HomeMy WebLinkAbout030-2065-80-000 (2) CO ST eROIX f
September 25, 2009 File Ref: SE0208
Mike McGuire
1246 Hwy 35 N
Houlton,WI 54082
Re: St. Croix County Special Exception Request
Parcel#: 35.30.20.606F,Town of St.Joseph
Code Administrau
715-386-4680 Dear Mr. McGuire:
Land Information&
Planning The St. Croix County Board of Adjustment(Board)has reviewed your request for the following item:
- `
715-386-4674
:W Special exception permit for filling and grading within 40 feet of a slope preservation zone
y in the Lower St. Croix Riverway District pursuant to Section 17.36 F.3.a.5)and subject to
715 -46677 77
Real P the performance standards in Section 17.36 H.5 of the St. Croix County Zoning Ordinance.
R cling After the hearing on September 24, 2009, the Board approved the special request with conditions. The
5-386-4675 enclosed document is the formal decision regarding your special exception request.
You must obtain any other required local, state, and federal permits and approvals. Should you have any
questions or concerns,please contact me at 715-386-4680.
h Si ely,
Pamela Quinn
Zoning Specialist/Zoning Administrator
Enclosure: Formal Decision
cc: Clerk,Town of St.Joseph
Steve Olson,Land and Water Conservation Department
Carrie Stoltz,WI Department of Natural Resources
ST.CROIX COUNTY GO vERNMENT CENTER
1 101 CARM/CHAEL ROAD,HUDSON, W/ 5401'6 7153864686 FAx
PZ@CO.SAINT-CROIX.W.US WWW.CO.SAINT-CROIX.WI.US
9. All equipment and materials would be brought into the site via the existing driveway from Highway 35. For
reasons in Finding#8 above,this request would not be contrary to the public health, safety, or general welfare
or be substantially adverse to property values in the neighborhood,nor would it constitute a nuisance by
reason of noise, dust, smoke, odor, or other similar factors.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law,and the record herein,the Board has approved the
special exception with the following conditions:
1. This special exception allows the applicant to install a replacement POWTS within 40 feet of the slope
reservation zone.one. All work shall be done in accordance with the conditions below. The total disturbed area
for the projects shall not exceed 1,200 square feet. Approval of the special exception permit does not include
any additional structures, vegetation removal, filling and grading, or other activities within the slope
preservation zone. p
2. Prior to commencing construction of the POWTS,the applicants shall secure any other required local state,
or federal permits and approvals, including but not limited to sanitary permits.
3. Prior to commencing any excavation activities,the approved erosion control measures shall be installed and
maintained until the disturbed areas have been stabilized with permanent native vegetation.Due to potential
damage to the POWTS from root intrusion,vegetative cover over the dispersal cells must be varieties that are
known to have shallow root systems. 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 until permanent
appropriate vegetative cover is successfully established. Phosphorous fertilizers shall not be used to establish
and maintain vegetation on the disturbed bed area of the site,unless a soil test confirms that phosphorous is
needed.
4. Any minor change or addition to the project, including but not limited to design of the project, shall require uire
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.
5. The applicant shall have one(1)year from the issuance of these approvals to commence installation of the
replacement POWTS and two(2)years to complete it. Failure to do so may result in expiration or revocation
of this decision after which time the applicant will be required to secure a new variance before starting or
completing the project.
6. These conditions may amended or additional conditions
Y may be added if unanticipated circumstances
apse
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 proper notice to the applicant and an opportunity for a
hearing.
7. 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: Chairman Malick, yes; Hurtgen, yes; Peterson, yes. Motion carried.
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.The Planning and Zoning Department can be contacted for
FINDINGS, CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST.CROIX COUNTY,WISCONSIN
File Number: SE0208
Applicants: Michael G. McGuire et al,property owners
Agent: Jim Thompson,ACE Soil and Site Evaluation
Parcel Number: 35.30.20.606F
Complete Application Received: August 3, 2009
Hearing Notice Publication: September 7 and 14,2009
Hearing Date: September 24,2009
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony and considered the entire record herein, the Board makes the following Findings of
Fact and Conclusions of Law pertinent to the special exception request:
P q
1. The applicant is Michael G.McGuire et al,property owners.
2. The site is located at 1246 Hwy 35N on Gov't. Lot 2, Section 35, T30N,R20W,Town of St. Joseph, St.
Croix County,
WI.
