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HomeMy WebLinkAbout026-1300-01-000 k ST. CIX COUNTY ,..�. . WISCONSIN ZONING OFFICE .n.. ST. CROIX COUNTY GOVERNMENT CENTER _ _7 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 • Fax (715) 386-4686 June 16, 2004 File Ref: 10-04 - Dal Stock, Inc. 1748112 th Street New Richmond,W154017 Re: Board of Adjustment Decision Dear Applicant: The St. Croix County Board of Adjustment has reviewed your request for a special exception permit for five two-family dwellings in the Ag/Residential District and has approved this application with conditions. The enclosed document is the formal decision regarding your application. Should you have any questions or concerns,please do not hesitate in contacting me. Sincerely, Ale Rod Eslinger Interim Zoning Director dz Enclosure i cc: Donna Ray, Clerk,Town of Richmond,w/enclosure Ty Dodge,JEO Consulting,w/enclosure Pete Kling,LWCD,w/enclosure FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY,WISCONSIN Case: 10-04 Applicant: Dal Stock, Inc. Complete Application Received: March 15,2004 Hearing Notice Publication: Weeks of April 5 and 12, 2004 Hearing Date: April 22,2004 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and conducted an on-site inspection,the Board finds the following facts: 1. The owner of the property is Dal Stock,Inc., 1748 112th St.,New Richmond, WI 54022. 2. The property is located in the Whitetail Meadows Subdivision, 146th Avenue,New Richmond, WI, in the SW '/a of the NW 1/4, Section 23, T30N-R18W, Town of Richmond, St.Croix County, Wisconsin. 3. An application was made for a special exception permit to construct one twinhome on each lot(lots 12-16)of Whitetail Meadows, for a total of five twinhomes. The Board of Adjustment finds that the requirements have been met to grant the special exception pursuant to Section 17.15(6)(a)of the St. Croix County Zoning Ordinance. 4. The Town of Richmond has recommended approval of the request. 5. There was no opposition to the request. 6. The plans for the project have been designed by a professional company and will be professionally installed. 7. The Land and Water Conservation Department has approved of the request with recommendations stated in the conditions. 8. The Board finds that the location chosen in the subdivision is an appropriate place for proposed twinhomes to be constructed. 9. The Board finds that the twinhomes will provide affordable housing to the residents of St. Croix County. 10. The Board finds that the request is not contrary to the public interest. 11. The Board finds that the spirit and intent of the ordinance would be met by granting this request. DECISION On the basis of the above Findings of Fact,Conclusions of Law, and the record herein,the Board approved the request for a special exception permit for a two family dwelling in the Ag/Residential District with the following conditions: 1. This permit allows the applicant to construct one twinhome (two family dwelling) on lots 12-16 of the Whitetail Meadows Subdivision. For any other use,the dwelling would have to fully comply with the provisions of the St. Croix County Land Use Regulations. 2. The applicant shall demonstrate to the Zoning Office that each lot has an area sufficient to accommodate for the Private Onsite Wastewater Treatment Systems (POWTS) serving the structures before this permit is valid. 3. Applicant shall secure a sanitary permit for each structure from the Zoning Office and a building permit prior to commencing construction. 4. The best management practices (silt fence) must be installed before commencing grading activity(site preparation) for the project per recommendation from the Land and Water Conservation Department. 5. In an e-mail dated April 5, 2004 from Pete Kling, the LWCD has reviewed and approved the request with three comments. The applicant shall comply with the following recommendations made by the Land and Water Conservation Department: 1) Constructing the driveways all the way to the building pad would be ideal and provide an even better construction entrance for the twinhome construction; 2)Require twinhome construction to adhere to the Uniform Dwelling Code erosion control procedures identified in Comm.. 21.125; 3)Additional erosion control maintenance. In addition to the silt fence around the existing wetland,require twinhome builder to accept the responsibility of maintaining and repairing existing erosion control practices(erosion mat and temporary ditch checks)in the west road ditch from station 2+00 to 11+00. 6. Applicant to maintain at least 1 '/Z off street parking spaces for each family for which accommodations are provided in the building plus one more space per building per section 17.57 (2). 7. The property shall be kept in a neat and orderly manner. All outside storage of garbage containers shall be screened and protected from rodents. No junk,junk cars or garbage shall be allowed to accumulate on the property that may attract rodents or pose a threat to the health, safety and welfare of those citizens of St. Croix County. 8. All driving and parking areas must be provided with a dust free surface (asphalt/concrete/road millings, etc...). The applicant must submit a paving plan to the Zoning Office prior to commencing this project. 9. Any proposed lighting is to be directed away from neighboring properties. 10. The Zoning office is to be notified at the start and the finish of the project. 11. The applicant must allow free and unlimited access to the project site at any reasonable time to any Zoning Office employee to inspect the property for compliance with these conditions. 12. Any change (or addition) in use, or expansion of the project, including building, signage, shall require review and approval by the zoning administrator and in some circumstances through the Special Exception approval process,where applicable, as stated in the ordinance. 13. The applicant shall have one(1)year from the issuance of the special exception permit to commence the construction. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before business commences, the applicant will be required to secure a new special exception permit before starting or completing the project. 14. 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 2 notice to the applicant and an opportunity for a hearing. 15. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. The following vote was taken to approve: Peterson, yes; Marzolf, yes; Krueger, yes; Golz, yes; Chairperson Speer, yes. Motion carried. APPEAL RTCXTS 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,which is available from Northwestern Court Reporters,Hudson,Wisconsin. It is the responsibility of the Board of Adjustment to submit its record(file)of this matter to the circuit court. ZO G BOARD OF JADJUSTMENT Signed: (1& Chairperson Attest: Miter • Date Filed: 06/16/04 Interim Zoning Director 3 -- `�� �-__1 (-� /� _P0 EJ C� VI E;\�1' (`1�L A,D 0 W S LOT 7 LV STA TE TRUNK H/GHWA Y n65n n _ . UZ,.. n � M �r Ob nvu Cl C7 2 — L ti r" O (D a C) (JQ O O W > O u vo v CD '. O O. 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