HomeMy WebLinkAbout026-1053-70-000 Dn S1 UNj-
Co
PLANNING &. ZONING
July 28,2006 File Ref: SE0088
Basel Farms,Inc.
1479 95"Street
New Richmond,WI 54017
Re: St. Croix County Special Exception Request for Filling & Grading in the
Code Administrarir Shoreland District,Parcel#: 18.30.18.277A,Town of Richmond
715-386-4680
Land Information&.;' To Whom It May Concern:
Planning
715-386-4674,::€ ' The St. Croix County Board of Adjustment (Board) has reviewed your special exception request
for filling and grading within the Shoreland District of the Willow River (Item #1) and variance
Real Prouty request for filling and grading on slopes greater than 25 percent (Item #2) in the Town of
715, E-4677 Richmond. After the hearing on July 27, 2006 the Board voted to approve the application with
conditions.The enclosed document is the formal decision regarding the application.
Ry�ring
735-386-4675 your must obtain any other required local, state, and federal permits and approvals. Please feel
free to contact me with any questions.
Sincerely,
e°
Jennifer Shillcox
Land Use Specialist/Zoning Administrator
Enc: Decision
Cc: Clerk,Town of Richmond
Jon Sonnentag, S&N Land Surveying,agent
Steve Olson,St. Croix County Land and Water Conservation Department
Eunice Post,Wisconsin Department of Natural Resources
ST.CROtx COUNTY GOVERNMENT CENTER
1 101 CARMICHAE-L ROAD,HUDSON, Wi 54016 715386-4686 FAx
�VWYV.0%SAIVT-CF,01X.V0 US
P'01CO.SACNT CRO1X.WI.:iS
•
The Board made the following findings of fact and conclusions of law pertinent to the variance for filling and grading on
slopes greater than 25 percent(Item #2):
8. The applicant filed an application with the Board of Adjustment for a variance f-ur Tilling and grading on slopes
greater than 25 percent to remove concrete debris and restore the steep banks of the W iIlow River pursuant to
Section 17.12(10)of the St. Croix County Zoning Ordinance.
9. Literal enforcement of the Ordinance would result in unnecessary hardship unique to the property since the
rubbish and concrete debris already exists along the steep banks of the Willow River and the applicants have no
other options for removing it and restoring the steep slopes to a natural condition.
10. Granting this variance would meet the spirit and intent of the Shoreland District in that it will allow the applicant
to address the negative environmental impacts of the existing rubbish and concrete debris as directed by the
Wisconsin Department of Natural Resources. Granting the variance would improve the existing conditions by
restoring natural shoreland habitat and eliminating potential sources of water pollution and other environmental
hazards.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein,the Board approved the applicant's
special exception request,with the following conditions:
1. This special exception and variance approval allows the applicants to disturb approximately 16,000 square feet of
land in the Shoreland District of the Willow River to remove existing buildings and their foundations, remove
existing rubbish and debris from the steep riverbank,and restore it to a natural condition as indicated in the plans
submitted on June 5, 2006 and as provided in the conditions below. Approval for this special exception permit
does not include any additional grading and filling, vegetation removal, or other activities not indicated in the
plans.
2. Prior to commencing construction,the applicants shall be responsible for obtaining any other required local, state,
or federal permits and approvals.
3. Prior to commencing any filling and grading activities, a double row of silt fence shall be installed around the
perimeter of the excavation site that leads to the Willow River. During construction, the smallest amount of bare
ground shall be exposed for as short a time as possible. Immediately upon completion of the construction,
temporary ground cover such as mulch shall be used. The double row of silt fence shall remain intact until self-
sufficient native vegetation has been established, after which time it shall be removed.
4. Prior to commencing any filling and grading activities,the applicants shall submit to and have approved by the
Zoning Administrator a vegetation plan for restoring native vegetation to the disturbed slopes. The plan shall
indicate measures to be taken for protecting the existing trees during the restoration project, and shall incorporate
permanent native, non-invasive grasses, shrubs, and trees into the disturbed areas to stabilize steep slopes and
provide native cover of similar species and density as what currently exists on the undisturbed areas of the site.
5. Within 30 days of this approval, the applicants must submit a financial guarantee equal to 120% of approved
estimates in favor of St. Croix County,to be held by the Planning and Zoning Department for the final grading
activities and native vegetation restoration to ensure proper installation. The initial financial guarantee period
shall be for a minimum of one year and shall automatically renew until the County releases any or all of the
financial guarantees:
2
• 0
FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY,WISCONSIN
File: SE0088
Applicant: Basel Farms,Inc.
