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
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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
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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
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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
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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
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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.
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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
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