HomeMy WebLinkAbout040-1184-40-000 (3)
CROIX U4Y
PLANNING & ZONING
August 30, 2010 File#: LU87061
=~Zitzewitz
Peter & 328 N. Cove Rd.
k
Hudson, WI 54016
Code Administrate
715-386-4680
Re: Land Use Permit for filling & grading
Land Information & in the Ag-Res and Lower St. Croix Riverway Districts
Planning Parcel #13.28.20.750 Lot 4 Bomar Hts., Town of Troy
715-386-4674
Real Prop e Dear Mr. & Mrs. Zitzewitz:
715-3 677
This letter confirms zoning approval according to plans submitted on
Re cling
-386-4675 August 20, 2010 for the following activities that require a land use permit:
To fill and grade <10,000 sq. ft. >40 feet outside slope preservation
zones in the Lower St. Croix Riverway District pursuant to Section
17.36.F.2.a.2 of the St. Croix County Zoning Ordinance and standards
in Section 17.36.H.5.
According to the plans you submitted on August 20t", the proposed
project consists of excavation for a holding tank to replace a failing
Private On-site Wastewater Treatment System (POWTS). A sanitary permit
application is being prepared by the applicant's agent for staff review
and approval in compliance with Chapter 12 of the ordinance.
Staff finds that the proposed activities meet the applicable St. Croix County
Zoning Ordinances and the Lower St. Croix Riverway District based on the
following findings:
1. The property consists of a 0.7 acre lot, is zoned Ag/Residential, and is
located in the Rural Residential Management Zone of the Lower St.
Croix Riverway District;
2. The proposed filling and grading is more than 200 feet from the
OHWM of the St. Croix River and greater than 40 feet from the
bluffline;
ST. CRO1X COUNTY GOVERNMENT CENTER
110 1 CARMICHAEL ROAD, HUDSON, W/ 54016 7153864686 FAx
PZCJQ CO. SAINT-CROIX. W1. US W W W. CO.SAI NT-C ROIX. W I. U S
3. T propose excavation an installation o a holding an will resu in approximately
0 sq. ft. of land disturbance that will not be within 40 feet of a slope preservation
ne;
4. The itary permit application will be submitted for review and approval by Zoning
sta will include a condition that the land use permit be issued prior to
ex tion for the holding tank;
5. Stev Ison, Land & Water Conservation Dept., was sent a copy of the application
for r w, but was not available to submit comments. With conditions that erosion
contr measures include stabilization of exposed soil with seed and mulch upon
comp Lion of the holding tank excavation, the project will meet requirements in
Secti 17.36.H.5a.4.;
6. e Wisconsin Department of Natural Resources has reviewed the application and
has no objections to the sanitary replacement project;
7. If constructed as proposed, this project will meet the spirit and intent of the Lower St.
Croix Riverway District. It will not degrade the scenic, recreational, or natural values
of the St. Croix River Valley, nor will it negatively affect the public health, safety and
welfare of County residents.
This Ian se permit approval is for abandonment of an existing POWTS and installation of
a holdi tank, as indicated in the plans submitted, and as provided in the conditions
below:
1. e applicants or their contractor shall contact the Zoning Administrator prior to
mmencing installation of the holding tank and shall install erosion and sediment
ntrol measures immediately upon completion of the holding tank installation.
2. Pr to commencing excavation for installation of the holding tank, the applicants
an r their general contractor shall obtain any other permits required, including
but t limited to a sanitary permit;
3. The plicant and their agent(s) shall comply with all inspection requirements for
the WTS pursuant to Chapter 12 of the county ordinance and Dept. of
C merce Comm 83 regulations.
4. All activities approved as part of this land use permit shall commence within one
ear from the date of approval and be substantially completed within two years,
er which time the permit expires pursuant to Section 17.36 J.7 of the Ordinance.
P r to expiration, the applicant may request extensions of up to six months from
ST. CRO/X COUNTY GOVERNMENT CENTER
1 101 CARMICHAEL ROAD, HUDSON, W/ 54016 715386-4686 FAX
PZPCO. SA/NT-CRO/X. W1. US
WWW.CO.SAINT-CROIX.WI US
t oning minis ra or. The total ime gran e or ex ensions s a no excee one
-T3 TTn y ar.
