HomeMy WebLinkAbout030-2063-40-000 (2) CWIX CO
UN�y
PIANNING & ZONING
i
October 4,2005 File Ref 05SE0034
David&Lynn Robson
11274 Highway 35
Hudson,WI 54016
Re: St. Croix County Special Exception Request, Parcel #:34.30.20.599D, Town of St.
Joseph
Code Min inistrati
715-386-4680 Dear Mr.&Mrs.Robson:
Land Information Fr The St.Croix County Board of Adjustment(Board)has reviewed your variance requests for you
Planning to construct a pool and garage within the side and setbacks and special exception request for 715-386-4674
filling and grading within 40 feet of a slope preservation zone in the Lower St. Croix Riverway
Real ny District, on your property in the Town of St. Joseph. At the hearing on September 22, 2005,the
7 -4677 Board approved the variance and special exception requests with conditions. The enclosed
document is the formal decision regarding the application.
R ling
386-4675 You must obtain any other required local, State, and Federal permits and approvals. Should you
have any questions or concerns,please contact Jenny Shillcox or Jennifer Emmerich at 715-386-
4680.
Sincerely,
Robert Bezek
Code Administrator
je
Enclosure: Formal Decision
cc: Clerk,Town of St.Joseph
ST.CRO/X COUNTY GOVERNMENT CENTER
1 101 CARMICHAEL ROAD,HUDSON, W/ 54016 7153864686 FAx
@CO.SA/NEGRO/X W/US WWW.c0.SA1W-CR0IX WI US
t
FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST.CROIX COUNTY,WISCONSIN
Case: SE0034
Applicant: David&Lynn Robson,property owners
Parcel Number: 34.30.20.599D
Complete Application Received: August 12,2005
Hearing Notice Publication: Weeks of September 5,and 12,2005
Hearing Date: September 22,2005
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 David and Lynn Robson,property owners, 1274 Highway 35,Hudson,WI
54016.
2. The site is located in Part of Gov. Lot 1 all in Section 34,T30N, R20W,Town of St. Joseph, St.
Croix County,WI
3. Accessory structures are permitted uses in the Lower St. Croix Riverway District.
4. The Town of St.Joseph supports approval of these requests.
5. The Land&Water Conservation Department does not object to these requests.
6. There has been no public opposition to these requests. Concerns of an adjoining property owner
have been addressed.
7. There has been no opposition from the Department of Transportation to these requests.
8. In granting this variance,the spirit of the Ordinance shall be observed and substantial justice done
by allowing the applicants to have a permitted use on their property while maintaining the scenic
beauty of the Riverway.
9. These requests do not negatively impact the public health, safety or general welfare of the public,
nor would it be substantially adverse to property values in the neighborhood.
10. The proposed pool location is the most suitable because moving it to another area would require
the removal of trees and have a more negative impact to the scenic beauty of the St. Croix River.
11. With the reestablishment of native vegetative cover upon completion of the project, the natural
characteristics of the site will be maintained.
2
Item#1,Variance for a garage to encroach within the edd yard setback•
Having heard all the testimony,considered the entire record herein,and reviewed the site the Board finds the
following facts:
1. The applicants filed an application with the Board of Adjustment for a variance to encroach upon
the side yard setback of a neighboring property line in the St. Croix Riverway District to
construct a garage,pursuant to Section 17.36 G.5.c.3. of the St. Croix County Zoning Ordinance.
2. The storage garage will meet all other dimensional standards in the Ordinance.
3. The encroachment of the proposed garage will not be contrary to the public interest. The primary
public purposes of the sideyard setback requirements in the Riverway are to preserve the low-
density development and preserve and maintain the exceptional scenic and natural characteristics
of the Lower St. Croix River Valley. Dense,mature vegetation will screen the garage from the
river.
4. Literal enforcement of the provisions of the Ordinance would create an unnecessary hardship for
the property owners due to unique characteristics of their site. These site limitations are not self-
created by any actions of the landowner.
Item#2,Variance for a pool to encroach with the sideyard sethack!
Having heard all the testimony,considered the entire record herein,and reviewed the site the Board finds the
following facts:
1. The applicants filed an application with the Board of Adjustment for a variance to encroach upon
the side yard setback of a neighboring property line in the St. Croix Riverway District to
construct a pool,pursuant to Section 17.36 G.5.c.3. of the St. Croix County Zoning Ordinance.
2. The encroachment of the proposed pool will not be contrary to the public interest.The primary
public purposes of the sideyard setback requirements in the Riverway are to preserve the low-
density development and preserve and maintain the exceptional scenic and natural characteristics
of the Lower St. Croix River Valley.
3. The adjacent property is owned by the Department of Transportation and the lot will remain
vacant.
4. Literal enforcement of the provisions of the Ordinance would create an unnecessary hardship for
the property owners due to unique characteristics of their site that result in their having no
compliant building location.These site limitations are not self-created by any actions of the
landowner.
Item#3, Special Exception Permit for filling and grading within 40 feet of a slope.preservation
lone:
Having heard all the testimony,considered the entire record herein,and reviewed the site the Board finds the
following facts:
1. The applicants filed an application with the Board of Adjustment for a special exception permit
for filling and grading within 40 feet of a slope preservation zone in the Lower St. Croix
Riverway Distrcit pursuant to Section 17.36F.3.a.(5)of the St. Croix County Zoning Ordinance.
