Loading...
HomeMy WebLinkAbout040-1145-20-200 (2) Alex Blackburn [2 ) 6. 2a 575 F to From: Alex Blackburn Sent: Thursday, October 03, 2013 11:25 AM To: 'Magdalen Lindeberg' Subject: RE: property gift question Magdalen, I looked up these properties on our mapping system,they are both in the Riverway Overlay District which makes them subject to the provisions in our Riverway Ordinance. The Tilton house and almost all of the property,on the west side of the lot, are in the floodplain. If Tilton deeds the 1 acre piece of land on top of the bluff,or eastern side of the lot, to Lindberg,then Tilton (or the Trust) will be deeding off the part the part of the lot that is buildable and also has the required public road frontage. For reference,the public roads in this area are Brugler Court and West Grove Road. I don't think this parcel add-on complies with the Riverway Ordinance, unless I am missing some details? Feel free to call or e-mail with any additional questions. Alex Blackburn St. Croix County Land Use and Conservation Specialist 71 5-386-4684 From: Magdalen Lindeberg [mailto:m116(5)cornell.edu] Sent: Wednesday, October 02, 2013 3:16 PM To: Alex Blackburn Subject: property gift question Dear Alex, I stopped by your office last Thursday to inquire about the procedures involved when property is gifted from one owner to another. Specifically, Bill Tilton,at 278 West Grove Road Hudson (575A-20) is interested in giving my mother(Mary Jo Lindeberg at 276 West Grove Road (575F-10))the 1 acre lot at the top of the bluff and the long 10 foot wide strip that connects the one acre lot to the main 575A-20 property. Your associate Ryan was very helpful and said that standard procedure was to for the piece of property in question to be surveyed and the paperwork sent to your office. However, Ryan said he wanted to check with you to make sure there was nothing out of the ordinary in this particular case. Let me know if there is any reason why we can't proceed with surveying and property transfer. thanks for your help, Magdalen Lindeberg I 1 �e r>, if: f> g �mm �aO +i 3 � J y} z r ' C7 t D ONO ' x L rL C Q 00 Z OD �-0 Vr S tr m z VF c ai S4t .y �-, / .* .� ,_ �>13 )• tf Vim, .. � ._. r .... rro y ..,�00 C7 E hJ •1 t a V `4 , I f' i - , T w...... roil CD tN tri =4 r [ +A _ ITI in Tj 2013 Property Record I St Croix County, WI Assessed values not finalized until after Board of Review. Property information is valid as of OCT 02 2013 10.28PM OWNER CO-OWNERS) WILLIAM LEO TR 7tlLTON 101 E 5TH ST#229,0 ST PAUL,MN 55101 PROPERTY DESCRIPTION SEC 12 T28N R20W SE1/4 LOT 1 CSM 7/2023 INC PT OF P1014(RW PROPERTY INFORMATION EZ)ALSO PT OF LOT 2 CSM 712023 DESC ASCOM SE COR LOT 1 SD CSMTH S 01 DEG E 33*;TH S 89 DEG W 652'MOL;;TH NELY 43' Parcel ID: 040-1144-80-200 MOL;TH N 89 DEG E 624'POB ALSO COM NE COR SEC 13,TH N 89 DEG W Alternate ID: 12.28.20.575A-20 P School Districts: Property Address: 278 W GROVE RD SCH DIST OF HUDSON Municipality: TOWN OFTROY Other Districts: WITC Section jgwp Range Qtr,Qtr Section Otr Section DEED INFORMATION 12 281 20W SE Volume Page Document# Lot: 01 951054 Block: 934561 Plat Name CSM 07-2023 040-88 856814 856813 1865 90 675114 TAX INFORMATION 1865 85 675112 1 1481 325 616334 Net Tax Before: .00 1481 312 616329 Lottery Credit: .00 1282 306 569820 First Dollar Credit: .00 1282 304 569819 Net Tax After: .00 968 218 488321 548 Amt.Due Amt.Paid Balance 839 447516 Tax' .00 .00 .00 Special Assmnt: .00 .00 .00 LAND VALUATION Special Chrg .00 .00 .00 Delinquent Chrg .00 .00 .00 Valuation Date: 20100812 Private Forest .00 .00 .00 Woodland Tax 00 00 00 Code Acres Land'Value 'improvements Total . . . a Managed Forest 00 00 OD 5.000 730,000 173,11 DO 903,100 . Prop.Tax Interest E .00 .00 5.000 730,000 1173,11,00 903,100 Spec,Tax Interest .00 .00 Total Acres: 5.000 Prop.Tax Penalty .00 .00 Assessment Ratio: .0000 Spec.Tax Penalty .00 .00 Mill Rate: 0.000000000 Other Charges .00 .00 00 TOTAL .00 .00 .00 Fair Market Value: 0.00 Over-Payment INSTALLMENTS Period End Date Amount PAYMENT HISTORY(POSTED PAYMENTS) General Special Date Re eipt# Source TvDe Amount Tax Status Assess.Status Interest Penalty Total i 441515 CERTIFIED SURVEY MAP .�,n��. Located in Government Lot 2, Section 12, +~- LEGEND T28N, R20W, Town of Troy, St. Croix County, Wisconsin COUNTY SECTION CORNER ST ° K 'v BERNTSEN CAP �, m � I" IRON PIPE'FOUND %�.. O I"X 24°ROUND IRON PIPE WEIGHING 1.68 LBS./FT. SET EXISTING FENCE NI r 0 N ►-. 0 Of f+ Z N 24.76' ° I° o 0 e 2:10 y z$R 2 t m A H Non3m l z G wI2 .A o�,n m o 0 Q. ° ° \4jp � cn • a, °, a 00 3 90' .10 J ao v v' ►� �' m p cn to �° 3?165 ' '0" •0 '+ ° rVilur T�lc� ys I T (D ° n 0 Co N "� V V N f (b I �P Oo H j d cD Z ° o Cr W w NI°36'43°W 323.06' mN1�' 643W, -0 92.72 92.44 290.06 185.43 �V> >AW N ►� O m 10 H Wt0 n 90.75' rn Ul �' H SAO N 1036.4,3 N @ r W.(WHD rt \�?SO S8y z w0 'r cnc � •C 't N s' /86i\ � °N 'L�' r* y OOOO •JC) m v_ py 'rJ O to `�40. \ 8� + t'1 000000 G , W. O H Q+ v o ff? O V i ro. O �, m W SB., Jt W W 9 Ul J 00 N Do v t 1 ' ry - 4 W C pN� c0 rr SU o OD N lJ•rR� �Un N .. )O '* � zi Q� q��311' W p N lz 1 T tJ� O �H M Q1 �CL 1-4 W Cr rr 'Y N 1� �GQ N V OD O-D 0 QOC7dp0 ~ (D'C � 0°D- W � A CJ b rn W fD Of �p t0 �p rr OC ' W b W O t0 aJ Cn (n O. N 0 ui� N 6/ M rn to �! C`..J r+ 4 W tD A r7 ,��0� ,v� t� Iv H �... o,W a am — H 9 W p�po 1� W rr O� ��yy' n H �� �O��v�a � C1 r* b N fp �1 y-° rQ W tD U, o 7- —1 - a o ZZUIn ZCi � zz � � rA w �• x -4n0000o �p >D rlm �.� � N)_n O O lip 0 7 W �O` WcT Z 0O H rt 0 �� NNODOD N N �m •H � Co M O Q � _ N 0 M 6 O O H LO N W W i fl m G C W O rr C rr 0 ,.. ,-. _. :� �• c•, r N p w a ED Lq I N to 50'45!'Vl rn -i u+ o'oa .vo . ua rn s✓ H H o °D r - Q` W H N N (yl 1 rl R. � p 0 s ° i mat W iR r� 24.77 o.d z L m 8 N10 50'4 °W NI°50'45°W 208.00 aoc�m ° c7 99°4p� Z-•10 S 1 50 45 E 577.50, 40+� Surveyed for: George Lindeberg moo Rt.3, C.T. IIFII �Nz Hudson, WI 54016 "' AWROW YPLUME 7 PAGE 2023 SEP 13 08 ST CAM C XW THIS INSTRUMENT DRAFTED BY DESCRIPTION A parcel of land located in Government Lot 2, Section 12, TZ8N, R20W, Town of Troy, St. Croix County, Wisconsin, described as follows: Beginning at the SE corner of said Government Lot Z ; thence S89003158"W (assumed bearing referenced to the East line of said Section 12) 1656.94' along the monumented South line of said Section 12 to a point on a meander line, which point lies 2151, more or less, from the water's edge of Lake St. Croix; thence N25038'36"E 410.90' along said meander line to a point which lies 1151, more or less, from the water's edge of said Lake; thence N890Z4103"E 247.70' along the South line of that parcel recorded in Volume 324, page 27; thence N1036143 11W 185. 