5. F ' re to comply with the conditions above may result in the revocation of this
per ursuant to Section 17.36 J.8.b of the Ordinance.
This appr does not allow for any additional construction, grading, filling, or clearing of
vegetati yond the limits of this request. Any remaining site work above and beyond
what is id 'fled as part of this land use permit application shall be subject to the review
and appro ~ I of the Zoning Administrator.
Your inform ion will remain on file in the St. Croix County Planning and Zoning
Departme It is your responsibility to ensure compliance with any other local, state, or
federal r es or regulations.
PI e feel free to contact me with any questions or concerns.
Si
P la Quinn
Zonin ecialist as Zoning Administrator
Enc: L d Use Permit #LU87061
Cc: erk, Town of Troy
eve Olson, St. Croix County Land and Water Conservation Department
rrie Stoltz, Wisconsin Department of Natural Resources
Thompson, Contractor/Agent
ST. CRO/X COUNTY GOVERNMENT CENTER
110 1 CARMICHAEL ROAD, HUDSON, W/ 54016 715386-4686 FAX
PZ@CO. WWW.CO.SAINT-CROIX.WI.US
SA/NT-CROIX. Wl. US
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RE 7VD
TOWN of TROY FEB 1ST. CROIX "UUNTY
654 Glover Road, Hudson, WI 54016 PLANNING & ZONING OFFICE
Phone: (715)425-2665 Fax: (715)425-2551
February 17, 2011
Ms. Carrie Stoltz
Water Management Specialist
890 Spruce Street
Baldwin, WI 54022
Re: Riverway review/public hearing for an after-the-fact permit for a holding tank installation
- Peter & Nancy Zitzewitz, 328 N Cove Rd.;
The following comments and decisions were made by the Plan Commission and Town Board at their
February meetings. Please retain this document, along with previously provided materials, for your files.
Public hearing and Plan Commission Comments of February 3, 2011
Rob Jones stated that the applicants have applied for an after-the-fact permit for filling and grading
in a permitted area for the purpose of installing a private waste water treatment system. During
concept review the Plan commission determined that all materials necessary to make a complete
application had been submitted. The applicants were not in attendance.
Ray Knapp opened the public hearing for an after-the-fact permit for a holding tank installation -
Peter & Nancy Zitzewitz, 328 N Cove Rd. at 7:10 PM. No one came forward. The public hearing
was closed.
Jan Cuccia reviewed that this was an emergency action to replace a failed septic system, that during
site review it was evident that the applicant had done a good job of restoring the site and was that she
was comfortable recommending approval to the board.
Paul Mahler moved that the town Plan Commission recommend approval to the Town Board
for an after-the-fact permit for a holding tank installation for 328 N. Cove Road. The
emergency or unexpected nature of the failure of their system has created the need for an
after-the -fact permit as opposed to going through the normal procedures and that the work
that was done had no impact on the view and preservation of the river and would certainly
help the river by making a better waste water system, and along the lines of these points
certainly the new and up to date system will maintain the health of certainly that lot and the
community surrounding that lot and we talked about water pollution from the river, there was
no erosion that we was when we were out on site to speak of they did a good job of handling
that and the site's been re-vegetated so there was little long term impact to terrestrial or
aquatic habitat the area does not impact future roads and it certainly was compatible with the
adjacent land uses, it's all residential area out there. Based on that I recommend approval.
Joe Duerre seconded. Motion passed, all in favor.
Town Board Minutes and Motion of February 10, 2011
Rob Jones, Cedar Corp. summarized that the applicants are seeking an after-the-fact permit for filling and
grading in a permitted area for the purposes of installing a private waste water treatment system. The
reason it is an after-the-fact application is because the septic failed and needed emergency repairs before
an application was filed with the town. A complete application was made to St. Croix County and a
permit was issued, prior to the installation of the holding tank. The town Plan Commission has
recommended approval of this application.