3
2. With the proper stormwater management and erosion control,this request will not increase water
pollution, including storm water runoff and sedimentation.
DECISION
On the basis of the above Findings of Fact,Conclusions of Law,and the record herein,the Board
approved the applicant's variance requests for an attached garage and pool to encroach within the
sideyard setbacks and the special exception permit request for filling and grading within 40 feet of a slope
preservation zone in the Lower St. Croix Riverway District,with the following conditions:
1. These variances allow the applicants to construct a garage and pool within the sideyard setbacks
of the St. Croix Riverway District in accordance with the amended plans submitted on September
7, 2005. Approval of these variances does not include any additional grading and filling,
structures,or impervious coverage not shown or indicated in those plans.
2. This special exception permit allows the applicants to fill and grade within 40 feet of a slope
preservation zone in the Lower St. Croix Riverway District for the construction of a pool
pursuant to Section 17.36F.3.a.(5)of the St. Croix County Zoning Ordinance. Approval for this
special exception permit does not include any additional grading and filling,structures,or
impervious coverage not shown or indicated in the amended plans submitted September 7,2005.
3. The proposed garage addition shall not have any windows on the side facing the adjoining
property to the north.
4. The proposed garage addition shall not exceed the current height of the principal structure.
5. Prior to commencing construction of the garage and pool,the applicants shall secure a building
permit from the Town of St.Joseph and obtain any other required local, State,or Federal permits
and approvals.
6. Prior to commencing construction of the garage and pool,the applicants shall submit to and have
approved by the Zoning Administrator a storm water management plan and erosion and sediment
control plan pursuant to Section 17.36 H.7. of the Ordinance. The plans shall be designed to
retain storm water and sediments on site,and shall include measures for protecting the existing
trees on the site during construction.
7. Any water draining from the pool area shall be directed away from the bluffline preferably
towards a flat area in the lawn that will allow for infiltration.
8. Prior to commencing construction of the storage garage,the applicants shall schedule an on-site
pre-construction meeting with the Zoning Administrator to:
a. provide a construction timeline and contact information for the contractors and/or
landscapers in charge of the site improvements;
b. to ensure that all pre-construction conditions have been met; and
c. to ensure that the property owners and any contractors involved are aware of their roles
and responsibilities.
4
9. Within 30 days of completing construction,the applicants shall submit to the Zoning
Administrator record drawings prepared by a registered surveyor and photographs of the property
as viewed from the St. Croix River.
10. Prior to commencing construction the applicants shall submit to and have approved by the Zoning
Administrator a vegetation plan to address screening to the St. Croix River. Rather than requiring
vegetative screening of the pool fence,the applicant shall replace trees that have previously been
removed with trees satisfactory with Steve Olson of the Land and Water Conservation
Department. The applicant shall be responsible for maintaining and enhancing the level of tree
cover on the site to ensure long-term screening of the structure from the St. Croix River and from
adjacent properties.
11. The applicant must record the vegetation maintenance plan against the deed for the property and
provide a recorded copy to the Planning and Zoning Department. The intent is to make future
owners aware of the responsibilities incurred in maintaining it for stormwater management and
screening.
12. 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 prior to making the change or
addition. Any major change or addition to the originally approved plan will have to go through
the variance approval process.
13. The applicant shall have one(1)year from the issuance of these variances and special exception
to commence construction. Failure to do so shall result in expiration of these permits. If the
permits expire before construction commences,the applicant will be required to secure new
permits 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 notice to the
applicant and an opportunity for a hearing.
Accepting this decision means that the applicant has read,understand, and agree to all conditions of this
decision.
The following vote was taken to approve: Nelson,yes;Malick,yes;Luckey,yes;Jensen,yes;
Chairperson Speer,yes. Motion carried unanimously.
APPEAL RTGHTS
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
5
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.
N1NG BOARD OF ADJUSTMENT
Signed.
1 e rs
Date Filed: 10/04/05 Attest:
Robert Be z&,Code Administrator
B
CROIX COUA
AA
:
PLANNING &. ZONING
November 3,2005 File Ref: 05SE0034
David&Lynn Robson
:x< 1274 Highway 35
,NO « Hudson WI 54016
'>`V Re: St.Croix County Special Exception Request,Parcel#: 34.30.20.599D,Town of St.Joseph
<' z:
,f^
1,11 Dear Mr. &Mrs. Robson:
Code Administratie
715-386-4680 \q4 The St. Croix County Board of Adjustment has considered your request to reconsider Condition#3 of
>: the variance approved on September 22, 2005 for your garage to encroach within the side-yard setback
Land Information& " in the Lower St. Croix Riverway District. At the hearing on October 27, 2005, the Board approved
Planning your request and has scheduled a subsequent hearing at its next meeting on December 1,2005.
_,<<
715-386-4674
Real P9Ay
If you have any new written evidence or additional information you wish to be considered by the Board
at this hearing, lease submit 12 co copies to the Planning and Zoning Department no later than
715� +G-4677 g, p p g g P
:i Thursday, November 11, 2005 to be reviewed by staff and other local and State agencies, and
Rycling included in the staff report to the Board of Adjustment.
