HomeMy WebLinkAbout038-1149-70-000 (3)0
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D USE PERMIT
PLICATION office ed 2 2020nty
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Daytime Phone: 5) 2 V --(,g '' Daytime Phone: (11�D Y/ ?
Cell: (4a) 7 7�_o0 � L4 Cell:QD L//7-60-)k
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aITE INFORMATION
Site Address: 9 / 2 r-,� �-= %�y" �` P eq 1Y1 �y 6e C, �. S
Property Locations w 1/4, NE l/4, Sec. / ?, T. 314) N., R. 19 W., Town of A fA4L PRAR.'z
Parcel #: p - ii N 9 - 7 6 - Uo b Alt. Parcel #:
INFORMATION
Zoning District (Check one): ❑ AG-1 ❑ AG-2 ❑ R-1 ❑ R-2 ❑ R-3 ❑ C-1 ❑ C-2 ❑ C-3 ❑ 1-1 ❑ 1-2
Overlay District (Check all that apply): T SHORELAND ❑ RIVERWAY ❑ FLOODPLAIN ❑ ADULT ENTERTAINMENT
Type of Land Use Permit Request (Check one): Please refer to the current fee schedule on our website.
❑ Lower St. Croix Riverway District ❑ Wireless Communication Tower (Co -location)
`iR(- Shoreland ❑ Temporary Occupancy
❑ Signage ❑ Nonmetallic Mining Operation
❑ Floodplain ❑ Animal Waste Storage Facility
❑ Grading & Filling, 12-24.9% Slopes ❑ Livestock Facility
❑ Other:
❑ Permit processed in conjunction with a Land Division, Special Exception or Variance
State the nature of your request: G a Q.A!J -
I attest that the information "ta(ned in this
Property Owner
Contractor/Agent
Zoning Ordinance Reference
is true and
correct to the best of my knowledge.
DatlD_ --
Date I
Complete Application Accepted: 1/2:�Ja l BY
Fee Received: ��.1 $ 0d
715-386-4680 St. Croix County Government Center 715-245-4250 Fax
cdd sccwi.gov 1101 Carmichael Road, Hudson, WI 54016 ! , wvtfw.sccw.aov
0
•
Cautionary Statement to Owners Obtaining Building Permits
101.65(lr) of the Wisconsin Statutes requires municipalities that enforce the Uniform Dwelling Code to
provide an owner who applies for a building permit with a statement advising the owner that:
If the owner hires a contractor to perform work under the building permit and the contractor is not bonded
or insured as required under s. 101.654 (2) (a), the following consequences might occur:
(a) The owner may be held liable for any bodily injury to or death of others or for any damage to
the property of others that arises out of the work performed under the building permit or that is caused by
any negligence by the contractor that occurs in connection with the work performed under the building
permit.
(b) The owner may not be able to collect from the contractor damages for any loss sustained by
the owner because of a violation by the contractor of the one- and two- family dwelling code or an
ordinance enacted under sub. (1) (a), because of any bodily injury to or death of others or damage to the
property of others that arises out of the work performed under the building permit or because of any
bodily injury to or death of others or damage to the property of others that is caused by any negligence by
the contractor that occurs in connection with the work performed under the building permit.
Cautionary Statement to Contractors for Projects Involving Building Built Before 1978
If this project is in a dwelling or child -occupied facility, built before 1978, and disturbs 6 sq. ft. or more
of paint per room, 20 sq. ft. or more of exterior paint, or involves windows, then the requirements of ch.
DHS 163 requiring Lead -Safe Renovation Training and Certification apply. Call (608)261-6876 or go to
the Wisconsin Department of Health Services' lead homepage for details of how to be in compliance
Wetlands Notice to Permit Applicants
You are responsible for complying with state and federal laws concerning the construction near or on
wetlands, lakes, and streams. Wetlands that are not associated with open water can be difficult to
identify. Failure to comply may result in removal or modification of construction that violates the law or
other penalties or costs. For more information, visit the Department of Natural Resources wetlands
identification web page or contact a Department of Natural Resources service center.
Additional Responsibilities for Owners of Projects Disturbing One or More Acre of Soil
I understand that this project is subject to ch. NR 151 regarding additional erosion control and stormwater
management and will com ly ith thos tandar, ,
Owner's Signature Date:
Contr rctor Credential Requirements
All contractors shall possess an appropriate contractor credential issued by the Wisconsin Division of
Industry Services.
GMERAL APPLICATION REQUIREII&TS
APPLICATION:
Applications will not be accepted until the applicant has:
• Met with the Zoning Administrator to review the application;
• Submitted Original plus 2 copies of the entire packet including all supporting information, maps & diagrams;
• Resolved any land use violations and paid any outstanding fees owed to the Community Development Department;
• Signed the application form (the signatures of the property owners and agents acting on their behalf are required); and
• Submitted the appropriate application fee (nonrefundable) payable to: St. Croix County.
REVIEW:
The Zoning Administrator will review the application for completeness and assign a file number to the application. The Zoning
Administrator may require additional information and will notify the applicant of this within 10 days. Upon receiving a complete
application and supporting documents, the Zoning Administrator will:
• send copies of the applications to the appropriate reviewing agencies for comment. Applicants are encouraged to
contact their town to discuss their application and inquire about necessary building permits and approvals at the
town level;
• schedule a site visit to the applicant's property, at which time the applicant shall flag all applicable property/project
corners and label the flags accordingly; and
• review the file and prepare findings for approval or denial of the permit within 60 days. Upon approval, the permit will
be mailed to the applicant or to the applicant's agent.