16' along the East lines of tho8e parcels recorded in Volume 324, page 27, and in Volume 295, page 603; thence N87 491 Sa5 11E (recorded as being parallel with the South line of said Section IZ) 1218.69'; thence Sl 50145"E 577.50' along the East line of said Section 12 to the point of beginning; together with the perpetual right to use, and an undivided half interest in, the following described roadway as recorded in Volume 307, page 458: All that part of the SW 1/4 of Section 7-28-19, described as follows: Beginning at a point on the W line of the SW 1/4 of said Section 7, distant I 1/2 rods N of the SW corner of the SW 1/4 of said Section 7; thence E on a line parallel to the S line of the SW 1/4 of said Section 7, a distance of 60 rods to a pbint; thence N on a line parallel to the W line of the SW 1/4 of said Section 7, a distance of 5 1/2 rods to a point; thence E on a line parallel to the S line of the SW 1/4 of said Section 7 a distance of 43 rods to a point; then S on a line parallel to the W line of the SW 1/4 of said Section 7 a distance of 5 1/2 rods to a point; thence E on a line parallel to the S line of the SW 1/4 of said Section 7 a distance of 52.67 rods, more or less, to the E line of the SW 1/4 of said Section 7; thence S on the E line of the SWIM of said Section 7 a distance of 1 1/2 rods more or less, to the SE corner of the SW 1/4 of said Section 7; thence W along the S line of the SW 1/4 of said Section 7 a distance of 155.67 rods, more or less, to the SW corner of the SW 1/4 of said Section 7; thence N along the W line of the SW 1/4 of said Section 7 a distance of 1 1/2 rods to the point of beginning;. Also An undivided 1/Z of the following: Commencing at a point on the E line of the SW1/4 of said Section 7-28-19, 24, 75 feet N of the SE corner of the SW1/4 of said Section 7; thence'W and parallel with the S line of Section 7 a distance of 385.66 feet to a point of beginning; thence N31o52'W a distance of 106.85 feet; thence W and parallel with the S line of Section 7 a distance of 426.98 feet to a point; thence S a distance of 90.75 feet to a point; thence E and parallel with the S line of Section 7 a distance of 483.39 feet to a point of beginningl" and now described as: Beginning at the above described SE corner of Section 1Z; thence N1050145 11W 24. 76' along the East line of said Section; thence EAST 990.001; thence N1050'45"W 90.75'; thence EAST 1170.92' (recorded as 1136.48'); thence S31054136'"E (recorded as S310521E) 106.851; thence EAST 385.66' to the NORTH-SOUTH 1/4 Section line of Section 7, T28N, R19W; thence S1057'04"E 24.77' along said 1/4 Section lime; thence WEST 2600. 18' along the South line of said Section 7 to the point of beginning. I, James L. Rusch, registered Wisconsin Land Surveyor, do hereby certify that I have surveyed and mapped the above described property; that such plat is a true and correct representation of the exterior boundaries of the land surveyed; and that I have fully com- plied with the provisions of Chapter 236.34 of the Wisconsin Statutes, the St. Croix County Subdivision Ordinance, and the Town of Troy Subdivision Ordinance to the best of my professional knowledge, understanding and belief. James 'Rusch co ,Wisconsin Land Surveyor S-1376 � ycowS� 421 Second Street Hudson, Wisconsin 54016 = JAMES E. includira' all la Id l;;iiu„ beL;re.cn :aid RUSCH f�t._idir lia�� <;:,d Suid W r ed.,c 5.1316 atcr _. � 4r Vol. 0`39-721, � Q'«' •9 O. tell It, This map is hereby approved by the Town Board of the Town of Troy. Date Town Clerk i The roadway shown on this map is a private roadway. Any maintenance costs of the private roadway, after its approval by the Zoning Administrator as a standard road, shall be shared pro-rata by the adjoining property owners. Should the private road- way be taken over by a municipality as a public road, maintenance costs thereafter would be a public expense. VOLUME 7 PAGE 2023 M A'+ h w O 0 o O w l 3 N A o `�". �•cn CD CD m. C4 CO c OD Q N ^� O � Cl) n CD O T N SA O 3 O H y (D lei C1 (D N m tf D G v m .. rn t o ro r y ° `r o co cN\o w 3 N N a 0 O O i N 00 A (00 OD O N o m a 3 0 c a_ 2 'I � O 00 (n o hv. n o N D < a (D d En rn W N ° o z z N D m ° o =' O I oN � � � ? � I I h• X CD c CD c co a CL m CD `° Z (No A 7 a Q CL I 0 N N M O W G .��- Z 0 3 ° N O ° �! Z 'I CD W O Q cc O Q G co O a) N C CD O G CD N N N O � N � y I x a I W 7 S � CD N ti O O b I A 'S W O ,b < x` N D'C V A O f O O. � s BOARD OF ADJUSTMENT DECISION Request of Mr. George Lindeberg for ) a special exception use, Article 3.12, ) St. Croix Riverway District, ST.CROIX ) A-10-82 COUNTY ZONING ORDINANCE. Location: ) January 24, 1984 Part of Government Lot 1, Section 13, ) T28N-R20W, Town of Troy. < I The St. Croix County Board of Adjustment conducted a public hearing on January 24, 1984 to consider the request of George Lindeberg for a special exception use, Article 3. 