45-386-4675
t Please feel free to contact me or Jennifer Emmerich with any questions.
Sincerely,
Jenny Shill ox
<><_ Zoning Specialist
cc: Marie Schmidt,Clerk,Town of St. Joseph
Eunice Post, Wisconsin Department of Natural Resources
ST.CROIX COUNTY GOVERNMENT CENTER
1 101 CARMICHAEL ROAD,HUDSON, W/ 54016 715386-4686 FAX
P Z C0.SAbVFCR0IXWI.US 1MA\N.CO.SAINT RCIX.Wi.LJS
CROIX COUNIJ
PLANNING & ZONING
f= December 2,2005 File Ref: 05SE0034
David&Lynn Robson
11274 Highway 35
a Hudson,WI 54016
Re: St.Croix County Special Exception Request,Parcel#: 34.30.20.599D,Town of St.Joseph
Dear Mr. &Mrs. Robson:
Code Administranop
715-386-4680 :: The St. Croix County Board of Adjustment (Board) has reconsidered Condition #3 of the variance
M.:
€: decision approved on September 22, 2005 for your garage to encroach within the side-yard setback in
Land Information the Lower St. Croix Riverway District. At the hearing on December 1, 2005,the Board voted to amend
Planning Condition#3 of the variance as follows:
715-386-4674._k "„
Condition #3:
Real Pr9perty
715 +G-4677 Prior to commencing construction, the applicants shall submit to the Zoning Administrator a
U
plan drawn to scale of all existing trees along the northern property line and adjacent to the
Rycling garage addition indicating location, species, height, DBH of trunk, and diameter of base. The
5-386-4675 applicants shall retain the dense evergreen trees along the northern property line to maintain
�,�;. PP g P P tY
. the current level of screening between the garage addition and the adjacent property to the
<: north. Prior to commencing construction of the garage addition, the applicants shall install
_"rQ temporary fencing around the existing trees to protect them from damage during construction.
The applicant shall also be res onsible or replacing any dead or dying trees within one year.
CFO. The following vote was taken to approve: Nelson,yes; Malick> Y es• Jensen,yes; Chairperson Speer,
yes. Motion carried unanimously.
Please feel free to contact me with any questions or concerns.
Sincerely,
Jenny Shillcox
Land Use Specialist/Zoning Administrator
cc: Marie Schmidt,Clerk, Town of St.Joseph
Eunice Post,Wisconsin Department of Natural Resources
ST.CRolx COUNTY GOVERNMENT CENTER
1 101 CARM/CHAEL ROAD,HUDSON, W/ 54016 715386-4686 FAx
PZ0)CO.SAUVT-CR01X.W.1LS wMR'4V. 09 AI NT-C R C EX.W.U S
Board of Adjustments - Dece* 1, 2005 • Page 1 of 13
M INLTTES
BOARD OF ADJUSI'MENI"
I
DECEMBER 1, 2005
(This hearing recorded by a Court Reporter)
The meeting was called to order by Chairperson Julie Speer at 8:3o a.m. A roll call was made. Julie
Speer,Art Jensen, Sue Nelson and Buck Malick were present. Linda Luckey was absent and excused.
Staff included: David Fodroczi, Planning and Zoning Director, Jenny Shillcox, Zoning Specialist,
Jenn Emmerich, Zoning Specialist, Steve Olson, Land and Water Conservation Department and
Debbie Murphy,recorder._
The meeting of the Board of Adjustment was called to order. Chairperson Speer believes this to be a
properly noticed meeting,and the agenda was adopted.
The next meeting for the Board will be January 5, 2oo6. The meeting will be held in the County
Board Room at the Government Center.The starting time will be 8:3o a.m.
MINUTES
Motion by Malick,seconded by Jensen to adopt the minutes from the October 27,2005 hearing.
Motion carried.
The hearing was opened and testimony taken and recorded by a court reporter.
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,December r,
2005 at 8:3o a.m.at the Government Center, rror Carmichael Road,Hudson,Wisconsin,to consider
the following requests under the St.Croix County Zoning Ordinance.The Board will view each site in
question,after which the Board will deliberate and vote on the requests.
RECONSIDERATION.
r. APPLICANT: David and Lynn Robson,owners
LOCATION: Part of Gov.Lot i, Section 34,T3oN-R2oW,Town of St.Joseph
ADDRESS: 1274 Highway 35,Hudson,WI 54o16
REQUEST: Reconsideration of Condition#3 of the decision dated September 22, 2005.
The Board will reconsider this decision pursuant to the Board of Adjustment
Bylaws,Article VIII,Section 5 and 6.
VARIANCES
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Board of Adjustments - Dece* 1, 2005 • Page 2 of 13
2. APPLICANT: Paul Madsen,owner
LOCATION: Gov. Lot 2,Section 36,T28N-R2oW,Town of Troy
ADDRESS: 208 N.Ilwaco Road,River Falls,WI 54022
Preservation Zone of the St.Croix River pursuant to Section 17.36 H.3.a.of the Lower St. Croix
Riverway Ordinance.The request is to construct decks on the property.
