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HomeMy WebLinkAbout022-1038-60-000(2) 00Z - 10 38 - (4-• - l8, Z13 bag - 7 0-6X b ZONING ACTIVITY WORKSHEET I g 2-/SD Parcel#: _ 18 ZI(oA Property ID #. Municipality: �- property Address: — Owner Name: N Other Interest: Other Interest: Activity: Special Exception Variance Rezonement Request Date: - -7 --C) 0 Acres: Zoning District: A2 AG A/R RES COM � Past Zoning: A2 AG A/R RES COM IND Overlay District: SHORELAND WETLAND FLOODPLAIN RIVERWAY NONE �Xe� Type of VariancelSpecial Exception: U c , Ordinance Citation: Ordinance: ZONING > SANTTARY SUBDIVISION Conditions: Decision: APPROVED DENIED wITHDRAwN Date of Decision: Notes: Hardshi Conditions Support Linked to Rezoning Objections p - T I SIS of Wisconsin 1 DEPARTMEN-W NATURAL RESOURCES West Central Region Headquarters Tommy G.Thompson,Governor 1300 W.Clairemont Avenue . ._ti George E.Meyer,Secretary PO Box 4001 WISCONSIN Scott A.Humrickhouse,Regional Director Eau Claire,Wisconsin 54702-4001 DEPT.OF NATURAL RESOURCES Telephone 715-839-3700 FAX 715-839-6076 TDD 715-839-2786 February 22,2000 Steve Fisher,Zoning Director St.Criox County 1101 Carmichael Road Hudson,WI 54016 / Subject: Zoning Requirements for Habitat Projects Dear Mr.Fisher: We are writing this letter to summarize our meeting February 18,2000 on the above subject. There was agreement between the Counties Corporation Counsel,Greg Timmerman and Department legal staff Marcia Penner that the Department is not required to obtain zoning permits for habitat projects as we were proposing for the Kinnickinnic Fishery Area and the fishing easement property owned by Charles Andrea. The procedure agreed upon for these project would be that the Department would give written notice to the County Zoning office that would provide a narrative description of what would be done,who would perform the work,name a contact person,and give time frames for the physical work to be completed. A map would also be provided to outline the project area. A copy of this notice would be provided to the county Land Conservation Department and their watershed planner. A copy would also be provided to the local Township for information. This notice will be provided at least two weeks before the habitat work would begin. If any county staff would have comment or suggestions about the project,they would bring this directly to the named contact person who would then consider this input in the project implementation. In light of the above agreement,we are formally withdrawing the applications for Special Exception Permits on the Charles Andrea property and the Kinnickinnic River Fishery Area. Please consider the information provided in the above applications as the notice described above. These projects will begin February 28,2000 and will be completed by May 1,2000. We thank you for your cooperation on this issue. If you have some other understanding or would like to have some other step added to the notice procedure please contact us at 715-839-3700. Sincerely, n Robert Michelson = ohn Paddock Lands Team Leader ✓Waters Team Leader Quality Natural Resources Management Through Excellent Customer Service P 1 State of Wisconsin \ DEPARTMENT OF NATURAL RESOURCES �^ 101 S.Webster St. Tommy G..Thompson,Governor Box 7921 { �- George E. Meyer,Secretary Madison,Wisconsin 53707-7921 WISCONSIN Telephone 608-266-2621 DEPT.OF NATURAL RESOURCES FAX 608-267-3579 TDD 608-267-6897 February 1,2000 Steve Fisher,Zoning Director 0 St. Croix County w"� 1101 Carmichael Road 7 Hudson,WI 54016 Greg Timmerman, Corporation Counsel St. Croix County v ; 1101 Carmichael Road Hudson WI 54016 J � Subject: Vegetation Cutting in the Shoreland Zone on the Andrea property and DNR property Gentlemen: We are writing this letter because we are concerned about the status of two DNR applications for Special Exception Permits. These applications were submitted recently and have not been acted upon because of a request that we pay application fees. One application is for Department fisheries staff to cut vegetation along the Kinnickinnic River on the Charles Andrea property. The Department has a fisheries management easement on the Andrea property. The terms of this easement allows for public fishing as well as stream maintenance and habitat improvement. We had planned on doing this management enhancement this winter. The landowner is supportive of the Department's proposed management activities. Apparently,while DNR has applied for