12, St. Croix Riverway District, ST. CROIX COUNTY ZONING ORDINANCE. The St. Croix County Board of Adjustment, in accordance with the Department of Natural Resources policy, rendered the decision to deny the request pf Mr. Lindeberg. The letter denying the request of Mr. Lindeberg by the Department of Natural Resources was read. Motion by Supervisor Stephens to deny request, seconded by Supervisor George. Motion carried. George, yes; Stephens, yes. -ctrl Robert Stephens, Secretary St. Croix County Board of Adjustment RS:HB:mj George Lindeberg Donna Wilcoxson, Town Clerk Jake Vander Voort, DNR r 2. Motion by Supervisor George to approve the request of Peter Fleming because" replacing a similar structure on the same foundation would not change any ' ' land use that existed prior to the fire that destroyed the original structure. The new structure would not destroy the view of the adjoining properties. Seconded by Supervisor Stephens. Motion carried. Vote to approve: George, yes; Stephens, yes. Next scheduled hearing date is February 28, 1984 at 10:00 a.m. Motion by Supervisor Stephens to adjourn. Seconded by Supervisor George. Meeting and hearing adjourned at 3:00 p.m. Harold C. Barber, Acting Secretary This is a full day meeting. HCB:mj BOARD OF ADJUSTMENTS MEETING AND HEARING January 24, 1984 10:00 - 3:00 p. m. Meeting called to order by Vice Chairman George at 10:00 a.m. in the County Board Room, Courthouse, Hudson. Present were Supervisors George and Stephens. Absent: Supervisor :Meinke. Minutes of the December meeting were approved as written. Hearing called to order by Chairman George. Old business: George Lindeberg. Zoning Administrator read letter from DNR denying the request of Mr. Lindeberg. Motion by Supervisor Stephens to deny the request of George Lindeberg. Seconded by Supervisor George. Motion carried. Vote to deny: George, yes; Stephens, yes. Gregory Howard: Motion by Supervisor Stephens to grant approval upon receipt from Mr. Howard when all DNR request and liens are taken care of. Seconded by Supervisor George. Motion carried. Helen Van S.lyke: Motion by Supervisor Stephens, seconded by Supervisor George to approve. Motion carried. Zoning Administrator read notice of hearing as published in the local and county newspapers. 1. ARTICLE: 8.4B(4) (b) , Setback from a Town Road APPELLANT: Jerome Neumann LOCATION: SEA NEt4, Section 25 T31N-R19W, Town of Somerset 2. ARTICLE: 2.4F(2) , Transmission Tower APPELLANT: River Falls Cable Company LOCATION: NE14 NW-4, Section 13 T28N-R19W, Town of Troy 3. ARTICLE: 3.7 B, Setback from Water APPELLANT: Peter Fleming LOCATION: NEk NEB, Section 17 T31N-R18W, Town of Star Prairie Mr. Jerome Neumann presented his request to construct a pole barn to house machinery and equipment, 55 X 120, that would be approximately 100 feet from a Town Road. Questions by members of the Board. Mr. Byron Wertz presented the request of River Falls Cable Company to construct a TV Tower and building to house electronic equipment to receive and process television signals' for` Cable TV systems. The height of the tower will be 220 feet. Mr. Steve Johnson, Hudson City Council, spoke in favor of the tower. Township has no opinion at this time as the request has not been presented to them yet. Mrs. Clarence Thompson objected for the following reasons: 1) Diminish value of real estate, 2) People will not buy lots near the tower, 3) Erosion and soil sedimentation on their property from road construction, 4) Beer parties and debris will be scattered in the area, 5) Lightning attraction and increase in insurance cost, 6) Tower could fall and destroy their property, 7) Spoil their view. Mr. Clarence Thompson objects for the same reasons. Motion by Supervisor Stephens to table this request until the February meeting. Seconded by Supervisor George. Motion carried. Zoning Office to notify all landowners on the February 28, 1984 meeting. Mr. Peter Fleming presented his request to reconstruct a cottage that was destroyed by fire, on the same foundation. The structure will be approximately 30 feet from the water, and is in line with several of the cottages around. It will be about 10 feet closer to the lake than cottages on eLLlieL aide. The ,.mow coLLage will not spoil the view of the other cottages. Mrs. Carol Fleming also spoke to the Board on re- placement of the cottage. Mr. Swen Virdon, adjoining landowner, objected as the structure would block his view. He feels that the structure should be moved back in line with has cottage. Questions by members of the Board. Hearing recessed to view the properties in question. Board returned to session to render the following ,decisions: 1. Motion by Supervisor S;l_ephens to deny the request of Jerome Neumann because building would encroac'a on road and would have poor access. Also the sewage system would be too close to the structure. Seconded by Supervisor George. Motif?n carried. Vote to deny: George, yes; Stephens, yes. Nor�ci: ui cur�r�i ►..ri:►: N I.TINC TO: Norman E. Anderson St. Croix County Hoard Chairman FROM: Milton Meinke, Chairman CD COMMITTEE TITLE: St. Croix Count y �Board of Adjustment , DATE OF MEETING: Tuesday, January 24, 1984 TIME: 10:00 a.m. LOCATION: Board Room, Courthouse, Hudson, WI CALL TO ORDER: ROLL CALL: ACTION ON PREVIOUS MINUTES: UNFINISHED BUSINESS: APPELLANT: Mr. & Mrs. George Lindeberg LOCATION: Part of Govt. Lot 1, Section 13, T28N-R20W, Town of Troy APPELLANT: Gregory Howard LOCATION: NE4 SE14, Section 36, T30N-R19W, Town of St. Joseph APPELLANT Helen Van Slyke LOCATION: NE14 SEk, Section 23, T30N-R19W, Town of St. Joseph NEW BUSINESS: Please see attached r ANNOUNCEMENTS & CORRESPONDENCE: ADJOURNMENT: (This agenda not necessarily presented in this order. ) Submitted by: Harold C. Barber Date: January 12, 1984 Copies to: County Board Office County Clerk News Media/Notice Board ✓Committee members 02-113 PUBLIC HEARING The St. CAoix County BoaAd of Adjustment has scheduted a pubtic heaxing Ooh Tuesday, Janua&y 24, 1984 at 10:00 a.m: in the Board Room ob the St. C)Loix County Comthouze, Hudson, Wizcon6in, to eon6ideA the 6ottow.Lng apnea 6 to the ST. CROIX COUNTY ZONING ORDINANCE. ARTICLE: 8.4 B (4) (b) , Setback 6Aom a Town Road APPELLANT: JEROME NEUMANN LOCATION: SE% o6 NE,'-., Section 25, T31N-R19W, Town of Some6et ARTICLE: 2.4 F (2) , TAanzm.iz4ion Towers APPELLANT: RIVER FALLS CABLE COMPANY LOCATION: NE% o4 NW,'.- o6 Section 23, T28N-R19W, Town o4 TAay ARTICLE: 3. 7 B, Setback 6nom the WateA APPELLANT: PeteA Fteming LOCATION: NE% o6 NE% o6 Section 17, T 31 N-R l 8W, Town o f Stan PAa k i,e Att inteAuted nensov,6 arse invited to attend .said hea&ing and be heaAd. Additi.onat in�oAmation may be obtained bum the o46ice o6 the County Zoning Admin.iustAatoA, Hammond, WI 54015. 