HomeMy WebLinkAbout030-2068-60-000(3) ST. CR O I k NTY Land Use
Planning&Land InFormation
/ 4'{'(11S Ijj' Resource Management
Community Development Department
September 6, 2013 File#LU88004
Daniel Hegman
193 Riverview Acres Rd.
Hudson, WI 54016
Re: Reconstruct a deck attached to conforming principal structure in the Lower St. Croix
Riverway District
Parcel#35.30.20.609U, Town of St. Joseph
Address: 193 Riverview Acres Rd.
Dear Mr. Hegman:
This letter confirms zoning approval of plans submitted on August 13, 2013 for the following
activities that require a land use permit:
To replace an existing deck (accessory structure) attached to a conforming principal structure in
the Lower St. Croix Riverway District pursuant to Section 17.36 F.2.a.1 of the St. Croix County
Zoning Ordinance.
According to the plans you submitted, the proposed project consists of replacing a deteriorated
deck that is attached to the house with one that meets today's UDC standards and which will be
in the same approximate footprint as the existing accessory structure.
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 located at 193 Riverview Acres is a non-riparian lot, is zoned
Ag/Residential, and is in the Rural Residential Management Zone of the Lower St. Croix
Riverway District;
2. The existing principal and attached accessory structures are located more than 200 feet
from OHWM of the St. Croix River, are not visible from the river, are >25' to any lot line,
and are more than 40 feet from the nearest bluffline, thus are being considered by this
department as conforming structures. Per definitions in both NR 118 and county
ordinance Section 17.09.23. "Bluffline: A line along the top of the slope preservation
zone. There can be more than one bluffline." Slope preservation zone, as defined in NR
118.03(41) and county ordinance Section 17.09.212 is "The area riverward from the
bluffline where the slope towards the river is 12% or more, as measured horizontally for
a distance of not more than 50 feet or less than 25 feet." Riverward is not defined in NR
118 or county ordinance, however a dictionary definition is "toward or facing a river" and
toward is defined as "in the direction or vicinity of'. Steep slopes that do not face or are
not "toward the river" are not by definition slope preservation zones and therefore the top
of those slopes are not blufflines. The rear of the Hegman's house is near a ravine with
steep slopes that are not in the direction of and do not face the river and therefore are
Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, W154016 Fax 715.386.4686
www.sccwi.us/cdd www.facebook.com/stcroixcountyw cdd @co.saint-croix.wi.us
Community Development Department page 2
not considered slope preservation zones, so there is no bluffline setback requirement for
reconstruction of the existing deck;
3. Reconstruction of conforming principal and accessory structures is allowed with a land
use permit pursuant to Section 17.36.F.2.a.1 of the Ordinance;
4. The proposed replacement of the deck will be located over the existing footprint with a
minor change to straighten one angle on the outside edge (see plans);
5. The proposed deck replacement will not require filling and grading and will not add
impervious coverage to the site;
6. Mike Wenholz of the Wisconsin Department of Natural Resources was sent a copy of
the application via e-mail attachment on August 20, 2013 and his comments were
received August 29, 2013. Mike does not agree with Finding #2.
7. On September 4'h, Kevin Grabau, CDD Land Use Administrator and Dan Sitz, Land Use
Technician made a site visit and photographed the existing structures to document and
support Finding #2.
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 reconstruction of a deck attached to a conforming principal structure, as
indicated in the plans submitted, and as provided in the conditions below:
1. Prior to commencing construction, the applicants must obtain any other local or state
permits or approvals.
2. The finished accessory structure (deck) shall not exceed the dimensions shown on
approved construction plans.
3. The applicants shall notify the Zoning Administrator when the construction of the deck
has been completed and provide photos of the completed construction as viewed from
all angles.
4. Within 30 days of substantially completing the proposed reconstructed deck, the
applicant shall submit to the Zoning Administrator certification from the contractor/agent
that the construction has been done in compliance with the approved plans.
5. 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 shall not exceed one year.
6. 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.
Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, WI 54016 Fax 715.386.4686
www.sccwi.us/cdd www.facebook.com/stcroixcountyw cdd@ co.saint-croix.wi.us
Community Development Department Page 3
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 any other local, state, or federal rules or
regulations, including but not limited to obtaining a town building permit, County sanitary permit,
and any permits that may be required by the Wisconsin Department of Natural Resources.
Please feel free to contact me with any questions or concerns.
N
aa Quinn
Land Use & Conservation Specialist
cc: Todd Dolan, Town of St. Joseph Building Inspector
Mike Wenholz, WI DNR Shoreland Zoning
Kevin Grabau, CDD Code Administrator
Enclosure— Land Use Permit card
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Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, W154016 Fax 715.386.4686
www.sccwi.us/cdd www.facebook.com/stcroixcountywi cdd @co.saint-croix.wi.us
Pam Quinn
From: Pam Quinn
Sent: Thursday, September 12, 2013 5:02 PM
To: danielhegman @att.net
Cc: Jim @bartoncs.com'; Kevin Grabau; Ellen Denzer
Subject: Deck replacement for Hegman at 193 Riverview Acres Rd.
The DNR has raised an objection against our determination that the area behind the Hegman's house should not be
considered bluffline and slope preservation zone. Therefore,the land use permit to replace the deck has been
temporarily put on hold. We are in the process of scheduling a meeting between our department and the DNR folks to
work through differences in interpretation of NR 118 and county zoning ordinance language that guides us in
determination of conforming versus nonconforming structures in the Riverway. It could be a couple weeks before we
can get everyone's schedules to line up. In the meantime, it may be worthwhile to prepare a variance application and
submit it on or before October 7 t deadline for the November Board of Adjustment hearing. We will apply the cost of
the land use permit ($350)towards the$900 fee. If it turns out we can issue the land use permit,the variance can be
withdrawn and the extra fee refunded. I'm sorry for the delay and inconvenience,
Pam Quinn, Land Use Specialist (PO W7S)
St. Croix County Community Development Dept.
not Carmichael Road
Hudson, 1NI 54o16
715-386-468o
pam.quinn e,co.saint-croix.wi.us