If approved, the land use permit will be valid for one year from the date of the permit issuance. The applicant may also be
required to apply through the Town for a local building permit. All site plans, pictures, and other materials submitted with the
application become the property of the Community Development Department and will remain in the file.
❑ Completed and signed application form with fee.��
❑ Original plus 2 copies needed of the entire packet including ALL supporting information, maps & diagrams.
❑ A general written statement that specifically explains the request.
❑ A statement indicating whether or not a private water or sanitary system is to be installed.
❑ Recorded Warranty Deed (may be obtained at the Register of Deed's office).
❑ A complete site plan showing:
• project location in the town;
• lot/parcel dimensions with total lot area, property lines, and all applicable setbacks;
• location of existing access roads, right-of-way, road setbacks, and recorded easements;
• location of all existing and proposed structures with their square footage and distance from setbacks;
• location of existing and proposed POWTS, wells, driveways, parking areas, access, signs, and other features;
• location of slopes 12% and greater (minimum contours to be determined by the Zoning Administrator);
• all blufflines and slope preservation zones (Riverway) and setbacks from blufflines;
• location of the OHWM of any abutting navigable waterways and all setbacks from the OHWM;
• location of the 75 ft setback from the OHWM.
• location and landward limit of all wetlands, specifications and dimensions for areas of proposed wetland alteration;
• existing and proposed topographic and drainage features and vegetative cover;
• location of floodplain and floodway limits on the property; and
• any other unique limiting conditions of the property or information deemed necessary by the Zoning Administrator.
For projects that involve land disturbance requests, the following additional information may be required:
❑ Detailed drawings (scale should not be greater than 7 inch to 200 feet).
❑ Grading plan showing grading limits and pre and post contours.
❑ Project schedule and contractor list.
❑ Erosion control plan (Best Management Practices).
❑ Storm water management plan stamped by an engineer and including all runoff calculations.
❑ Vegetation plan including schedule, seeding rates, and species size, type and location.
❑ Other documents:
NOTE: All maps, plans, and engineering data shall be no larger than 1107. No covers, binders, or envelopes. Staple or
paperclip your application in the upper left-hand corner.
Page 2 of 2
• INSTRUCTIONS •
The owner, builder or agents shall complete the application form down through the Signature of Applicant block and submit it and
building plans and specifications to the enforcing jurisdiction, which is usually your municipality or county. Permit application
data is used for statewide statistical gathering on new one- and two-family dwellings, as well as for local code administration.
Please type or use ink and press firmly with multi -ply form.
PERMIT REQUESTED
• Check off type of Permit Requested, such as structural, HVAC, Electrical or Plumbing.
• Fill in owner's current Mailing Address and Telephone Number.
• If the project will disturb one acre or more of soil, the project is subject to the additional erosion control and stor nwater
provisions of ch. NR 151 of the WI Administrative Code. Checking this box will satisfy the related notification requirements
of ch. NR 216.
• Fill in Contractor and Contractor Qualifier Information. Per s. 101.654 (1) WI Stats., an individual taking out an erosion
control or construction permit shall enter his or her dwelling contractor certificate number, and name and certificate number
of the dwelling contractor qualifier employed by the contactor, unless they reside or will reside in the dwelling. Per s. 10 1. 63
(7) Wis. Stats., the master plumber name and license number must be entered before issuing a plumbing permit.
PROJECT LOCATION
• Fill in Building Address (number and street or sufficient information so that the building inspector can locate the site.
• Local zoning, land use and flood plain requirements must be satisfied before a building permit can be issued. County
approval may be necessary.
• Fill in Zoning District, lot area and required building setbacks.
1. PROJECT DATA -Fill in all numbered project data blocks (1-11) with the required information. All data blocks must be filled
in, including the following:
2. AREA (involved in project):
Basements - include unfinished area only
Living area - include any finished area including finished areas in basements
Two-family dwellings - include separate and total combined areas
3. OCCUPANCY - Check only "Single -Family" or "Two -Family" if that is what is being worked on. In other words, do not
check either of these two blocks if only a new detached garage is being built, even if it serves a one or two family dwelling.
Instead, check "Garage" and number of stalls. If the project is a community based residential facility serving 3 to 8 residents,
it is considered a single-family dwelling.
4. USE - Seasonal, permanent or other.
7. ESTIMATED BLDG COST - Include the total cost of construction, including materials and market rate labor, but not the cost
of land or landscaping.
10. SEWER - A building permit cannot be issued until a sanitary permit has been issued for any new or affected existing private
onsite wastewater treatment system.
SIGNATURE — The owner or the contractor's authorized agent shall sign and date this application form. If you do not possess the
Dwelling Contractor certification, then you will need to check the owner -occupancy statement for any erosion control or
construction permits.
CONDITIONS OF APPROVAL - The authority having jurisdiction uses this section to state any conditions that must be complied
with pursuant to issuing the building permit.
ISSUING JURISDICTION: This must be completed by the authority having jurisdiction.
• Check off Jurisdiction Status, such as town, village, city, county or state and fill in Municipality Name
• Fill in State Inspection Agency number only if working under state inspection jurisdiction.
• Fill in Municipality Number of Dwelling Location
• Check off type of Permit Issued, such as construction, HVAC, electrical or plumbing.
• Fill in Wisconsin Uniform Permit Seal Number, if project is a new one- or two-family dwelling.
• Fill in Name and Inspector Certification Number of person reviewing building plans and date building permit issued.
0
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ST. C ROI-X � i�:NTY
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Instructions:
IMPERVIOUS
Y:
CALCULATION
WORKSHEET
1. Calculate the area in square feet of all existing and proposed impervious surfaces on your lot within
300ft of the OHWM.