3. The Town of St. Joseph recommended approval of the Special Exception Application for filling and grading
within 40 ft. of the slope preservation zone.
4. The St. Croix County Land and Water Conservation Department supports the replacement of the existing
POWTS system as described in the application. If all erosion control measures
. pp ores are installed and maintained
until vegetation is reestablished shed the project should have minimal im p act on the local resource.
5. The Wisconsin Department of Natural Resources had no concerns except to make sure proper erosion control
methods are used and installed correctly and excess spoils are removed from the site.
6. The applicant filed with the Board of Adjustment an application for a special exception permit for filling and
grading within 40 feet of a slope preservation zone in the Lower St. Croix Riverway District in order to install
a replacement POWTS for an existing legal,nonconforming residence pursuant to Section 17.36 F.3.a.5 and
subject to the performance standards in Section 17.36 H.5 and 17.36.H.9 of the St. Croix County Zoning
Ordinance.The applicant proposes to disturb an area of approximately 1,200 square feet to excavate for a
combination septic/dose tank, a forcemain pipe, and two 3' x 70' wastewater dispersal cells. Only the septic
and dose tanks and an excavated trench for the forcemain will be within 40 feet of the bluffline or slope
preservation zone. The combination septic/dose tank was placed as far from the bluffline as was feasible to
still meet the minimum requirements of Dept. of Commerce plumbing code.
7. No changes to the existing principal or accessory structures are necessary to install the replacement POWTS.
The project will not entail the disturbance of any wetlands,nor will it add impervious coverage or change the
drainage of the site. With conditions for protecting existing trees, replacing any vegetation that is removed or
that die as a result of the replacement system with native vegetation, and properly implementing the erosion
and sediment control plan,this request will meet the standards in Section 17.36 H.5 of the St. Croix County
Zoning Ordinance.
8. This request would not violate the spirit and intent of the Lower St. Croix Riverway District. Replacing an
aging POWTS will reduce the risk of contamination of surface water and groundwater from septic system
failure. With the conditions listed in Finding#7 above,this request would not contribute to soil erosion and
would not negatively impact the exceptional scenic, cultural and natural characteristics of the Lower St. Croix
River.
L
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.
ZONING BOARD OF ADJUSTMENT
Signed: ' A,�
Date Filed: 9/25/2009 Clarence W. "Buck"Malick, Chairperson
from the site.
James Thompson, agent for the applicant, signed an oath and spoke in favor of the
request. He testified he had no disagreements with the staff report and was available for
any questions.
No one testified in opposition.
Application#4: Redeemer Lutheran Church—Special Exception
The applicants requested a special exception permit for an institutional use to construct a
new church in the Ag-Residential District in the Town of St. Joseph.
Staff presented the application and staff report. The Town of St. Joseph recommended
approval of the special exception request for the new church facility with conditions that
any planting along County Road A and Scott Road be outside of the right-of-way,
obtaining a permit for new signage, lighting will be directed downward, and all runoff
must be retained on the site. St. Croix County Land and Water Conservation Department
found the storm water and erosion control plans to be adequate for the site. The
Department recommended the applicants record a storm water operation and maintenance
plan affidavit on the deed of the property. Staff recommended approval with 12 findings
of fact and conclusions of law with 15 conditions for consideration.
No on testified in favor or in opposition of the request.
The Board recessed for a break at 9:14 a.m.
The Board reconvened at 9:26 a.m.
Decisions
After hearing the testimony and reviewing the material in the record, the Board rendered
the following decisions:
Application#4: Redeemer Lutheran Church—Special Exception
Motion by Hurtgen, second by Peterson to approve the special exception for an
institutional use to construct a new church in the Ag Residential District in the Town of
St. Joseph based on the following finding of fact and conclusion of law:
1. The applicant is Redeemer Lutheran Church, property owner, with Wesley Edgar
acting as their agent.
