Loading...
HomeMy WebLinkAbout030-2065-70-000 (3) .r ST. AOIX COUNTY WISCONSIN - -- _ ZONING OFFICE ��rrrll��� ease* ST.CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 ""ter (715) 386-4680• Fax (715) 386-4686 December 21,2004 File Ref.- 35-04 Anne Rolland 1045 174`''Street Hammond,WI 54015 Re: Board of Adjustment Decision,Parcel 35.30.20.606E,Town of St.Joseph Dear Ms. Rolland: The St. Croix County Board of Adjustment(Board)has reviewed your variance requests to encroach within the setback of Highway 35 and to install a septic system drainfield on slopes greater than 12 percent in the St. Croix Riverway District. After the hearing on December 16, 2004, the Board approved the variance requests with conditions.The enclosed document is the formal decision regarding your application. You must obtain a building permit from the Town of St.Joseph prior to beginning construction of the home. Should you have any questions or concerns,please contact Jenny Shillcox at 715-386-4682. Sincerely, David Fodroczi Planning and Zoning Director js Enclosure cc: Marie Schmit,Clerk,Town of St.Joseph w/enclosure James Filkins,Ogden Engineering Company,Inc.w/enclosure Eunice Post,Wisconsin DNR w/enclosure Pam Quinn,SCC Planning&Zoning w/enclosure Pete Kling, SCC LWCD w/enclosure I FINDINGS CONCLUSIONS AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST.CROIX COUNTY,WISCONSIN Case: 35-04 Applicant: Anne Rolland,owner Complete Application Received: September 15,2004(highway encroachment application), November 15,2004(Riverway drainfield application) Hearing Notice Publication: Weeks of October 4 and 11, 2004, and November 27 and December 6,2004 Hearing Dates: October 21 and December 16,2004 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: 4. The applicant is Anne Rolland, 1045 17e Street,Hammond,W154015,with Eric Rolland and James Filkins acting as her agents. 5. The site is located off of Highway 35 at Government Lot 2, Section 35, T30N-R20W, Town of St. Joseph, St. Croix County,Wisconsin. 6. The applicants filed an application with the Planning and Zoning Department for variance to construct a home within the setback of Highway 35,a Class B Highway,and an application for a variance to do grading and filling within slopes greater than 12 percent in the St.Croix Riverway District in order to install a septic system drainfield. 7. The Board of Adjustment finds that the requirements have been met to grant a variance for the variances pursuant to Sections 17.64(1)(b)2, 17.36(5)(I)l.b and 17.70(5)(c)3 of the St. Croix County Zoning Ordinance. 8. The applicants have worked with the St.Croix County Land and Water Conservation Department, Planning and Zoning Department,and Wisconsin Department of Natural Resources to address their concerns and have agreed to conditions suggested by these departments and agencies. 9. The Wisconsin Department of Transportation does not object to granting the variance and has confirmed that the Rolland property will not be impacted by any future improvements or realignments to Highway 35. 10. The applicants have submitted and agreed to abide by a geotechnical engineering report with recommendations and construction considerations for the proposed construction. 11. The Board finds that the strict application of the Ordinance would create an unnecessary hardship due to the absence of any buildable area on the lot. 12. The Town of St.Joseph has recommended approval of the highway setback variance request.The Town of St.Joseph Planning Commission has recommended approval of the variance for the drainfield 2 r to the Town Board,which will meet in January 2005. 13. There was no public opposition to the requests. 14. The Board finds that,with conditions,the request is not contrary to the public interest. 15. The Board finds that,with conditions,the spirit and intent of the ordinance would be met by granting the request for the variances,and substantial justice would be done. 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 to encroach within the Highway 35 and to install a septic system drainfield on slopes greater than 12 percent in the St.Croix Riverway district,with the following conditions: 1. The applicant must obtain a permit for the proposed sanitary system approved by the State of Wisconsin and the St. Croix County Planning and Zoning Department. 2. The variance for the drainfield is contingent upon receiving no objections from the Town of St. Joseph at its Town Board meeting in January 2005. 3. These variances are for the home and drainfield as shown in the plans submitted to the Planning and Zoning Department on December 2,2004 and do not include additional decks,patios, porches,walkways,or any other accessory structures or impervious coverage not shown on the plans.The applicants shall be required to apply for and obtain a variance prior to construction of any additional structures. 4. The applicant must secure a township building permit before commencing home construction and a permit for driveway access off of State Highway 35 from the proper agency. 