HomeMy WebLinkAbout040-1165-95-000 (2)
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PLANNING & ZONING
November 14, 2008 File#: LU0113
Cheryl D. Adkinson SFILE Copy
600S.2 nd Street, #406
Minneapolis, MN 55401
l
Re: Adkinson Land Use Permit
Alter an existing nonconforming principal structure in the Lower St. Croix
Code Administration Riverway District
715-386-4680 Parcel #26.28.20.638E, Town of Troy
Land Information Dear Ms. Adkinson:
Planning
715-386-4674
This letter confirms zoning approval according to plans submitted by Ogden
Real Prope I Engineering Co., Contractor, on October 21, 2008 for the following activities that require
715-386 677 a land use permit:
Rd'F386-4675 ling To structurally alter an existing nonconforming principal structure in the
Lower St. Croix Riverway District in the Town of Troy pursuant to Section
17.36 1.2.c and 17.36.1.2.d of the St. Croix County Zoning Ordinance.
According to the plans you submitted, proposed construction consists of the addition of
dormers on the second floor of an existing non-conforming structure. The dormers
would not increase the height of the existing roofline.
Staff finds that the proposed activities meet the St. Croix County Zoning Ordinance and
the Lower St. Croix Riverway District based on the following findings:
1. The property consists of -2 acres, is zoned Ag/Residential, and is located in the
Rural Residential Management Zone of the Lower St. Croix Riverway District;
2. The existing principal structure is more than 200 feet from OHWM of the St. Croix
River, but less than 40 feet from the bluffline, which makes it a nonconforming
" principal structure;
3. Structural alteration of nonconforming principal structures is allowed with a land
use permit if the reconstruction is within the same footprint as the existing structure
and, if required, a mitigation plan is submitted pursuant to Section 17.36 1.2 of the
Ordinance;
4. The proposed structural alteration to the principal structure will be located over the
existing foundation and will not enlarge the footprint or exceed the height of the
existing structure;
5. The proposed alteration to the principal structure will not require filling and grading
and will not add impervious coverage to the site since the dormers will be located
over the existing foundation
ST. CROIX COUNTY GOVERNMENT CENTER
1 10 1 CARMICHAEL ROAD, HUDSON, W1 54016 7153864686 FAX
PZ@CO. SAINTCRO/X. Wt. US W W W . C O. SAI NT-CROIX. W I. US
"r
not limited to oblaIning a own ui ding permit, Coun y sanarypermit, and
required by the Wisconsin Department of Natural Resources.
Please feel free to contact me with any questions or concerns.
Sin el
Pamela Quinn,
Zoning Specialist as Zoning Administrator
Enc: Land Use Permit #LU0113
Cc: Clerk, Town of Troy
Steve Cason, St. Croix County Land and Water Conservation Department
Carp.ie Stoltz, Wisconsin Department of Natural Resources
James Filkins, Ogden Engineering Co., Inc.
i
d
ST. CRo1X COUNTY GOVERNMENT CENTER
1 10 1 CARMICHAEL ROAD, HuosoN, W1 54016 715386,4686 FAA
PZCDCO.SAINTCROIX.WI.US WWW.CO.SAINT-CROIX.WI US
y.
6. T isconsin I eppartmerio aura Zesources has been sent a cop
t t a land use permit may be issued. The dormer window addition does not increase the footprint of
t e structure. No grading is to be done, therefore no chapter 30 permit is needed.
7. The 'St. Croix County Land and Water Conservation Department has reviewed the plans and has no
comments on this project.
8. 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 approval is for the alteration of a nonconforming principal structure, as indicated in the plans submitted,
and as provid in the conditions below:
1. The applicants shall contact the Zoning Administrator prior to commencing construction and when
the construction has been completed.
2. Prior to commencing construction, the applicants shall submit a Compliance Deposit in the amount
of $350 to be held by the Zoning Administrator until all conditions have been completed and
approved, at which time it will be refunded in full pursuant to Section 17.36 J.8 of the Ordinance.