2. The site is located on Lot 1 of CSM Vol. 20 Page 5107 in NE '/ of the NE '/ of
Section 10, T29N, R19W, Town of St. Joseph, St. Croix County, Wisconsin.
3. The applicants filed an application with the Board of Adjustment for a special
exception permit to construct a 7,400 square foot building to provide a new
church for the Redeemer Lutheran congregation, which is allowed as an
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i
1 DC)AIGINAL
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
September 24, 2009
The meeting was called to order by Chairperson Clarence "Buck" Malick at 8:30 a.m. A
roll call was made. David Peterson and Joe Hurtgen were present. Sue Nelson and Jerry
McAllister were absent and excused. Staff included: David Fodroczi, Planning&Zoning
Director; Kevin Grabau, Code Administrator; Alex Blackburn, Zoning Specialist; Pam
Quinn, Zoning Specialist and Becky Eggen, Recorder.
Staff confirmed to the Board that this was a properly noticed meeting.
The next meeting for the Board is scheduled for Thursday, October 22, 2009 at 8:30 a.m.
in the County Board Room of the Government Center in Hudson.
Application #1: Dennis & Mariorie VanRoekel--Variance
The applicants requested a variance to allow a livestock structure housing animal units
(the barn) to be in the 200 foot setback from the property line in the Ag-Residential
District in the Town of Hammond.
Staff presented the application and staff report. The Town of Hammond recommended
approval of the request. St. Croix Land and Water Conservation Department stated that a
nutrient management plan will be needed for this dairy farm operation. The applicant has
submitted the proposed CSM for approval under Land Division Ordinance and one of the
conditions of approval will be the submission of a nutrient management plan. Staff
recommended if the Board could make eight findings of fact and conclusions of law in
the staff report and finds that a hardship does exist the variance would be granted.
Dennis VanRoekel signed an oath and spoke in favor of the request. He stated diary
operations are hurting and he is just trying to keep his operation going and would like to
refinance without having to touch retirement accounts to keep their dairy operation
operational.
No one testified in opposition.
Application#3: Michael G. McGuire—Special Exception
The applicants requested a special exception permit for filling and grading within 40 feet
of a slope preservation zone in the Lower St. Croix Riverway District in the Town of St.
Joseph.
Staff presented the application and staff report. The Town of St. Joseph recommended
approval of the application. St. Croix County Land and Water Conservation Department
reviewed the application and supported the replacement of the existing POWTS system.
If all erosion control measures are installed and maintained until vegetation is re-
established the project should have minimal impact on the local resource. Wisconsin
Department of Natural Resources and had no concerns except to make sure proper
erosion control methods are used and installed correctly and excess spoils are removed
and parking lot,the applicant will meet the minimum parking standards pursuant to
Section 17.57(7)of the St. Croix County Zoning Ordinance.
10. The applicant filed an addendum for a land use permit with the Board of
Adjustment for filling and grading an area exceeding 10,000 square feet on slopes
III o 0
>12/o - 24. /o
9 pursuant to Section 17.12(7) of the St. Croix County Zoning
Ordinance. However, subsequent review by staff of grading plans that document
original contours on the lot show that slopes average approximately 10% and land
disturbance will be less than one (1) acre. Therefore, no land use permit is
required for filling and grading done in 2008 and the addendum may be
withdrawn.
11. With conditions for implementing and maintaining proper erosion control
measures before, during, and after construction; re-vegetating the disturbed areas
with native plants and/or species the same as the plants removed, and excavating
the storm water infiltration pond as designed, this request will not violate the
spirit or general intent of the St. Croix County Zoning Ordinance and will meet
the requirements of Section 17.70(7)(a).
12. With conditions for the proper construction and long-term operation and
maintenance of the storm water management structure; for completing the
driveway and parking with a dust-free surface, and the replanting and long-term
care and maintenance of native vegetation, the request will not be contrary to the
public health, safety, or general welfare, nor will it be substantially adverse to
property values in the neighborhood, or constitute a nuisance.