Jim Thompson, the master plumber that installed the holding tank was present to answer questions from
the board. R. Knapp asked if all of the other required permits were obtained prior to the installation of the
tank. J. Thompson said that they were. He didn't know that they needed a town permit until the day they
started replacing the failed septic system.
R. Knapp moved to approve an after-the-fact permit for a holding tank installation at 328 N. Cove Rd.
Prior to installation, the applicant had received all require permits from the county and an unexpected
failure of the system created the need for an after-the-fact permit as opposed to going through the normal
town permitting process. The Plan Commission in their review has insured that the view from the river is
preserved, no unsafe or unhealthful conditions have been created, that we have controlled water pollution,
that we have addressed the location of the site in respect to floodplains, slope preservation zones and
blufflines, that erosion was controlled at the site during installation, there was minimal impact on
terrestrial and aquatic habitat, there is no impact in respect to future road and this was compatible with
adjacent land uses. Seconded by J. Cuccia. Motion passed, all in favor.
This letter is sent to fulfill the DNR notification requirement of the Town of Troy's Chapter 171: Lower
St. Croix Riverway Zoning Ordinance.
Sincerely,
Sharon Provos
Clerk/Treasurer
Cc: Pam Quinn
Brian Wert
Peter & Nancy Zitzewitz
Jim Thompson
Parcel 040-1184-40-000 08/16/2010 09:20 AM
PAGE 1 OF 1
Alt. Parcel M 13.28.20.750 040 - TOWN OF TROY
Current LX] ST. CROIX COUNTY, WISCONSIN
Creation Date Historical Date Map # Sales Area Application # Permit # Permit Type # of Units
00 0
Tax Address: Owner(s): O = Current Owner, C = Current Co-Owner
O - ZITZEWITZ, NANCY JEAN & PETER F
NANCY JEAN & PETER F ZITZEWITZ
328 N COVE RD
HUDSON WI 54016
Districts: SC = School SP = Special Property Address(es): Primary
Type Dist # Description * 328 N COVE RD
SC 2611 HUDSON
SP 1700 WITC
Legal Description: Acres: 0.700 Plat: 03-079-BOMAR HEIGHTS 040-77
S C 13 T28 R20W LOT 4 BOMAR HEIGHTS Block/Condo Bldg: LOT 04
Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4)
13-28N-20W
Notes: Parcel History:
Date Doc # Vol/Page Type
07/23/1997 723/66
07/23/1997 693/55
2010 SUMMARY Bill M Fair Market Value: Assessed with:
0
Valuations: Last Changed: 11/09/2009
Description Class Acres Land Improve Total State Reason
RESIDENTIAL G1 0.700 500,000 204,100 704,100 NO
Totals for 2010:
General Property 0.700 500,000 204,100 704,100
Woodland 0.000 0 0
Totals for 2009:
General Property 0.700 500,000 204,100 704,100
Woodland 0.000 0 0
Lottery Credit: Claim Count: 1 Certification Date: Batch M 209
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commerce.wi.gov Safety and Buildings Division County
201 W. Washington P.O. Box 7162 St. Croix
i sco n s i n Madison, W 07 62 Sanitary Permi Nu ber (to be filled in by Co.)
