HomeMy WebLinkAbout030-1006-80-000(2) ST. AOIX COUNTY
WISCONSIN
ZONING OFFICE
ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680• Fax (715) 386-4686
November 8,2004 File Ref 28-04
Dan and Kim Beer
1119 County Road A
Hudson, WI 54016
Re: Board of Adjustment Decision
Dear Mr. and Mrs. Beer:
The St. Croix County Board of Adjustment has reviewed your request for a variance to the setback
requirements of a Class C Highway and has approved this request. The enclosed document is the
formal decision regarding your application.
Should you have any questions or concerns,please do not hesitate in contacting me.
Since ly,
David Fodroczi
Planning and Zoning Director
dz
Enclosure
cc: Clerk, Town of St. Joseph,w/enclosure
FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY,WISCONSIN
Case: 28-04
Applicant: Dan and Kim Beer
Complete Application Received: June 7, 2004
Hearing Notice Publication: Weeks of July 5 and 12, 2004
Hearing Date: July 22, 2004
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and reviewed the site,the Board
finds the following facts:
1. The applicants are Dan and Kim Beer, 1119 County Road A,Hudson,WI 54016.
2. The site is located in the SW '/a of the SW '/a, Section 2,T29N-R19W, Town of St.
Joseph, St. Croix County, Wisconsin.
3. The applicant filed with the Zoning Office an application for a 31-foot variance from the
133-foot centerline setback requirement of County Road A, a Class C Highway. The
Board of Adjustment finds that the requirements have been met to grant a variance to
Section 17.64(1)(c)2 of the St. Croix County Zoning Ordinance.
4. The Town of St. Joseph has recommended approval of the request.
5. The addition will be no closer to the road and will not make the structure anymore non-
conforming.
6. The Board finds that this is a unique lot. The lot and buildings have been there since the
1800's. The road placement of County Road A has changed over the years,making the
structure non-conforming.
7. The Board finds that the request is not contrary to the public interest.
8. The Board finds that the spirit and intent of the ordinance would be met by granting this
variance.
The following vote was taken to approve: Krueger, yes; Luckey, yes; Jensen, yes; Chairperson
Speer, yes. Motion carried.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board
approved the applicant's request for a 31-foot variance from the centerline of County Road A to
add an addition onto an existing dwelling.
The following vote was taken to approve: Peterson, yes; Marzolf, yes; Krueger, yes; Golz, yes;
Chairperson Speer,yes. Motion carried.
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APPRAL RTGNTS
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.
G BO OF ADJUSTMENT
Signe
Chaff erson
Date Filed: 11/08/04 Attest:
Zoning and Planmi g 15irector
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OFFICIAL
BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES
July 22,2004
(This hearing recorded by Northwestern Court Reporters)
The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was
made.
Julie Speer,Art Jensen,Linda Luckey and Stan Krueger were present. Sue Nelson was absent and
excused. Staff included: Rod Eslinger, Interim Zoning Director,Pete Kling, Land and Water
Conservation Dept. and Deb Zimmermann,Paralegal/Office Manager. Chairperson Speer
believes this to be a properly noticed meeting.
Motion was made by Krueger, seconded by Jensen to adopt the agenda,noting that Article#2 and
#7 are canceled for today. Motion carried.
The Board set the next meeting date as August 26, 2004 and will be held in the County Board
Room, at the Government Center. The starting time will be 8:30 a.m.
MINUTES
Motion by Jensen, seconded by Krueger to adopt the minutes from the June 24, 2004 hearing,
with changes noted. Motion carried.
NEW BUSINESS
Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board
of Adjustment meeting is conducted. Chairperson Speer stated that the public hearing notice was
published correctly and was read into the record as follows:
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, July 22,
2004 at 8:30 a.m. at the Government Center, 1101 Carmichael Road,Hudson,Wisconsin,to consider
the following appeals to the St. Croix County Zoning Ordinance. The Board will view each site in
question,after which the Board will deliberate and vote on the appeals.
L ARTICLE: Special Exception permit request for an expansion of a non-metallic
mining permit pursuant to Chapter 14. Request is to allow TAMMEC
LLC to continue expand an existing non-metallic mining operation in the
Ag/Residential District.