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3. The finished principal structure alteration shall not exceed the roof height of the existing structure.
4. All siding, shingles, trim, and other appurtenances of the structure, including the roof, shall be earth
tone in color and of a non-reflective nature (except for windows) so as not to be visually
conspicuous from the St. Croix River pursuant to Sections 17.36 G.5.c.2)a) and 17.36 H.1 of the
Ordinance.
5. ithin 30 days of substantially completing the proposed alterations, the applicant shall submit to the
toning Administrator certification from the project engineer or architect that the alterations have
been done in compliance with the approved plans, as well as photos of the completed construction
as viewed from all angles, including from the bluffline and the river.
6. 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
pursuant to Section 17.36 J.7 of the Ordinance. Prior to expiration, the applicant may request
extensions of up to six months from the Zoning Administrator. The total time granted for extensions
shalt not exceed one year.
7. Failure to comply with the conditions above may result in the revocation of this permit pursuant to
Section 17.36 J.8.b of the Ordinance.
This approval does not allow for any additional construction, grading, filling, or clearing of
vegetation beyond the limits of this request. Any remaining site work above and beyond what is
identified as part of this land use permit application shall be subject to the review and approval of
the Zoning Administrator.
Your information will remain on file in the St. Croix County Planning and Zoning Department. It is your
responsibility
to ensure compliance
with an other
any local, state, or federal rules or regulations, including but
ST. CROIX COUNTY GOVERNMENT CENTER
1 10 1 CARMICHAEL ROAD, HUDSON, W1 54016 715-386-4686 FAX
PZPCO.SAINT-CROIX.WI.US WWW.CO.SAINT-CROIX.WI.US
TOWN fi TROY RECEIVED
654 Glover Road, Hudson, W154016 Nov L 1 Z008
Phone: (715)425-2665 Fax: (715)425-2551
S1'. CROIX COUNTY
ZONING OFFICE
November 20, 2008
Mr. Robert Baczynski
WIDNR
890 Spruce Street
Baldwin, Wl 54002
Re: Riverway application/public hearing for reconstruction or expansion in a non-conforming area -
Cheryl Adkinson, 183 Glenmont Rd
The following comments and decisions were made by the Plan Commission and Town Board at their
November meetings. Please retain this document, along with previously provided materials, for your
files.
Public hearing and Plan Commission Comments of November 6, 2008
Rob Jones explained that this agenda item is for a structural alteration in a non-conforming area.. The
applicant is proposing to construct 2 dormers on the second floor of an existing house. The concept
review was in September and at that time the applicant was asked to provide the following:
• A vegetative management plan or a document stating that no vegetation will be removed.
He recommended that the applicant also submit photographs of the site clearly showing
the existing vegetation.
• The submittal of a scale architectural drawing.
He stated that the applicant has provided both.
Louie Filkins, Ogden Engineering, handed out packets that included photographs of the site along
with site plans. He said that the plan calls for the construction of two dormers, on each side of the
home, that will begin at the roof line and extend to the outside wall. He stated that these dormers will
not add any square footage. He went on to say that the photos show the lot is heavily vegetated with
mature trees and they will all remain.
Ray asked if the Plan Commission had any further questions for the applicant or the Town Engineer.
As there were none he opened the public hearing for a riverway application for reconstruction or
expansion in a non-conforming area, Cheryl Adkinson, 183 Glenmont Rd When no one came
forward Ray closed the public hearing.
Jan Cuccia moved that the Plan Commission recommend approval of the riverway application
for reconstruction or expansion in a non-conforming area for Cheryl Adkdnson,183 Glenmont
Rd, taking into consideration that she has submitted a vegetation management plan indicating
that there is no vegetation to be removed, and that she has provided the scale drawings
requested, and further taking into consideration the preservation of the view and use of the
river, the maintenance of safe and healthful conditions, the prevention and control of water
pollution, the location of the site in respect to floodways, flood plains, sloped preservation zones,
and blufflines, the erosion potential of the site, the impact on terrestrial and aquatic habitat, the
location of the site in respect to existing or future roads, the adequacy of proposed wastewater
treatment and the compatibility with adjacent land uses. Paul Mahler seconded.
