining and enhancing native vegetation to screen the garage
and filter runoff from the additional impervious coverage, any negative impacts
will be mitigated.
11. The Town of Star Prairie approved and issued the building permit for this garage
and the Town Board recommends approval of this variance request.
12. The St. Croix County Land and Water Conservation Department recommends that
the applicants address storm water runoff from the additional impervious
coverage.
I
13. The Wisconsin Department of Natural Resources does not object to the approval
of the variance and has verified that a Chapter 30 permit is not required.
14. The Squaw Lake Management District has not submitted a recommendation on
this request.
9
Board of Adiustment By-Laws
Motion by Struemke, second by Nelson to adopt the newly revised Board of Adjustment
By-laws. Motion carried unanimously.
Date of Next Meeting
May Hearings are scheduled for the 24`h. The Board is reserving Friday morning, May
25, 2007 for site visits and Tuesday, May 29, and Wednesday May 30 for decisions if
needed.
i
The meeting was closed at 3:50 by Chairman Malick.
Respectfully submitted,
lz� -�
Sue Nelson, Secretary Becky gg n, Re ing Secretary
11
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Pam Quinn
From: Pam Quinn
Sent: Wednesday, May 14, 2014 4:14 PM
To: 'snoman5831 @yahoo.com'
Subject: RE: Plans for 980 Brave Drive
Okay,we discussed the deck rebuild &addition to the house,then roughly calculated the% impervious surfaces on the
lot using 52'x 54'for the building footprint including paved driveway plus 784 sq. ft. on garage and 120 sq.ft. for the
shed =3712 sq.ft. impervious. There is approximately 37,170 sq.ft.of lot area, so this project will just stay under the
10%allowed impervious surface and will be>75'to the lake's OHWM, so a land use permit will not be required at this
time. I will draft a letter for use in obtaining the building permit and it will document our understanding of the proposed
project.
Pam Quinn, Land Use Specialist(POWTS)
St. Croix County Community Development Dept.
1101 Carmichael Road
Hudson, WI 54016
715-386-4680
pam.guinn @ co.saint-croix.wi.us
-----Original Message-----
From: snoman5831 @vahoo.com fmailto:snoman5831 @vahoo.coml
Sent:Tuesday, May 13, 2014 3:04 PM
To: Pam Quinn
Subject: Re: Plans for 980 Brave Drive
Thanks Pam, I look forward to hearing from you. Have a great day!.....Todd
Sent from my iPhone
>On May 13, 2014, at 2:19 PM, Pam Quinn <Pam.Quinn @co.saint-croix.wi.us>wrote:
> Hi Todd,
> I want to discuss this project with other Shoreland zoning staff on Wednesday since we do a technical review of all
incoming land use permits(3 are in the queue) and I want to see if this will need one. The house is>75'from the OHWM
of Squaw Lake,the total area of impervious surface after your proposed work on the house will be less than 10%and the
land disturbance necessary to remodel is<2000 sq.ft.and is exempt from a land use permit. Let me review w/my peers
and then get back to you.
> Pam Quinn, Land Use Specialist(POWTS)St.Croix County Community
> Development Dept.
> 1101 Carmichael Road
> Hudson, WI 54016
>715-386-4680
> pam.guinn @co.saint-croix.wi.us
>-----Original Message-----
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