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HomeMy WebLinkAbout038-1037-10-000 (2) CROIX COLT il• PLANNING & ZONING February 19, 2010 File#: LU0130 Kenneth L. House 1818 Mary Knoll Street Maplewood, MN 55109 Code Administra Re: Land Use Permit for filling & grading within 300' of Squaw Lake OHWM 715-386-4680 Parcel #08.31.18.158M, Town of Star Prairie Land Information Planning 715-386-4674 Dear Mr. House: This letter confirms zoning approval according to plans submitted on January 29, 2010 Real Prop, for the following activities that require a land use permit: 715-3 677 Rem ling To fill and grade <10,000 sq. ft. within 300 ft. of the Ordinary High Water Mark 745-386-4675 (OHWM) of Squaw Lake in the Shoreland District pursuant to Section 1 7.29.(2)(c) of the St. Croix County Zoning Ordinance. According to the plans you submitted, the proposed filling and grading will be necessary to demolish an existing cabin that is outside an averaged setback from the OHWM and rebuild over the same location. The project consists of demolition, excavation for a walkout foundation for new the structure, and building a new two-bedroom dwelling outside the averaged OHWM setback. The dwelling will be connected to an existing Private On-site Wastewater Treatment System (POWTS). Staff finds that the proposed activities meet the St. Croix County Zoning Ordinance and Shoreland District based on the following findings: 1. The property consists of a 1.8 acre lot, is zoned Ag/Residential, and is located in the Shoreland District of Squaw Lake, which is identified as an area of special natural resource interest (ASNRI) by DNR; 2. The existing cabin was built in the 1960's on a slab foundation, is outside the averaged OHWM setback per 17.31(3), and meets required side and rear yard setbacks from property lines; 3. The proposed reconstruction of the dwelling will expand the previous footprint, but will not encroach into the averaged OHWM setback, and the roof will not exceed the maximum height of 35 feet; 4. The applicant's plan included an erosion control and storm water management plan featuring rain gardens for infiltrating roof runoff. With conditions to install appropriate sediment control measures e.g. silt fence or sediment "logs" below the construction area, to maintain erosion control measures until self-sustaining ST. CRO1X COUNTY GOVERNMENT CENTER 1 101 CARMICHAEL ROAD, HUDSON Wi 54016 715386-4686 FAx PZ@CO. SAINT-CROIX. W1. US W W W. C O. SAI NT-C ROIX. W I. US 0 0 p e a ion is established on a is ur a areas, to pro i t establish and maintain a lawn, to implement the storm water management plan, and record a aintenance and monitoring agreement against the property for the infiltration basins, negative i pacts to the water quality of Squaw Lake will be minimized 5. The osed construction of house and garage will require <10,000 square feet of filling and grading out a averaged OHWM setback for excavation of the basement/foundation; 6. Th n of Star Prairie building inspector will review the submitted plans and land use permit prior to issu of a building permit for the town; 7. Steve Ison, Land & Water Conservation Dept., reviewed the House land use permit application and comp) d a site visit on 2/8/2010. It appears that the 35-foot vegetative buffer from the ordinary water m rk has been encroached upon. The LWCD recommends the applicant provide a veget a management plan to address this encroachment and provide screening for the res' nce. It appears some very large trees that currently provide screening will be impacted ng the construction process. All measures possible should be taken to protect their survival or replace them with native tree plantings. The application of fertilizers containing phosphorous must be limited to areas that do not drain directly into Squaw Lake. A more detailed design of proposed rain gardens is necessary to determine adequate volume in cubic feet (4000 sq. ft of impervious surface area requires 500 cu. ft. to infiltrate 1.5 inches of runoff). Details are needed for routing post-construction stormwater runoff to the rain gardens. The applicant shall record a stormwater operation and maintenance agreement on the deed to the property; he Wisconsin Department of Natural Resources has reviewed the application and will require a ding permit for land disturbance within 300 feet of the OHWM of Squaw Lake. The existing fire pits s n on the site plan will be removed as part of the project; 9. 1 onstructed as proposed, this project will meet the spirit and intent of the Recreational Residential oreland District. With conditions for erosion, sediment control, vegetation replacement, and long- rm stormwater management, it will not degrade the water quality or scenic value of Squaw Lake, nor ll it negatively affect the public health, safety and welfare of County residents. This la se permit approval is for filling and grading <10,000 sq. ft. within 300' of the OHWM, as indicated in the p submitted, and as provided in the conditions below: A Pri commencing construction, the applicants and/or their general contractor shall obtain any othe ermits required, including but not limited to a DNR grading permit and building permit from the of Star Prairie; Prio commencing construction, the applicants and/or their general contractor shall contact the Zon' Administrator and schedule an on-site meeting to review construction schedule and verify ins ation of erosion and sediment control measures as indicated in the approved plans. ediment and erosion control measures must be maintained until all disturbed areas are fully tabilized to protect Squaw Lake from contaminated runoff. No phosphorous fertilizers shall be ed on the disturbed areas of the site, unless a soil test confirms that phosphorous is needed to I blish permanent vegetative cover and must be limited to areas that do not drain directly into uaw Lake. Sr CRO1X COUNTY GOVERNMENT CENTER 1 101 CARMICHAEL ROAD, HUDSON, W1 54016 71X386-4686 FAX PZPCO. SAINT-CRO/X. W1. US W W W. CO.SAI NT-C ROIX. W I. U S L4. 