Bob Rolle asked if the County indicated that the septic was conforming. Louie Filkins said they have
not heard back from the County yet. Ray Knapp asked that the minutes reflect the Plan
Commission's concern that the County verify that the septic system will meet the needs due the
expansion of the home.
Motion passed, all in favor.
Town Board Minutes and Motion of November 13, 2008:
Rob Jones, Cedar Corp., explained that this is riverway permit hearing, it has been through a
concept review, site review and permit hearing at the plan commission. The plan commission has
recommended approval for a structural alternation in a non-conforming area. This project
includes the installation of two dormers which would protrude from the existing roofline and does
not change the footprint or the vertical height of the building. No vegetation will be disrupted, no
impervious surface will be added and there won't be any change in drainage. All requested
documentation has been received and Cedar Corp. is recommending approval of this application.
Louie Filkins, Ogden Engineering, concurred that the dormers would not be higher than the
existing roof, no square footage is being added to the structure and no vegetation will be
removed.
R. Knapp opened the public hearing. After no one came forward to speak, the public hearing was
closed.
J. Cuccia moved that the Town Board approve the Lower Saint Croix Riverway application for
reconstruction or expansion in a non-conforming area for Cheryl Adkinson, 183 Glenmont Rd,
taking into consideration that she has submitted a vegetation management plan indicating that
there is no vegetation to be removed, that she has provided the scale drawings of the proposed
construction, and that this application also meets the following requirements; (1) the proposed
construction will not create an unsafe or unhealthful condition, (2) it prevents and controls water
pollution, (3) the location of the home in respect to floodways, flood plains, slope preservation
zones, and bluff lines is allowable, (4) erosion potential of the site has been addressed, (5) there is
no impact on terrestrial and aquatic habitat, (6) there is no impact of the site in respect to existing
or future roads, (7) there will be review by St. Croix County certifying the adequacy of the
wastewater treatment system, (8) it is compatible with adjacent land uses and (9) there is
preservation of the view and use of the river. The applicant must also obtain any required County
approvals before beginning construction. Seconded by D. Pearson. 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: St. Croix County Zoning
Cheryl Adkinson
Brian Wert
Excerpt from Town of Troy Town Board meeting November 13, 2008:
RIVERWAY APPLICATION/PUBLIC HEARING FOR RECONSTRUCTION OR
EXPANSION IN A NON-CONFORMING AREA - CHERYL ADIINNSON, 183
GLENMONT RD. - Rob Jones, Cedar Corp., explained that this is riverway permit hearing, it
has been through a concept review, site review and permit hearing at the plan commission. The
plan commission has recommended approval for a structural alternation in a non-conforming
area. This project includes the installation of two dormers which would protrude from the
existing roofline and does not change the footprint or the vertical height of the building. No
vegetation will be disrupted, no impervious surface will be added and there won't be any change
in drainage. All requested documentation has been received and Cedar Corp. is recommending
approval of this application. Louie Filkins, Ogden Engineering, concurred that the dormers
would not be higher than the existing roof, no square footage is being added to the structure and
no vegetation will be removed.
R. Knapp opened the public hearing. After no one came forward to speak, the public hearing was
closed.
J. Cuccia moved that the Town Board approve the Lower Saint Croix Riverway application for
reconstruction or expansion in a non-conforming area for Cheryl Adkinson, 183 Glenmont Rd,
taking into consideration that she has submitted a vegetation management plan indicating that
there is no vegetation to be removed, that she has provided the scale drawings of the proposed
construction, and that this application also meets the following requirements; (1) the proposed
construction will not create an unsafe or unhealthful condition, (2) it prevents and controls water
pollution, (3) the location of the home in respect to floodways, flood plains, slope preservation
zones, and bluff lines is allowable, (4) erosion potential of the site has been addressed, (5) there is
no impact on terrestrial and aquatic habitat, (6) there is no impact of the site in respect to existing
or future roads, (7) there will be review by St. Croix County certifying the adequacy of the
wastewater treatment system, (8) it is compatible with adjacent land uses and (9) there is
preservation of the view and use of the river. The applicant must also obtain any required County
approvals before beginning construction. Seconded by D. Pearson. Motion passed, all in favor.
