Exhibit 1 - Staff Report

Ginger Alden–(Ben & Nicole Hanke) – CUP-2016-011

Conditional Use Permit Staff Report St. Croix County Board of Adjustment

Ginger Alden Hearing Date: June 23, 2016

Applicant: Ginger Alden

Agent: Ben & Nicole Hanke (Bruce Lenzen Design Build LLC)

Site Address: 344 E. Cove Road, Hudson, WI

Parcel ID #’s: 040-1227-10-100

Site Location: Part of SW¼ NE¼ Sec. 13, T28N, R20W – Town of Troy

Zoning District: Lower St. Croix Riverway Overlay District

Site Size: Approx. 3 ½ Acres

Request: Conditional Use Permit to fill/grade greater than 10,000 ft2, pursuant to section 17.36(F)(3)(a)(6) of St. Croix County Zoning Ordinance.

Exhibits: 1) Staff Report 2) Conditional Use Application 3) St. Croix County Resource Management Division comments, email dated 6-10-2016. 4) Michael Rogney, WDNR Floodplain Engineer, email received 6-13-2016. 5) Salishan Homeowners Association, email dated 6-16-2016.

Exhibit 1


BACKGROUND:

The applicant is requesting a conditional use permit to fill and grade greater than 10,000 ft2 and greater than 40 feet from a slope preservation zone, in conjunction with the construction of a new principle structure on the parcel. The current property owner has a contract with the agent to sell the property contingent upon the granting of this Conditional Use Permit request. A single family dwelling is a permitted use within the Lower St. Croix Riverway Overlay District.

A large portion of the filling/grading is due to the location of the parcel, as it does not directly front on a road and is quite long. The Staff Summary lists the applicable standards required by section 17.36(H)(5)(b) for filling and grading, as well as how they apply to this request.

Aerial photo showing approximate property lines & 2’ topographic contours.


SITE REVIEW:

Green color indicates areas the proposal will disturb.


SITE REVIEW (CONTINUED):

Black = Existing Trees/Not to be impacted Red = Trees that will be removed Blue = Replacement trees proposed


SITE REVIEW (CONTINUED):


AGENCY REVIEW:

St. Croix County Resource Management Division

- Email dated 6-10-2016 providing comments about review of the application, recommended plans be revised to include the seeding species, rates, and estimated dates (completed by applicant), and that an affidavit must be recorded by the owner that stipulates the obligatory requirements pertaining to the stormwater & erosion and sediment control plans.

Wisconsin DNR

- Email dated 6-13-2016 from Michael Rogney, WDNR Floodplain Engineer. Area outside mapped floodplain, so there are no applicable floodplain requirements.

- No comments have been received at this time from Michael Wenholz, WDNR Zoning Specialist.

Salishan Homeowner’s Association

- Email dated 5-12-2016 from Jeff Cudd, approved the home plans/designs unanimously by peers.

Town of Troy

- No Comments have been received at this time.


STAFF SUMMARY:

The applicant has proposed a principle structure in the Lower St. Croix Riverway Overlay, and would need a Conditional Use Permit to fill/grade in excess of 10,000 ft2 to accomplish this proposal. All associated standards for filling and grading within the Lower St. Croix Riverway Overlay District [17.36(H)(5)(a) & (b)] are summarized below as they pertain to the request, as well as how they apply to this property (shown in red):

17.36(H)(5)(a): Filling and grading outside of a slope preservation zone as described in Section 17.36(F)(2)(a)(2) are allowed with a land use permit if all the following standards are met:

1. No filling, grading, or draining of wetlands is allowed.

There are no mapped wetlands that exist on the parcel, nor does the proposal indicate any will be impacted. 2. No filling and grading activities within 40 feet of a slope preservation zone is allowed.

There are no disturbance activities proposed within 40 feet of a slope preservation zone. 3. Any vegetation that is removed is replaced with native vegetation.

The applicant has stated they are willing to replace any vegetation removed, by seeding or replanting all disturbed areas with native species, which would be verified by Community Development Staff before a land use permit would be issued.

4. Filling and grading activities are designed and implemented in a manner to minimize erosion, sedimentation, tree damage, and impairment of fish and wildlife habitat.

The proposal has attempted to minimize the amount of disturbance that would occur to the surrounding area, and the submitted stormwater & erosion and sediment control plans should mitigate offsite impacts.