2. Divide the surface area of existing and proposed impervious surfaces on the portion of a lot or parcel
that is within 300 feet of the Ordinary High Water Mark (OHWM) by the total area of that portion of the
lot or parcel that is within 300 feet of the OHWM (the area shaded in gray belo
3. Multiply the result by 100.IL�`��I�
JUL 2 2 2021
L BODY OF WATER
I I St. Croix County
1 r ORDINARY HIGH WATER MARK (OHWM) Z i Community Develonmanr
�0.
300
FEET
Impervious Surface
SQ.FT.
Driveway(s), [Concrete, Pavers,
Gravel, etc.]
Garage(s), Pads [Concrete,
Pavers, Gravel, etc.]
Walkway(s), [Concrete, Pavers,
Gravel, etc.]
30
House
S
Patio(s), Pool(s), Pool Apron(s)
C� M
Outbuildin (s), Any Slab(s)
Lean-to(s)
9—
Other Impervious Area(s),
[Retaining Walls, Block, etc.]
Other , i
TOTAL IMPERVIOUS SURFACE
)x(100)= Jul, o Sy
Total SQ.FT. of TotaISQ.FT.of
Impervious Surfaces Shoreland Lot Total % of
(Within 300' of the OHWM) (Within 300' of the OHWM) Impervious Surface
Note:
"Impervious Surface" means an area that releases as runoff all or a majority of the precipitation that
falls on it. "Impervious surface" excludes frozen soil but includes rooftops, sidewalks, driveways,
parking lots, and streets unless specifically designed, constructed, and maintained to be pervious.
Staff can make additional impervious determinations based upon site specific circumstances.
This handout is intended to summarize the standards, not replace the actual ordinance. For more
information refer to Chapter 16 St. Croix County Shoreland Overlay Districts
Community Development
715-386-4680 St. Croix County Government Center 715-245-4250 Fax
cdd@sccwi.gov 1101 Carmichael Road, Hudson, WI 54016 www.sccwi.gov
1.
2.
3.
4.
5.
6.
7.
8.
PREPARE A PLOT PLAN / SKETCH OF YOUR PROPERTY
SKETCH MUST INCLUDE ALL OF THE FOLLOWING:
All structures, proposed and existing
Location of any accessory structure including those authorized in 16.320
Driveways and roads fronting property
Lot line locations
Water body locations and unique natural features such as wetlands, steep slopes, etc.
Septic system and well location
Identify the existing shoreland buffer depth and view corridors, if applicable
Identify any areas that you propose to grade or fill G�CC�
JUL 2 2 2021 s('
L BODY OF WATER
St. Croix County
r ORDINARY HIGH WATER MARK (OHWM) Community Development
W
� � m
1' Z
C
90/
PROPERTY LINE
Staff notes:
_ 300
FEET
♦`
C
10
u
Benjamin Hetzel
From:
Heather Amos
Sent:
Monday, September 20, 2021 2:34 PM
To:
Benjamin Hetzel
Cc:
Mike Wozniak
Subject:
RE: 912 Brave Drive, Somerset
Follow Up Flag: Follow up
Flag Status: Flagged
Ben — Great changes to the letter. I think this makes complete sense.
I am comfortable approving the land use permit with the Letter of Undertaking and our follow up letter. If Eleanor
does not comply with the items set forth in the Letter of Undertaking, we can revoke the land use permit.
Heather Amos I Corporation Counsel - Assistant Corporation Counsel
From: Benjamin Hetzel <Benjamin.Hetzel@sccwi.gov>
Sent: Monday, September 20, 2021 1:06 PM
To: Heather Amos <heather.amos@sccwi.gov>
Cc: Mike Wozniak <Mike.Wozniak@sccwi.gov>
Subject: RE: 912 Brave Drive, Somerset
How this? Changed Some things? If we agree to this letter, are we comfortable approving the land use permit?
Benjamin Hetzel I Community Development - Land Use and Conservation Specialist
Heather Amos <heather.amos@sccwi.gov>
Sent: Monday, September 20, 2021 12:24 PM
To: Benjamin Hetzel <Benlamin. Hetzel @sccwi.gov>; Mike Wozniak <Mike.Wozniak@sccwi.gov>
Subject: RE: 912 Brave Drive, Somerset
Ben & Mike —
I have now had a chance to review the Letter of Undertaking. Basically, a letter of undertaking is a formal document
that provides assurance from one party to another to fulfill an obligation. Basically, Attorney Gasperini is agreeing
that Eleanor Hammes has agreed to do the things set forth in the Letter of Undertaking to be in compliance with the
SCC Code of Ordinances.
Attached is a draft letter responding to Attorney Gasperini. Please feel free to modify the last paragraph to conform
to what we are requiring in terms of not building the structure in the right-of-way. Also, the last part of the last
sentence may need to be modified if the Town of Star Prairie does not have any requirements for access.
Heather Amos I Corporation Counsel - Assistant Corporation Counsel
1101 Carmichael Rd Hudson WI 54016
T: 715-381-4315 1 F: 715-381-4334
heather.amos@sccwi.gov
r
Benjamin Hetzel <Benlamin.Hetzel@sccwi.gov>
Sent: Monday, September 20, 2021 10:37 AM
To: Heather Amos <heather.amos@sccwi.gov>; Mike Wozniak <Mike.Wozniak@sccwi.gov>
Subject: FW: 912 Brave Drive, Somerset
Heather and Mike,
This is from the Attorney of Eleanor Hammes. We met with them about the property on Brave Dr and we excluded
them from the 83 ft private road setback. I still have not issued a land use permit for them because a small portion
of the proposed building is within the right of way of Brave Dr. The attorney plans on working with the underlying
land owners of Brave Dr in order to vacate the half of Brave Dr that abuts her property so she has room to place her
building.