715-796-2239 OA 715-425-8363. MILTON MEINKE, CHAIRMAN ST. CROIX COUNTY BOARD OF ADJUSTMENT ST. CROI X COUNTY WI SC ON S IN ZONING OFFICE 796-2239 (HAMMOND) 425-8363 (RIVER FALLS) HAMMOND, W 154015 December 5, 1983 Mn. Jake Vanden Voont WI Depaxtment o6 Natunat Resources 1300 Wat Cta Aemont Eau CtaiAe, WI 54701 Dean Mn. Vanden Voont: Ptease be advised that the George Li.ndebeng Board os Ad1u6tment Appeal uwitt not .be on the December agenda as otd bu.s.inese. It .cs tentativety achedueed 6or the January 1984 meeting. you w.ctt receive 6unthen con- reapondence as to time and ptace. .A, Shou.2d you have any questions regarding thi A .subject, ptease beet tree to contact this ojj.ice. Sincenet y, Hanotd C. Barber Zoning Admini,atn.ator mj I I I I V' 1 State of Wisconsin \ DEPARTMENT OF NATURAL RESOURCES est Central District Headquarters Carroll D.Besadny 1300 West Clairemont Avenue Secretary Call Box 4001 Eau Claire, WI 54702-4001 January 13, 1984 File Ref: 3590-8 6 �V Mr. Harold Barber Zoning Administrator cr) County Zoning Officey Hammond, WI 54015 Z� Dear Mr. Barber: For some time now, the several parties involved have been discussing the proposed Lindeberg subdivision. On November 17, 1983, Mr. Robert W. Mudge, attorney for the Lindeberg's, sent us a letter outlining their reasoning for approval of the subdivision. Mr. Mudge's letter addresses two points: first, the requirment that any lot created on the riverway must contain at least one acre of net project area; second, whether a lot containing less than one acre of net project area, i.e., an unbuildable or noncomplying lot, can be created. I have discussed this matter with our Bureau of Legal Services. Their opinion is that the requirement that there be one acre of net project area cannot be waived or a variance granted. They have also indicated 'that a nonconforming lot cannot be created. In addition, as defined in the St. Croix County Zoning Ordinance, all lands between the base of the bluff and the normal high water elevation are considered part of the bluff area (3.12-D-2-b). Mr. Mudge also raised some questions regarding the definitions of "floodway" and "floodplain." Our District floodplain engineer, Mr. Gary Lepak, has reviewed the situation. Mr. Lepak felt that the floodway delineation for the St. Croix River is reasonable. Attached is a copy of his comments. Also, note that the 75-foot setback requirement from the normal high water elevation would appear to further compound the problems in this situation. This setback require- ment is contained in the St. Croix County Shoreland Ordinance, not the St. Croix Riverway Ordinance. ;Based on the above facts, we will not be able to approve a subdivision of this ownership into two lots, one on top of the bluff and one below the bluff face. If you have any questions on this matter, please contact me at (715) 836-2941. Si cerely,,/' Jake VanderVoort 'Community Services Specialist __ Attac±h- __ _ .TVT228 -COG����pOaD�aQL�/�1��10�G°a�1DUG`� STATE 9F WISCONSIN w.� o%r'r Date: November 30, 1983 File Ref: 3550 To: File (St. Croix County) From: Gary LepakG� Subject: Lindeberg Subdivision Proposal In reviewing the November 17, 1983 letter from the Lindeberg's attorney Robert Mudge, I've noted the followings 1. The floodway delineation previously presented by the county and described by Jake VanderVoort as being the 688 ft. MSL contour is reasonable for this area. Since the floodway would not correspond directly to the contour line in all oases (i.e. flowing water does not make sharp turns), I've attempted to show a floodway delineation on the attached USGS topographical map. If a more detailed topo map is available, a more definite flooway delineation can be given. 2. The evidence presented by Mr. Mudge is inadequate to alter the floodway delineation given by the county. The floodway definition requires the floodway to be established using the regulatory flood which is at elevation 693.4 ft. MSL for this portion of the St. Croix River. Therefore, the flood waters would be 5.4 feet above elevation 688 feet. Flood waters would be flowing downstream in the area Mr. Mudge indicated to be backwater. Also, the river is less than one mile wide at the project site. 3• The proper steps for changing the floodway delineation are out- lined in Sections 4.3(C), and 9.8 of the St. Croix County's ordinance. Specifioally, the capacity of the floodway cannot be altered by existing or future uses unless it is shown that the combination of existing and future potential uses will not adversely affect the efficiency of the floodway. Section 9.8(F) states computations to show increases must be based on equal degree of encroachment for a significant reach on both sides of the stream. Adverse effect according to Section 9.8(F)(2b) is any measurable increase based on the equal degree of encroachment. 4. More important than the floodway delineation is the shoreland setback requirement of 75 feet from the normal high water elevation (Section 3.7). According to Section 3.10) the normal high water elevation on the St. Croix River is 688.0 ft. MSL. All structures must be at least 75 feet from the normal high water elevation. AD-75 To: File - November 30, 1983 2 Conclusion: The shoreland setback appears to be more restrictive and should be addressed in addition to the floodway question. GL:sz Attach. cc• ?J. VanderVoort E. Bourget D. Roich R. Roden - WRZ/5 GLT150 ST. CROI X COUNTY r za 1 _ k WI SIC O N S I N w t � � ZONING OFFICE 796-2239 HAMMOND, WI 54015 November 23 , 1982 Gwin, Gilbert, Gwin & Mudge Attorneys at Law 430 Second Street P . O . Box 106 Hudson, WI 54016 ATTENTION : BOB MUDGE RE : The property located in part of Government Lot 1 , Section 13 , T28N-R20W, Troy Township . Owner : George Lindeberg Dear Mr. Mudge : According to the St . Croix Zoning Ordinance, Mr . Lindeberg is allowed one residence on the above mentioned property. If he would like to build an additional house, this land must be subdivided on a Certified Survey Map . In order to grant approval of a subdivision, the map shall be approved by the St . Croix County Comprehensive