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HomeMy WebLinkAbout030-1037-20-000 (2) ' ST. C .X COUNTY ti WISCONSIN �;T' rrrx�rx�� _ ■;,,, ZONING OFFICE ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road -- Hudson, WI 54016-7710 (715) 386-4680• Fax (715) 386-4686 July 9, 2003 File Ref: 27-03 David Nestrud 1079 Mound Drive Hudson, WI 54016 Re: Board of Adjustment Decision Dear Mr. Nestrud: The St. Croix County Board of Adjustment has reviewed your request for a special exception for a permit to disturb slopes greater than 20% to construct a driveway 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. Sincere Steve Fisher Zoning Director dz Enclosure cc: Donald Nestrud w/enclosure Marie Schmit, Clerk,Town of St. Joseph w/enclosures Pete Kling, LWCD,w/enclosures FINDINGS, CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY,WISCONSIN Case: Complete Application Received: April 15, 2003 Hearing Notice Publication: Weeks of May 5 and 12, 2003 Hearing Date: May 22,2003 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 applicant is David Nestrud,whose address is 1079 Mound Drive,Hudson,W154016. The owner of the property is Donald Nestrud, 1194 42nd St., Hudson, W1 54016 . 2. The applicant filed with the Zoning Office an application for a special exception request for disturbance of slopes greater than 20%to construct a driveway on the property. 3. The property is located in the NW %4 of the NE 1/4 and the NE 1/4 of the NW 1/4, Section 11, T29N-R19W, Town of St. Joseph, St. Croix County, Wisconsin. 4. The Special Exception request is for a permit for disturbance of slopes greater than 20% under Section 17.15(6)(t). 5. The applicant is working with the Zoning Office and the Land and Water Conservation Department. 6. The Board of Adjustment found that this special exception application conforms with the requirements for granting a special exception under Section 17.15(6)(t). 7. The Board of Adjustment found that the spirit and intent of the ordinance would be met by granting this special exception permit. 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 special exception permit for disturbance of slopes greater than 20% and has been approved based on the following findings: 1. The Town of St. Joseph has recommended approval of the request. 2. The plans have been designed by a professional engineer. 3. The applicant has stated that this access to the property is a much better location for access to emergency vehicles, if the need arises. 4. The Land and Water Conservation Department has approved of the plans. 5. There were no objections to the request. With the following conditions: 1. This permit allows the applicant to disturb slopes greater than 20% to construct a driveway to access two building sites for family members. 2. Financial guarantees equal to 120% of approved construction estimates must be submitted for the erosion control and grading activities. Written estimates must be submitted to the Zoning office for review and approval. Financial guarantees must be submitted and approved No construction, including earth moving, shall take place prior to approval of the financial guarantees Guarantees will not be released until the County is satisfied that the erosion control devices are implemented as planned and until the disturbed areas are proven to be stabilized. 3. 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. 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 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. 6. 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. 7. 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. 8. 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. 9. 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: Marzolf, yes; Peterson, yes; Golz, yes; Krueger, yes; Chairperson Speer, yes. Motion carried. APPF AL 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 persons 2 N 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 pp p Y pP 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. ZONING BOARD OF JUST; Signed: c CJ h erso Dated: 07/09/03 Attest: Filed: 07/09/03 Zoning Director i 3