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Home My WebLink About020-1374-02-000(2) A IL PLANNING &. ZONING August 9, 2007 File#. LU0085 Peter Ludwig 188 Starwood.Drive Hudson, WI 54016 Re: After-the-Fact Land Use Permit,Lower St. Croix Riverway District 188 Starrwood,Parcel# 12.29.20.2235,Town of Hudson Code Administratt, Dear Mr. Ludwig: 715-386-4680 Thank you for submitting a new check on July 30, 2007. We have resumed processing your after Land information&V the-fact land use permit application for the construction of an existing single-family residence on Lot Planning 2 of the Starr Wood Subdivision in the Lower St. Croix Riverway District in the Town of Hudson 715-386-4674,....... submitted by Bruce Lenzen on April 25, 2006. Staff has made the following findings regarding the Real Property application: 715-. 8G-4677 1. Single-family residences are allowed in the Lower St. Croix Riverway District pursuant to Section 17.36 F.2.a.1) of the St. Croix County Zoning Ordinance. R .oc&w 2. According to the builder,Bruce Lenzen, the existing residence was constructed after 5-386-4675 obtaining a building permit issued by the Town of Hudson. 3. According to the plans submitted,the existing residence meets the 40-foot setback from the slope preservation zone and the approximate bluffline identified in and approved as part of the preliminary plat for the Starr Wood Subdivision. Site observations and measurements using a scale indicate that the slope preservation zone and bluf#line delineations are riot accurate and the structure may in fact be located within the 40-font blt.tffline setback. 4. According to the plans submitted, the grading limits for the project encompassed an area of approximately 2) r 1,000 square feet, all of which has been stabilized and e-vegetated. A portion of the disturbed area appears to have been in and within 40 feet of a slope preservation zone that does not directly face and does not drain directly to the ri ver- Pursuant to Sections 17.36 F.2.a.4)—6) of the St. Croix County Zoning Ordinance, a special exception permit is required for each of the following activities,respectively: • Filling and grading less than 10,000 square feet in slope preservation zones that do not directly face the river and do not drain directly to the river. • Filling and grading within 40 feet of a slope preservation zone. • Filling and grading 10,000 square feet or more outside of the slope preservation zone. 5. Trees were removed within the grading limits to accommodate the construction of the residence. Vegetation on lands within the slope preservation zone and bluffline setback area must be left undisturbed pursuant to Section 17.36 H.8.e.1) of the St. Croix County Zoning � Ordinance. Trees removed within these areas are subject to a tree replacement schedule as outlined in Section 17.36 H.8.f. of the Ordinance. 6. The Land and Water Conservation Department on August 8, 2007 and determined that the storm water management 7. The Wisconsin Department of Natural Resources has reviewed Based on these lndings, staff finds that eve cannot issue the pern7it.without verifying the exact location of the slope preservation zone and blufftine. and submitting any regt�ired special exception applicatir3ndorms for the<lillint..arrcl::grading actzYitit s:.I'ic :e be add seCl»:that, based .u.n:.,the c7t tllill ST.CROIx COUNTY GOVERNMENT CENTER 1 10 1 CARM/CHAEL ROAD,HUDSON, Wi 54016 715386-4686 FAx P?C?CO.SAUVT-CROW.M.US WINW.':0.SAINT-i-R01XW.US, location of the bluffline,you may also need to remove a portion o('your struCaurc OF �,pplti too an after-the-fact variance. Please feel free to contact me with any questions or concerns. I would be happy to schedule a meeting with you to discuss the items outlined above. Sincerely, Jenny Shillcox Land Use Specialist/Zoning Administrator Cc: Bruce Lenzen,Builder Clerk,Town of Hudson Carrie Stoltz, St. Croix County Code Enforcement Technician Kevin Grabau, St. Croix County Code Administrator Steve Olson, St. Croix County Land and Water Conservation Department Dan Baumann,Wisconsin Department of Natural Resources March 19,2007 Bruce Lenzen Bruce Lenzen Homes, Inc. 5022 d Street, Suite 204 Hudson, WI 54016 Re: Land Use Permit Application,Lower St. Croix Riverway District Peter Ludwig Property, 188 Starrwood Parcel# 12.29.20.2235,Town of Hudson Dear Mr. Lenzen: I am writing