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Home My WebLink About040-1174-60-000 St. Croix County Board of Adjustment Site Visit Documentation Sheet Applicant(s): F /g5;f=, n4i 4 .ggl/V Site Address: Z~ (~06- File Date: 8' Z 7 " c S- ATTENDANCE Board Members Present: Staff Present: Malick Blackbum _0 Sontag _ Denzer ~Yl Nelson _ Grabau Peterson Olson ;h Niccum ~(f Do. Applicants, agents, and other interested parties present (list all): uPoµ avf} deQa„-f-~,.re , y>P,~~ti~dr ~ +~xrr av~~ SccSan ~'f ey~~,S Q✓ri dea~ SG~e S ske std of -1aY71 s RTE VISIT GUIDELINES The purpose of site visits is to allow Board members to view site conditions and surrounding land uses and neighborhood characteristics as they relate to the proposed request. Discussion among Board members and between the Board members, staff, applicants, agents, and other interested parties in attendance shall be limited to verification of measurements and locations of proposed structures and/or activities, and clarification of information presented at the hearing. No new testimony is allowed. Staff shall be responsible for recording all questions and comments in the space below. This sheet will be kept on file with the application at the Community Development Department. QUESTIONS AND COMMENTS ` ~ ti hG Jr ~sD a SIB I 6~aUSe (,t la S GuYVeft~~ Y f Aa. ' 4em 014r r ti~ ! ~ ~aN'~p~~. G1f~~eved ~ Say~~ ! Revised 12110114 ST. CRO I s ~ 0.,U~!i V IY Land Use Planning & Land Information Resource Management Community Development Department August 27, 2015 File Ref: SE88596 Tim & Kristen Rieser L..oPY 2560 Swan Ave. St. Paul, MN 55109 Re: Conditional Use Permit to reconstruct stairway in Lower St. Croix Riverway Overlay District Dear Mr. & Mrs. Rieser: The St. Croix County Board of Adjustment (Board) has reviewed your application for a Conditional Use Permit to reconstruct a stairway in the Lower St. Croix Riverway Overlay District, per Section 17.36(H)(12) of the St. Croix County Land Use Ordinance. After the hearing on August 27, 2015, the Board of Adjustment has granted your request for a Conditional Use Permit with some conditions. The enclosed document is the formal decision regarding your application. Should you have any questions or concerns, please contact me at 715-386-4680. Sincerely, C11~ 4ae,- Craig Dantoin Land Use Technician Enc: Formal Decision cc: Clerk, Town of Troy Brian Wert, Town of Troy UDC File Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, WI 54016 Fax 715.386.4686 www.sccwi. us/cdd www. focebook. com/stcroixcountywi cdd Pco.saint-croix. wi. us Community Development Department Pa-ge 2 r FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE88596 Applicant: Rieser, Tim & Kristen Location: NE% NWY4 Sec. 24, T28N, R20W - Town of Troy Hearing Notice Publication: August 14 & 21, 2015 Hearing Date: August 27, 2015 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and reviewed the site the Board of Adjustment makes the following Findings of Fact and Conclusions of Law for the Conditional Use; 1) The property owners and applicants are Tim & Kristen Rieser. 2) The site is Lot 15 of St. Croix Cove Subdivision, located in the NE'/ NW'/4 Sec. 24, T28N, R20W - Town of Troy 3) The applicant is requesting a Conditional Use Permit to reconstruct a stairway in the Lower St. Croix Riverway Overlay District, which is allowed if all the standards listed in Section 17.36(H)(12) are met. 4) Mike Wenholz, WI Dept. of Natural Resources, has recommended approval if all standards of Section 17.36(H)(12) can be met (Exhibit 4). 5) The Town of Troy has not submitted comments at this time. 6) Letter from adjoining landowner to the North-West of the applicant (Exhibit 3), in favor of the applicant's request. 7) Susan Meyers was present at hearing and voiced approval, as well as phone call on morning of hearing from Pat Huber, 274 Cove Rd. 8) The current stairway does not allow the applicant safe pedestrian access to the river, because it is unsafe. 9) The stairway is needed in this situation to access the river, due to both steep and unstable slopes. 10)The proposed stairs meet all the dimensional standards required by Section 17.36(H)(12)(2-3). 11)The applicant will make all components of the stairway earth-tone in color. 12)Any vegetative requirements for screening meet code or will be made to do so by the applicant. 13)The plans submitted by the applicant were designed by a professional engineer to properly anchor the stairs and prevent accelerated erosion of the banks along the river. Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, W154016 Fax 715.386.4686 www.sccwi. us/cdd www. facebook.com/stcroixcountvwi cdd(ako.saint-croix wi. us Community Development Department Page 3 DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board of Adjustment grants the Conditional Use request, with the following conditions: 1) Immediately following the removal of the existing stairway, silt fence shall be installed on the upslope side of the top landing and on the downslope side between the river and bank. 2) Disturbed soils shall be covered with erosion control blanket or mat at any time there is not active construction taking place, and immediately following final grading it shall be seeded with a native species. 3) Silt fence may not be removed until there has been complete coverage of all disturbed or bare soils with erosion control blankets, and the vegetation has started to establish itself. 4) All components of the stairway shall be earth-tone colors, which are displayed in the St. Croix County Community Development Department office. 5) Any and all parts of the stairway structure shall be visually inconspicuous or made to be so within 5 years. The planting of necessary screening vegetation shall take place no later than 1 year after the stairway has been completed. 6) No vegetation shall be cut in conjunction with the stairway or otherwise, unless it meets the requirements of Section 17.36(H)(12)(a)(11) or has been approved by the St. Croix County Community Development Department. 7) 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. 8) Any new owners of the property must adhere to the standards and conditions of the approved Conditional Use Permit. Any new owners of the property must adhere to the standards and conditions of the approved Conditional Use Permit. Any change or addition in use of the property, buildings, and/or business; or modification of or addition to the property, building, or facilities; shall require review by the Zoning Administrator to determine if the use may be allowed. This decision applies to the property rather than to the individual, is valid for only the specified property, and is not transferrable to other properties. 9) Accepting this decision means that the applicant and their agent have read, understand, and agree to all conditions of this decision, and have no objections to County staff conducting unannounced onsite inspections to check for compliance with this permit. The following vote was taken to approve: Chairperson Malick, yes; Peterson, yes; Nelson, yes; Sontag, yes; Niccum yes; All vote yes, motion carries. 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(l 0), 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 Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, WI 54016 Fax 715.386.4686 www.sccwi.us/cd d www.fcycebook.com/Stcroixcountyw i cdd@co.saint-Croix. wi. us a Community Development Department Page 4 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 Community Development 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. ZONING;OARD OF ADJUST NT - L Signed: I Clarence W. Malick, Chairperson Date Filed: 08/27/2015 Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, WI 54016 Fax 715.386.4686 www.sccwi. us/cdd www. facebook. com/stcroixcountywi cdd@cosaint-croix. wi. us