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HomeMy WebLinkAbout040-1173-80-0001101 Carmichael Road Hudson WI 54016 Telephone: 715-386-4680 Fax: 715-386-4686 www.sccwr9g) July 25, 2019 Brent and Patrice Wernlund 290 Cove Rd Hudson, WI 54016 RE: Conditional Use Decision, File no. CUP-2019-014 � CUP-2019-015 Project Location: 24.28.20.664, Town of Troy Project Address: 290 Cove Rd. Brent and Patrice, The St. Croix County Board of Adjustment has reviewed your request for a Conditional Use Permit for Filling and grading 10,000 square feet or more outside of the slope preservation zone as per Section 17.36 F.3.a.6. of the St. Croix County Zoning Ordinance, St. Croix Riverway District. Additionally, the Board has reviewed your request for a Conditional Use Permit to construct a stairway pursuant to 17.36 H.12.a of the St. Croix County Zoning Ordinance, St. Croix Riverway District. After the hearing ®� July 25, 2019, the �oartl ®f Adju�ta�aer�t ��p�®�ec� y®�n�• rte®arrests; please see the enclosed decision document for the conditions of the approval. Feel free to contact me with any questions or concerns. Sincerely, Nicole Hays - Land Use Technician II Enc: Formal Decision EC: Town of Troy; owntroy@baldwin-telecom.net Property Owner; brentwernlund@edinarealty.com CC: File Nicole Hays Nicole.Hays@sccwi.gov (715) 386-4742 FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File Number: Applicant: Site Address: Complete Application Received Hearing Notice Publication: Hearing Date: CUP-2019-014 Brent and Patrice Wernlund 290 Cove Rd, Hudson, WI 54016 June 3, 2019 July 11 and 18, 2019 July 25, 2019 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and visited the site, the Board of Adjustment makes the following Findings of Fact and Conclusions of Law pertinent to the applicant's Conditional Use requests: 1. The property owners are Brent and Patrice Wernlund; the agent is Jon Sonnentag. 2. The site is located at 290 Cove Road, Hudson, WI 54016 in part of Section 24, T28N, R20W, Town of Troy. 3. The site is 1 acre and is located in the Lower St. Croix Riverway Overlay District, 4. The Town of Troy has General Zoning jurisdiction. 5. The applicant filed an application with the St. Croix County Board of Adjustment for a Conditional Use Permit, for filling and grading 10,000 square feet or more outside of the slope preservation zone Section 17.36 F.3.a.6) of the St. Croix County Lower St. Croix Riverway Overlay District, 6. A County Land Use Permit will be required to ensure the filling and grading activities have been designed in a manner to minimize erosion and is subject to the standards in Section 17.36 H. 7. The flood analysis has been reviewed by DNR and has confirmed the floodfringe elevation and the proposed filling and grading will not result in an increase to the regional flood elevation of .01 feet or more. A Land Use Permit application for filling in the floodplain has been submitted to the St. Croix County Community Development Department, 8. Vegetation removal for the filling and grading is required, however any removal will be limited to the area within the filling and grading boundary and will require revegetation of the disturbed area with native vegetation. 9. A stormwater management and sediment control plan has been submitted to the Community Development Department, (stormwater management plans have been submitted to ensure a suitable location is available for a future permit regarding construction of a single-family dwelling and impervious surface, however, since no structures are being built, stormwater management is not required to be installed.) 10. This approval does not imply Board of Adjustment approval of any future requests and will be reviewed upon their own merit. 11. Conditional uses shall only be granted subject to the following provisions, pursuant to Section 17.70 (7)(a): a. No grant of a conditional use shall violate the spirit or general intent of this chapter. This use does not violate the spirit or intent of the Ordinance since the request is allowed by conditional use approval, as per Section 77.36 F.3.a.(6) of the Ordinance. b. No conditional use shall be allowed which would be contrary to the public health, safety, or general welfare. This use is not contrary to the public health, safety, or general welfare since it is a use allowed by the Ordinance and meets the standards set forth in Section 77.36 H. c. Is not substantially adverse to property values in the neighborhood affected. This use will not be adverse to property values in the area residential uses, such as a single-family dwelling, are allowed in the Rural Residential District and similar uses exist in the neighborhood. d. No use shall be permitted by a conditional use that would constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors. This use will not be a nuisance due to noise, dust, smoke, or odor since filling and grading is limited to the duration of the permit and the site is internally drained. e. The board shall also apply standards set forth in other sections of this chapter which apply to particular classes of conditional uses. There are no additional standards in the Ordinance that pertain to this conditional use. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's Conditional Use requests, with the following condition: 1. Conditional Use approval will allow filling and grading of 10,000 square feet or more outside of the slope preservation zone in order for the applicant to construct a future building site. 2. A County Land Use Permit for filling and grading within the floodplain will be required prior to any land disturbance or construction activities commencing onsite; compliance with Subchapter 17.4 D is required. 