SPECIAL EXCEPTIONS
3. APPLICANT: Robert and Maureen Vince,owners
LOCATION: Part of Gov. Lot 1,Section 25,T28N-R1oW,Town of Troy
ADDRESS: 118 Black Bass Road, River Falls,WI 54022
REQUEST: Special exception request for a lift in the St.Croix Riverway District pursuant
to Section 17.36 H.13 of the Lower St.Croix Riverway Ordinance. The
request is to allow the applicant to install a mechanical lift to access the St.
Croix River.
4. APPLICANT: Brett and Isadora Wines,owners
LOCATION: The SE 1/4 of the NE 1/4, Section 25,T29N-R19W,Town of Hudson
ADDRESS: 763 Kilt Court, Hudson,WI 54016
REQUEST: Special exception request for filling and grading on slopes in excess of 20%
and within Soo-feet of the OHWM in the Shoreland District pursuant to Section 17.29(2)(c)1
of St. Croix County Zoning Ordinance.The request is to construct a home on Lot 34 in the
Indigo Ponds subdivision.
5. APPLICANT: Thomas and Margaret Larsen,owners/Laura and Ignecia Pizarra,agents
LOCATION: The SE 1/4 of the SE 1/4,Section 32,T29N-R16W,Town of Baldwin
ADDRESS: 6o8 230th Street,Woodville,WI 54028
REQUEST: Special exception request for a limited commercial recreational activity in the
Ag/Residential District pursuant to Section 17.14(6)(e).
6. APPLICANT: New Horizon Homes/Bernie Kopp,owners
LOCATION: The NW 1/4 of the NW 1/4,Section 23,T3oN-R18W,Town of Richmond
ADDRESS: Off of Hwy 65,New Richmond,WI 54017
REQUEST: Special exception request for an office use in the Commercial District pursuant
to Section 17.18(1)of the St.Croix County Zoning Ordinance.
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Board of Adjustments - Dece* 1, 2005 • Page 3 of 13
All interested persons are invited to attend said hearing and be heard. Additional information may
be obtained from the St.Croix County Planning and Zoning Department, Hudson,Wisconsin at(715)
386-4680.
Julie Speer,Chairperson
St.Croix County Board of Adjustment
The Board recessed from 11:05 a.m.to 2:05 p.m.to view the sites.
NEW BUSINESS.
DECISIONS:
After hearing testimony on the requested variance and special exception requests,reviewing the
material in the record,and conducting a site visit,the Board rendered the following decisions:
David and Lynn Robson
Motion by Nelson,second by Jensen to reconsider Condition #3 of the variance decision approved on
September 22,2005 for a garage to encroach within the side-yard setback in the Lower St.Croix
Riverway District.The Board voted to amend Condition #3 of the variance as follows:
Condition#B.:
Prior to commencing construction,the applicants shall submit to the Zoning Administrator
a plan drawn to scale of all existing trees along the northern property line and adjacent to
the garage addition indicating location,species,height,DBH of trunk,and diameter of
base. The applicants shall retain the dense evergreen trees along the northern property line
to maintain the current level of screening between the garage addition and the adjacent
property to the north.Prior to commencing construction of the garage addition,the
applicants shall install temporary fencing around the existing trees to protect them from
damage during construction. The applicant shall also be responsible for replacing any dead
or dying trees within one year.
The following vote was taken to approve: Nelson,yes;Malick,yes;Jensen,yes;Chairperson Speer,yes.
Motion carried unanimously.
Paul
The following requests were tabled at the October 27th hearing:
Item_#.1,; Variance request to the requirements for filling and grading in the Slope Preservation
Zone of the St.Croix Riverway District pursuant to Section 17.36 H.3.c of the Lower St.Croix
Riverway Ordinance.
_Item.._#2;_ Special Exception request for Structural Erosion Control Measures in the St.Croix
Riverway District pursuant to Section 17.36 H.4.b.of the Lower St.Croix County Riverway
Ordinance. The request is to allow the applicant to replace retaining walls and decks on the property
and to manage stormwater runoff round the house.
Item #�: Special Exception request for Stairways in the St.Croix Riverway District pursuant
to Section 17.36 H.12 of the Lower St.Croix Riverway Ordinance. The request is to allow the
applicant to install new steps to access the St.Croix River.
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Board of Adjustments - Dece* 1, 2005 . Page 4 of 13
The following request was heard at today's hearing:
Variance request to the requirements for structures in the Slope Preservation Zone of the St.Croix
River pursuant to Section 17.36 H.3.a.of the Lower St. Croix Riverway Ordinance.The request is
to construct decks on the property.
After a lengthy discussion,the following motions were made:
Motion by Malick, seconded by Jensen to table all requested variance and special exception
applications until all information requested is received and a Chapter 3o DNR permit is obtained.
The following vote was taken to table: Jensen, yes; Nelson, no, Malick yes, Chairperson Speer, no.
Motion failed on a tie vote.
Motion by Malick to adopt the three tabled items from the October 27th hearing,and to table the
variance request presented today. Malick withdrew the motion as there was no second.
Motion by Nelson,second by Speer to approve all of the variance and special exception requests with
conditions. The following vote was taken to approve: Malick,no;Jensen,no; Nelson,yes;
Chairperson Speer,yes. Motion failed on a tie vote.
Motion by Malick,second by Jensen to deny all of the variance and special exception requests. The
following vote was taken to deny: Jensen,yes; Nelson,no; Malick,yes; Chairperson Speer,no.