Zoning, Parks and Planning Committee prior to the Board of Adjustments hearing . All subdivisions in the Riverway District call for a Public Hearing as required in the St . Croix County Riverway District and in our 118 . If you have any questions on this matter, please feel free to contact this office . Yours truly, X"Ite--149e HAROLD C . BARBER Zoning Administrator wj o i GWIN, GILBERT, GWIN & MUDGE 4HUGH F. GWIN PHONES WILLIAM J. GILBERT '' ATTORNEYS AT LAW 715-386-Sena HUGH H. GWIN 612.436.6934 ROBERT W. MUDGE 430 SECOND STREET SHELLEY M. RILEY P.O. BOX 106 HUDSON, WISCONSIN 54016 FILE NO. November 19, 1982 St. Croix County Board of Review c/o Harold Barber Zoning Administrator P.O. ';Box 227 Hammond, Wisconsin 54015 Mr. cake VanderVoort Wisconsin Department of Natural Resources 1300 'West Clairmont Eau Claire, Wisconsin 54701 Mr. Steve Johnson Minnesota-Wisconsin Boundary Commission 619 Second Street Hudson, Wisconsin 54016 Re : George and Mary Jo Lindeberg Gentlemen: Our office represents George and Mary Jo Lindeberg as to a proposed property division of their land on the St. Croix River in St. Croix County, Wisconsin. I would just like to write this rather short memorandum to you for your consideration prior to the Meeting of the Board of Adjustments, whether that takes place in November or December of this year. The Lindebergs have owned this property since the early 1950 ' s and purchased it with the idea of raising a family in an environment which would be particularly suitable for children in their growing years. They built a house right down on the St. Croix, although not particularly readily visible, the house does in fact lie in the flood plain and the basement did in fact go under water during the 1965 flood. The house was built some time in the 1950' s when there were no building restrictions on the St. Croix River. At this point in time, the Lindebergs child- ren are all grown and only one is presently residing at home and she is soon to graduate from high school and go on to bigger and better things . Because of this, the Lindebergs have somewhat out- grown the problems incurred in living right down on the River, particularly those involving keeping a rather narrow, steep drive- way passable during the winter months . Their property is such that ''it encompasses approximately 20 acres and stretches from the River up to the bluff line and well beyond the bluff line so that the top of the property is readily buildable . The Lindebergs are GWIN, GILBERT, GWIN & MUDGE November 19, 1982 -2- proposing to split the lot into two sites, one on the top of the hill where they would like to build their retirement home, and keep',; the house down by the River for sale at a later date. Above and beyond the argument I am going to set forth statutorily in this letter, I feel that the Lindebergs have been long-time resi- dents of St. Croix County, purchased this property many years ago with`' the idea of doing just what they are going to do now, and to ask them to infringe upon their privacy by allowing a one-acre parceel near their new proposed residence certainly would not be equitable nor fair in any sense of the word. Even to accomplish this' would be a mockery, because in order to make the two parcels contiguous, there would have to be some sort of a "goose-neck" for Ipossibly a quarter of a mile or more in order to connect the body of the goose down by the river to the one-acre head of the goose up on top of the hill . Article III of the St. Croix County Zoning Ordinance regulates shor6land zoning and specifically regulates the shoreland property along the St. Croix River. The general purpose of this ordinance is to protect: " (T)he public health, safety, convenience and general welfare and to prevent and control water pollution through controlling building sites, placement of structures and land uses through setting minimum lot sizes and widths. " S.C.Q. Z.O. 3.1.C. 2. f. (3) Section 3.2 governs lot dimensions, speci- ficallly Subparagraph A. sets standards for lots not served by public sewer: "1 . Minimum area and width for each main building: a minimum lot area shall be one (1) acre." The Lindebergs' land falls specifically within the "St. Croix Rivepr Valley District" regulations which are special regulations in addition to the rest of the County Zoning Ordinance Regulations and where they conflict with other zoning ordinances, the most re stri,ctive regulations apply. The applicable section 3.12 D.7. (c) (4) regulates dimensional standards for "Buildable Bluff top Areas" : "There shall be located within each parcel which is ro osed for single family . . . residential use a minimum net project area of at least one (1) acre per dwelling unit. " , GWIN, GILBERT, GWIN & MUDGE November 19, 1982 -3- It appears that the ordinance is geared toward strictly the proposed building of residences . In the case at hand, there is no proposed building because the land the Lindebergs would like to divide already has a valid non-conforming use and thus there is nothing proposed to be built. It seems superfluous to base the rejection of their proposed land division on the mere possibility of alrare occurrence of some sort of destruction of the existing house. In the unlikely event this did happen, because the owners would only be 9, 000 feet short of the net project area, it would be most probable that they would be granted a variance or a special exception as set forth in 3.12 F. as this would be exactly the sort of situation the variance was meant to remedy. However, Article 5, Section 7, Subparagraph B should also be taken into effect as this transaction is primarily a land division. Thissection provides that: " (N) o land shall be subdivided which is held unsuitable for its proposed use . . , for any circumstances likely to result in the imposition of unreasonable costs to remedy severe and avoidable problems . " Once again, the regulation is based on the proposal to build, not on the already erected structure, and the building in question here is not "unsuitable" . This then leads to Article 9, 4 (a) (4) dealing with