a conditional use permit from the County for this activity,the County has refused to act on the application without submission of the$400 application fee. Department Lands staff submitted the second application. The Department's wildlife management staff plans a similar project for the nearby State of Wisconsin Kinnickinnic Fishery Area. This project will shear a corridor of undesirable woody vegetation about 200 feet wide and /2 mile in length along the Kinnickinnic River. Our wildlife biologist has prescribed the clearing to enhance the natural plant and animal communities that occupied this prairie prior to the area's settlement. The clearing is scheduled for this winter to minimize erosion and support grassland restoration. The Department provides numerous similar habitat enhancement services to public lands and where we have management easements in St. Croix County each year. Our grassland habitat restoration projects have widespread public support and have already undergone an extensive public review process(of which St. Croix County had an opportunity to participate). Under s. 13.48(13), Wis. Statues,every building, structure or facility that is constructed for the benefit of or use of the state or any state agency shall be in compliance with all applicable state laws and rules but the construction is not subject to the ordinances or regulations of the municipality in which the construction takes place,except zoning. In both instances,DNR is not applying to build a structure or Quality Natural Resources Management Through Excellent Customer Service Printed on Recycled Paper building but is seeking a special exception permit to conduct cutting along a riverbank to improve fish habitat in the river on the Andrea property and to remove woody vegetation on the property owned by the State of Wisconsin to re-establish the prairie vegetation that existed prior to settlement. The Attorney General issued an opinion regarding the applicability of s. 13.48(13), Statues,to this type of DNR project. In the Opinion,dated June 30, 1993, (copy attached),the Attorney General points out that prior to amendment of this law in 1973,the state was not subject to local zoning regulations. The Attorney General further states that it is his opinion that the state never surrendered the state's common law immunity from zoning with respect to state construction of recreational facilities for the use and benefit of the general public, since such construction is not clearly for the benefit or use of the state or an g p � Y Y state agency, board, commission or department. Rather than repeating the Attorney General's reasoning, I refer you to the attached copy of the opinion. Based on this Attorney General's Opinion,DNR's policy has been to inform the municipality of our plans and to comply with the substantive provisions of the municipal zoning ordinance to the maximum extent possible. However,DNR does not believe that it is required to obtain municipal zoning permits or pay permit fees when conducting projects that benefit the general public,as opposed to projects for the benefit of DNR itself. Therefore,while in both instances the DNR has applied for special exception permits from the County and is willing to follow through with those applications; it is clear from the Attorney General's opinion that DNR is not required to obtain such permits and need not pay any permit fees. We would like to meet with you,and others of your staffs if you wish,to discuss these permits status on February 15. We hope you will consider the issuance of a blanket county permit for our routine habitat restoration activities so both of our agencies may concentrate our efforts, funds and time toward sound resource management. It is our goal to continue to work in partnership with St. Croix county to make sound resource management decisions. Please confirm that you will meet with us on the 15`h by contacting either of us at 715-839-3700. We also would be happy to answer any questions about these permits. Sincerely, Robert Michelson n Paddock Lands Team Leader Waters Team Leader Cc: Franc Fennessey,AD/5 Scott Humrickhouse,WCR Art Bernhardt, WCR Jim Holzer, WCR Mark Kubler,Baldwin Marcia Penner,LS/5 Linda Meyer, LS/5 Eunice Post-WCR-Baldwin Dan Koich-WCR Toni Herkert, Team Leader, Shoreland Management Team Tom Aartila—Baldwin Craig Thompson,WCR Terry Moe—La Crosse 01/05/00 WED 10:29 FAX 6U6 204 a2UU w'r ice-► wux LgJ 002 CpRRESppND ENC AMA � S f Wisconsin t RAND