The attorney drafted the attached Letter of Undertaking to provide us in hopes that I can issue the land use permit
while they work on the Brave Dr issue. Im not familiar with Letters of Undertaking, but according to the attorney
they are a common practice. From a legal standpoint, can I issue the land use permit prior to the vacating the
portion of Brave Dr as long as we have this letter of undertaking to hold them to?
Thoughts?
P.S. I already told them that the county does not issue building permits, so they will have to correct that in the letter.
Benjamin Hetzel I Community Development - Land Use and Conservation Specialist
Afton Law Office <alo@aftonlaw.net>
Sent: Monday, September 20, 2021 8:40 AM
To: Benjamin Hetzel <Benlamin.Hetzel@sccwi.gov>
Cc: Jim Gasperini <ibg@aftonlaw.net>
Subject: Re: 912 Brave Drive, Somerset
This email originated from an external source. Verify the legitimacy before clicking links or opening attachments.
Please see attached Letter of Undertaking.
0 •
' Attached is a draft letter responding to Attorney Gasperini. Please feel free to modify the last paragraph to conform
to what we are requiring in terms of not building the structure in the right-of-way. Also, the last part of the last
sentence may need to be modified if the Town of Star Prairie does not have any requirements for access.
Heather Amos I Corporation Counsel - Assistant Corporation Counsel s
1101 Carmichael Rd Hudson WI 54016
T: 715-381-4315 1 F: 715-381-4334
heather.amos@sccwi.gov
ST. CRO 99UNTY
5 ',it'.rFti,x
Benjamin Hetzel <Beniamin.Hetzel@sccwi.gov>
Sent: Monday, September 20, 2021 10:37 AM
To: Heather Amos <heather.amos@sccwi.gov>; Mike Wozniak <Mike.Wozniak@sccwi.gov>
Subject: FW: 912 Brave Drive, Somerset
Heather and Mike,
This is from the Attorney of Eleanor Hammes. We met with them about the property on Brave Dr and we excluded
them from the 83 ft private road setback. I still have not issued a land use permit for them because a small portion
of the proposed building is within the right of way of Brave Dr. The attorney plans on working with the underlying
land owners of Brave Dr in order to vacate the half of Brave Dr that abuts her property so she has room to place her
building.
The attorney drafted the attached Letter of Undertaking to provide us in hopes that I can issue the land use permit
while they work on the Brave Dr issue. Im not familiar with Letters of Undertaking, but according to the attorney
they are a common practice. From a legal standpoint, can I issue the land use permit prior to the vacating the
portion of Brave Dr as long as we have this letter of undertaking to hold them to?
Thoughts?
P.S. I already told them that the county does not issue building permits, so they will have to correct that in the letter.
Benjamin Hetzel I Community Development - Land Use and Conservation Specialist
ST. CRC) P,NTY
Afton Law Office <alo@aftonlaw.net>
Sent: Monday, September 20, 2021 8:40 AM
To: Benjamin Hetzel <Benlamin.Hetzel@sccwi.gov>
Cc: Jim Gasperini <ibg@aftonlaw.net>
Subject: Re: 912 Brave Drive, Somerset
This email originated from an external source. Verify the legitimacy before clicking links or opening attachments.
Please see attached Letter of Undertaking.
Heidi Anderson
Legal Assistant
Afton Law Office, P.A.
3121 St. Croix Trail South
Afton, MN 55001
(651) 436-8656
From: Benjamin Hetzel <Beniamin.Hetzel@sccwi.gov>
Sent: Thursday, September 9, 2021 3:14 PM
To: Afton Law Office <alo@aftonlaw.net>
Subject: RE: 912 Brave Drive, Somerset
Town of Star Prairie said they would not have to review this.
Benjamin Hetzel I Community Development - Land Use Technician II
Benjamin Hetzel <Beniamin.HetzelCa@sccwi.Rov>
Sent: Tuesday, September 7, 20214:26 PM
To: Afton Law Office <alo@aftonlaw.net>
Subject: RE: 912 Brave Drive, Somerset
Jim,
See attached CSM. I drew in what I was suggesting before as far as maintaining access to the northern lot. Hope
that makes sense.
Benjamin Hetzel I Community Development - Land Use Technician II
1101 Carmichael Rd Hudson Wl 54016
T: 715-386-4742
Benjamin.Hetzel@sccwi.gov
Afton Law Office <alo@aftonlaw.net>
Sent: Wednesday, September 1, 2021 3:39 PM
To: Benjamin Hetzel <Beniamin.Hetzel sccwi.gov>
Cc: lisalynn3@msn.com
Subject: 912 Brave Drive, Somerset
This email originated from an external source. Verify the legitimacy before clicking links or opening attachments.
0 •
Ben: Attached is the scale drawing for 912 Brave Drive.
Please let me know if there is any other information you need for Ellie to proceed with construction of the
new building.
Thanks again for your assistance with this.
Jim Gasperini
Afton Law Office, P.A.
3121 St. Croix Trail South
Afton, MN 55001
(651) 436-8656
•
U
F T 0 N
LAW OFFICE P.A.
September 20, 2021
James B. Gasperini
or'.