destruc- tion of non-conforming uses. This section specifically sets forth the inability of the homeowner to rebuild a non-conforming use. However, Subparagraph 7 sets forth an exception for those uses which are special exceptions. It would appear under Section 9 .8 that there would be no prob- lem with allowing the area that is 9,000 feet short as a special exception for a net project area, once the new owners apply under a hardship application, etc. A plausible argument may be made that the proposed division of the Lindebergs most certainly is consistent with the general pur" pose' of the Shoreland Zoning Ordinance since their proposed house conforms to all regulations, and does not interfere with the scenic and recreational quality of the St. Croix River. Another argument might be made that this transaction is pri- marily a land division governed by Article 5 of the St. Croix County Zoning Ordinance and the proposed division by the Lindebergs meets all of the purposes set forth in this article, i.e. the "spirit" of the zoning ordinances . GWIN, GILBERT, GWIN & MUDGE November 19, 1982 -4- I have not even set forth the argument that I consider almost as important as the interpretation of the statute which deals with constructive taking of an individual' s property in violation of their due process, 14th Amendment Rights. I believe that more and more states and the federal government are starting to take notice of this and are making it a practice to compensate individuals who are not able to use their property in the manner that they see fit, 'particularly in a situation such as this where it would cause absolutely no harm to the environment or anyone else. I have tried to be as brief as possible and I hope that this letter will help shed some light as to our position on the request of the Lindebergs . Very truly yours, G , GIL ERT, G DGE obert W. Mudge RWM: jb cc: Mr. and Mrs . George Lindeberg Mr. James C. Rusch GWIN, GILBERT, GWIN, MUDGE & PORTER HUGH F. GWIN PHONES WILLIAM J.GILBERT ATTORNEYS AT LAW 715-38&5848 HUGH H. GWIN 612.436-5934 ROBERT W. MUDGE 430 SECOND STREET JOEL D. PORTER P.O. BOX 106 SHELLEY M. RILEY HUDSON, WISCONSIN 54016 FILE NO. November 17, 1983 1 ! _! ro St. Croix County Board of Review j f& FGi c/o Harold Barber Zoning Administrator P.O. Box 227 Hammond, Wisconsin 54015 Mr. Jake VanderVoort Wisconsin Department of Natural Resources 1300 West Clairmont Eau Claire, Wisconsin 54701 Mr. Steve Johnson Minnesota-Wisconsin Boundary Commission 619 Second Street Hudson, Wisconsin 54016 Mr. Eric J. Lundell District Attorney St. Croix County Courthouse 911 Fourth Street Hudson, Wisconsin 54016 RE: George and Mary Jo Lindeberg St. Croix River Property Gentlemen: A little less than a year ago, I wrote all of you a letter in preparation for a hearing in front of the St. Croix County Board of Review as to allowing the Lindebergs to subdivide their property which is located on the St. Croix River. Subsequent to that letter, we did come in to the Board of Review for a hearing, but at that point in time did not have a Certified Survey Map nor were any representatives of the DNR present. Therefore, we agreed that we would attempt to meet with the DNR and other people in order to more fully explain our position prior to coming in to another Board of Review meeting. Sometime during the winter of 1982 , the Lindebergs, Mr. VanderVoort, Mr. Johnson, Jim Rusch and myself did have a chance to go over the problem in some detail. I have also GWIN, GILBERT, GWIN, MUDGE & PORTER Page 2 November 17, 1983 had' a chance to discuss this with the St. Croix County District Attorney, who also acts as the County Attorney, Mr. Eric' Lundell. Just to refresh your recollection, this is a case where a house was built right down on the river on a twenty acre parcel, having a frontage of approximately 500 feet and a depth of somewhat over 1600 feet. The Lindebergs are desirous of splitting that property in half with approximately two ten acre parcels, one of which would front on the river and the other would be up above on toplof the bluff area overlooking the St. Croix. The reason for this is the Lindebergs children are now grown up and quite frankly they are tired of all the work that goes along with having a home directly on the river. Quite simply, I see the problem as two-fold: first of all, being that there is a structure grandfathered in on the proposed parcel which is fronts on the water, does there have to be a net project area of one acre; and, secondly, if the lot is an un.buildable lot, which this lot does appear to be under the present zoning laws, what is to preclude an individual from selling off a parcel as long as that person discloses to the prospective buyer that what he will be purchasing is going to be an unbuildable lot and that if the house that is presently on that lot does burn down, that in all likelihood it will not be able to be reconstructed. Dealing with the net project area question first, it appears that in carefully reading both St. Croix County zoning ordinances and the Wisconsin Administrative Code NR118 , it appears that there is, in fact, a net project area on the proposed parcel adjacent to the river in excess of one acre. I believe that Mr. VanderVoort had an opportunity to pick a map which Jim Rusch prepared of the property along with some diagrams on the property showing elevation and some indications as to net project area. Being that everyone else doesn' t have a copy of this, I am going to go ahead and enclose copies to everyone for your information. The reason for the new map is the definition that is set forth as to net project area in NR118 . 