'or to construction, applicants shall provide a vegetative management plan that specifies locations d species of replacement trees for screening of the residence from Squaw Lake. L/5. D construction the applicant and their contractors shall comply with all inspection requirements for t ilding construction and reconnection to the POWTS. v6. Th ed principal structure shall not exceed the maximum roof height allowed in 17.13, will re utside the average setback from the OHWM, and will meet the side yard setbacks required in 17 (1)(c). v The s mwater management and vegetation management plans must be implemented as part of the pr ct with infiltration structures installed per approved plans. Within 30 days of substantial comple n of the project, the applicant shall record an affidavit on the deed to the property that provi for long-term operation and maintenance of the runoff infiltration system and the ve ation management plan. Within 30 days of substantially completing the proposed house construction, the applicant shall submit to the Zoning Administrator certification from the contractor that the construction has been done in compliance with the approved plans. Photos of c mpletedstormwater management structures must be submitted upon completion. /O T k 9. All activities approved as part of this land use permit shall commence within one year from the date of approval and be substantially completed within two years, after which time the permit expires. rior to expiration, the applicant may request extensions of up to six months from the Zoning inistrator. The total time granted for extensions shall not exceed one year. This ap oval does not allow for any additional construction, grading, filling, or clearing of vegeta n beyond the limits of this request. Any remaining site work above and beyond what is identif' as part of this land use permit application shall be subject to the review and approval of the Zo g Administrator. It is yo esponsibility to ensure compliance with any other local, state, or federal rules or regulations that apply t is property. Your information will remain on file in the St. Croix County Planning and Zoning Depart t as a matter of public record b. Please feel a to contact me with any questions or concerns. Sincerely, , P...amel'a Q Zoning Sp' ialist as Zoning Administrator Enc: and Use Permit #LU0130 tormwaterNegetation Plan Affidavit form Cc: n Wert, Town of Star Prairie Building Inspector ve Olson, St. Croix County Land and Water Conservation Department CLLR ;06) > ST. CR01X COUNTY GOVERNMENT CENTER 110 1 CARM/CHAEL ROAD HUDSON W1 54016 715386-4686 FAX PZ@CO.SAINT-CROIX.W1.US WWW.CO.SAINT-CROM WI.US o C) • o C) a V o m 3 A ~ O OD ~ C - CL 510 • _ z oc CL - - V~ ELr 7 VCL m a ° fm* :r 0 o O n -v C R m m 3• n -v o ~ (ON a v• Q 111111 (1111 IIIII Illll (1111 Illll IIII 111111 Illl IIII 9 1 2 1 4 6 2 St. Croix County 912146 AFFIDAVIT OF STORM WATER BETH PABST MANAGEMENT & MAINTENANCE REGISTER OF DEEDS Document Number Document Title ST. CROIX CO., WI RECEIVED FOR RECORD 02/22/2010 08:55AM Real Estate Owner ("Owner"): ~i~,✓.,41/ AFFIDAVIT Local Municipality ("County"): St. Croix County, Wisconsin EXEMPT I REC FEE: 13.00 On this day of f 2010, the Owner(s) agrees to ensure PAGES : 2 that the storm water runoff management facility(s) and native vegetation Recording Area plantings located on the property described below continue serving their intended purposes in perpetuity in accordance with the storm water Name & Return Address: 3 management and vegetation management plans filed as a requirement of the land use permit File #LU0130 approved by the Zoning Administrator on Kenneth L. House 1818 February 19. 2010, a copy of which can be obtained at the St. Croix County Maplewood, M, MllN 55109 Planning and Zoning Department. Parcel No. 038-1037-10-000 This Affidavit applies to the following real estate, herein referred to as the "Property": As described in Document #378804 Vol. 640 Page 426 and attached legal description "Exhibit A" Through this Affidavit, the Owner hereby subjects the Property to the following covenants, conditions, and restrictions: 1. The Responsible Party shall be responsible for the routine and extraordinary maintenance of the storm water management facility(s) and native vegetation plantings in accordance with the operation and maintenance agreement on file at the St. Croix County Planning and Zoning Department. 2. The County, or its designee, is authorized to access the property as necessary to conduct inspections of the storm water management facility(s) to ascertain compliance with the intent of the storm water management plan and the practices and procedures prescribed in the operation and maintenance agreement. 3. Upon notification to the Responsible Party by the County of maintenance problems that require correction, the specified corrective actions shall be performed by the Responsible Party within a reasonable time frame as set by the County. 4. The County is authorized to perform the corrective actions identified in its inspection report or its notice if the Responsible Party does not make the required corrections within the specified time period. The costs and expenses of such corrective actions shall be the responsibility of the Responsible Party. 5. The terms and conditions contained in this Affidavit shall run with the Property and be binding upon the successors and assigns of the parties to this Affidavit. Upon the conveyance of the Property by the Owner or by any of the Owner's successors in title to the Property, the grantor of the Property in any such conveyance shall be relieved of the obligations provided for herein. Dated as the first day written above. Owner Signature(s): Owner Name(s) Typed Here: JJ,E.tr -6A h{qm ~ STATE OF WISCONSM) :ss Acknowledgement County of St. Croix) y( f Personally came before me thisay of r , the above named 7l L • ~t7Q ~I be the person(s) who executed the foregoing instrument td acknowledged the same. eflne to me known to Notary P t. roix Cou , My : N t - This document was drafted b ~ +"THIS PAGE IS PART OF THIS LEGAL DOCUMENT - DO NOT REMOVE" This information must be completed by submitter: document title. name & return address and EIN (if required). Other information such as the granting ftfe2 legal description, etc. maybe placed on this first page of the document or maybe placed on additional pages of the document. Note: Use of this cover page adds one page to your document and $2.00 to the recording fee Wisconsin Statutes. 59.517.