Motion failed on a tie vote.
Further discussion held. Motion by Malick,second by Jensen to table all requests until the next
meeting date on January 5,2oo6.The Board is requesting that the applicant provide the staff with
plans that show the location of the primary water infiltration site as agreed upon with the Land&
Water Conservation Department and Department of Natural Resources. The following vote was
taken to table: Jensen,yes; Nelson,yes;Malick,yes;Chairperson Speer,no. The motion carried on
a 3-1 vote.
Brett and Isadora Wines
Motion by Jensen, second by Malick to approve the special exception request for a permit for filling
and grading on slopes in excess of 2o% and within Soo-feet of the OHWM in the Shoreland District
of Indigo Ponds based on the following findings:
The applicants are Brett and Isadora Wines,property owners,763 Kilt Court, Hudson,WI,
with Steve West,Landsted LLC,acting as their agent.
The site is located at Lot 34 of the Indigo Ponds Subdivision at the SE 1/4 of the NE 1/4 of
Section 25,T29N, R19W,Town of Hudson,St.Croix County,Wisconsin.
The applicants filed an application with the Planning and Zoning Department for a special
exception permit for filling and grading on 20 percent slopes and greater in the Shoreland District of
a pond pursuant to Section 17.29(2)(c)1 of the St.Croix County Zoning Ordinance.
With conditions for erosion control,storm water management,and tree protection,the spirit
and intent of the Ordinance would be met and all requirements of Sections 17.70(7)(a)and 17.70(c)
of the St.Croix County'Zoning Ordinance would be met by granting this request for a special
exception permit in that negative impacts to the pond would be minimized.
The Town of Hudson has recommended approval of this request.
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Board of Adjustments - Dece* 1, 2005 • Page 5 of 13
The applicants'agent has worked with staff from the Planning and Zoning Department and La
and Water Conservation Department to address environmental concerns.
The Wisconsin Department of Natural Resources has no objections to this request.
With the following conditions:
1. This special exception permit allows the applicants to disturb slopes greater than on 20 p
in the shoreland area of a pond to establish a building site that supports a house and driveway
Approval for this special exception permit does not include any additional grading and filling,
structures,or impervious coverage not shown or indicated in the plans submitted November i
2005.
2. Prior to commencing construction,the applicants shall secure a building permit from the
of Hudson and obtain any other required local,state, or federal permits and approvals,includ
but not limited to a Wisconsin DNR Chapter 30 permit.
3. Prior to commencing construction,the applicants shall install construction fencing aroun
drip lines of trees located outside of the grading limits to protect them from damage during
construction.The applicants shall also be responsible for maintaining the existing level of nat
trees,shrubs and groundcover outside of the grading limits located on slopes more than 20 p
and/or within 75 feet of the OHWM of the pond and adjacent to the US and Fish and Wildlife
property to the south in order to:
M substantially screen the home,garage,and other structures from the pond and public la
M preserve the sensitive natural habitat within the shoreline setback and adjacent to the p
lands, and
M stabilize and protect the steep slopes from long-term erosion.
4. Prior to beginning any work,the applicants must schedule an on-site pre-construction m
that includes the landowner,contractor,registered landscape architect and St. Croix County
Planning and Zoning and Land and Water Conservation Department staff members. Items to
discussed include but are not limited to coordinating installation of BMPs,construction timel'
roles and responsibilities of owner,engineer,architect,and contractor.
5. Prior to beginning any work,the applicants must submit a financial guarantee equal to 12
approved installation estimates in favor of St.Croix County,to be held by the Planning and Z
Department for grading activities,erosion control,and storm water management measures(t
ensure proper construction). The initial financial guarantee period shall be for a minimum of
year and shall automatically renew until the county releases any or all of the financial guarant
•Written estimates must be submitted to the Planning and'Zoning Department for review
approval.
*No construction,including earth moving,shall take place prior to approval of the financi
guarantees
•The applicant shall have the engineer or registered landscape architect submit proof that
plans were installed as approved. This document can be submitted in the form of an
built or other document that county staff can review to ensure the plans were installe
accordance with the original design.
•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 improveme
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Board of Adjustments - Dece 1, 2005 0 Page 6 of 13
*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. During construction,the smallest amount of bare ground shall be exposed for as short a
time as possible. Temporary ground cover such as mulch shall be used and permanent
native groundcover shall be planted.
7. Upon commencing construction,the applicants shall implement the storm water
management plan submitted on November 14, 2005 and approved by the Land and Water
Conservation Department.The drainage swales shall be planted with native plants and
grasses to retain the ecology and natural character of the area.
8. Within 3o days of completing construction,the applicants shall record the storm water
management plan and a maintenance agreement for the permanent storm water swales
against the property. The applicant is responsible to provide a recorded copy to the Planning
and Zoning Department.The intent is to make the current and future owners aware of the
responsibilities associated with the storm water management plan as well as the limitations
the landowner incurs as a result of the plan.
y. Within 3o days of completing construction,the applicants shall submit record drawings
prepared by the project engineer or registered landscape architect and photographs of the
property to the Planning and Zoning Department.
10. 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.
11. The applicants 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.
12. 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.