BOARD OF ADJUSTMENT DECISION
Reque6t o6 M.ichaee W.iken Son a 6peciae)
exception u6e, A4ticee 3.12 5.3, Set- )
back 6n.om the blu66t ne, ST. CROIX ) A-40-86
COUNTY ZONING ORDINANCE. Location: ) Joey 22, 1986
SE-14 o6 the SE', o6 Section 26, T28N- )
R20W, Town o6 Tuy. )
The St. Cn.o.ix County Board o6 Adfu6tment conducted a public heahi.ng on
Tue6day, July 22, 1986 to con6.ideA the a.eque-6t o6 Michael W-iken bo,% a bpec.iae
exception u6e, Anticee 3.12 5.3, Setback bon the blu66tine; ST. CROIX COUNTY
ZONING ORDINANCE.
The St. Cu ix County Booed o6 Adju6tment conducted an on site in6pection
o6 the bite in queztion.
A6teA inspection, the St. Cao.ix County Board o6 Adfu6tment entered an
executive .6e66.ion to d .6cu66 the %equest.
A6teA n.etunning to open .6e66.ion, the 6ottow.ing deci6.ion wa6 nendeAed:
Motion by Supen.v.i6on Swei tzen. to approve the %eque6.t to con6tAuct a
cottage in the Game location a6 the phesent 6-tAu tune. The cottage 6ha t be eal th
tone in colon.. Seconded by Supehv.i,6o& Kinney. Motion ca4 ied.
Vote to approve: Swe.itzen, Ye6;
Meinke, ye6;
Kinney, ye6.
Att van ianceb approved mu6t be acted on on con6tAucted within one ye at
6nom date o6 approval o6 they 6hatt be nut and void.
4zeA. Secce
St. Cno.ix County Board o6 Adjustment
ES: HB: m1
tic a .c en
Town Clerk
Jake VandeA Voont
Steve Johnson
R.ichaAd Thomp6on
State of Wisconsin DEPARTMENT OF NATURAL RESOURCES
est Central District Head uarters
1300 West Clairemont Avenue Carroll D. Besedhy
Call Box 4001 Secretary
Eau Claire, WI 54702-4001
June 2, 1986 File Ref: 3590-8
Mr. Michael Wiken VIA
12 Oliver Avenue South ~y
Minneapolis, MN 55405
Dear Mr. Wiken:
On May 29, 1986 I inspected the proposed modifications you plan to make
on your cabin which is located within the Lower St. Croix Riverway
zone. It appears that the proposed modifications comply with the
riverway zoning ordinance.
I would have no objection to your dismantling the cabin and placing a
new foundation underneath it, provided the cabin is reconstructed to
its present size limits and is painted in an earth tone color. You
will still need a permit from St. Croix County to complete this work.
If you have any questions about this matter, please contact me at
715/839-3751-
Sincerely,
Jake VanderVoort
Lower St. Croix Coordinator
cc: T. Roberts
Harold Barber, Zoning Admin., Zoning Office, Hammond, WI 54015
: Steve Johnson, MWBAC, 619 2nd Street, Hudson, WI 54016
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REGISTER OF DEEDS
S7. CROIX CO., YI
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RECEIVED FOR RECORD
04-22-2002 9t39 All
Prfai.~ fv • yi QUIT CLAIM DEED
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PAGESr 4
QUID' CLAIM DEED
Dated as of dacwa~y 2002
FOR VALUABLE CONSIDERATION, Cheryl Dawn Adkinson, a single parson,
Grantor, hereby conveys and quitclaims to Cher-/I Dawn Adkinson and Michael J.
Barrett, Trustees of the Cheryl Dawn Adkinson Revocable Trust U/A elated August 25,
1997, Grantee, real property in St. Croix County, Wisconsin, described as follows:
See Exhibits attached hereto
together with all hereditaments and appurtenances belonging thereto.
