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HomeMy WebLinkAbout030-2067-95-000 (2) r � ST. tOIX COUNTY WISCONSIN --- ZONING OFFICE NOUNe ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 August 22, 1995 File Ref: 12-95 Mr. and Mrs. John I. Bjelland 756 Goodrich St. Paul, Minnesota 55105 RE: Board of Adjustment Decision Dear Mr. and Mrs. Bjelland: The St. Croix County Board of Adjustment has reviewed your application for a permit for a mechanical lift and has approved your application with conditions. The enclosed document is the formal decision regarding your application. If you have any questions, please do not hesitate in contacting me. Sincerely, Thomas C. Nelson zoning Administrator mz Enclosure cc: Camille Grant, St. Joseph Town Clerk 1394 Fox Ridge Trail Houlton, Wisconsin 54082 Dan Koich, WDNR 2004 Highland Avenue Eau Claire, Wisconsin 54701-4346 E P 3 e FLff FINDINGS, CONCLUSIONS, DECISION AND ORDER OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 12-95 Complete Application Received: 3/3/95 Hearing Date: 6/23/95 and 7/27/95 Dates of Publication: Weeks of 6/5/96 and 6/12/95 FINDINGS OF FACT Having heard all the testimony, considered the entire record herein, and conducted an on-site inspection, the Board finds the following facts: 1. The applicant is John I. Bjelland, whose address is 756 Goodrich, St. Paul, Minnesota 55105. 2 . The applicant on March 3, 1995 filed with the Zoning Office an application for a special exception use for a mechanical lift. 3 . The applicant is the owner of the property which is the subject of the application which is located in Part of Government Lots 3 and 4, Section 35, T30N-R20W, Town of St. Joseph, St. Croix County, Wisconsin. 4. The subject property is presently used for residential purposes. 5. The property is zoned Ag.-Residential under the current Zoning Code of the St. Croix County Zoning Ordinance. 6. The Town of St. Joseph supports the application. 7 . Tom Nelson, Zoning Administrator, indicated that this is a request for a mechanical lift in the riverway district. This is not a permitted use but rather a special exception use. Introduced as Exhibit #1 was a package of paperwork identifying the scope of the work; Exhibit #2, plat map identifying all the particular lots in that area; Exhibit #3 , statement of real property taxes for 1994 ; Exhibit #4, brochure describing the Cliff Climber; Exhibit #5, survey certifying the bluff line; Exhibit #6, letter from W.T. McCalla certifying the footings; Exhibit #7, larger survey showing a site plan certifying the bluff line; Exhibit #8, correspondence from the Town of St. Joseph recommending approval of the lift site. 8. Nelson stated that the property does not have a residence on it at this time. There was an illegal gazebo on the property at one time but he was told that this was removed. 9 . Keith Hagen, being duly sworn, stated that he is a representative on behalf of the Bjellands. They manufacturer � s and install Cliff Climbers. They are interested in a lift to access the river shoreline. They will try to avoid taking out very many trees with the climber being placed in the most inconspicuous route. They are not interested in a staircase after this. Safety is a major concern in transporting. The Cliff Climber will be chocolate brown in color. 10. Upon the Board visiting the Bjelland site, the illegal gazebo was still on the property. At the Board of Adjustment hearing on July 27, 1995, Tom Nelson indicated that the Bjellands had contacted him by phone and advised him that the gazebo had been removed. Nelson stated he is making a conditional approval on viewing the site. CONCLUSIONS OF LAW The Board concludes that: 1. The Board of Adjustment has authority under Section 17 .70(5) (c) 4 to approve special exception uses. 2 . Special exception uses may be terminated as per 17 .70 (7) (d) of the St. Croix County Zoning Ordinance if the plan or the conditions of the decision are not followed. 3 . Section 17. 36 (6) (a) 4 allows a special exception for a mechanical lift in the riverway district. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approves the applicant's request for a special exception use for a mechanical lift on the following vote: Chairman Bradley Yes T. Filipiak Yes A. Jensen Yes J. Neumann Yes C. Mehls Yes with the following conditions: 1. This decision expires on July 27, 1996. No construction may begin or continue after this date unless an extension is granted in writing by the Board of Adjustment prior to the expiration date. 2 . The applicant must complete this project according to the plans submitted. Minor changes in the project must be submitted to and approved in writing by the Zoning Office before the project starts or continues. Major changes must be brought back to the Board of Adjustment for review and approval. 3 . The applicant is responsible for obtaining any permit or approval required for the project by municipal, town or county zoning ordinances or by the U.S. Army Corps of Engineers before starting the project. 4. The applicant must provide confirmation that they have completed the permit process with all other regulatory agencies. 5. The applicant must allow free and unlimited access to the project site at any reasonable time to any Zoning Office employee who is overseeing the project's construction, operation, or maintenance. 