. L ,
LETTER OF UNDERTAKING
Benjamin Hetzel RECEIVED
Benjamin.Hetzel@sccwi.gov
Re: Eleanor Hammes SEP 202021
912 Brave Drive, Somerset St Croix County CDD
Dear Ben:
This letter will confirm that James Gasperini and the Afton Law Office will
obtain fee title in the name of Eleanor Hammes to that portion of Brave Drive
that adjoins Eleanor Hammes' properties and restructure the access known as
Brave Drive as an easement or other legal structure acceptable to St. Croix
County Zoning.
This shall be completed within 120 days and payment for all legal, survey,
engineering work and recording fees has been guaranteed by Eleanor Hammes.
In reliance upon the undertaking, St. Croix County shall immediately grant a land
use permit to Eleanor Hammes to complete her accessory structure on her
property.
Thank you.
Sincerely,
THE AFTON LAW OFFICE, P.A.
ames B. Gasperini
JBG/ha
cc: Eleanor Hammes
3121 South St. Croix Trail
Afton, Minnesota 55001
651-436-8656
Fax 651-436-6840
alo@aftonlawnet
•
s
July 2, 2003
Alan L. Beeler
970 Brave Drive
Somerset, WI 54025 A .
RE: Substandard Lots
Dear Mr. Beeler:
ST. CROIX COUNTY
WISCONSIN
ZONING OFFICE
ST. CROIX COUNTY GOVERNMENT CENTER
"ter-ichael Road
(715) /
Thank you for submitting your inquiry regarding substandard lotj
your property in the shoreland area of Squaw Lake. Your propel
lots 6-9 in Block D of the Wigwam Shores plat. The Wigwam'
1958 in the County's Register of Deeds office. The County's to
located on lot 7.
00
Bep'le
q7D or �
j �,t UTSW
The lots are substandard because they do not meet the minimum lot dimensions of the St. Croix couuay
Zoning Ordinance. In 1967 St. Croix County adopted shoreland zoning. Shoreland zoning includes
shoreland within 1,000 feet of the ordinary high water mark of navigable lakes, ponds or flowages and 300
feet of the ordinary high water mark of navigable rivers or streams or to the landward side of the floodplain,
which ever is greater. Adjoining substandard lots under common ownership can't be sold or used without
full compliance with the ordinance. Below is an excerpt of the shoreland zoning section relating to this
matter: (These provisions have been part of the St Croix County Zoning Ordinance since 1967.)
17.27 Lot Dimensions.
(3) Substandard Lots. (a.) Substandard lots served by Public Sewer. A lot which does not contain sufficient
area to conform to the dimensional requirements. of this chapter but is at least 50' in width at the building
line and 50' in width at the water line, if any and 7,500 sq. ft. in area may be used as a building site for a
single family dwelling upon issuance of a zoning permit subject to the following conditions:
1. Such use is permitted in ,the Zoning District.
2. The lot is on record in the County Register of Deeds Office prior to the effective date of
this chapter.
3. The lot is in separate ownership from abutting lands. If abutting lands and the
substandard lot are owned by the same owner, the substandard lot shall not be sold or
used without full compliance with the terms of this chapter.
4. All the dimensional requirements of this chapter be complied with insofar as practical.
(3) b. Substandard lots not served by Public Sewer. The provisions of pars. (3) (a) 1. through 4. and
Sections 15.01 - 15-05 of Chapter 15 of the general ordinances shall apply, and in addition the minimum lot
area shall be 10,000 sq. ft. and the minimum lot width 80' at the building line and 80' at the water line, if
any.
Please note that the minimum lot size in Chapter 17, St. Croix County Zoning Code is 2 acres, found in
Section 17.15 (2) and 17.27 (1).
In a letter dated March 1, 1978, the owners of Wigwam Shores and the County's District Attorney agreed to
three points. I have included a copy of that letter for your reference. The following points were listed in
the agreement:
I . The Wigwam Shores Addition plat is valid. (District Attorney's letter 10/6/77.)
2. The setback provisions of the St. Croix County ordinance do not apply to the roads within
Wigwam Shores Addition plat as long as the roads remain private roads. Owners verify
that they do not intend to make such private roads public. (District Attorney's letter
12/28/77; counsel's letter to D.A., 12/12/77.)
3. With reference to shoreline setback and width, and lot width at building site, the St. Croix
County ordinance applies; however owners may apply for special exceptions for those lots,
which do not conform, and reasonable consideration will be given to such applications.
The Zoning Office intends to honor this agreement where applicable.
If your intention is to sell off substandard lots under your common ownership "to others" you would have to
apply for and successfully receive a variance to sell or use a substandard lot that does not conform to the
dimensional standards of the ordinance from the St. Croix County Board of Adjustment. You must address
the statutory variance criteria when requesting a variance. I have included a variance application for
your reference. Please note the application deadlines on the front of the application.
Another option available is to suggest an ordinance amendment to the St. Croix County Shoreland
Ordinance.
If you have further questions, please don't hesitate to contact me at the number above. The office hours are
Monday through Friday, 8:00 am to 5:00 pm. Appointments are recommended.