APPELLANT: TAMMEC LLC
LOCATION: Section 10, Section 15 and Section 16, all in T-30-R18W, Town of
Richmond.
ADDRESS: 1190 County Highway G,New Richmond,WI 54017
2. ARTICLE: Canceled: Special Exception permit request for a non-metallic mining
permit pursuant to Chapter 14. Request is to allow County Material
Corporation to establish a non-metallic mining site in the
Ag/Residential District.
APPELLANT: County Materials Corporation,owner/Cedar Corp., agent
LOCATION: The W '/2 of Section 22,T30N-R18W,Town of Richmond
ADDRESS: 1215 County Road G,New Richmond,WI 54017
3. ARTICLE: Special Exception request for filling and grading on slopes in excess of
20% in the Shoreland District pursuant to Section 17.29(1) and (2).
Request is for filling and grading to construct a home on the property.
APPELLANT: Karel Laing, owner
LOCATION: The NW '/4 of the SW ''/4, Section 10 and the NE '/4 of the SE '/4,
Section 9,all in T31N-R19W,Town of Somerset
ADDRESS: 50thStreet, Somerset,WI 54025
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4. ARTICLE: Variance request to the height requirements of an accessory structure and
the driveway setback requirements pursuant to Section 17.12(5) and
17.64(5)(a)3. The applicant is requesting to construct an accessory
structure on a vacant lot in the Ag/Residential District.
APPELLANT: Verna Kubik,owner/Virginia Bailey, applicant
LOCATION: The SW'/4 of the SE'/4, Section 12,T30N-R20W,Town of Somerset
ADDRESS: Off of Anderson Scout Camp Road
5. ARTICLE: Special Exception permit request for limited commercial
recreational activities and for livestock operations in excess of one
animal unit per acre in the Ag/Residential District pursuant to
Section 17.15(6)(m)and(o).Request is to operate a horse
riding/training and boarding stable and to exceed the number of
animal units per acre.
APPELLANT: W.Lynne Olkjer,owner/Kara L. Giefer,agent
LOCATION: Part of Gov. Lots 5 and 6 T31N-R18W Section 3 ,Town of Star Prairie
ADDRESS: 1175 County Road H,New Richmond WI
6. ARTICLE: Special Exception request for filling and grading on slopes in excess of
20%in the Shoreland District pursuant to Section 17.29(2)(c). Request is
for filling and grading to construct a driveway on the property.
APPELLANT: Brian Wert
LOCATION: The NE 1/4 of the SW '/4 of Section 25,T29N-R19W,Town of
Hudson
ADDRESS: Lot 49 Scenic Hills Subdivision,Hudson, WI
7. ARTICLE: Items 1-4 are canceled:
Item 1: Variance request for filling and grading on slopes greater
than 12%in the St.Croix Riverway District pursuant to Section
17.36(5)(1)
Item 2: Special Exception request for land division in the St. Croix
Riverway District pursuant to Section 17.36(5)(a)1.
Item 3: Special Exception request for filling and grading in the St.Croix
Riverway District pursuant to Section 17.36(6)(a)3.
Item 4: Special Exception request for filling and grading on slopes in
excess of 20%pursuant to Section 17.15(6)(t).
APPELLANT: C.A. and Jeanette Richards,owner/Sienna Corp., agent
LOCATION: The SW '/4 of the SE '/4 and the SE '/4 of the SE '/4, Section 1,T29N-
R20W,Town of St.Joseph
ADDRESS: Gov. Lot3 and 4, Section 1,Town of St.Joseph
8. ARTICLE: Variance request to the 133-foot highway setback of a Class C
Highway pursuant to Section 17.64(1)(c)2.Request is to construct a three-
season porch on the existing home.
APPELLANT: Dan and Kim Beer,owners
LOCATION: The SW'/4 of the SW'/4, Section 2,T29N-R19W,Town of St.Joseph
ADDRESS: 119 County Road A,Hudson,WI
9. ARTICLE: 1)Variance request for a 180-foot variance to the 500-foot setback
requirements from any pre-existing neighboring residence for a
major home occupation pursuant to Section 17.155(6)(d)2.