Parcel ID#: 18.30.18.277A
Complete Application Received: June 5,2006
Hearing Notice Publication: Weeks of July 10 and 17, 2006
Hearing Date: July 27, 2006
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony,considered the entire record herein, and reviewed the site the Board makes the hollowing
general findings of fact and conclusions of law:
1. The applicant is Basel Farms,Inc., property owner, 1517 95`x' Street,New Richmond, WI 54017.
2. The site is located in the SW '/4 of the SE '/4 of Section 18,T30N, R18W, Town of Richmond, St. Croix County,
Wisconsin.
3. The Town of Richmond recommends approval of this project.
4. The St. Croix County Land and Water Conservation Department supports this project with recommendations that
the applicants leave undisturbed as many trees on the slope as possible during the restoration project, and that the
applicants leave the double row of silt fence until self-sustaining vegetative cover is established.
5. The Wisconsin Department of Natural Resources directed the applicants to clean up and restore the steep banks of
the Willow River. The Department issued a Chapter 30 Permit for this project on July 11, 2006 and supports the
Board of Adjustment's approval of this project.
The Board made the following findings of fact and conclusions of law pertinent to the special exception permit for filling
and grading in the Shoreland District(Item fl):
6. The applicant filed an application with the Board of Adjustment for a special exception permit for filling and
grading in the Shoreland District of the Willow River to remove existing buildings and their foundations, remove
debris, and restore the riverbank pursuant to Sections 17.29(2)(c) 1-3 of the St. Croix County Zoning Ordinance.
7. Grading and filling has the potential to decrease the current level of tree cover and increase the sediments entering
the Willow River during the restoration phase; however,when the proposed restoration project is complete it will
improve the ecological integrity of the riverbank, restore native habitat, and eliminate potential sources of water
pollution. Thus, with conditions for controlling erosion and managing storm water runoff to minimize the risk of
water pollution and sedimentation entering the Willow River during the project; minimizing the amount of
unnecessary grading and filling; and retaining the current level of native tree cover on the riverbanks and restoring
native vegetation on the disturbed slopes,this request:
• will not violate the spirit or general intent of the Shoreland District pursuant to Sections 17.26 (3)(b)5.a.-c.
and 7.a. and c. of the St. Croix County Zoning Ordinance,
• will not negatively impact the public health, safety or general welfare of the public, nor will it be substantially
adverse to property values in the neighborhood,
• will not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors, and
• will comply with the requirements of Section 17.70(7)(b)2, 3 and 5 and will be consistent with the
provisions of Sections 17.70(7)(d)and(f) of the Ordinance.
I
0 i . .
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
:
Si ned
g cJ
Clarence W. Mali,:. Chairper,; i
Date Filed: 07/28/06
II
4
• Written estimates must be submitted to the Zoning Administrator for review and approval.
• No construction, including earth moving, shall take place prior to approval of the financial guarantees
• The applicant shall have the engineer or registered landscape architect submit proof that the plans were
installed as approved. This document can be submitted in the form of an as-built or other document that
county staff can review to ensure the plans were installed in accordance with the original design(see
Condition#6).
• Upon substantial completion of all required improvements,the applicant shall notify the Zoning
Administrator of the completion of the improvements in writing. The Zoning Administrator, in
consultation with appropriate experts, shall inspect the improvements.
• The County may retain a portion of the guarantee, for a period not to exceed two years after final
acceptance of an improvement to ensure the project has been stabilized,this amount is not to exceed 15%
of the cost of the improvement.
6. Within 60 days of completing construction,the applicants shall submit to the Zoning Administrator certification
or record drawings prepared by the project engineer ensuring that all final grading and native vegetation
restoration has been done as indicated in the plans, and photographs of the property as viewed from all angles,
including from the river.
7. The applicants shall not use phosphorous fertilizers to establish vegetation on the disturbed slopes, unless a soil
test confirms that phosphorous is needed.
8. Any minor change or addition to 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 issuance of the special exception permit to cornmence filling and
grading activities and two(2)years from the issuance of this permit to substantially complete the project. Failure
to do so shall result in expiration of the special exception permit. If the special exception permit expires within
this timeframe, the applicants 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.
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 applicant and an opportunity for a hearing.
11. Accepting this decision means that the applicants and all property owners and agents have read, understand,and
agree to all conditions of this decision.
The following vote was taken to approve: Nelson,yes; Luckey,yes; Struemke,yes; Zoerb, yes; Chairperson Malick, yes.
Motion carried unanimously.
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(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
3