Sincerely,
�1"9q
Rod Eslinger
Zoning Specialist
Enc. 1978 Agreement
Cc: St. Croix County Planning, Zoning and Parks Committee
Felicia Germain, Town of Star Prairie, Town Clerk
Roger Swanson, Squaw Lake Rehabilitation District, President
Greg Timmerman, St. Croix County Corporation Counsel
Steve Fisher, St. Croix County Zoning Director
Bob Baczynski, WDNR, Water Team Leader, Lower Chippewa Basin
Buzz Sorge, WDNR, Program and Planning Analyst
Maria Penner, WDNR, Attorney at Law, Bureau of Legal Services
file
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r, 0
CERTIFIED SURVEY MAP
LOCATED IN PART OF THE SW1/4 OF THE NE1/4 OF SECTION 17, T31N, R18W,
TOWN OF STAR PRAIRIE, ST. CROIX COUNTY, WISCONSIN; BEING LOTS 9, 10,
11 AND 12, BLOCK F, OF THE PLAT OF WIGWAM SHORE'S ADDITION.
LEGEND
FOUND 1" OUTSIDE
DIAMETER IRON PIPE
O FOUND 1-1/4" OUTSIDE
DIAMETER IRON PIPE
• FOUND 2" OUTSIDE DIAMETER
IRON PIPE
SET 1" OUTSIDE DIAMETER BY I$"
0 LONG IRON PIPE, WEIGHING 1.13
LBS. PER LINEAR FOOT
" FENCE
—1-1--.1 ......... ; .... -.1.1-1 7S-FT.OHWM SETBI
NOTE:
These lots are subject to the St. Croix County Shoreland Zoning
Overlay District A land use permit may be required for construction
or grading activities. Consult with the staff at the Community
Development Office before any construction or grading on this lot
PUBLIC TRUST NOTE: Any land below the ordinary high
water mark (OHWM) of a lake or navigable stream is subject
to the public trust in navigable Waters that is established
under article IX, section 1, of the state constitution.
0
LOT 32, SQUAW LAKE
541'56'09"W
1133013
BETH PABST
REGISTER OF DEEDS
ST. CROIX CO., WI
RECEIVED FOR RECORD
06/21/2021 03:41 PM
CERTIFIED SURVEY MAP
VOLUME:31
PAGE: 6978
REC FEE: 30.00
PAGES: 2
� W
PREPARED FOR:co
W
W
ELEANOR HAMMES v W
912 BRAVE DRIVE. z
SOMERSET, WI 54025 z o z
0
SURVEYOR: o 0
Q DOUG ZAHLER O Ov
S& N LAND SURVEYING 2 cc
3 2
2920 ENLOE ST. SURE 101
)t712�i HUDSON, WI54016 h O U
W pM X
=8
�- Z
SCALE: 11.= 90'
0 80 160
Each Parcel shown on this map is subject to State, County and
Township laws, rules and regulations (i.e.. wetlands, minimum
lot size, access to parcel, etc.) Before purchasing or developing
any parcel contact the St Croix County Community
Development Department and the Town of Star Prairie for advice.
NORTHEAST CORNER
SECTION 17
1 " STEEL SURVEY MARK NAIL O
ESTATES a�
----- N88'18'43"W 1606.98'-------�--
LINE OF THE S112 OF THE NE114 .�
(588 38'E 216.10•) o
S88'S6'38"E 246'3
215.72' 30 ±
p� �p 0.44' SOUH OF 1116TNtINE A,
12 CONCRETE ,10'
n\
PAD
LOT 2
�4s. SCREEN 1 w
,y 11 BUILDING
3S SM - TOP OF PIPE
1� rS• , t1� ELEVATION 947.0 4S',
't' 192.17•
P1, Qom/ SHED " — 577'
P Zn 3� �✓ _—�•• jam_
LOT 1
8 ,
_7
of, 11 r0� LELEVONA_ L ODATION S
A. r3 /
�p, �RDIIAIIHIGH WATERMARK I
q• / r = ELEVATION 940.7 NA VD 88
h/
LAKE ELEVATION ON 4130121 , P
= 940.8 NAVD 88 _ ` �I'
WATERY EDGE P
LOT AREAS
LOT 1: 38,623 SQ. FT. ±
LOT 2: 48,920 SQ. FT. + EAST 114 CORNER
SECTION 17
COORDINATES OF RECORD
VERIFIED WITH WITNESSES
/ DRAFTED BY: DOUG7AHLER PROJECT: #7911-002 DATE: 05128/21, REVISED 6/16I21 SHEET 1 OF 2
31— cA9-7g
4
S
ST. CROIX
C
�'M� 1M.
Community Development
1101 Carmichael Road Hudson WI 5
4016
Telephone: 715-386-4680 Fax: 7v 15 s8 -4686
9/22/2021
Eleanor Hammes
912 Brave Dr
Somerset, WI 54025
RE'. Conditional Approval: File# LUP-2021-067
Project Location:17.31.18.668, Town of Star Prairie
Project Address: 912 Brave Dr
Eleanor,
Develo ment staff have reviewed the Land Use Permit application for the construction
Community p
or structure within a Shoreland Overlay District. The request shas been conditional y
of an access y
approved based on the application submission and the followingfindings:
' all permitted structure is proposed in the Town of Star Prairie, within a Shoreland
The conditionally p
Overlay District.
proposed land disturbance is within 300 feet of the ordinary high-water mark (OHWM) Of
The pro p
Squaw Lake.
structure meets the 75-foot setback to the O eWM• The setback shall be measure
Theproposed
to the closest point of the e ructure 35 footpursuant max maximum 6 height pursuant to Ch.15.231.2.
The proposed structure the
ffice
itted a
On beh
alf of the property owner, Attorney James Gasperini at the Afton
ft ands restructure e access to the
Letter of Undertaking dated SepteHam OeSpp2operty. ownership
portion a Brave Dr which abuts M
re
The 83 fo
ot setback from centerline of a private road that serves dell St
Attorney.parcels requirement
CountyDistrict nt is
waived due to the letter dated March 1,1978 signed by
risions d not apply to roads within
Attorney. Letter states that St. Croix County setback p
Wigwam Shores.
will not affect
land disturbance slopes within 300an� �o° Ch.1f theo34w 2 that are greater
The proposed
than 12%, measured over a horizontal distance of 50 feet pursuant in
total impervious surface calculation within 300 feet of the a e buffer pudrsuantt to
% 2
The to p leant ve et
mitigation points are rewarded for an existing comp 9
Erosi
on and sediment control plans have been submitted an ac meet Wisconsin es will be incorpoaat d nt o
Ch.16.350.3.d.