Department of Commerce
Sanitary Permit Application State Transaction Number &/Z 14
In accordance with s. Comm. 83.21(2), Wis. Adm. Code, submission of this form to the appropriate gov ental Project Address (if different Man mailing address)
unit is required prior to obtaining a sanitary permit. Note: Application forms for state-ouwd are
submitted to the Department of Commerce. Personal information you pr Wx or secondary Same
s;
purpo in accordance with the Privacy Law, s. 15.04 1 m Slats. KSwIgu
I. Application Information - Please Print All Information
Property Owner's Name S Parcel #
Peter & Nancy Zitzewitz 040-1184-40-000
Property Owner's Mailing Address S7 CRDIX C FICE Property Location
328 North Cove Road PtANxING & ZONING OF
City, State Zip Code Phone Number Govt. NW Lot
Hudson, WI. 54016 715 -386-3062 N Y SE/<, Section 13
(circle one)
VT~ie of Building (check all that apply) Lot T 28 N; R 20 W Family Dwelling - Number of Bedrooms _J~D, 'v •1 4 Subdivision Name
11 Public/Commercial -Describe Use Block # Na Plat of Bomar Heights
❑ City of
❑ State Owned - Describe Use CSM Number ❑ Village of
Na ❑ Town of Troy
III. Type of Permit: (Check o5ly one bog on line A. Complete line B if a licable)
A. ❑ New System Replacement System Treatme t/Holdin Tank Re lacement l y Other Modification to Existing System stem Y g Y (explain)
B. ❑ Permit Renewal ❑ Permit Revision ❑ Change of Plumber ❑ Permit Transfer to New List Previous Permit Number and Date Issued
Before Expiration Owner Vh f/lww-yu
IV. Type of POWTS S stem/Com o ient/Device: Check all that apply)-
1 N
❑ n-Pressurized hi-Ground ❑ Pressurized In-Ground ❑ At-Grade ❑ Mound > 24 in. of suitable soil ❑ Mound < 24 in. of suitable soil
Holding Tank ❑ Other Dispersal Component (explain) ❑ Pretreatment Device (explain)
V. Dispersal/Treatment Area Information:
Design Flow (gpd) Design Soil Application Rate(gpdsf) Dispersal Area Required (sf) Dispersal Area Proposed (sf) System Elevation
450 gpd Na Na Na 86.50'
VI. Tank Info Capacity in Total # of Manufacturer
Gallons Gallons Units o
New Tanks Existing Tanks 2 i; U
a` U C%1 V2 w C7 L1.
Septic or Holding Tank 3,000 a 3,000 1 Wieser Concrete X
Dosing chamber Na Na Na Na
VII. Responsibility Statement- I, the un reigned, as me responsibility in lion of the POWTS shown on the attached plans.
Plumber's Name (Print) lum is Sign a MP/MPRS Number Business Phone Number
James K. Thompson MPRS 30021 715 248-7767
Plumber's Address (Street, City, State, Zip Code
340 Paulson Lake Lane, Osceola, 54020
VIII oun epartment Use Only
Approved 11 Disapproved Permit Fee Date Is day I 1ng A en Sign atWe
El Owner Given Reason for Denial $ &,4
~flt
IX, Conditions of Approval/Reasons for Disapproval , i
SYSTEM OWNER:
1 Septic tank, effluent filter ands` ,
dispersal cell must all be serviced /maintained
as per management plan provided by plumber. Lw~ 2. All setback requirements must be maintained 01 S7d
4P &t44AA6( as era licable code/ordinances. Attach to complete plans for the system and submit to the County only on paper not less than 8 1/2 x 11 inches in
size
SBD-6398 (R. 02/09) Valid thru 02/11
8 0 0 5 0 9 2
Tx:4004015
Document Number Document Title
921102
St. Croix County BETH PABST
Holding Tank Agreement REGISTER OF DEEDS
ST. CROIX CO., WI
RECEIVED FOR RECORD
Permit Number - 08/20/2010 4:27 PM
EXEMPT N/A
Name - (Owner Typed or printed REC FEE: 30.00
being duly sworn , states, under oath, that: PAGES: 1
1. He/she is the owner/part owner of the following parcel of land
located in St. Croix County, Wisconsin, recorded in Volume W_
Page & 6 Document Number YDSSt. Croix County Register
of Deeds Office: L/ Recording Area
A parcel of land located in the - `/4 of the - %4 of Section Name and Return Address
Z3 , T 2.9 N - R .7.0 W, Town of 7 '%oy Awtl ` 'e
Zol
St. Croix County, Wisconsin bein 37-9 xO~ ~~C
4my described as follows (include lot no. and subdivision/CSM or
detailed legal description): O - 8 - '16-cg6
Parcel Identification Number (PIN)
Agreement Date: t1, -20/0
We acknowledge that application is being made for the installation of (a) holding tank(s) on the above described property or that continued use of
the existing premises requires that a holding tank be installed on the property for the purpose of proper containment of sewage. Also, the property
cannot now be served by a municipal sewer, or any other type of private onsite wastewater treatment system as permitted under Ch. Comm 83,
Wis. Adm. Code, or Ch. 145, Wis. Stats.