With the following conditions:
1. This special exception permit allows the applicant to construct a 7,400 square foot
building, parking lot, stormwater control structures, and a new POWTS.
2. Prior to commencing construction, the applicants shall obtain any other required
local, state, or federal permits and approvals, including but not limited to a permit
for a code-compliant sign and a sanitary permit for the POWTS.
3. Prior to commencing construction, the applicant shall submit to and have
approved by the Zoning Administrator a landscaping plan to create a vegetative
buffer at least 10 feet in width along the west property line that includes native
evergreen trees and shrubs at least six feet in height at the time of planting to
screen the parking lot from adjacent properties and retain the rural character and
natural beauty of the area. The buffer shall attain at least 80% opacity at maturity.
The plan should include the species, size, and location of all trees, shrubs, and
groundcover to be planted on the site, as well as a timeline for the plantings and a
maintenance agreement to ensure that all vegetation establishes successfully and
is maintained. Upon complaint by neighboring property owners and review by the
Zoning Administrator, the applicant may be required to provide additional
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institutional use in the Ag Residential District pursuant to Section 17.15(6)(s) of
the St. Croix County Zoning Ordinance.
4. The Town of St. Joseph Town Board reviewed plans at their July 2, 2009 meeting
and recommended approval of the special exception request for the new church
facility with conditions that any planting along Cty. Rd. A and Scott Rd. be
outside the right-of-way, obtaining a permit for any new signage, lighting will be
directed downward, and all runoff must be retained on the site.
5. The St. Croix County Land and Water Conservation Department staff, Steve
Olson, reviewed the plans and finds the stormwater and erosion control plans to
be adequate for the site. The LWCD recommends that the applicant record a
stormwater operation and maintenance plan affidavit on the deed to the property.
6. This request would not violate the spirit or general intent of the St. Croix County
Zoning Ordinance in that a church is an institutional use that is reasonable and
appropriate in the Ag Residential District, which the property is currently zoned. Its
location on the corner of Scott Rd. and Cty. Rd. `A' makes it easily accessible to
area residents. The site has proposed adequate space for parking and traffic
circulation without creating any traffic hazards or public safety concerns.
7. The surrounding properties feature agricultural low-density residential uses,
agricultural cropland, and commercial enterprises. The request will not have an
impact on the value of surrounding properties and is compatible with the use and
character of the surrounding area. With conditions for providing code-compliant on-
site wastewater treatment system, construction of the storm water infiltration pond,
developing and implementing a landscape plan, and providing sufficient off-street
parking, this request would not negatively impact the health, safety, or welfare of the
public, nor would it be substantially adverse to property values for nearby
residences.
8. Downward directed lighting is proposed as part of this application.With conditions
for shielding light sources from adjacent properties, screening parking areas and
landscaping, and ensuring that noise is kept to a minimum for adjacent property
owners,this request would not constitute a nuisance by reason of noise,dust,smoke,
odor or other similar factors.
9. The applicants propose to provide dust-free, off-street parking for 52 vehicles during
regularly scheduled events such as weekly church worship services. Up to five(5)
employees may work on the site during weekday hours of operation. Traffic for
worship services,weddings, funerals or other events will be intermittent and is not
expected to have a detrimental impact on the road system. The newly created gravel
parking area has already been used by neighboring property owners for special
events in late 2008 and 2009. With conditions for construction of off-street parking
spaces designed to accommodate the entire church facility and paving the driveway
3
water management plan and operation and maintenance agreements for all storm
water features and private on-site wastewater treatment systems (POWTS) against
the property and shall provide a recorded copy to the Zoning Administrator.
13. The applicant shall have one (1) year from the date of this approval to commence
construction and two (2) years from the date of this approval to complete it.
Failure to do so shall result in expiration 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 the project. The applicant may request extensions of up to six months
not to exceed a total of one year from the Zoning Administrator prior to the
expiration of the permit in the event that additional time is needed to secure other
required permits and approvals.