2) Special Exception request for a major home occupation pursuant
to Section 17.15(6)(s)and Section 17.155. Request is to operate an
automotive repair business out of an accessory structure on the
property.
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APPELLANT: Ryan and Rachel Flattum
LOCATION: The NE 1/4-NW'/4, Section 3,T29N-R19W,Town of St.Joseph
ADDRESS: 1199 60 Street,Hudson,WI 54016
All interested persons are invited to attend said hearing and be heard. Additional information
may be obtained from the office of the St. Croix County Zoning Director, Hudson, Wisconsin at
(715) 386-4680.
Julie Speer,Chairperson
St.Croix County Board of Adjustment
The hearing was opened at 8:30 a.m. and testimony taken and recorded by Northwestern Court
Reporters. The Board recessed from 12:05p.m. to 3:40 p.m. to view the sites. After hearing
testimony on the above articles, reviewing the material in the record, and conducting a site visit,
the Board rendered the following decisions:
Article#9: Ryan and Rachel Flattum
Motion by Speer, seconded by Jensen to approve the applicants' request for a special exception
permit for a major home occupation and for a 180-foot variance to the 500-foot setback
requirement of a pre-existing neighboring residence based on the following findings:
1. The Board of Adjustment finds that the requirements have been met to grant the special
exception request pursuant to Section 17.36(6)(a)4 and the variance request pursuant to
Section 17.155(6)(d) of the St. Croix County Zoning Ordinance.
2. The Town of St. Joseph has recommended approval of the request.
3. There was no opposition to the request.
4. The property is unique in that there is nowhere else on the property that the shed could be
located that would meet the required 500-foot setback from the neighboring residence.
The location of the shed is as far from the neighboring property as is possible.
5. The Board finds that the shed is well screened from neighboring properties.
6. The Board finds that due to the small size of the operation, it will not be a burden or a
nuisance to the neighboring property owners.
7. The Board finds that granting the variance does not undermine the purpose of the
regulation or the intent of the ordinance. The Board believes that the spirit and intent of
the ordinance would be met by granting the variance.
8. The Board finds that granting the variance would not be contrary to the public interest.
With the following conditions:
1. This approval is for a "major home occupation"to operate an automotive repair business
in an accessory building, the total area dedicated to the business is 879 square feet. The
total floor area dedicated to the home occupation, including any area used in the
dwelling, shall be limited to a maximum of one thousand(1,000) square feet.
2. Zoning staff has the authority to inspect the property during normal office hours to insure
compliance with this permit.
3. The numbers of vehicles kept on the property for repair shall not exceed 2.
4. Hours of operation for the home occupation shall be limited to 8:00 a.m. to 10:00 p.m.
5. There shall be no exterior storage of business equipment, materials, merchandise,
inventory,vehicles or heavy equipment.
6. The applicant is to cap the floor drain by filling in with cement.
7. A containment berm is to be constructed around the parts washer and oil storage areas.
8. No autobody repair or painting of vehicles is to be done at the site.
9. The applicant is to have a fire inspection conducted at the site twice a year, and file the
report with the Zoning Office.
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10. All hazardous material and recyclable material are to be disposed of/ recycled with
approved waste/ recyclable handlers, and applicant is to comply with all storing and
reporting requirements of hazardous materials.
11. The existing screening is to be maintained on the property.
12. Applicant to maintain proper state licensing to operate the home business.
13. The applicant shall secure all necessary town approvals, including compliance with any
building code issues.
14. The applicant shall have one (1) year from the issuance of the Special Exception permit
to act on the Special Exception permit. Failure to commence business operation in this
period shall result in the expiration of this Special Exception permit. If the Special
Exception permit expires, the applicant will be required to secure a new Special
Exception permit before commencing the business operation.
15. Any minor changes (or additions) in expansion of the project, including the business,
signage, lighting, hours of operation, shall require review and approval by the Zoning
Director. Any major change and/or addition to the originally approved plan will go
through the Special Exception approval process, where applicable, as stated in the
ordinance.