As an inducement to the county to issue a sanitary permit for the above-described property, we agree to do the following:
i . Owner agrees to conform to all applicable requirements of Ch. Comm 83, Wis. Adm. Code relating to holding tanks. If the owner fails to have
the holding tank properly serviced in response to orders issued by the governmental unit or the Department of Commerce to prevent or abate
j a human health hazard as described in s. 254.59, Stats., the governmental unit (Town) may enter upon the property and service the tank or
cause to have the tank to be serviced and charge the owner by placing the charges on the tax bill as a special assessment for current
services rendered. The charges will be assessed as prescribed by s. 66.0703, Stats.
Q. The owner agrees, pursuant to s. Comm 83.54 (2), and Comm 82.40(3)(e), Wis. Adm. Code, to have a water meter installed in the structure.
The water meter shall be installed by a plumber authorized by the Department of Commerce to make such installations, with said installation
complying with State regulations and manufacturers specifications. The owner agrees to be financially responsible for the purchase,
installation, maintenance, and repair of the water meter, and agrees to allow the governmental unit or the Department of Commerce to enter
the above-described property on a regular basis to read and/or inspect the water meter.
3. Owner agrees to pay all charges and costs incurred by the governmental unit or county for inspection, pumping, hauling, or otherwise
servicing and maintaining the holding tank in such a manner as to prevent or abate any human health hazard caused by the holding tank.
The governmental unit shall notify the owner of any costs which shall be paid by the owner within thirty (30) days from the date of notice. In
the event the owner does not pay the costs within thirty (30) days, the owner specifically agrees that all the costs and charges may be placed
on the tax roll as a special assessment for the abatement of a human health hazard, and the tax shall be collected as provided by law.
The owner, agrees to contract with a person who is licensed under Ch. NR 113, Wis. Adm. Code, to have the holding tank serviced and to
file a copy of the contract with the governmental unit. The owner further agrees to file a copy of any changes to the service contract, or a
copy of a new service contract, with the governmental unit within ten (10) business days from the date of change to the service contract.
5. The owner agrees to contract with a person licensed under Ch. NR 113, Wis. Adm. Code, who shall submit to the county on a semiannual
basis a report detailing the servicing of the holding tank. The governmental unit or county may enter upon the property to investigate the
condition of the holding tank when pumping reports and meter readings may indicate that the holding tank is not being property maintained.
6. This agreement will remain in effect only until the county office responsible for the regulation of private onsite wastewater treatment systems
certifies that the property is served by either a municipal sewer or a private onsite wastewater treatment system that complies with Ch. Comm
83, Wis. Adm. Code. In addition, this agreement may be cancelled by executing and recording said certification with reference to this
agreement in such manner which will permit the existence of the certification to be determined by reference to the property.
7. This agreement shall be binding upon the owner, the heirs of the owner, and assignees of the owner. The owner shall submit this agreement
to the register of deeds, and the agreement shall be recorded by the register of deeds in a manner which will permit the existence of the
agreement to be determined by reference to the property where the holding tank is installed.
Owner(s) Name(s) - Please Print Subscribed and sworn to before 1me on this date:
N !e rv~ /C! u N N !,s "
Notary RQbI
X IL1 J
/U~rJ 6 ,,411111
-7 "'i~ I
Govern ntal Unit Offi ame, Title -Please Print
My* omm"oh FEcpires
4 -1
GGovernmerly Unii Official S n re Drafted by:
Personal information you provide may be used for secondary purposes [Privacy Law s. 115.04(1)(m)]
"THIS PAGE IS PART OF THIS LEGAL DOCUMENT - DO NOT REMOVE-
1 f7fils information must be completed by submitter document title. name & retum addres& and PIN (if required). Oiner kr*r ►adbn such as the
gmnfing clauses, leagai description, etc. may be placed on this first page of the document or may be placed on additional pages of the
document. NoW Use of this cover page adds one page to your document and 12.00 to the nwa0no fee IMsconsln Statutes, 59.517.