Natural Resources Technical Standards. Best management p
Based on
these findings, approval of the Land Use Permit is subject to the following conditions:
Ben Hetzel
benjamin.hetzel@sccwi.gov
(715) 386-4742
ST. CROIX
IscloYmmi/
Innovabon Through ..
9/22/2021
Community Development
1101 Carmichael Road Hudson WI 54016
Telephone: 715-386-4680 Fax: 715-386-4686
Eleanor Hammes
912 Brave Dr
Somerset, WI 54025
RE: Conditional Approval: File# LUP-2021-067
Project Location: 17.31.18.668, Town of Star Prairie
Project Address: 912 Brave Dr
Eleanor,
www.sccwi.gov
Community Development staff have reviewed the Land Use Permit application for the construction
of an accessory structure within a Shoreland Overlay District. The request has been conditionally
approved based on the application submission and the following findings:
• The conditionally permitted structure is proposed in the Town of Star Prairie, within a Shoreland
Overlay District.
• The proposed land disturbance is within 300 feet of the ordinary high-water mark (OHWM) of
Squaw Lake.
• The proposed structure meets the 75-foot setback to the OHWM. The setback shall be measured
to the closest point of the structure pursuant to Ch. 16.315.1.a.
• The proposed structure the 35-foot maximum structure height pursuant to Ch. 15.231.2.
• On behalf of the property owner, Attorney James Gasperini at the Afton Law Office submitted a
Letter of Undertaking dated September 20, 2021 to obtain ownership and restructure access to the
portion a Brave Dr which abuts Ms. Hammes property.
• The 83 foot setback from centerline of a private road that serves 3 or more parcels requirement is
waived due to the letter dated March 1, 1978 signed by Eric J Lundell, St. Croix County District
Attorney. Letter states that St. Croix County setback provisions do not apply to roads within
Wigwam Shores.
• The proposed land disturbance will not affect slopes within 300 feet of the OHWM that are greater
than 12%, measured over a horizontal distance of 50 feet pursuant to Ch. 16.345.2.
• The total impervious surface calculation within 300 feet of the OHWM resulted in 18.05%. 2
mitigation points are rewarded for an existing compliant vegetative buffer pursuant to
Ch.16.350.3.d.
• Erosion and sediment control plans have been submitted and meet Wisconsin Department of
Natural Resources Technical Standards. Best management practices will be incorporated.
Based on these findings, approval of the Land Use Permit is subject to the following conditions:
Ben Hetzel
benjamin.hetzel@sccwi.gov
(715) 386-4742
4
S
1. Prior to Construction, erosion control measures, such as silt fencing must be installed.
2. A pre -construction inspection is required to validate setbacks and verify the installation of erosion
control. Please call me at (715) 386-4742, to schedule this inspection.
3. The following must be staked prior to the pre -construction inspection:
a. The OHWM
b. 75 ft setback from the OHWM
c. Proposed structure locations
d. All property lines
4. Obtaining ownership and restructuring access on Brave Dr shall be completed within 120 days.
5. St. Croix County reserves the right to require additional sediment and erosion control measures to
be installed if found necessary due to site -specific concerns and will be documented in an as -built
site plan.
6. All temporary erosion control measures shall be left in place and maintained until the site has reached
a point of at least 70% permanent vegetation. Permanent vegetation shall be established once final
grade is reached or as soon as applicable per plan.
7. A post -construction inspection is required prior to removing the temporary sediment and erosion
control measures to verify proper vegetation cover has been established. Please call me at (715)
386-4742, to schedule this inspection.
8. The Department of Natural Resources shall be contacted for a NR 216 permit if land disturbance
equals one acre of greater in size.
9. It is the applicant's responsibility to secure any other required local, state or federal permit(s) and
approval(s) prior to land disturbance activity.
10. Failure to comply with the terms or conditions above may result in the revocation of this permit by
the Zoning Administrator pursuant to Chapter 16.570.1
This approval is subiect to the conditions listed above; it does not allow for any additional
construction structures or buildings beyond the limits of this re uest. Your information will remain
on file at the St. Croix County Community Development Department suite. It is your responsibility to
ensure compliance with any other local, state, or federal permitting or regulations, including
contacting the Town of Star Prairie and the Department of Natural Resources to inquire if additional
permissions are required. This permit is valid for one year, with the possibility of up to two (2) six-
month extensions if the applicant submits the appropriate permit extension fee and documentation
to the Zoning Administrator. A copy of the Land Use Permit placard should be submitted to the
town's local Building Inspector upon applying for town building permit(s). The orange placard must
be posted on thejob-site and visible from public view.
Please feel free to contact me with any questions or concerns; I am typically available Monday -Friday
from 8:00 a.m. — 4:30 p.m.
Respect y,
Ben Hetzel
Land Use Technician II
Ben Hetzel
benjamin.hetzel@sccwi.gov
(715) 386-4742
cc: File
ec: townstarpraire@frontiernet net• Township
aloPaftonlaw net; Attorney
Ben Hetzel
benjamin.hetzel@sccwi.gov
(715) 386-4742
s
ST. CRO
mX
CCU=1= �N' Y
!� giliNwimu-N I jig l
r__
9/22/2021
James Gasperini
Afton Law Office
3121 South St. Croix Trail
Afton, MN 55001
RE: Eleanor Hammes Accessory Structure
912 Brave Dr, Town of Star Prairie
Dear Attorney Gasperini,
Community Development
1101 Carmichael Road Hudson WI 54016
Telephone: 715-386-4680 Fax: 715-386-4686
www.sccwi.gov
I am in receipt of the Letter of Undertaking regarding your client's desire to restructure access on
Brave Drive.