16. 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: Jensen,yes; Krueger,yes; Luckey,yes; Chairperson
Speer,yes. Motion carried.
Article#5: W.Lynn Olkier/Karen Giefer
Motion by Luckey, seconded by Krueger to table the request for a special exception permit for a
riding and boarding stable and to exceed the number of animal units per acre based on the
following findings:
1. The applicant is to obtain a recommendation from the Town of Star Prairie and submit
that recommendation to the Zoning Department.
2. The applicant shall submit a 590 Nutrient Management Report to the Zoning Department
for review.
3. Applicant is to address the concerns of the Land and Water Conservation Department by
submitting a detailed plan for the unconfined manure storage and a plan for keeping the
livestock out of the wetlands on the property.
The following vote was taken to table: Jensen, yes; Luckey, yes; Krueger,yes; Chairperson Speer,
yes. Motion carried.
Article#4: Verna Kubik/Virginia Bailey
Motion by Krueger, seconded by Jensen to approve the request for a 4-foot variance from the 15-
foot accessory building height requirements to construct a 19-foot accessory structure,based on the
following findings:
1. The Board of Adjustment finds that the requirements have been met to grant the variance
pursuant to Section 17.12(5)of the St. Croix County Zoning Ordinance.
2. The structure will be placed in the low area of the property, making it less visible from
neighboring properties.
3. There was no opposition to the request.
4. The Board finds that granting this variance will not be contrary to the public interest.
5. The Board finds that this request does not substantially undermine the purpose of the
regulation set forth in the ordinance.
6. The structure will be well screened from neighboring properties.
7. The applicant has demonstrated the need for the variance to allow the building to be an
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adequate size to store oversized vehicles inside the structure.
8. The Board finds that the spirit and intent of the ordinance will be met by granting this
variance.
The following vote was taken to approve: Luckey,yes; Krueger,yes; Jensen,yes; Chairperson
Speer,yes. Motion carried.
Article#3: Dan and Kim Beer
Motion by Speer, seconded by Krueger to approve the request for a 31-foot variance from the
centerline of County Road A to add an addition onto an existing dwelling based on the following
findings:
1. The Board of Adjustment finds that the requirements have been met to grant the variance
pursuant to Section 17.64(1)(c)2 of the St.Croix County Zoning Ordinance.
2. The Town of St.Joseph has recommended approval of the request.
3. The addition will be no closer to the road and will not make the structure anymore non-
conforming.
4. The Board finds that this is a unique lot. The lot and buildings have been there since the
1800's. The road placement of County Road A has changed over the years, making the
structure non-conforming.
5. The Board finds that the request is not contrary to the public interest.
6. The Board finds that the spirit and intent of the ordinance would be met by granting this
variance.
The following vote was taken to approve: Krueger,yes; Luckey,yes; Jensen,yes; Chairperson
Speer,yes. Motion carried.
The Board recessed the hearing at 5:15 p.m. and reconvened at 8:30 a.m. the next morning to
continue rendering decisions.
Article#1: TAMMEC
Motion by Speer, seconded by Krueger to approve the request for an amendment to an existing
permit to expand the sand, gravel and quarry operation,based on the following findings:
1. The Board of Adjustment finds that the requirements have been met to grant the special
exception request pursuant to Section 17.15(6)(g) of the St. Croix County Zoning
Ordinance. This permit is also subject to provisions of Chapter 14 Nonmetallic Mining
Ordinance.
2. The request is for the expansion of an existing operation.
3. The quarry provides a necessary resource of the citizens of St. Croix County.
4. The Town of Richmond has recommended approval of the request.
5. The operation has been professionally designed.
6. As part of the operation, the land that is no longer being used is reclaimed, as new areas
are opened.
7. The Board finds that the Tammec Company has proven they are good stewards of the
land, and there have been no complaints regarding the existing operation.
8. The Board finds that by granting this request,the spirit and intent of the ordinance will be
met.
With the following conditions:
1. All best management practices as approved shall be installed prior to commencing site
preparation.