5. The proposed home must be earth-tone in color to blend in with the vegetation and geologic features present on the site. 6. Prior to commencing construction,the applicant must submit to the Planning and Zoning Department the following information requested by the Land and Water Conservation District in its e-mail dated December 9,2004: • Route of stormwater overflow(prove it will not flow over POWTS). • Plan showing an a „al raw^f�;ir fPnninv around all disturbed areas. 7. Prior to commencing construction,the applicant shall submit and have approved by the Planning and Zoning Department and Land and Water Conservation Department a revised landscaping plan that includes a mix of native trees, shrubs,and grasses endemic to the south-facing slopes in the area.Native trees should include fast-growing poplar hybrids and slower growing red oaks. They must be planted in a manner that fully screens the home as viewed from all directions during summer leaf-on conditions,and to secure the slopes from erosion.Planting must be done within 60 days of completing construction of the home and drainfield. 3 I 8. The applicant must record the stormwater and erosion management plans against the deed for the property.The applicant is responsible to provide an as-built drawing showing all permanent structures and drainage easements along with a recorded copy of the deed to the Planning and Zoning Department within 60 days of completing construction. The intent is to make the current and future owners aware of the responsibilities associated with the plans as well as the limitations incurred as a result of the plans. 8. The applicant shall follow the recommendations and construction considerations in the geotechnical engineering report prepared by GME Consultants,Inc. and submitted to the County on December 4, 2004. The applicant shall ensure that all contractors working on this project have read the report and have signed a written statement verifying this. Signed statements from all contractors must be submitted to the Planning and Zoning Department prior to beginning construction.This is intended to protect the applicant's house and drainfield from slope failure and future erosion problems. 9. The applicant shall install a monitoring port to ensure that the drywell is maintained and functioning properly. 10. The applicant shall submit to the Planning and Zoning Department photographs of the home and landscaping as viewed from the river within 60 days upon completion of the construction. 11. Any minor addition or change in to the plans presented for variance shall require review and approval by the Planning and Zoning Department prior to making the addition or change. Any major addition or change to the originally approved variance will have to go through the variance process. 12. 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: Nelson,yes;Jensen,yes;Krueger,yes,Chairperson Speer, yes. Motion carried unanimously. You shall have one(1)year from the issuance of the variance to commence construction of the home and installation of the drainfield.You may request an extension from the Board of Adjustment if you cannot meet this timeline.Failure to commence construction or obtain an extension within one year may result in revocation of the variance,after which time you would need to apply for a new variance. APPEAL RIGHTS Any person aggrieved by this decision may file an appeal in St.Croix County circuit court within 30 days after the filing date shown below,pursuant to sec.59.694(10),Wisconsin Statutes. St.Croix County assumes no responsibility for action taken in reliance on this decision prior to the expiration of the appeal period. St.Croix County does not certify that the identity of all 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 4 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 ADJUSTMENT Signed: AIS JulieSpe6r,Chairp6rson Date Filed: 12/22/04 Attest: Zz�` �O S David Fodroczi,Planning and Zon' g Director 5 78031327 U 2D1ume t Number mbe 1 V O Document Title REGISTER OF DEEDS ST. CROIX CO., MI St. Croix County RECEIVED FOR RECORD Erosion& Sediment Control Plan 02/07/2005 11:15AN )JISCELLANEOUS [State Sanifairy Permit Number-463298 EXEMPT # bT ��—A W' Q(,1 VU A) TRANSEFEE: 21.00 Name—Soil Erosion Inspector#665054 COPY FEE: being duly sworn,states, under oath,that: CC FEE-. PAGES: 6 This is the accepted Erosion&Sediment Control Plan for the following parcel of land located in St.Croix County,Wisconsin,recorded in Volume 417 Page 11 Document Number 291242,St.Croix County Register of Deeds Office,on January 30th, 1968: Recording Area A parcel of land located in all that part of Government Lot No.2,Section 35, Name and Return Address TLO,N—R 20 W,Town of St.Joseph,St.Croix County,Wisconsin,being duly Ann N.Rolland(property owner) described as follows: Commence at the intersection of the West line of G.L.No.2 4th Street � Hammo Hammond,WI 54015 Section 35,T30N-R20W,St.Croix County,Wisconsin and the Southerly right-of- way line of