14. The applicants shall contact the Zoning Administrator to review this special
exception permit in two years from the approval date for compliance with the
conditions of this approval. These conditions may be amended or additional
conditions may be added if unanticipated circumstances 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.
15. Any change in ownership of the property, change in use,or change in project
details—including but not limited to expansion, landscaping, or lot/access changes
—shall require prior review and approval by the Zoning Administrator and in some
circumstances through the special exception approval process as stated in the
Ordinance. Any minor change or addition to the project, including but not limited to
design of the project, future additional parking, access changes, or POWTS location
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.
16. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
Motion carried unanimously.
Application#1: Dennis & Marjorie VanRoekel--Variance
Motion by Peterson, second by Hurtgen to approve the variance to allow a livestock
structure to be in the 200 foot setback to the property line in the Ag Residential District in
the Town of Hammond based on the following findings of fact and conclusions of law:
1. The applicants are Dennis and Marjorie VanRoekel,property owners.
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landscaped buffers along the north and south property lines.
4. Prior to commencing construction of the building, stormwater infiltration pond
and/or the POWTS, the applicants shall schedule an on-site pre-construction
meeting that includes the property owners, general contractor, excavator, St.
Croix County Planning &Zoning, and Land and Water Conservation Department
staff members. Items to be discussed include,but are not limited to, coordinating
installation of erosion control, construction timelines, compliance with all other
pre-construction conditions, and roles and responsibilities of all parties.
5. The property shall be maintained in a neat and orderly manner.
6. No signs are approved as part of this permit. The existing sign is free-standing
and does not comply with requirements for a permanent on-premise sign pursuant
to Section 17.65D.2.c. The existing sign must be replaced with a code-compliant
monument design after permit application review and approval by the Zoning
Administrator in accordance with Subchapter VI, Section 17.65 of the St. Croix
County Zoning Ordinance.
7. All lights on the site must be downward directed and shielded away from
neighboring properties to prevent glare. Only lights on the building or building
overhangs at a level not to exceed the height of the lowest eaves may be left on
overnight for security purposes. Lights in the parking lot shall only be on during the
hours of approved events.
8. The applicants will provide paved, off-street parking for 52 vehicles.
9. General hours of operation for any church-related activities or other events shall
not extend beyond 7:00 AM and Midnight.
10. Upon complaints of regularly occurring, excessively loud noise at any time, the
applicants shall work with the Zoning Administrator to abate the noise problem.
In the event that the matter cannot be resolved administratively, the applicants
shall take the matter before the Board of Adjustment at a public hearing.
11. Prior to commencing construction,the applicant shall submit a surety in the form of
a cash compliance deposit in an amount of$1,100.00 to be held by the Zoning
Administrator until the project has been completed and approved to be in
compliance with the conditions of this permit and all applicable provisions of the
Ordinance, at which time the deposit will be refunded in full.
12. Within 30 days of completing construction, the applicants shall supply an as-built
drawing signed by project engineer that all improvements and stormwater
components were installed as designed and shall submit photos of the site and
certification from the project engineer or registered landscape architect that the
project has been completed as approved. The applicants shall record the storm
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Application #3: Michael G. McGuire— Special Exception
Motion by Hurtgen, second by Peterson to approve the special exception permit for
filling and grading within 40 feet of the slope preservation zone in the Lower St. Croix
Riverway District based on the following findings of fact and conclusions of law:
1. The applicant is Michael G. McGuire et al, property owners.
2. The site is located at 1246 Hwy 35N on Gov't. Lot 2, Section 35, T30N, R20W,
Town of St. Joseph, St. Croix County, WI.
3. The Town of St. Joseph recommended approval of the Special Exception
Application for filling and grading within 40 ft. of the slope preservation zone.
4. The St. Croix County Land and Water Conservation Department supports the
replacement of the existing POWTS system as described in the application. If all
erosion control measures are installed and maintained until vegetation is
reestablished the project should have minimal impact on the local resource.
5. The Wisconsin Department of Natural Resources had no concerns except to make
sure proper erosion control methods are used and installed correctly and excess
spoils are removed from the site.