2. The applicant must notify the Zoning Office five days prior to commencing site
preparation.
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3. The mining project may proceed according to plans presented. Any expansion beyond
this legal boundary shall require a new special exception permit.
4. This permit is valid for period of 5 ears and expires July 2009. Applicant must either
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fully reclaim the site in this time frame or reapply for a new operational plan permit. The
applicant is to contact the Zoning Office six(6)months prior to expiration date, so that
reclamation or permit renewal is complete by the expiration date.
5. Operator/applicant shall comply with all of the general requirements and conditions listed
in the non-metallic mining&reclamation ordinance(Chapter 14—Nonmetallic Mining
Ordinance(unless varied per conditions).
6. The applicant must file with the Zoning Office a financial assurance for site reclamation
pursuant to 14.7 A.1.prior to commencing any mining activities. The Land and Water
Conservation Department shall review the financial assurance amount prior to its
acceptance by the Zoning Office to ensure it's within industry standards.
7. The boundary of the site shall be staked in accordance with section 14.2 A. 10.
8. Annual fees must be submitted in accordance with 14.8 Annual Fees.
9. Applicant shall address concerns of the Land and Water Conservation Department stated
in an e-mail dated July 21, 2004.
10. All petroleum products kept onsite and related to the sand and gravel operation shall be
stored in State approved fuel storage containers and a containment system for spills.
Applicant to contact the St. Croix County Emergency Management with the amount and
the placement of these products on site.
11. Absorbent pads, design to accept petroleum products,must be located at the refueling
site.
12. Applicant is responsible for dust abatement during the duration of the permit.
13. Hours of operation shall not exceed 6:00 a.m. — 10:00 p.m., Monday—Saturday. The
applicant may submit a written request for(occasional/limited) extended hours to the
Zoning Administrator for review and approval.
14. Permit includes temporary placement of equipment necessary to conduct the mining
operation.
15. The operator shall provide and maintain the onsite sanitary satellite for the onsite
employees. The sanitary satellites shall be serviced and cleaned by a licensed septage
hauler. The applicant shall forward the pumping service agreement to the Zoning Office.
16. Site reclamation will proceed according to the plan.
17. The application shall adhere to all regulations relating to State and Federal rules during
the life of the operation.
18. Any change (or addition) in use, or expansion of the non-metallic mining project 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.
19. 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
notice to the applicant and an opportunity for a hearing.
20. Accepting this decision means that the applicant has read,understands, and agrees to all
conditions of this decision. By accepting this approval the owner(s) are ultimately
responsible for compliance with the conditions of this approval.
The following vote was taken to approve: Luckey,yes; Krueger,yes; Jensen,yes; Chairperson
Speer,yes. Motion carried.
Article#3: Karel Laing
Motion by Jensen, seconded by Krueger to approve the special exception request for an after-the-
fact permit for filling and grading in the shoreland of Pine Lake,based on the following findings:
1. The Board of Adjustment finds that the requirements have been met to grant the special
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exception permit pursuant to Section 17.29(2)(a) of the St. Croix County Zoning
Ordinance.
2. There was no opposition to the request.
3. The plans for the project have been designed by a professional engineer, who will be
working on the project until the completion.
4. Best Management Practices are being used on the site.
5. The Board finds that by granting the request, the site will become compliant within the
ordinance standards and the problem on the site will be corrected.
6. The Board finds that the request meets the spirit and intent of the ordinance.
With the following conditions:
1. The applicant is to complete the grading as submitted and approved. The site must be
restored back to its original condition, seeded, mulched and protected against erosion.
2. Before this permit is valid,the applicant shall address the LWCD concerns dated July 16,
2004.
3. A financial guarantee equal to 120% of approved construction estimates must be
submitted in favor of St. Croix County, to be held by the Zoning Office for the erosion
control and grading activities (to ensure proper construction). The initial financial
guarantee period may be for a minimum of one year and shall automatically renew until
the county releases any or the entire financial guarantee.
• Written estimates must be submitted to the Zoning office 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 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.
• Upon substantial completion of all required improvements, the applicant shall
notify the County Zoning Administrator of the completion of the improvements
in writing. The County 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
(erosion control and grading activities).