6. The applicant shall perform the removal under the direction of the Zoning Office if it becomes necessary to protect the navigable waters involved. 7. The Board of Adjustment may change or revoke this decision if the project becomes detrimental to the public interest. 8. This decision has been issued with the understanding that any construction equipment used is the right size to do the job and can be brought to and removed from the project site without unreasonable harm to vegetative cover or wildlife habitat. The removal of vegetative cover and exposure of bare ground shall be restricted to the minimum amount necessary for construction. Areas where soil is exposed must be protected from erosion by seeding and mulching, sodding, diversion of surface runoff, installation of straw bales or silt screens, construction of settling basins, or similar methods as soon as possible after removal of the original ground cover. 9. No portion of the bank or upland which is altered, disturbed, and/or unstable may remain unprotected for more than ten (10) hours. 10. If filter fabric silt fences are utilized as the upland erosion control method used to prevent sediment from washing into the river, there should be a double-row of fences parallel to each other about ten (10) feet apart. Someone shall be designated to monitor the effectiveness of these silt fences and maintain them before the work crew leaves the work site at the end of each work day. Tom Nelson shall be notified of that designee. 11. The applicant must keep a copy of this decision at the project site at all times until the project has been completed. 12 . Tom Nelson, Zoning Administrator, shall be notified prior to beginning the project. Call him at 715/386-4680 so that compliance inspections can be made. 13 . The color of the Cliff Climber shall be earth tone in color. r 14 . Accepting this decision and beginning the project means that the applicant has read, understands, and agrees to follow all conditions of this decision. APPEAL RIGHTS This decision may be appealed by any person aggrieved by filing an action in certiorari in the circuit court of this County within 30 days after the date of filing shown below. The County assumes no liability for and makes no warranty as to the legality of any construction commenced prior to the expiration of this 30-day period or the identity of any person who may claim to be aggrieved by this decision. ZONING BOARD OF ADJUSTMENT Signed C airperson Dated: 8/22/95 Filed: 8/22/95 I C c a) o° p e°a > 0. {' 0 o a,N �p @ C W c01 M,- (ate c a)L �O .y". m -0 ao @ N O C vG N X Ot p N o� � °c'� > Oo.XEzc y N� o o'o a N a o >> P co-" cfl �t •- F. o E >.� o a; W V m N >. @ NO O NN I •� c 0 co u! c L j C Z N m N f0 c L LL C aV� N a.� O .p y a7 @ .' N ?> � y 0 C N E c •> N N Q O D V Zyj o 1 I' N J = O Z � � ° o' a m co I o z ;* c a�i Z v c � I a) a o N _c 0 • - ° U L tX9 f6 N �• Q *a- .- N NCD c, zvo u I u LO Oo CL 0 D • �' aaa a o can g) 'n co n 0 0 'a E N r a) d 12 LCl N c C o m vii n p oC 3 xs H e o E r \ o t a c c c E a� rZ (o o o c sn D '00 � �'V O M M @ co _� r L O y„ O M fn m N O N � UJ r a; E m a ! at a ° `'1 A 0 a t ! 0 LO) W.T.(Mac) McCalla, PE. 6600 751/2 Avenue North,Brooklyn Park,MN 55428 (612)560-7446 January 10, 1995 Mr. Tom Nelson Zoning Administrator St. Croix County 1101 Carmichael Road Hudson, WI 54016-7710 re: Cliff Climber Installation L �f John & Barbara Bjelland Property - Fire No. :r t Riverview AcrFes � Houlton, Wisconsin WTM Job No. 425-2. Dear Mr. Nelson: At the request of Mr. William MacLachlan, Access Mobility, I have reviewed the installation procedures for this Cliff Climber installation. The bottom of the footing should be founded (pinned) on solid rock or 42 inches below finished grade (frost depth) . The footing should be 8 inch diameter by 12 inches deep, both minimums. The concrete may be extended to grade or above, if desired. The 2 inch square columns should be embedded at least 6 inches in the concrete and should be protected from corrosion if in contact with soil. The footing should be reinforced with a cylinder formed from 6x6-10/10 welded wire mesh. The concrete should be 3, 500 psi minimum at 28 days. The footing load is 620 pounds each which translates to a required bearing of 1 , 770.psf, that all but the very worst soils will readily supply. This installation will probably equal twice that allowable, at that depth. I have checked the track, columns, and wire rope for structural adequacy and find them satisfactory. I recommend using cross bracing transversely near each end and 1 set longitudinally near the middle of the installation. The installation is to terminate above flood level. In my opinion, this will be a satisfactory installation, structurally. Please feel free to call me should you have any questions. 1 hereby certify that this plan, st-cif;carion, or report was prepared by me — , -1-r my direct Very truly yours, supervision and that 1 am ! 4�costered . Professional , nt,.tneer under iaws of the State o` .Muaiesota. d r W. T. McCalla, P. Eng. Date /� - Reg. No. 10540 copy: Mr. William MacLachlan, Access Mobility Systems, Inc. Structural Consultant Bridges •Structural Concrete •Expert Testimony