6. The applicant filed with the Board of Adjustment an application for a special
exception permit for filling and grading within 40 feet of a slope preservation
zone in the Lower St. Croix Riverway District in order to install a replacement
POWTS for an existing legal, nonconforming residence pursuant to Section 17.36
F.3.a.5) and subject to the performance standards in Section 17.36 H.5 and
17.36.H.9 of the St. Croix County Zoning Ordinance. The applicant proposes to
disturb an area of approximately 1,200 square feet to excavate for a combination
septic/dose tank, a forcemain pipe, and two 3' x 70' wastewater dispersal cells.
Only the septic and dose tanks and an excavated trench for the forcemain will be
within 40 feet of the bluffline or slope preservation zone. The combination
septic/dose tank was placed as far from the bluffline as was feasible to still meet
the minimum requirements of Dept. of Commerce plumbing code.
7. No changes to the existing principal or accessory structures are necessary to
install the replacement POWTS. The project will not entail the disturbance of any
wetlands, nor will it add impervious coverage or change the drainage of the site.
With conditions for protecting existing trees, replacing any vegetation that is
removed or that die as a result of the replacement system with native vegetation,
and properly implementing the erosion and sediment control plan, this request
will meet the standards in Section 17.36 H.5 of the St. Croix County Zoning
Ordinance.
8. This request would not v'
o violate the spirit and intent of the Lower St. Croix
Riverway District. Replacing an aging POWTS will reduce the risk of
8
2. The site is located at 640 200th Street, in the NE '/ of the SE '/ of Section 35,
T29N, RI 7W, Town of Hammond, St. Croix County, Wisconsin.
3. The Town of Hammond has received the application and the applicant will try to get
on the Town Board agenda for the September 14th meeting.
4. The applicant filed an application with the Board of Adjustment for a variance to
create a lot with a lot line that will encroach on the 200 foot setback to a property
line the Ag Residential District pursuant to Sections 17.12(14) (a) of the St. Croix
County Zoning Ordinance.
5. The proposed lot line will be 40 feet from the structure that houses animal units,
an encroachment of 160 feet within the County's 200-foot required setback.
6. The purpose of the 200 foot setback is to protect residential lots and more
importantly the houses built on them, from the noise and odors associated with the
housing of animal units. In this situation the house already exists approximately
135 feet from the barn that houses dairy cattle. The house was built in the 1970's
and the 200 foot setback was not a requirement at that time, therefore this
situation was not created by the applicant.
7. Granting this variance request would be consistent with Section 17.70(5)(c)3. and
Wisconsin State Statutes §59.694 for the following reasons; This request would
not be contrary to the public interest since the barns and house already exist. The
spirit of the ordinance would be observed and substantial justice would be done
since the location of the property line would only affect the applicants' existing
buildings and no vacant lots. A literal enforcement would result in an
unnecessary hardship since the applicant would be forced to move an existing
building that was compliant when built.
8. Granting this variance would be consistent with Section 17.70 (6) (e) for the
following reasons; the use would not change and is not prohibited in this district.
The hardship is not self created since the buildings are already in their current
locations.
With the following condition:
1. This variance will allow the applicant to create the proposed lot as shown on the
revised CSM and will have a minimum separation of 40 feet from the barn to the
lot line. This approval does not include any additional structures, impervious
coverage, filling and grading, or other activities.
Motion passed 2-1. Chairperson Malick opposed.
7
6. These conditions may be amended or additional conditions may be added if
unanticipated circumstances 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 proper notice to the applicant and an opportunity
for a hearing.
7. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
Motion carried unanimously.
Unfinished Business
• Heartland Montessori School — Motion by Peterson, second by Hurtgen to sign
and send letter from the Board of Adjustment to the Town of Troy if no appeal
has been brought forth. Motion carried unanimously.
• Murr—Appeal briefs due dates are coming up in October.
Minutes
Motion by Peterson, second by Hurtgen to adopt the August 27, 2009 minutes.
Motion passed unanimously.
New Business
Discussion about changes with Board of Adjustment members with the District changes
in 2010.