• By accepting this decision,the landowner hereby grants permission to St. Croix
County to enter, or have others enter, onto the property to complete the work if
the landowner fails or refuses to do so in a timely manner.
4. The applicant shall provide the Zoning Office with the name and phone number of the
person responsible for installing and maintaining the erosion control plan.
5. The applicant shall obtain all necessary approvals from the Wisconsin Department of
Natural Resources.
6. The Zoning office is to be notified at the start and the finish of the project.
7. The applicant is to continue working with the Land and Water Conservation and Zoning
Departments to insure that there is no damage to Pine Lake during the completion of this
project.
8. 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 and the Land and
Water Conservation Department 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 applicant shall have until October 15,2004,to complete the project. Failure to do so
shall result in revocation of the special exception permit and forfeitures. If the special
exception permit expires before construction commences, the applicant will be required
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to secure a new special exception permit before starting or completing grading on the
proj ect.
10. 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
notice to the applicant and an opportunity for a hearing.
11. 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: Jensen, yes; Luckey, yes; Krueger, yes; Chairperson
Speer,yes. Motion carried.
Article#6: Brian Wert
Motion by Krueger, seconded by Jensen to approve the request for filling and grading in a
shoreland district to construct a driveway and a residence on the property, based on the following
findings:
1. The Board of Adjustment finds that the requirements have been met to grant the special
exception permit pursuant to Section 17.29(2)(c)2 of the St. Croix County Zoning
Ordinance.
2. The Town of Hudson has recommended approval of the request.
3. There were no objections to the request.
4. The plans for the project have been professionally designed.
5. The plan, as presented,protects the natural resources on the property,and the applicant has
indicated that he will continue working with the Land and Water Conservation Department
to preserve those natural resources.
6. The Board finds that by granting this request, the spirit and intent of the ordinance will be
met.
With the following conditions:
1. This permit allows the applicant to disturb slopes on 12 -20% in the shoreland area of an
un-named lake to construct a driveway and house.
2. Before this permit is valid,the applicant shall address the LWCD concerns in a letter
dated July 16, 2004.
3. A financial guarantee equal to 120%of approved construction estimates must be
submitted in favor of St. Croix County,to be held by the Zoning Office for the erosion
control and grading activities (to ensure proper construction). 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 guarantee
• Written estimates must be submitted to the Zoning office 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 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.
• Upon substantial completion of all required improvements, the applicant shall
notify the County Zoning Administrator of the completion of the improvements
in writing. The County 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
(erosion control and grading activities).
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• By accepting this decision,the landowner hereby grants permission to St. Croix
County to enter, or have others enter, onto the property to complete the work if
the landowner fails or refuses to do so in a timely manner.
4. Prior to beginning any work, the applicant must schedule an on-site pre-construction
meeting that includes the landowner, contractor, engineer, architect, and St. Croix County
Zoning and LWCD staff members. Items to be discussed include but are not limited to
coordinating installation of BMP's, construction timelines,roles and responsibilities of
owner, engineer, architect, contractor, etc.
5. The applicant shall provide the Zoning Office with the name and phone number of the
person responsible for installing and maintaining the erosion control plan.
6. The applicant shall obtain all necessary approvals from the Wisconsin Department of
Natural Resources.
7. The applicant must secure a township building permit before commencing construction.
8. The Zoning office is to be notified at the start and the finish of the project.
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 and the Land and
Water Conservation Department 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.
10. The applicant shall have one (1)year from the issuance of the special exception permit to
commence construction. Failure to do so shall result in revocation of the special
exception permit. If the special exception permit expires before construction
commences, the applicant will be required to secure a new special exception permit
before starting or completing construction on the project.
11. 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
notice to the applicant and an opportunity for a hearing.
12. 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: Jensen,yes; Krueger,yes; Luckey,yes; Chairperson
Speer,yes. Motion carried.
Meeting was declared adjourned at 9:30 a.m.on Friday,July 23,2004.
Respectfully submitted:
Sue Nelson, Secretary Debra Zimmermann, Recording Secretary
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