13. 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: Nelson,yes; Malick,yes;Jensen,yes; Chairperson Speer,
yes.Motion carried unanimously.
Robert and Maureen Vince
Motion by Jensen, second by Malick to approve the special exception request for a permit to
construct a mechanical lift in the St.Croix Riverway District based on the following findings:
The applicants are Robert and Maureen Vince,property owners, 782 Hilltop Road,Mendota
Heights, MN 55118.
The site address is 118 Black Bass Road, River Falls,WI 54022.
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The site is located in part of Government Lot 1,all in Section 25,T28N-R19W,Town of Troy,
St.Croix County,WI.
Lifts are allowed uses with a special exception permit in the Lower St.Croix Riverway
District.
With conditions for maintaining and enhancing existing vegetation on site,the proposed lift
will not violate the spirit and intent of the Ordinance as it will be visually inconspicuous and will not
take away from the scenic or recreational qualities of the Riverway District.
The lift is necessary to provide pedestrian access to the St.Croix River due to slopes
exceeding 20 percent.
The lift will meet all design standards stipulated in section 17.36H.13.a.1)-1o).
The proposed lift will be the only lift accessing the St.Croix River on the site.
The Wisconsin Department of Natural Resources recommends approval of the request with
a condition to address screening.
The Land&Water Conservation Department recommends approval of the request with
conditions to adhere to the vegetation removal standards of Section 17.36 H.13.a.(8)of the St.Croix
County Zoning Ordinance.
There has been no public opposition to these requests.
With the following conditions:
1. This special exception permit allows the applicants to construct a lift in accordance with
the plans submitted on October 6,2005. Approval of this special exception permit does not
include any additional grading and filling,vegetation removal,structures,or impervious
coverage not shown or indicated in those plans.
2. Prior to commencing construction of the lift,the applicants shall secure a building
permit from the Town of Troy and obtain any other required local,State,or Federal permits
and approvals.
3. Prior to commencing construction of the lift,the applicants shall have the plans,specific
to this site,certified by an engineer.
4. Prior to commencing construction,the applicants shall submit and have approved by the
Zoning Administrator a vegetation plan showing what vegetation will be removed for the lift
as well as additional vegetation to be added to screen the principal structure on the site in
accordance with the vegetation management standards in Section 17.36 H.8. The plan must
also indicate that the mature white pine trees are not removed,but may be limbed up for the
installation of the lift.
5. Within 3o days of implementing the vegetation management plan,the applicants shall
record the plan against the property and provide a recorded copy to the Zoning
Administrator.The intent is to make the current and future owners aware of the
maintenance responsibilities associated with the plan and its importance for erosion control,
slope stabilization,and screening.
6. Prior to commencing construction of the lift,the applicants shall schedule an on-site
pre-construction meeting with the Zoning Administrator to:
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•provide a construction timeline and contact information for the contractors and/or
landscapers in charge of the site improvements;
*to ensure that all pre-construction conditions have been met; and
*to ensure that the property owners and any contractors involved are aware of their roles
and responsibilities.
7. Within 3o days of commencing construction of the lift,the applicants shall implement
the approved vegetation plan.
8. Within 3o days of completing construction of the lift,the applicants shall submit to the
Zoning Administrator record drawings prepared by a registered surveyor and photographs of
the property as viewed from the top of the bluff and from the mid-channel of the St. Croix
River.
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 prior to making the
change or addition. Any major change or addition to the originally approved plan will have
to go through the Board of Adjustment approval process.
10. The applicant shall have one(i)year from the issuance of this special exception permit to
commence construction. Failure to do so shall result in expiration of the permit. If the
permit expires before construction commences,the applicant will be required to secure a
new permit before starting or completing 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 applicants have read,understand,and agree to all
conditions of this decision.
The following vote was taken to approve: Nelson,yes;Malick,yes;Jensen,yes;Chairperson Speer,
yes.Motion carried unanimously.
Thomas and Margaret Larsen/Laura and Ignecia Pizarra
Motion by Jensen,second by Nelson to approve the special exception request for a limited
commercial recreational activity in the Ag/Residential District based on the following findings:
1. The applicants filed a request with the Board of Adjustment to operate a horse boarding,
training and breeding facility,to be located at 6o8—230th Street,Woodville,WI 54028.
2. The applicants are Thomas and Margaret Larsen,property owners,409 Quixote Avenue
No.,Lakeland,MN 55403•
3. The site is located in the SE 1/4 of the SE 1/4 of Section 32,T29N-R16W,Town of Baldwin.
4. This request does not violate the spirit or general intent of the St.Croix County Zoning
Ordinance.
5. This request does not negatively impact the public health,safety or general welfare of
the public,nor would it be substantially adverse to property values in the neighborhood
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because it is compatible with the surrounding agricultural uses.
6. This request does not constitute a nuisance by reason of noise,dust,smoke,odor or
other similar factors as the property owners have ample acreage to dispose of the horse
manure.
7. This request is found to be subordinate to the primary agricultural use of the property,
compatible with the agricultural use on that and surrounding properties and not likely to
attract other related commercial uses because 8o of the 12o acres is used for crops. The site
is over two miles from Baldwin and does not have convenient access from Interstate 94•
8. The Town of Baldwin has recommended approval of this request.
9. There has been no public opposition to the request.
With the following conditions:
1. The special exception permit allows the applicants to operate a horse boarding and
training facility in accordance with the plans submitted on October 17,2005. Approval for
this special exception permit does not include any additional structures,services or
operations not indicated in the plans as part of the proposed limited commercial recreational
activity.