The meeting was adjourned by the Chair at 10:30 a.m.
Respectfully submitted,
"CL-k
Buck Malick, Board Chair Becky EggeoecUdO4 Secretary
10
contamination of surface water and groundwater from septic system failure. With
the conditions listed in Finding#7 above, this request would not contribute to soil
erosion and would not negatively impact the exceptional scenic, cultural and
natural characteristics of the Lower St. Croix River.
9. All equipment and materials would be brought into the site via the existing
driveway from Highway 35. For reasons in Finding#8 above, this request would
not be contrary to the public health, safety, or general welfare or be substantially
adverse to property values in the neighborhood, nor would it constitute a nuisance
by reason of noise, dust, smoke, odor, or other similar factors.
With the following conditions:
1. This special exception allows the applicant to install a replacement POWTS
within 40 feet of the slope preservation zone. All work shall be done in
accordance with the conditions below. The total disturbed area for the projects
shall not exceed 1,200 square feet. Approval of the special exception permit does
not include any additional structures, vegetation removal, filling and grading, or
other activities within the slope preservation zone.
2. Prior to commencing construction of the POWTS, the applicants shall secure any
other required local, state, or federal permits and approvals, including but not
limited to sanitary permits.
3. Prior to commencing any excavation activities, the approved erosion control
measures shall be installed and maintained until the disturbed areas have been
stabilized with permanent native vegetation. Due to potential damage to the
POWTS from root intrusion, vegetative cover over the dispersal cells must be
varieties that are known to have shallow root systems. 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 until permanent appropriate
vegetative cover is successfully established. Phosphorous fertilizers shall not be
used to establish and maintain vegetation on the disturbed area of the site, unless a
soil test confirms that phosphorous is needed.
4. 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.
5. The applicant shall have one (1) year from the issuance of these approvals to
commence installation of the replacement POWTS and two (2) years to complete
it. Failure to do so may result in expiration or revocation of this decision, after
which time the applicant will be required to secure a new variance before starting
or completing the project.
9
A.C.E. Soil & Site Evaluations
Applicant: Michael G. McGuire Agent: James K. Thompson
1246 Hwy 35 N. 340 Paulson Lake Lane
Hudson, WI Osceola,WI
54016 54020
Permit Request: Special Exception Permit- Filing& Grading within 40' of
the Slope Preservation Zone within the Lower St. Croix Riverway District as
required by §17.36 F.3.a.5
Project Description:
The site is located in Gov't.lot 2, Sec.35,T.30N.,R.20W.,Town of St.Joseph,St.Croix County,WI.,
identified by the St.Croix County Real Property Lister's Office as parcel#030-2065-80-000. The parcel is
bordered by the St. Croix River and slope preservation area(-50%slope)on its south side and by Hwy.35
on its north side. The residence and project area are located approximately 450' landward of the shoreline
of the St. Croix River at an estimated elevation of 200' above water level. The area between the project
location and the river is heavily wooded with ridges and ravines interspersed throughout. The floodway
and floodplain are estimated at greater than 300' from the project area. There are no wetlands on the site.
Slopes within the proposed project area are negligible.
The proposed project area is located between 10' &50' landward of the slope preservation area,with the
dispersal cell lying approximately 50'— 120' from the bluffline. No trees will be removed from within 40'
of the slope preservation zone. Three(3)dead and/or dying Oaks,two(2)Butternut,and two(2)Boxelder
trees will be removed for the dispersal cell area.
The proposed project includes the replacement and abandoned of an existing collapsed septic tank and an
existing drywell that is in danger of the same. The proposed project will include installation of a new
septic tank and a new dispersal cell that will consist of two trenches at 2.83'x 66.00'each,which will
encompass a total disturbed area of 15.00' x 70.00'.The total area of disturbance will not exceed
2,000.00 sq. ft.,with approximately 870.00 sq.ft.being within 40'of the slope preservation zone.
The proposed area of disturbance will be stripped of topsoil immediately prior to construction of the
POWTS. Topsoil will be stockpiled adjacent to the system area at the north end of the installation.
