Applicant:Ann Blide / Calda Donna LLC Agent and potential purchaser:Ben Hanke Site Address:Part of Government Lots 1 and 2 Property #s: A Computer #s: Location:Section 13, T28N, R20W, Town of Troy Zoning:Ag Residential and Lower St. Croix Riverway Overlay:Districts Parcel Size: 1.2 acres St. Croix County Board of Adjustment Hearing Date: June 26, 2014 APPLICATION # 4: Variance Request Variance to the required 200 foot setback to the St. Croix River pursuant to Section G.5.c.1) of the St. Croix County Zoning Ordinance. Exhibits 1)Staff Report with photos 2)Application 3)Letter from Ron Carlson 4) from Pat Shandorf, Plan Reviewer for Department of Safety and Professional Services. 5)McMillan letter Exhibit 1

This request was tabled at the February 27th Board of Adjustment (Board) meeting, the public hearing was kept open. The Board tabled to allow further testimony including a possible decrease to the Richard Marzolf property values because of impaired views of the river and the Board wanted to visit the site during the leaf-on conditions. At the April 24 th BOA meeting, staff confirmed the Board requests Ben Hanke (Agent for Ann Blide / Calda Donna) and neighboring property owner Richard Marzolf to provide information on the variance’s impact on property values. The information can be provided to staff by May 8 th for distribution to the Board or provide testimony or bring experts to testify at the June Board meeting. A letter with this information was sent on April 25 th to Richard Marzolf and Ben Hanke. The Board also stated that they would like pictures from neighboring properties owned by Richard Marzolf, Bill Marzolf Jr. and Doug McMillan showing leaf-off conditions. In the following slides there is a house owned by Bill Marzolf. It should be noted that Bill Marzolf Senior owned the house in 1992 and today it is now owned by Bill Marzolf Junior. For clarity, I have referred to them as Jr. and Sr. in this presentation. On May 1 st staff conducted an onsite to take the pictures referenced above. Background & Site Review

Photo 3, Richard Marzolf house Photo 2, Bill Marzolf Jr. house Photo 1, Doug McMillan house Proposed Ben Hanke house Picture taken from here

Photo 1 May 1 st picture from Doug McMillan’s property. Bill Marzolf house is on the right side of the photo. Proposed Ben Hanke house indicated by arrow.

Photo 2 May 1 st picture from Bill Marzolf Jr’s property. Proposed Ben Hanke house indicated by arrow.

Photo 3 May 1 st picture from Richard Marzolf’s property. Proposed Ben Hanke house indicated by arrow.

Exhibits Exhibit 2 is a letter from Doug McMillan, the neighbor to the south on the aerial photo above. Exhibit 3 is a letter from Ron Carlson stating concerns about this application: –Concerns about the construction and placement of the retaining wall. The retaining wall design will be done if and when the variance is approved. Outside engineering review will be conducted if necessary to assure it will function properly. This structure will be denied if it can’t be constructed in the allowable area. –Concerns about the construction of the driveway and the retaining wall on an easement. We are not a party to this easement agreement and have no authority to regulate it. Any disagreements over the use of this easement would be a civil issue. –Concerns about the fill needed for contiguous dry land access to land outside the floodplain. County staff and Mike Rogney, the Water Regulations and Zoning Engineer for the DNR also noticed that more fill would be needed for the driveway. The applicants were informed of this and stated they would make the necessary changes in the plans in order to have the required contiguous dry land access. This proposed driveway will be denied if it cannot meet the requirements of the Floodplain Ordinance.

Exhibits continued Exhibit 4 is a letter from Pat Shandorf, a Plan Reviewer for the Department of Safety and Professional Services. There were concerns that a sanitary system designed for a three bedroom house would not be able to accommodate the proposed four bedroom house plan. Sanitary system sizing is based on two people per bedroom and therefore a three bedroom system can accommodate six people. There is a provision in the State Sanitary Code that allows the owner to install a three bedroom system for a four bedroom house by recording an occupancy affidavit against the property. This occupancy affidavit notifies the future owners that the system can accommodate six people. Staff testified to this at the previous meeting and Pat Shandorf, confirmed this analysis.