2. Prior to commencing the limited commercial recreational activity,the applicants shall
obtain any other required local, State,or Federal permits and approvals.
3. All signage on the property shall be limited to 32 square feet and shall meet the sign
standards in accordance with Section 17.65 of the St.Croix County Zoning Ordinance.
4. The number of employees is limited to one employee and the residents,as indicated on
the plans submitted.
5. The maximum number of horses being boarded at the facility at any time shall be 22
horses.
6. The applicant shall be responsible for keeping the property in a neat and orderly manner
and disposing of the manure generated by the business. No materials or equipment shall be
stored outside or be allowed to accumulate on the property.
7• No hazardous materials shall be stored on the site.Storage of propane and any other
petroleum products shall comply with State and Federal regulations.
8. All lighting associated with the business shall be illuminated downward and shielded
away from neighboring properties to minimize glare.
9. The applicant shall be responsible for contacting the Zoning Administrator to review this
special exception permit in two years from the approval date for compliance(December
2007).
10. Any minor change or addition to the limited commercial recreational activity 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.
11. These conditions may be amended or additional conditions may added if unanticipated
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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: Nelson,yes; Malick,yes;Jensen,yes; Chairperson Speer,
yes.Motion carried unanimously.
New Horizon Homes
Motion by Nelson,second by Malick to approve the special exception request for an office use in the
Commercial District based on the following findings:
1. The applicant is Bernard Kopp,the owner of the property and New Horizon Homes,
Inc.
2. The site is located on Highway 65 in Section 23,T3oN-R18W,Town of Richmond,St.
Croix County,Wisconsin.
3. The applicant filed with the Planning and Zoning Department an application for a
special exception permit for an office building with a mortgage company and New Horizon
Homes, Inc. in the Commercial District pursuant to Section 17.18 of the St.Croix County
Zoning Ordinance.
4. This request does not violate the spirit or general intent of the St. Croix County Zoning
Ordinance in that professional office buildings are a reasonable and appropriate use in the
Commercial District,which the property is currently zoned.
5. With conditions for storm water management,landscaping,lighting,and long-term
access,this request would not negatively impact the public health,safety,or welfare of the
public,nor would it be substantially adverse to property values in the adjacent residential
developments as the design of the building is consistent with that of other existing
commercial and residential development along the Highway 65 corridor and will retain the
general character of the area.
6. This request does not constitute a nuisance by reason of noise,dust,smoke,odor or
other similar factors since only professional office uses will occur on the site.
7. The standards have been met to grant the special exception permit for professional
office use pursuant to Section 17.18(1)(a-f)of the St.Croix County Zoning Ordinance.
8. The businesses will generate minimal traffic and will provide sufficient area for
parking pursuant to Section 17.57 of the St.Croix County Zoning Ordinance.
9. The office building meets current and proposed road setbacks.
10. The current driveway access meets the highway spacing requirements for a Class B
Highway. It also appears that access to the north of the parking lot could be provided in the
future if the proposed Town Road linking Highway G to Highway 65 is constructed as
planned.
11. There has been no public opposition to this request.
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12. The Town of Richmond has recommended approval of the request.
13. The City of New Richmond Planning Department does not object to the approval of this
request provided that long-term access is maintained on I.OT 6 after the proposed
expansion of Highway 65.
14. The Wisconsin Department of Transportation does not object to the special exception
request and will allow access to Lot 6 from a shared driveway off of Highway 65 with
conditions.
15. The Land and Water Conservation Department does not object to this request provided
that storm water from all impervious coverage on the site is managed and retained on site.
With the following conditions:
2. This special exception permit is for New Horizon Homes,Inc.and a mortgage company
to operate out of an office building in the Commercial District.
3. The property owner shall maintain a minimum of one paved parking space for each 200
square feet of building floor area pursuant to Section 17.57(5)as depicted in the site plan
revised on November 18, 2005.
4. Prior to opening the businesses,the applicant shall secure all necessary local,State,and
federal permits and approvals,including but not limited to a County sanitary permit.
5. Prior to commencing construction,the applicants must submit a financial guarantee
equal to 120%of approved construction estimates in favor of St.Croix County,to be held by
the Planning and Zoning Department for the paved driveway and parking lot and the storm
water management plan(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 guarantees:
*Written estimates must be submitted to the Planning and Zoning Department 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 air 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
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. Prior to opening the businesses,the applicant must submit to and have approved by the
Zoning Administrator a revised storm water management plan indicating the elevation of
the culvert inlet under Highway 65 and provisions for retaining all water on site and not
directed to the mapped wetland west of Highway 65.Any changes incurred as a result of
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future Highway 65 projects will require that the property owner submit a revised storm water
management plan.
7. Within 6o days of this approval,the applicant must record: 1)the storm water
management plan(site plan), 2)permanent drainage easements for all storm water
management facilities and retention areas,and 3)a maintenance and monitoring agreement
against the property,and provide a recorded copy to the Zoning Administrator.Storm water
is to be retained on the site in the event that Lot 6 is further subdivided or reconfigured
during future road projects,and to make future owners aware of the responsibilities
associated with the plans as well as the limitations incurred as a result of the plans.