Excavating for the system installation will be completed immediately prior to,and will be closed
immediately after, installation of the system materials. All excavated subsoil and topsoil will be replaced
immediately upon completion of installation. Re-vegetation will consist of placement of grass seed and
straw mulch across all level areas of disturbance upon completion of project. Any sloped areas subject to
erosion will be covered with excelsior blankets and augmented by placement of erosion control fences.
I�
1
Special Exception Criteria
1) Describe the details of your request.
The single family residence located on this property was built and first occupied in 1961. The residence
was serviced by a metal septic tank and concrete block drywell. The septic tank recently collapsed and the
drywell is in imminent danger of the same. St. Croix County Zoning Dep't.personnel authorized the
emergency installation of a replacement septic tank. That tank has been installed and is currently being
used as a temporary holding tank.
This request asks for authorization to complete the installation of the remainder of the new septic system,
which will require the excavation of a 4' x 110' trench that will traverse through the 40' boundary of the
slope preservation area. This trench will allow the installation of a 2"forcemain that will convey the
wastewater from the septic tank to the drainfield,which will be located outside the 40' zone.
2) Describe the impact of your request on the enjoyment and value of surrounding properties. If there is no impact,
explain why.
This project will not have an adverse impact on the ability of surrounding property owners to enjoy their
property,nor will it result in diminished values. The installation of the replacement septic system will not
create a change in the existing use or physical characteristics of the property. All construction will be
subsurface, will remain within the property boundaries,and will not be visible from adjoining properties.
A properly installed and operational septic system will not be detrimental to the value of the surrounding
properties.
3) Describe the compatibility of your request with the uses and character of the surrounding area.
The surrounding area is dominated by rural residential and agricultural uses. The replacement of a failed
septic system is compatible with the requirements of a residential setting.
4) Describe how your request is consistent with the spirit and intent of the zoning district in which your property is
located. (Please refer to the purpose statement of your zoning district in the St. Croix County Zoning Ordinance.)
The installation of the replacement septic system will not create a change in the existing use or in the
physical characteristics of the property, which are consistent with the permitted uses as allowed by the Ag.-
Residential Zoning District. It will allow the continued use of the existing residence located on the
property while protecting the health and safety of the owners and others who may enter the property.
I
5) Describe how your request will impact public health, safety and general welfare. What measures will you take to
minimize any negative impacts?
The public health,safety and general welfare will be protected and enhanced by the replacement of the
failed septic system. The collapsed septic tank and drywell have been abandoned as per Comm. Chapter
83.33,thereby preventing possible bodily harm to the owners or others who may enter the property,
protecting the health of those individuals by eliminating the possibility of exposure to untreated domestic
sewage and preventing possible property damage caused by the backup of sewage into the residence. The
system will be designed and installed so as to comply with all state and local codes relating to Private
Onsite Wastewater Treatment Systems(POWTS).
2
6) How will you ensure that your request will not constitute a nuisance by reason of dust,smoke,odor, or other
similar factor? What measures will you take to prevent a nuisance?
All excavating, backfilling and implementation of erosion control measures and site reclamation through
vegetative restoration will be completed within the same day. Left over excavated material—if any—will
be hauled offsite. There will be very little smoke and noise created during the system installation and these
will be temporary in nature as the entire project is expected to be completed within an 8 hour period. The
placement of topsoil followed by seeding and mulching of all disturbed areas will eliminate dust and
potential erosion.
7) Additional comments
This residence is a legal non-conforming structure having been built and occupied prior to the adoption of
the current Lower St. Croix Riverway Overlay District. The use of the property for residential purposes
complies with the permitted uses of the zoning district within which it is located. Wisconsin State Statues,
Wisconsin Administrative Code and the St. Croix County Sanitary Ordinance require that any structure
intended for human occupancy or habitation must be served by a properly designed, installed and
functioning septic system. The existing septic system serving this residence is no longer operational and
must be replaced not only to protect the health, safety and general welfare of the residents but also to bring
the structure back into compliance with the aforementioned requirements.
ii
I
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