Tax No. 040-1165-95-000
040-1166-80-000
040-1165-60-000
040-1155-50-000
Exempt under SEC 77.25(16)
Che l Dawn Adkinson
Q?/26/2008 THU 14j j6 FAX 715 406 3617 FT QKVIA VV t1kjV Vr' uneuo - VVUCr QW-lif vv;d
13 Z 6 7-5 P...: S 7 8 .r..e.r. ;L,~~.,Y}~
rot '['?if FAVf t17C~ ' J
Part of Gri-grnntflt• 1.7t 2 of Seltvlo" 20. :0--1OSIP 28 NortrJ h. R..n¢^ 36 ileac.
5t• Croix County. F'istor.sin dwacribe:! as follows= Fro^ tM1r. Southeast eornsr r
of said Gcvtrnment LO% 2 go Feat alon6 tse South line of Iovernment Lot 2 s y
distance of 627.0 feet: - thence H26000• west a ditance North13-000'fi/est
:hence South 70020' Vast a distance of 122.00 feet: t200
12,00 feet: thence North 70e2n' Tas: 122.00 fast: thcnee South 24600' Lrasi;
a diatnnee of 125.00 feet to pol"t of beFinnjna }
Part of Go.•ermm~er.L Lot "a" of Section 26-25-20 desGrittd as follows:
Cgr_nenolHg at a point 620 feet Nest. of SW corner of NW1r44 of Section 25-2e-
20: thence H261OW 217 fer_t; shence S70020*w 202 feet: thence 5260E 146 rcet:
thence East to Point of seginnina.-
part of Gove.rrnen:. Let •'1" ca 5ac7-:on 26-28-20 dtdaribed as follows:
S,cdimring at Vto tr.trrsection of Northern boundary o! slid covermMent Lot
with Gle,nmont-River falls road: t?^ince West along said. lot bouhdary to the
St. Croix River: tht ace in a straight llhr along the shire of 'the 5g. Croix,
River ■t normal low eater l50 fe-t: thence by zt.-aight lir- to Point of
Seginnine. inclu4 n6 shore and riparian ric$,Lts along tbe.'shorc deaertbed.
?art of Goverment Get.-2- of Section 26. Township 28 north, rsnge 20 West.
St- Croix County, la'ideonstn described as follows' co::-nencir•g at the East 1:4
corner of slid Se_ticn 26: thence Se8o11.03"a along the Szp,4th lice of sat= .
Govcrrrnent Lot 2. 613.82 feet: thence N25000'00-W 2,34.64 feet: thence
570x20,00 "W 122.00 feet to the golmL of bt&inr%zrg of this 4e3eriptiec!
N26000'00"N 250.0 feet: thtnct S64100'Oc"W 00.0 feet:,? thence S2E000100'=
240,0 feet; thence N71007'30"E 60.62 feet to the point ,of be6i.nning.
Toscther wlti, the right of yerpcvzal easement to cross the land formerly
owned by Ole r rson Fo33ing to Lake St. Croix,
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State of Acme taa )
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County of oR )
The foregoing instrument was acknowledged before me this day cf
Y , 2002 by Cheryl Down Rdkinson, a single person.
wvw ■
ANDERSON
KRSfN J•
AMIN, NVAM PU=-W&IMOT4
Ir{~~~!j/l! rrY
WCOKa+ SMNE1W1RES Notary Public
JAN U4W St, 20[15
it s
This instrument was drafted by: Real Estato Tax Statements to be sent to,
Real i~stata Specialties Cheryl Dawn Adkinson Revocable Trust
685 Heinel Drive 500 2"d St_ S #5406
Roseville, MN 55113 Minneapolis, MN 55402
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VIt 'cY/ZV Va '1'pV 14k i30 FJJA /i7 ~-:s ♦tpr oa vnv+•+ v'.• ruv vt• u.+u .a,. vv«.... qy,.
