HomeMy WebLinkAbout032-2081-80-000 (2) 8. The existing nonconforming principal structure is located on six contiguous substandard lots owned by
the applicants. With conditions to combine these lots into one lot or to restrict development on the
undeveloped lots consistent with Section 17.36 I.4 of the Ordinance, the property will be brought into
compliance with the current standards in the Lower St. Croix Riverway District;
9. The existing principal structure features brown, earth tone siding and shingles. With conditions for
finishing all proposed alterations in these same earth tone colors, the structure will blend in with the
natural surroundings,
10. The handrails of an existing attached nonconforming accessory deck and staircase do not meet current
building code standards for safety. With conditions limiting the proposed alterations to these handrails to
the minimum amount necessary to meet the building code standards, the alterations fall under the
category of maintenance and repair and may be allowed as part of this land use permit;
11. The St. Croix County Land and Water Conservation Department has reviewed the'plans and recommends
that additional native vegetation be planted along the slope preservation zone and that roof gutters be
redirected to outlet away from the slope preservation zone to an infiltration area south/southeast of the
principal structure. The infiltration area should be adequately sized consistent with the storm water
standards in the Lower St. Croix Riverway District;
12. The Wisconsin Department of Natural Resources has reviewed the plans and concurs with County staff's
findings and conditions;and
13. With the conditions stipulated above,this project will meet the spirit and intent of the Lower St. Croix
Riverway District since it will not degrade the scenic,recreational,or natural values of the St. Croix River
Valley, and will not negatively affect the public health,safety and welfare of County residents.
Approval of the land use permit is subject to the following conditions:
1. 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 17.36.1.8 of the Ordinance.
2. Prior to commencing construction, the applicants shall submit to and have approved by the Zoning
.Administrator a vegetation management plan for the top of the slope preservation zone and the area
within 40 Feet of the bluffline between the principal structure and the river. Within this area, the applicant
shall plant supplemental native trees, stirubs, and groundcover to ensure that the existing principal
structure and approved alterations are visually inconspicuous in their entirety from the St. Croix River and
to comply with the vegetation standards in Sections 17.36 H.8 and 17.36 1.5.c.1) of the Ordinance. 'The
vegetation shall be planted immediately upon completing construction (as weather allows).
3. Prior to commencing construction, the applicants shall submit to and have approved by the Zoning
Administrator a storm water management plan that redirects storm water from the existing impervious
coverage on the site away from the slope preservation zone and river to an infiltration area southeast of
the principal structure. The infiltration area should be adequately sized consistent with the storm water
standards in Section 17.36 H.8 of the Ordinance. This storm water management plan shall be
implemented immediately upon completing construction (as weather allows).
4. Within 14 days of administrative approval of the vegetation management and storm water management
plans,the applicants shall execute and record an affidavit with the Register of Deeds referencing the plans
and provide a recorded copy to the Zoning Administrator pursuant to Section 17.36 1.5.e.4) of the
Ordinance. The purpose of this is to alert future property owners of the responsibilities and limitations
incurred by the plans.
5. Within 30 days of this approval,the applicants shall either: 1)execute and record a Certified Survey Map
(CSM) combining the six contiguous substandard lots in common ownership into one lot, or 2)record
restrictive covenants against the undeveloped lots prohibiting future development consistent with Section
1736 1.4 of the Ordinance.
6. The finished principal structure alteration shall not exceed the roof height of the existing.; structure.
7. All siding. shingles, trim, and other appurtenances of the structure.. including the root. shall be earth tone
in color and of a non-reslective 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.I of the Ordinance.
CROIX
UNJ
7
PLANNING & ZONING
Tune 13,2007 File. LU0074
Paul and Lori DeBriyn
1522 Twin Springs Road
HOUlton, WI 54082
Re: Land Use Permit, Lower St. Croix Riverway District
Parcel#s: 14.30.20.812B, .813, .814, .815, .816, and .817
Town of Somerset
Code Administrat" Dear Mr. and Mrs. DeBriyn:
715-386-4680
This letter confirms zoning approval to structurally alter an existing nonconforming principal
Land Information& structure in the Lower St. Croix Riverway District in the Town of Somerset pursuant to Section
Planning 17.36 L2.c. of the St. Croix County Zoning Ordinance. According to the plans you submitted, the
715-386-4674_<; '' existing principal structure has a footprint of over 3,000 square feet and is located within the
Ordinary High Water Mark (OHWM) setback of the St. Croix River and only 10 feet from the
,Real ProRerry bluffline at its closest point. The proposed alterations involve replacing an existing three-season
715406-4677
}xorch rind deci- on an existing foundation on the south end of the principal structure with a year
RO,VIMV round office room, and adding new railings to an attached accessory deck and stairs to meet current
715-386-4675 building code safety standards.