5. WDNR Stormwater Construction Technical Standards are implemented.

The stormwater management & erosion and sediment control plans required for a filling/grading conditional use permit meet all applicable WDNR standards.

17.36(H)(5)(b): Filling and grading in the areas described in 17.36(F)(3)(a)(4-6) are allowed by conditional use permit if the following

standards are met: 1. All standards under (a.) above are met. 2. The property owner shall submit a stormwater management & erosion and sediment control plan per 17.36(H)(7).

The Resource Management Division has reviewed the plans and determined that the requirements are met, with the exception of an accompanying affidavit for the stormwater/erosion control plans.

If the conditional use permit is granted, an affidavit will be recorded at the St. Croix County Register of Deeds, detailing the requirements of the plans submitted and to alert any subsequent purchasers of the obligatory requirements to follow the plans submitted with this application.


STAFF FINDINGS & CONCLUSIONS OF LAW:

Staff offers the following findings and conclusions of law for the Board’s consideration:

1) The property owner is Ginger Alden and agents are Ben & Nicole Hanke (w/ Bruce Lenzen Design Build).

2) The site is located in the SW¼ NE¼ Sec. 13, T28N, R20W – Town of Troy

3) The filling and grading proposed is to construct a new single family dwelling, a permitted use in the Lower St. Croix Riverway Overlay District.

4) The applicant is requesting a Conditional Use Permit to fill and grade in excess of 10,000 ft2 in the Lower St. Croix Riverway Overlay District, which is allowed if the standards found in Section 17.36(H)(5) are met.

5) The Town of Troy has not submitted comments at this time.

6) The WI Dept. of Natural Resources has submitted comments (Exhibit 3), stating there are no applicable comments if there are no mapped floodplain on the subject parcel.

7) There will be no disturbance of wetlands or within the 40’ setback from slope preservation zones.

8) The applicant has submitted stormwater management & erosion and sediment control plans that meet the requirements for approval of a conditional use permit, per the standards found in section 17.36(H)(5) of the Lower St. Croix Riverway Overlay District, so long as an affidavit detailing obligatory requirements is recorded after the permit approval.

9) Vegetation removal is allowable, if it meets the vegetation management requirements of 17.36(H)(8). This request does not propose to remove vegetation within the OHWM setback, bluffline setback, or slope preservation zone, nor would it remove vegetation in a manner that would cause accelerated erosion or decrease the quality of the plant community.

10) Vegetation that is removed must be replaced with native vegetation.

11) Before a land use permit is issued for the new principle structure, Community Development Staff will ensure removal of vegetation does not make existing structures visually conspicuous, as well as verifying the new structure will be visually inconspicuous or made so by vegetative screening.


STAFF RECOMMENDATION:

Based on the findings of fact and conclusions of law, staff recommends approval of the Conditional Use Permit with the following conditions:

1) No disturbance occur within 40’ of slope preservation zones.

2) The stormwater management & erosion and sediment control plans be followed, and an affidavit be recorded at the St. Croix County Register of Deeds that stipulates the obligatory requirements to follow per the stormwater & erosion and sediment control plans submitted.

3) Any vegetation which is removed in conjunction with a land use permit or conditional use permit must be replaced, per the standards found in section 17.36 (H)(5) to meet the requirements of the vegetation management section of the Lower St. Croix Riverway Overlay, found in 17.36(H)(8).

4) No land disturbance or filling/grading shall occur at the property until the St. Croix County Community Development Staff have issued a land use permit for the construction of the proposed structures.

5) The applicant shall have one (1) year to commence the proposed project, and within two (2) years of the permit being granted the applicant must finish all land disturbing activities pertaining to the filling/grading of this request. There is the allowance for up to two extensions, each granting an extra 6-months to complete the proposal, which shall be done by contacting the Zoning Administrator for details.

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 notice to the applicant and an opportunity for a public hearing.

7) Any change or addition to use of the property, buildings; or modification of or addition to the property, building, or facilities; or changes to the current project details shall require review by the Zoning Administrator to determine if the use may be allowed.

8) Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision and has no objections if County staff conducts unannounced onsite inspections to check for compliance with the conditions of this permit.

Exhibit 1 - Staff Report

Documents

Transcript of Exhibit 1 - Staff Report