this letter as a follow-up to the meeting between you, Jennifer Emmerich,Bob Bezek, James Filkins,Robert Rolle, and me on May 17,2006.At that meeting,we agreed to hold off on processing your after-the-fact land use permit application for the Ludwig property until you and Mr. Rolle had an opportunity to reach an agreement with the Wisconsin Department of Natural Resources(DNR)regarding and slope preservations zones that don't directly face or drain to the river and bluffline issues. Once an agreement has been reached with the DNR, it is our understanding that the County will reevaluate the situation and determine if an additional after-the-fact special exception permit is still required for filling and grading within 40 feet of the bluffline,which would then be processed together with the land use permit. Please be advised that we have had several staff changes since we last met with you. Jennifer Emmerich and Bob Bezek are no longer employed with the County. Kevin Grabau,our new Code Administrator, and I have reviewed the Ludwig file and see that the land use permit application and a personal check from Bruce Lenzen Homes, Inc. in the amount of$300 has not been cashed. We understand that the Town of Troy is currently working with Dan Baumann at the DNR and that an agreement regarding the bluffline and slope preservation zone issues is pending. We will keep the land use permit application on file here until we hear from the DNR, at which time we will contact you to resume processing the permit, determine if any other permits or approvals are necessary, and bring the situation to closure. Enclosed please find the check since the County can no longer cash it after nearly one year. You will have to submit a new check when we are ready to move forward with the application(s). Please feel free to contact me with any questions or concerns. Sincerely, Jenny Shillcox Land Use Specialist/Zoning Administrator Enc: Check#24894 Cc: Peter Ludwig, Property Owner Clerk,Town of Hudson Kevin Grabau, St. Croix County Code Administrator Dan Baumann Wisconsin Department of Natural Resources Lenzen and you,the slope in question here does NOT slope towards the river. Therefore, there is not a violation under St. Croix County Zoning Ordinance Section 17.36F.3.a.5). If you have any questions,please feel free to contact me. Sincerely, Don Gillen Assistant Corporation Counsel St. Croix County, Wisconsin DG/hmw EFILE ST. CROIX COUNTY--` '- y. �° WISCONSIN OFFICE OF CORPORATION COUNSEL w Imoon Nil A ST.CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road ��• Hudson, WI 54016-7710 (715) 381-4315 FAX (715) 381-4301 May 4, 2006 Jennifer Emmerich Planning&Zoning Department 1101 Carmichael Road Hudson, WI 54016 RE: St. Croix County Zoning Ordinance Violation—Ludwig/Lenzen property Location: Sec. 12,T29N, R20W,Town of Hudson Dear Jenn: The above-referenced citation states: The property owner conducted filling and grading activities within 40' of a slope preservation zone in the Lower St. Croix County Riverway District without a special exception permit. Both NR 118 and the St. Croix County Zoning Ordinance define "slope preservation zone"as: 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. Mr. Lenzen states in his May 1"letter that he believes that the slope on this particular lot is not"riverward by any means." It is Mr. Lenzen's belief that the lot in question has neither a"bluffline"or is located in a"slope preservation zone." In your May 3rd e-mail to Heather, you state that the Zoning Department and DNR have interpreted the slope preservation zone to mean that the slope does not have to "directly face the river"as long as the slope drains to the river. You also state that the slopes on Lenzen's property"don't directly face the river,but they drain into the backwaters of the river which flow into the St.-Croix." After speaking with Greg about this issue, it is our opinion that the cited property does not meet the definition of slope preservation zone. The definition of slope preservation zone specially states that the slope must be"towards the river...." According to Mr. p33'06 283' S85 t i 1 i i i r ko `L Q N�1 O <t t%l ` M fir. a C4 W t, « , , e w ca w 61 Q \ t (- w w 3 11 — - / N wXo ~ Q w —A ,� s LU ,11 j Lil cri A) I 0 w � d) DISTURBED AREA EXISTING GRADE 195' d) tL FINISHED GRADE SCALE: > " -= 30'-0" N72 018$38 'Z