8. Any new development on Lot 6 shall require access from Highway G.No new buildings,
parking areas,or other structures or facilities shall be constructed on Lot 6 without prior
review and approval from the Zoning Administrator to ensure long-term access in
compliance with future transportation plans and approvals from the Wisconsin DOT.
Furthermore,in the event that future improvements to Highway 65 and/or construction of a
Town Road linking the two highways occurs,the applicant shall change the access from
Highway 65 to Highway G or to the Town Road per the recommendation of the Wisconsin
DOT.
9. Within six months of this approval,the applicant shall provide a hard surface
(asphalt/concrete)on all interior driving and parking areas as shown in the revised site plan
dated November 18, 2005.
10. Within six months of completing construction of the parking lot,the applicant shall
plant one additional evergreen tree to the west of the entrance to the parking lot,and two
additional evergreen trees to the east of the parking lot entrance to substantially screen the
parking areas and block vehicle headlights from adjacent residential properties to the south.
11. The cumulative on-site signage advertising the business shall not exceed 200 square feet.
Signs must be located a minimum of io feet from all property lines.The illuminated signs
on the building facade shall have a shielded light source to reduce glare onto adjacent
properties.Any change in on-site signage must be approved by the Zoning Administrator
and must strictly adhere to the St.Croix County Signage Ordinance.
12. The two approved light posts illuminating the parking lot must be downward directed
and shielded away from neighboring properties with photo cells and/or timers set to the
hours of the businesses.
13. Hours of operation shall not extend beyond 8 AM— 8 PM Monday-Friday,or 8 AM—6
PM on Saturday.
14. The property shall be maintained in a neat and orderly matter with no outside storage of
any materials.
15. 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 all completed
buildings,hard surface,storm water management devices,signs,and landscaping to ensure
that everything has been constructed as designed and approved.
16. The applicant shall contact the Planning and"Zoning Department to review this special
exception permit in two years from the approval date(December 1, 2007)for compliance
with the conditions of this approval.
17. Any change or addition in ownership of the building or businesses,use of the building or
type of business,or project details—including but not limited to expansion,signage,
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landscaping,or lot/access changes—shall require review and approval by the Zoning Administrator
and in some circumstances through the special exception approval process as stated in the
Ordinance.
18. The applicant shall have one(1)year from the issuance of the special exception permit to
commence both businesses. Failure to do so shall result in revocation of the special
exception permit.If the special exception permit expires before the businesses commence,
the applicant will be required to secure a new special exception permit before starting the
project.
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 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.
The following vote was taken to approve: Nelson,yes; Malick,yes;Jensen,yes; Chairperson Speer,
yes.Motion carried unanimously.
The meeting declared adjourned at 3:20 P.M.
Respectfully submitted:
Sue Nelson,Secretary
Debra Murphy,Recording Secretary
http://www.co.saint-croix.wi.us/Committee/Minutes/2005BOA/boal2O l 05.htm 2/7/2006
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rwithLynn Robson on 4-26-2010 and got the following information about the businesses located in
their commercial building at 1274 Hwy 35 in St. Joseph.
Skyline Computer Engineering, Business established , 15,000 square feet.
US Special Delivery, Business established November 2009.
Maes Auto Repair, business established February 2010.
Adoray Home Health Care (office only, no patients), business established May 2009 6000 square feet.
Smith Sales and Transfer, business established March 1, 2008 (AY-407
Lynn went onto the county website and found the fee schedule, special exception permit applications and
addendums. She will fill out and submit an application with 4 addendums
1
_ _ Exhibit 1
Parcel #: 030-2063-40-000 08/16/20P E 1 F 1
PAGE 1 OF 1
Alt. Parcel#: 34.30.20.599D 030-TOWN OF SAINT JOSEPH
Current
ST. CROIX COUNTY,WISCONSIN
Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units
00 0
Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner
O-ROBSON, DAVID R&LYNN M
DAVID R&LYNN M ROBSON
1274 HWY 35
HUDSON WI 54016
Districts: SC=School SP-Special Property Y Address(es): Primary
Type Dist# Description "1274 HWY 35
SC 2611 HUDSON
SP 1700 WITC
Legal Description: Acres: 2.750 Plat: 0139-CSM 01-0139 030-75
SEC 34 T30N R20W GL 1 LOT 2 OF CSM 1/139 Block/Condo Bldg: LOT 02
Tract(s): (Sec-Twn-Rng 401/4 1601/4)
34-30N-20W
Notes: Parcel History:
Date Doc# Vol/Page Type
07/27/1999 607533 1444/519 WD
2010 SUMMARY Bill#: Fair Market Value: Assessed with:
0
Valuations: Last Changed: 04/24/2008
Description Class Acres Land Improve Total State Reason
RESIDENTIAL G1 2.750 215,900 327,800 543,700 NO
Totals for 2010:
General Property 2.750 215,900 327,800 543,700
Woodland 0.000 0 0
Totals for 2009:
General Property 2.750 215,900 327,800 543,700
Woodland 0.000 0 0
Lottery Credit: Claim Count: 1 Certification Date: Batch#: 139
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00