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HomeMy WebLinkAbout040-1168-50-000 (2) ti ST. CROX COUNTY "~ WISCONSIN -- ZONING OFFICE NNNNNMNN� •-' ■ ST. CROIX COUNTY GOVERNMENT CENTER -= 1101 Carmichael Road -� Hudson, WI 54016-7710 (715) 386-4680 • Fax (715) 386-4686 August 5, 2002 File Ref: 41-01 George Lundgren 4229 Dupont Avenue Minneapolis,MN 55409-1714 Re: Board of Adjustment Decision Dear Mr. Lundgren: The St. Croix County Board of Adjustment has reviewed your request for a special exception for rock riprapping for shoreline protection in the St. Croix Riverway District and has approved this application with conditions. The enclosed document is the formal decision regarding your application. Should you have any questions or concerns,please do not hesitate in contacting me. Since ly, Steve Fisher Zoning Director dz Enclosure cc: M. Ann DesLauriers, Clerk,Town of Troy w/enclosures Eunice Post—DNR,w/enclosures Pete Kling, LWCD,w/enclosures Peter Thompson,w/enclosures I FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY,WISCONSIN Case: 41-01 Complete Application Received: September 12, 2001 Hearing Notice Publication: Weeks of June 10 and 17, 2002 Hearing Date: June 27, 2002 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and conducted an on-site inspection,the Board finds the following facts: 1. The applicants are George Lundgren,4229 Dupont Ave. S.,Minneapolis,Minnesota and Peter Thompson, 90 Hidden Village,HCOO Stop#2, Chelan,Washington. 2. The applicants filed with the Zoning Office an application for a special exception request for rock riprapping for shoreline protection on the shores of the St. Croix River 2. The properties are located in Government Lot 5, Section 35,T28N-R20W,Town of Troy, St. Croix County,Wisconsin. 3. The Special Exception request is for a permit for rock riprapping in the St. Croix Riverway District under Section 17.36(6)(a)3. Special exceptions are required for any rock riprapping project along the St. Croix River. 4. The applicant is working with the Zoning Office,the Land and Water Conservation Department, and the Wisconsin Department of Natural Resources on this project. 5. The Board of Adjustment found that this special exception application conforms with the requirements for granting a special exception under Section 17.36(6)(a)3. 6. The Board of Adjustment found that the spirit and intent of the ordinance would be met by granting this special exception permit. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein,the Board approved the applicant's request for a special exception permit for rock riprapping in the St. Croix Riverway District and has been approved based on the following findings: 1. The Town of Troy has recommended approval of the request. 2. The request is a commonly approved practice along the St. Croix River. 3. The rip rap will be an improvement to the property, and is environmentally friendly. 4. All outside agencies (DNR, LWCD, Army Corps)have approved of the project. 5. There were no objections to the request. With the following conditions: 1. The applicant shall work with the Zoning and Land and Water Conservation Staff during this project to insure that the plans are implemented as designed and approved. The Board notes that the applicant may want to consider extending the project and address all areas along their shoreline. 2. The applicant shall submit a re-vegetation plan specifications referenced on the Earthworks drawing. Staff recommends that native prairie grasses and forbs be incorporated into the plan. 3. The applicant is to notify the Zoning Office at the commencement and completion of the project. 4. Comply with all DNR and Army Corps of Engineers requirements and obtain any permits necessary. 5. The applicant shall have one(1)year from the issuance of the Special Exception permit to act on the Special Exception Permit. If the Special Exception permit expires,the applicant will be required to secure a new Special Exception permit before commencing the rock rip- rap project. 6. Any minor change(or addition) in expansion of the project, shall require review and approval by the Zoning Director. Any major change and/or addition to the originally approved plan will go through the special exception approval process,where applicable, as stated in the ordinance. 7. 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. 8. 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 the request: Peterson,yes; Rose, yes; Krueger, yes; Golz, yes; Chairperson Speer,yes. Motion carried. II 2 i 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 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: C ai rson Dated: 08/05/02 Attest: Filed: 08/05/02 Zoning Direc or 3