03 (14) , where it indicates that: (14) "Net project area" means lands intended for building development within identified project boundaries lying within the lower St. Croix river district less : (a) Land slopes in excess of 12% toward the river. (b) Area of stream floodways. GWIN, GILBERT, GWIN, MUDGE & PORTER Page 3 November 17, 1983 (c) Area of road right-of-way. (d) Major drainage ways . The initial drawing which was submitted on this particular project showed that there was a net project area of approximately 9, 000 square feet less than an acre. This is represented by the area on the present map where the shed and stockade are located. Basically, it is the area from the 120 slope line to the shaded area. In reading over the definition for net project area, it indicates that it is areas in less than 120 of slope not in the stream floodways. What I was unaware of the first time around is the difference between a floodway and flood fringe. These particular terms are defined in the St. Croix County Zoning Ordinance Article IV, Flood Plain Zoning. There it defines floodway as "lands immediately along the normal channel of the river or stream which must carry flood flows" and the flood fringe is defined as "lands further inland that provide storage rather than movement of water at times of flooding" . All of you are well familiar with the St. Croix River and the fact that there is little or no current whatsoever on the river, but what there is runs north to south. Needless to say, there is much more of a current in the channel between the railroad bridge and the freeway bridge in the Hudson area than there is in front of the Lindeberg's house where the river is almost two miles wide. In looking at the definition and discussing this matter with the Lindebergs, they brought out the point that the area directly to the east of their home which is below the 688 foot contour line and does occasionally flood during high water periods, actually fills from the south to the north given that the Lindebergs home and area to the north of that home is on somewhat of a swale as indicated on the map. You will note that the arrows show how that area does fill with water. The Lindebergs have indicated to me that this is a stagnant, non-moving area more like a pond once it does fill up with water. Certainly, in my estimation, this area would be classified as a flood fringe rather than a floodway area. Because of this , all of the shaded area between the house GWIN, GILBERT, GWIN, MUDGE & PORTER Page 4 November 17, 1983 and the shed and stockade is actually flood fringe area and would qualify as a net project area. Rather than being 9,000 square feet short of a net project area, it would be almost two areas, given that flood fringe area as indicated on the new map that has been provided. Needless to say, it would still be absolutely necessary for the Lindebergs to disclose to any future buyers of the proposed parcel fronting on the river that they still may have a very difficult time, if not impossible, getting a structure rebuilt on that parcel if the present home should burn down. Dealing with the second issue, it is my feeling that even given the premise, which we don' t agree with, that there is not a net project area on the proposed site fronting on the water, thus making it non-buildable, the Lindebergs could still subdivide this particular parcel and sell the southernmost portion as a non-buildable parcel . Therefore, a lot could be created and I am sure in many cases has been on the St. Croix RivFerway for sale strictly to people that may want to use it for recreational purposes such as boating, camping, etc. A good example of this might be the lot adjoining the Lindeberg property to the north indicated on the map by Singewald, which is 'a non-buildable lot but certainly has some value. As I set forth in my initial letter, the Lindebergs bought this property back in the 1950 's and certainly, even at that time, had planned to eventually build and retire on the top of the bluff rather down below on the water level . Over the years and up until relatively recently, they certainly would have been able to subdivide this particular piece of property without any problem. Now to come back on what may or may not be a technicality of what is a flood fringe versus a floodway area and attempt to preclude them from the use of their property, which use certainly would have no adverse affect on the St. Croix River scenic water- way, would seem to me to be extremely unjust. The Lindebergs have indicated to me that they would like to have this matter resolved prior to spring so that they would hopefully be able to start construction on a new house on the GWIN, GILBERT, GWIN, MUDGE & PORTER Page 5 November 17 , 1983 bluff area. I might add that they are asking for no variances whatsoever as to that particular structure. Therefore, we would like to have this matter come before the Board of Review either in November or December of this year. It is my understanding that the District Attorney of St. Croix County, Eric' Lundell, would like to have an opportunity to discuss this matter with the DNR representative, Mr. VanderVoort, once he has had a chance to confer with his legal counsel in Madison as to my interpretation of flood fringe versus floodway. In any event, I will be in touch with Mr. Barber to see what scheduling would be most convenient as to the Board of Review; and, hopefully, we can get this matter resolved prior to the first of the year. Very truly yours, GWIN, GILB WIN E & PORTER o er W. M dge RWM/bf Enclosure GWIN, GILBERT, GWIN, MUDGE & PORTER PHONES HUGH F. GWIN WILLIAM J.GILBERT ATTORNEYS AT LAW 715-386-5848 HUGH H. GWIN 612-436-5934 ROBERT W. MUDGE 430 SECOND STREET JOEL D. PORTER P.O. BOX 106 SHELLEY M. RILEY HUDSON, WISCONSIN 54016 FILE N0. November 16 , 19834 Mr. Harold Barber Zoning Administrator P.O. Box 227 Hammond, Wisconsin 54015 RE: Georqe and Mary Jo Lindeberg St. Croix River Property Dear Harold: It is my understanding that given the time frame that everyone is working with along with giving Mr. Lundell and yourself a chance to confer with the DNR representative, that this matter would be more appropriately scheduled for the December, 1983, meeting, which will take place on the 27th of December. I am also confirming the fact with you by this letter that at the time of that meeting the Lindebergs will not be required to present a Certified Survey Map, but rather a map of the property indicating where they would like to split the two proposed lots. The reason for