Staff finds that these requests meet the requirements of the St. Croix County Zoning Ordinance and the
Lower St.Croix Riverway District based on the following findings:
1. The property is zoned Ag Residential and is located within the Rural Residential Management
Zone of the Lower St. Croix Riverway District;
2. The existing principal structure is less than 200 feet from OHWM of the St. Croix River and is
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 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 it will be located over the existing foundation;
6. Storm water runoff from the existing nonconforming principal structure is currently being
directed toward the slope preservation zone and St.Croix River. With conditions to manage
storm water runoff from the existing impervious coverage in order to increase infiltration on
site, minimize erosion on steep slopes, and reduce sedimentation and nutrient flow into the river
consistent with Section 1736 11.7 of the Ordinance_the property will be brought into
compliance with the current storm water standards in the Lower St. Croix Riverway District:
The existing principal structure and proposed alteration appear to protrude above the bluftine
-om the river by existing trees. With conditions to maintain 'rued
but are substantially screened ti
enhance the existing native vegetation along the top of the slope preservation zone and within
the 40-foot bluffline setback area as necessary to make the existing structure and proposed
alterations visually inconspicuous from the St. Croix River and stabilize the steep slopes
consistent with Section 17.36 H.8 of the Ordinance,the property will be brought into
compliance with the current vegetation standards in the Lower St. Croix Riverway District:
ST CROIX COUNTY GOVERNMENT CENTER
1 101 CARMicHAEL ROAD,HUDSON, W1 54016 715386-4686 FAx
P2@ O..SAIb'T-G4OX__WI.US 1Nw4V.00.SAINT-CR„IX.W_,5
• •
8. Within 30 days of substantially completing the proposed alterations, the applicant shall submit to the
Zoning Administrator certification from the project engineer or architect that the alterations and all
associated landscaping and storm water management measures have been done in compliance with the
approved plans, as well as photos of the completed construction, plantings, and infiltration area(s) as
viewed from all angles, including from the bluffline and the river.
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 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.
10. Failure to comply with the conditions above may result in the revocation of this permit pursuant to
Section 17.36 .1.8.b of the Ordinance.
This approval does not allow for any construction,filling and grading,tree removal, or other activities or
structures beyond the limits of this request. Your information will remain on file in the St. Croix CoLInty
Planning and Zoning Department. You must contact the Town of Somerset to obtain a building permit. It is your
responsibility to ensure compliance with any other local, state, and federal rules or regulations. If you have any
questions,please do not hesitate to contact me.
Sincerely,
L;v Shillco.
Land Use Specialist/Zoning Administrator
Eric: Land Use 'Permit
Rain Gardens—A How-To Manual For Homeowners
Cc: Jon Sonnentag, S &N Land Surveying,Agent
Clerk, Town of Somerset
Steve Olson, St. Croix County Land and Water Conservation Department
Dan Baumann Wisconsin Department of Natural Resources
Brian Adams. National Park Service
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Affidavit of Storm Water 8
Management and Maintenance
Document Number KATHLEEN H. WALSH
Title of Document REGISTER OF DEEDS
Real Estate Owners: Paul A.DeBriyn and Lori K.DeBriyn ST. CROIX CO., WI
Local Municipality: St.Croix County,Wisconsin RECEIVED FOR RECORD 07/06/2007 01 :20PM
On the 6th day of July,2007,the Owners agree to ensure that the storm water AFFIDAVIT
management facility(s)located on the property described below continues serving EXEMPT #
their intended purposes in perpetuity in accordance with the storm water managment REC FEE: 25.00
plan and operation and maintenance agreement filed as a requirement of the land use PAGES: 8
permit approved by the St.Croix County Zoning Administration on June 13,2007, RECEtVE�
File No.LU0074,a copy of which can be obtained at the St.Croix County Planning
and Zoning Department.
JUL p g 2007
This Affidavit appliest to the following real estate,herein referred to as the"Property":
ST.CROIX COUNTY
S Wly 25 feet of Lot 16 and All of Lot 17,Twin Springs Addition to Township of Rec d this OTCAE t with the Register of D s S'
Somerset. N rn Address:
HEYWOOD,CARI&ANDERSON, S.C.
816 Dominion Drive, Suite 100
Hudson,WI 54016
03a-acre( - g0•000
032-2081-80-000
(Parcel Identification Number)
Through this Affidavit,the Owners 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)in accordance with the operation and maintenance agereement 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 correcetions 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 Owners or by any of the Owners'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 this 6th day of J y,2007.
�C
Paul A.DeBriyn Lori K.DeBriyn
STATE OF WISCONSIN )
)SS
COUNTx 1iF4Tf{4;,ROIX' )
Peg `lt bamebe itzaIhe this 6th day of Jul 2007 the above named Paul A.DeBriyn and Lori K.DeBriyn,to me known to be
� ��" Y Y, Y Yn,
tl e a�so who e-Xe`4II`ed he foregoing instrument and acknowledged the same.
a _
C31a till I& e i)tf-*tffy of , tate of Wisconsin
t`Mly tom Sion, X i ecember 27,2009
8'S
n} iK
County of St Croix
Finance Department
Check Number:
Vendor Number:
Vendor: Paul & Lori DeBriyn
1522 Twin Springs Road
Houlton, WI 54082
Check Date: Approved:
File Date:
Total Check Amount: $350.00
Invoice InvoiceInvoice Account
Number Date Amount Description Number Amount
1/9/09 $350.00 Refund of Compliance Deposit 4500-44400 $350.00
L00074/ Receipt#077619
rf A t n
Total Check $350.00
Page 1 of 1
Becky Eggen
From: Pam Quinn
Sent: Friday, January 09, 2009 1:16 PM
To: 'Paul.Debriyn @agstar.com'
Cc: Becky Eggen
Subject: Compliance with conditions in permit L00074
During a site visit today, I verified that your project has now met all the conditions contained in the land use permit
issued 6/13/07 and qualifies for a refund of the compliance deposit of$350.00 submitted on 6/29/07. Thank you
for your compliance efforts and cooperation in the zoning requirements for the Riverway District. This e-mail
documents the authorization of the refund. If you have any questions, please feel free to contact me at 715-386-
4742. Thanks,
Pamela Quinn, Zoning Specialist(POWTS)
St. Croix County Planning &Zoning Dept.
1101 Carmichael Road
Hudson, WI
yamq@co.sain1-croix.wi.us
1/12/2009