VOL i ~flPAU
gx~aiatT '•b".
th5n6p„ G c
Hart of COvvz-.ne. Lot "2" of SaCtLOn 26. Tow-.%hLp 28 North, Rarjic 20 Wiest, St. eroi>
Cot,ney, W&aeonsiq dtscribed as felloys Cerlncrtei-6 623.3 :Oct r ^i=a 211.0 last f';aa
5t corner of said Cvvaroz„sent Lot "2" and y26OW 125.0 fee: to •ict ct ~ci:rr,t:.;: tt•.snee
570010'14 122.0 feet- thence a2'v°•+ 125.0 fe_tt chance 3':0.-' 53.0 :ca t tre=e S`a60E to t}+a
5 line of Govaraaent Lot "2", 388.0 114e1; ChenCe W sling .,.a . line :a t:,t ntanner 2Lr.e
at L4ke St. Croix; t" nee x along intro meander trot t•a a 70ict L2LSZh is S"7020'« 3:5,2
feet an: N21o34`W 267.3 feet and ti30010,w 378.5 feat and t: b2 S.3 -`eel t:o- 5£ of
said Governaent Lot "2"; thence t:77021'9 168.2 tear 10ti to teacerL:ne of Cie--ow.
No ad: Cttsnes SEly al4r.; .aid csntcrlini of Salo read to pe'-nt y~ii"•=-..
s.YCC*'f Commencing 62).0 f ire 41: t*ance N 2G°'J 217.0 tees: thence 573a20'W 022-0;, thattee i•
N 26°+! 250.0 fast and $67 30'W 309.0 feet fro-, S~- corr.:,- at sate Ga:ec--snc Lot beS,cj
pl.aea of b,c3tnnins for this except!ea: thence :E7030': 75.0 feat: :'.e-.:e 515°1}'E 155.0
fret: thenKC 557130'W 70-0 feet; thence ly on .ha-e of GiFS S:, C0.1% to tl.= Pois%: of
bejlRwirj. •
AND EXCEPT Coa~eacLn; at the SC COTnar of sail Govt=~•sa:'-at t=.eacs W along the
line of said Cove mment Let "2". 613.0 teat: thence ic30a30'0: 176-5 feet; CT.tacs N2103t'W
along the ctn.erlinc of s Town Raad, 119.3 feet; ths,tce 577°21'+ 205.$2 fret to potnC 9t
be$innir+g; thence, 577021'W 142,93 fast to x ,nainC on the bluff 4SYaVd Lai.e St. Croix and-
the slander ILr.a along Che bluff lint; the=ca 50»°f 5'»7,•~ 151.71 ss_ alone esid aesadar
41905 the blvft line- chenca 537933'6 L23.10 feet. C;~eres 135.43 fea: to paint;-
99
TOC'ErrEX WrTN sa sase-eat evar the sir 6 fete of tSe aaconi Ces.ribe_ ex:cpci.a- fora
Walkvay re she shara of Lake St. Croix.
l~SO TdGETttglt WXTI? an eastment for 11\3re+s and egress a.s Cezc:'0e4 LnUaezanty"vetA..'dated
~JCtaScr 27~ 1$18, recoeded tray 16, 1979 in Vol. 543. Page 5'!:. LLC, No. 355561. \
vl osa ceatetl»nc 3s dsseribad as follow: Cc,mCncin& at toe 5- C.:rvz of said Govs:nac t
Loe "2 thtnes t 6Z3.0 :eat; tha^ce ri30010'W 375.3 <cct; e.lenre t11°34'V slang the ccntty-
line of s Town Read 316.3 fcet to the pvint of begLtming; _l-ants S;,r0i':t 150.0 Emmet: xhCnc
506°29'14 188.7 fact and Che tcr~tnatian of slid e4L6t^cnt-
9U5. v~C'i i0 road right-of-way and 0arcmants of record. bu: chtz i.: nzi insen'sd to constity:
a: erte:,.?t o= :cravat Cf any easaa+aat o',C- :he pTaprrty tars:-tf.w `.=_Tai:-.
Eviia1T "3"
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