Wisconsin Highway No.35;thence Southeasterly along said Southerly 030-2065-70-0000 right-of-way line for 170 feet to the POINT OF BEGINNING of this description; thence continuing Southeasterly along said Southerly right-of-way line 2143 feet; Parcel Identification Number(PIN) thence South and parallel to said West line of G.L.No 2 to the St.Croix River's shore line;thence Westerly along said St.Croix River shore line for 214.3 feet; thence North and parallel to said West line of G.L.No.2 to the point of beginning. Agreement Date: February 7.2005 Under St.Croix County Zoning Code 17.70(3)(b)5: "The(Zoning)Administrator may attach reasonable erosion prevention conditions to a permit approved for Issuance." Comm.21.125 also requires that the building permit applicant and/or landowner follow erosion and sediment control procedures and maintain them until the site has been stabilized. The owner is responsible for notifying all contractors performing construction on this site that an Erosion&Sediment Control(ESC)Plan is in effect and the following activities will be required In order to maintain compliance with the plan: 1. The primary source for contaminated runoff on this site is excavation for the house,driveway and septic system,but providing cover on exposed soils will prevent erosion. Apply seed and mulch as recommended in #4. Maintain existing vegetation between areas of disturbance and the river to minimize sediment movement. Surface drainage is southerly toward the St.Croix River,down>20%slopes, and >100 feet from the river OHWM. Contaminated runoff must be contained within the proposed construction area and not allowed to enter the river. The Zoning Board of Adjustment included in its decision to approve your variance a requirement to record the stormwater and erosion management plan against the deed for the property. This must be done prior to beginning excavation for construction on the site. 2. Silt fence or other approved sediment control products are required to assure that sediment contamination of the St.Croix River will not occur. The proposed she plan Indicated silt fence is to be installed below the construction areas until vegetation has been established. Silt fence (or other approved sediment control products) must be installed prior to any excavation for house or septic system construction. The POWTS inspector must be notified when installation commences so the site can be inspected prior to excavation activities. If necessary,recommendations will be made to owner for additional action required to comply with applicable regulations and/or conditions in the sanitary permit. Temporary cover Is recommended If site grading exposes soils for extended periods of time prior to final stabilization. 3. Construction equipment and vehicles must utilize a stabilized driveway access off public road for heavy equipment;this includes cement trucks,well drillers,and other contractor's vehicles that access the property during construction. This helps avoid muddy,rutted conditions that may allow contaminated runoff to reach waterways and/or drainage ditches. Property owner must repair damage to ditches resulting from multiple access points and sediment tracked on public roadways must be removed at the end of each workday. 4. Stabilize new topsoil Cover over septic system with seed and erosion control blanket immediately after installation—do not wait for final stabilization and/or landscaping of entire site to cover exposed soils on the system. if weather conditions will not permit seed germination, a heavy straw mulch cover will prevent erosion until grass/vegetation can get established. Erosion control matting can be applied any time of year and if installed properly,will provide protection even if seed germination is delayed. 5. This agreement shall be binding upon the owner, the heirs of the owner, and assignees of the owner. The owner shall submit this agreement to the register of deeds, and the agreement shall be recorded by the register of deeds in a manner that will permit the existence of the agreement to be determined by reference to the property where the septic system is installed. Owner(s)Name(s)-Please Print Subscribed and swom to before me on this date: At,i3O �J , �Pott_A-AJ J—tk, Notary Public wiffiwrw....Y Governmental Unit Official Name,Title-Please Print My Commission Expires ee A � uN S A-r>7 �J Q V,9AJ1AJ6-5�#kesr G mmental 0 t Official Signature Drafted by: -PArh E-1-4 w OU/N i, J o Personal informat n you provide may be used for secondary purposes(Privacy Law s. 15.04(1)(m)J 1 '. Q 'u•}r t "THIS PAGE IS PART OF THIS LEGAL DOCUMENT—DO NOT REMOVE" This information must be completed by submitter document title.name 6 return address.and PIN(if required). Other information such as the granting clauses,leagal description,etc.may be placed on this first page of the document or may be placed on additional pages of the document.LJgte: Use of this cover page adds one page to your document and$2.00 to the recording fee. Wisconsin Statutes,59.517.