uM r" ' DATE: August 10, 1993 N11G 61993 . ..TO: Secretary's Staff and B.O.A.T. Members �a'nr &,sieau ©f Wanin( FROM: George E. Meyer - AD/5 ��,+.,U�a}��1n & SUBJECT: Attorney General's Opinion on Access and Local Zoning Requirements The•Department recently received an Attorney General's opinion concerning local zoning authority to restrict development -of public access sites. It is important to get some guidance on the implementation of this opinion and how _the Department will discuss this with both our constituent groups, local government. ADA the press. We wi11 continue to work with local zoning recommendations, for exazple. those concerning environmental matters, vegetative screening, erosion control and setback requirements where we can. We will continue to work with local officials to comply with local zoning to the. extent feasible and to follow through.with access in those situations where unduly restrictive zoning requirements are attempting to keep citizens from using public waters. If legal questions arise about the opinion itself those should be referred to Tim Andryk in Legal Services. Department staff should emphasize that we have a ood neirhbor Poliev with both private and public officials and we do expect that to continue. We will seek to comply with local zoning and find agreeable solutions to access sites while striving to achieve access to our public waterways. Ir will be important for central office and district staff negotiating on these sites to work together and notify the -Secretary's Office through channels if an impasse arises due to overly restrictive zoning requirements. Attached you will find both a copy of the revised public access policy that was adopted at the and of June by the Natural Resources Board, and the Attorney General's opinion on access. Thank you in.Advance for your cooperation and assistance on this *issue. v:\9308\ad9meyer.tnt cc: Attorney General James Doyle 01/05/00 WED 10:30 FAX 608 264 9200 WT WCR tO 003 piers, not allowing pod boat launches, unreasonably 4ostricting available parking or prohibiting use during the best fishing periods such as early evening] . Again, every attempt will be made to seek the cooperation of local officials and to gain the necessary permits. If the appropriate administrative remedies have been exhausted, the District Director may solicit the Secretary's approval to develop the site without obtaining zoning permits if it has been determined through completion of the "Access Alternatives Form" (attached) that there are no other feasible sites and that the site is essential to provide adequate access. V.—LOCAL ZONING PERMITS A. APPLYING FOR LOCAL PERMITS. As has been our procedure to te, all access site development . will require application for a permit o permits to the appropriate local unit of government. The prerequisite needed for determining whether it is acceptable for the Departme to consider development of a site which is unable to-be in compliance with shoreland zoning are outlined in section D.3 ab Department staff should work closely with local officials e e siting process in an attempt to accomplish mutually acceptable access options. The Shoreland Planners within the Bureau of Water Regulation and Zoning are also available to answer questions regarding the permitting process. S. EVALUATING PERMIT DECISIONS. If the Department's application is denied by the local unit of government, or is' conditionally approved in a manner which is unacceptable to achieve access needs, the District Director may request that the Secretary issue a determination that the site will be developed without obtaining local zoning approval. C. FINAL DETERMINATION. If the Secretary concurs that saceaa site development should proceed, the Secretary's office will send out a letter to the appropriate local government officials. The letter will state that we intend to proceed with the development, and explains our ability to do so based on the Attorney General's opinion. VI. COMPLYING WITH FLOODPLAIN ZONING STANDARDS It is clearly in the public interest to continue to follow the floodplain protection objectives outlined in Chapter NR 116, Wisconsin Adm. Code as the standards deal with the protection of life, safety, health and property. We will continue to follow these standards in development of our access sites . whenever possible. Drafted by: Kathryn Fitzgerald, VZ/6 Revieved and a d b AP R,ober Roden, UTZ/6 AC6�enFi , 4 i�hy Linda Meyer, LC/ i Audryk, /5 5