3) Any future plans to construct a single-family dwelling, stormwater management, or septic system shall require a County Land Use Permit or Permits and additional review by St. Croix County Community Development Department Staff; compliance with Chapter 17.36 F.2.a.1) is required. 4. There shall be no filling and grading or vegetation removal outside of the areas indicated for filling and grading on the site plans. 5. Vegetation that will be removed will be replaced with native vegetation. Trees removed within the 200400t OHWM setback will be replaced with native trees. 6. The applicants shall have one (1) year from the date of the approval of this conditional use to begin land disturbance/construction activities and one (1) year to complete. Failure to do so may result in expiration or revocation of the conditional use permit. Prior to expiration or revocation, the applicant may request an extensions of up to six months from the Zoning Administrator, however extensions are not to exceed one year. 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 public hearing. 8. 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; or modification of or addition to the property or buildings 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 the request: Chairman Malick, (yes); Peterson, (yes); Nelson, (yes); Niccum, (yes); Miller, (yes). All in favor, 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(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 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. Z �NG BO OF ADJ STM �T Signed: 1�-- Clarence W. "Buck" Malick, Chairman Date Filed: July 25, 2019 FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File Number: Applicant: Site Address: Complete Application Received: Hearing Notice Publication: Hearing Date: CUP-2019-015 Brent and Patrice Wernlund 290 Cove Rd, Hudson, WI 54016 June 3, 2019 July 11 and 18, 2019 July 25, 2019 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and visited the site, the Board of Adjustment makes the following Findings of Fact and Conclusions of Law pertinent to the applicant's Conditional Use requests: 1. The property owners are 6rent and Patrice Wernlund; tl�e agent is Jon Sonnentag. L The site is located at 290 Cove Road, Hudson, WI 54016 in part of Section 24, T28N, R20W, Town of Troy. 3. The site is 1 acre and is located in the Lower St. Croix Riverway Overlay District and the Town of Troy has General Zoning jurisdiction. 4. The applicant submitted an addendum to the Conditional Use Permit to construct a stairway, Section 17.36 F.3.a.3) of the St. Croix County Lower St. Croix Riverway Overlay District. 5. The stairway design meets standards for Riverway and Floodplain ordinance. 6. Stairway is visually inconspicuous as it abuts the existing retaining wall and colors are suitable for the Riverway District, 7. Conditional uses shall only be granted subject to the following provisions, pursuant to Section 17.70 (7)(a): a. No grant of a conditional use shall violate the spirit or general intent of this chapter. This use does not violate the spirit or intent of the Ordinance since the request is allowed by conditional use approval, as per Section 77.36 F.3.a.(3) of the Ordinance. b. No conditional use shall be allowed which would be contrary to the public health, safety, or general welfare. This use is not contrary to the public health, safety, orgeneral welfare since it is a use allowed by the Ordinance and meets the standards set forth in Section 17.36 H. c. Is not substantially adverse to property values in the neighborhood affected. This use will not be adverse to property values in the area residential uses, such as a single-family dwelling, are allowed in the Rural Residential District and similar uses exist in the neighborhood. d. No use shall be permitted by a conditional use that would constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors. This use will not be a nuisance due to noise, dust, smoke, or odor. e. The board shall also apply standards set forth in other sections of this chapter which apply to particular classes of conditional uses. There are no additional standards in the Ordinance that pertain to this conditional use. DECtSiON On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's Conditional Use requests, with the following condition: 1. Conditional Use approval will allow the installation of a stairway for access to the St. Croix River. 2. A County Land Use Permit for an accessory structure within the floodplain will be required prior to any land disturbance or construction activities onsite; compliance with Chapter 17.4 D is required. 3. There shall be no changes to the existing retaining wall or vegetation removal with the installation of the stairway. 4. The stairway shall be visually inconspicuous by being earth toned colors. 5. The applicants shall have one (1) year from the date of the approval of this conditional use to begin land disturbance/construction of the stairway and one (1) year to complete. Failure to do so may result in expiration or revocation of the conditional use permit. Prior to expiration or revocation, the applicant may request an extension of up to six months from the Zoning Administrator, however total extensions not to exceed one year. 5. 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 public hearing. 7. 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; or modification of or addition to the property or buildings 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. 8. 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 the request: Chairman Malick, (yes); Peterson, (yes); Nelson, (yes); Niccum, (yes); Miller, (yes). All in favor, 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(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 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. Signed: Clarence W. "Buck" Malick, Chairman Date Filed: July 25, 2019