this being that if the Board of Review and others do go along with my theory as to the net project area, then Mr. Rusch can prepare a Certified Survey Map at a later date for presentation to 'yourself for approval. Otherwise, if the Lindebergs are turned down on their request, they will not have to go through the added expense of having a Certified Survey Map done that will, in effect, not be usable. If there are any problems or changes with that, I would appreciate you getting in touch with me, otherwise we will see you on the 27th of December. Very truly yours, GWIN, TRo PORTER RWM/bf R l Ts HOH 3oaP3asTUTmPV BUTUOZ 3ag38q• '0 PTo3rH ` Alai OUTS ' aOT33o STTIa aOtaauOD aseaTd ' sUoTasanb Cue anaq noX pTnogS •aattp 1RuT3satl aqa oa 3oT3d sAup ( L) UanaS 07 (S) anT3 ATaaemTxoaddP TTPM P9T3Ta190 Aq . paT3Taou aq TTT.M s3auMo A:jiad03d 9UTL1TOCpP pun AJOTO umO1 3noA • aTgTssod St, uoos se aOT33o sTtla A3Taot1 aenm noA ' noX gITM auamaa18a uT IOU ST aaeP anoge aqa 3T ' BuTxxaq eTga PtlaaaP, 9nTat?auasa3da3 3noA 3o noA 3011aTa ar.ga smPT aqa Aq (IgXjnbHM ST aI • • UTusoOSTM ` uospnH ' asnoga3noa 'moog pigog AlunOD xTo3-) - IS aqa uT 'tu ' p 00 - OT ae 3aP30 oa POTTVI aq TTTM RUT.ztzaq 9til �. ' Z86T ` SZ AuW 303 paTnpagO4 uaaq s>3q T.radd4r inaA • ?UT3eaq aqa to asoo aq7 feijap dTaq oa OOT$ 3o 7uamAvd aqa puiR UOTa>?OTTddV auomasnCpV 3o p38oq paaaTdmoo xnoA POAT9003 anP.q aM : OTd 3aquinN TUady aualuasnCpV 3o pirog "iii Z,86T ` E AEW S 10V9 IM '4NOWWVH ,. 61;U-96Z 3D1JJ0 ONINOZ N IS NO 3S IM Y+ j. AIN00a X 10aa '1S Y BOARD OF ADJUSTMENT DECISION Request of Mr. and Mrs . George Lindeberg ' ) for a special exception use, Article 3 . 12, ) A-10-82 St . Croix Riverway District , ST . CROIX ) May 27 , 1982 COUNTY ZONING ORDINANCE. Location : Part ' ) of Government Lot 1 , Section 13 , T28N- ) R20W, Troy Township . ) The St . Croix County Board of Adjustment conducted a public hearing on May 25 ,' 1982 to consider the request of Mr . and Mrs . George Lindeberg for a special exception use , Article 3 . 12 , St . Croix Riverway District , ST . CROIX COUNTY ZONING ORDINANCE . The St . Croix County Board of Adjustment conducted an on-site inspection of the site in question. After inspection, the St . Croix County Board of Adjustment entered an Executive Session to discuss the request . After returning to open session, the following decision was rendered . Motion by Supervisor George to delay any decisions on this property until highwater mark, bluffline and survey has been completed . Seconded by Supervisor Stephens . Motion carried. Vote to delay action. George, yes ; Meinke, yes ; Stephens , yes . Robert Stephens , S cretary- St . Croix County Board of Adjustment RS :HCB : sl Donna Wilcoxson, Clerk Mr . and Mrs . George Lindeberg James Rusch Al Santala, DNR Steve Johnson, MN-WI Boundary Area Commission r SPECIAL EXCEPTION USE ' PERM-I'1' APPL.I'CA7_l_0N,FOR S'1 CROIX COUN y hereby applies to the ST. CROTX COUNTY BOARD OF The undersigned he y pl ADJUSTMENT pursuant to Chapter 9 of the ST. CROIX C0UNTY ZONING OI.W.NANCL for a special exception use hermit and represents as follows : APPLICANT ADDRESS OWNER of SITE � t� a �r`rC�� ADDRESS `c C� �^ _ � ARCHITECT, ENGINEER, CONTRACTOR 0 LEGAL DESCRIPTION OF SITE 5&e e-f-c ?emu ADDRESS OF SITE QC' TYPE 0 ' STUCTURE PROPOSED USE OF STRUCTURE OR SITE 51.00C , T o ZONING-, DISTRICT ofwfX SECTI0IN OF ZONING ORDINANCE WHICH IDENTIFIES THIS USE AS A SPECIAL EXCEPTION USE IN THE ZONING -DISTRICT r� . PLAT OR SURVEY OR SCALE MAP MUST ACCOMPANY THIS APPLICATION. The applicant must sukmit , as part of this application, those items of information identified d in the following; checklist as being relevant to the ordinance standards applicable to th p op �d u DATE � 1 _ O 02— SIGNED App i ant Agent- Payment of $100. 00 payable to St . Croix County 'Zoning; Administration is " due at'itime of submittal to Zoning Office of application. r V 1• V r V 'i�Nl fi 9 -Jib c 'L1 May 10, 1982 Town Board Town of Troy Gentlemen: This letter concerns the Lindeberg's proposal to build a house just east of the St. Croix bluffline (see Exhibit A for maps and a complete description) . They would proceed to plan and build such a house only if they could first sell their present house on the same property, down on the flood plain. The Lindebergs have been told that, with the proposed extra house, there would be a conflect with recent Tro4 policy regarding access to houses near the St. Croix over road easements less than 4 rods wide. The present road is jointly owned by two of us, Bruglers and Lindebergs. It goes east from the SE corners of Section 12, for i mile to Cty. Tk F. It was upgraded in 1969 by the Town of Troy Highway Dept. (see Exhibit B for details) Since then, the three of us (those using the road for access to existing dwellings) , have been completely satisfied. We would forsee no problem if there were up to two additional dwellings accessed by the road. If one or two new dwellings were to be built, any new owners of these or existing dwellings would be informed about the overall setup. They would also have to agree to share in policing and upkeep of the private road as a condition for getting easement rights. We understand that the farm to the north of the Burgler-Lindeberg private road is up for sale, and that there has been talk of subdividing the strip immediately to the north. For access to any such subdivision, we've heard that town and county policy call for the acquiring and upgrading of at least the east end of the Brugler-Lindeberg road. It would be natural then, for access to all dwellings on the original Burgler-Lindeberg 40 acres to tie into that of the new subdividion, and to no longer use the present private road. Sincerely, ' �n Jan Bel Ler Ed and Jo B gler Geor and Mary,'J-c in berg ■■■ ■ lflM■■■ ■■■■ ■■■■ ,1�1 t ■ ■ ■■■ ■■ Ell :.�. •,� , - - &.ago lid ININ■■IN t •.,., ,. t - MINI MEMO MEN ■■■■ ■ 1 ■■ _ t IN■■IN■ ■ �■■ ■■■r■■■■■ t ■■■ MIS // ■■■■ ■ ! i�►�.a.� ■■�■t SOMME■ . I NEIINIMMISIMME MEMMIN NO WOMEN MIMENIMMEN ■■■■■■Lii%�fi�i■■i t l■■■■■OEM■■OEM M0 ■�■■■■■■■M��!■®MIS!I■�■■■MMM■M■MSo