St. Croix County is waiving the requirement, in this case, that a private road serving 3 or more
parcels shall be setback from the right-of-way a distance of 83 feet from the centerline, pursuant
to Table 15.405.1 of the St. Croix County Code of Ordinances. The reason this requirement is
being waived is two -fold: 1) In a letter dated March 1, 1978, apparently there was an agreement
between the attorney for the landowners and St. Croix County that the setback provisions of the
St. Croix County Ordinance do not apply to the roads within Wigwam Shores Addition plat as long
as the roads remain private roads; and 2) The 83-foot setback requirement from a private road
serving 3 or more parcels as currently set forth in the St. Croix County Code is not practically
applicable in this situation. This 83-foot setback requirement is more applicable in situations
where there is new construction.
Although the 83-foot setback requirement is not applicable in this situation, Ms. Hammes still
cannot build a structure in the right-of-way. As set forth in the Letter of Undertaking, the
restructuring of access shall be completed in 120 days. Legal access must be maintained in the
form of an easement to the property described as Lot 2 of Certified Survey Map Vol. 31, Page
6978. The portion of land to be acquired by Ms. Hammes currently known as Brave Drive shall be
combined with Lot 1 of Certified Survey Map Vol. 31, Page 6978 creating one contiguous lot. The
above requirements shall be shown on a Certified Survey Map and filed with the St. Croix County
Register of Deeds within 120 days.
Sincerely
Ben Hetzel
Land Use and Conservation Specialist
Ben Hetzel
benjamin.hetzel@sccwi.gov
(715) 386-4742
Enclosure- Letter from Attorney C.L. Gaylord dated March 1, 1978
Ben Hetzel
benjamin.hetzel@sccwi.gov
(715) 386-4742
TWIV OtWICCR
1$ BAST bll.\I S'PI/F7 F:T
41-UAVIAPRO March 1, 1978
L ?I. SAY is
(PIT" I). k0D1.1
'TVART J. li RL-A-;GER
Mr. Eric J. Lundell
District Attorney
St. Croix County Courthouse
Hudson, NJ 54016
Re: Neubel-Luger.
Nigtvam Shores Addition
Dear Mr. Lundell:
It appears that you and I can closeout the dis-
agreements on the above addition without litigation, based
on our various items of correspondence, if I can get it in
a summarized form for•the..County Zoning Administrator and
Town authorities.
To this end, I have summarized the points you and
I appear to have resolved and, if -this meets with your
approval, perhaps you would endorse a copy of this letter
and I Will forward it on to all the parties, closing out
this matter.
As I understand.i.•t, we are in agreement that:
(a) The Wigwam Shores Addition plat is valid.
(District Attorney's letter 10/6/77..)
(b) The setback provisions of the St. Croix
County ordinance do not apply to the roads
within Wigwam S4-ores. Addition plat as long
as the roads temain private roads. Owners
verify that they do not intend to make such
private roads;public. (District Attorneys'
letter 12/28/77; counsel's letter to D.A.,
12/12/77.)
(c) With reference to shoreline setback and
width, and loi width at building site, the
St. Croix County ordinance applies; however,
I
T17 aa-110
%Rr-% CODW 715
4115•2456
N11'. Lric J. Lundell
March 1, 1978
Page 2
o{Jners may apply for special exceptions
for those lots which do not conform and
reasonable consideration will be given to
such applications,
If this is a correct summary, Would you endorse
Your approval? This matter. can then be concluded.
Very truly yours,
1
C. yl
CLG:sp
Approved:
C. L. Gaylord
At .ey £or 0' ers
/j
Eric .l. L ndell
St. Croix County District Attorney
A F T 0 N
LAW OFFICE P.A.
September 20, 2021 LETTER OF UNDERTAKING
James B. Gasperini
Benjamin Hetzel
Benjamin.Hetzel@sccwi.gov
Re: Eleanor Hammes
912 Brave Drive, Somerset
Dear Ben:
This letter will confirm that James Gasperini and the Afton Law Office will
obtain fee title in the name of Eleanor Hammes to that portion of Brave Drive
that adjoins Eleanor Hammes' properties and restructure the access known as
Brave Drive as an easement or other legal structure acceptable to St. Croix
County Zoning.
This shall be completed within 120 days and payment for all legal, survey,
engineering work and recording fees has been guaranteed by Eleanor Hammes.
In reliance upon the undertaking, St. Croix County shall immediately grant a land
use permit to Eleanor Hammes to complete her accessory structure on her
property.
Thank you.
JBG/ha
cc: Eleanor Hammes
3121 South St. Croix Trail
Afton, Minnesota 55001
651-436-8656
Fax 651-436-6840
alo@aftonlaw.net
P.A.
It Is Unlawful To Commence Work Before This Permit Is Placed In A
Conspicuous Place On The Premises
This Certifies That A
LAND USE PERMIT.
Has Been Issued To
In compliance with 6require ants of the St. Croix Ordinani
.s located at Z
Sec. / T. N.; R
Lot
Town of
. CIL,
Dated "ZA-A-L
Application No.
Block
#01
175
for a
W 66 8 ; OP
Subdivision C,>M 31.w417g
(Valid one year from date of issuance)
t)peo414 I