HomeMy WebLinkAbout038-1017-40-000 3. With the proposed roof alteration, the height of the structure shall not exceed 35 feet as measured from
the base elevation to the midpoint between the eaves and the peak.
7. Any future improvements, additions, modifications, or structural alterations to the nonconforming principal
structure that exceed 50 percent of its present equalized assessed value shall require prior submittal of an
elevation certificate (see attached FEMA form) to determine if the structure is located in or out of the
floodplain and to determine if the structure must be brought into compliance with the standards in the
Shoreland and Floodplain districts.
4. Within 60 days of this approval, the applicant shall plant additional native trees and shrubs (see attached
Native Plant List) within 35 feet of the OHWM of Cedar Lake in order to better screen the structure
from the lake, filter and slow storm water runoff from the structure and parking lot before reaching the
lake, and provide shoreline wildlife habitat(see Condition #5 below).
5. Within 60 days of completing construction,the applicant/property owner shall submit to the Zoning
Administrator photos of the completed roof and landscaping as viewed from the shoreline of Cedar
Lake. The applicant shall plant additional native trees and shrubs as required by the Zoning
Administrator to meet the conditions above.
This approval does not allow for any additional construction, structures or structural changes, grading,
filling, or clearing of vegetation beyond the limits of this request. Your information will remain on file in
the St. Croix County Planning and Zoning Department. I understand that you have already obtained a building
permit from the Town of Star Prairie. It is your responsibility to ensure compliance with any other local, state,
or federal rules or regulations.
Please feel free to contact me with any questions or concerns.
Sincerely,
Jenny Shillcox
Land Use Specialist/Zoning Administrator
Eric: Land Use Permit
FEMA Certificate of Elevation
Native Plant List
Cc: Felicia Germain, Town of Star Prairie
Eunice Post, Wisconsin Department of Natural Resources
Gary Lepak, Wisconsin Department of Natural Resources
File
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PLANNING &. ZONING
..... .......
August 14, 2006 rile#: Lu005p
James Meister
1176 County Road H
New Richmond, WI 54017
Re: Meister Land Use Permit, Shoreland and Floodplain Districts
Parcel#03.31.18.58,Town of Star Prairie
Dear Mr. Meister:
Code Administrauazr
715-386-4680 This letter confirms zoning approval according to the plans you have submitted to replace a
Land Information&: ' flat roof with a pitched roof on a nonconforming structure within the Shoreland District of
Planning Cedar Lake in the Town of Star Prairie. Staff finds that the proposed project meets the spirit and
715-386-4674 ;:;;`` intent of the St. Croix County Zoning Ordinance and Shoreland District Nvith the following
AW
findings:
RealProrry 1. Principal structures are allowed with a land use permit in the St. Croix County Shoreland
715 7,436-4677 Overlay District pursuant to Section 17.35(2)(b) of the St. Croix County Zoning
Ordinance,
Recycling 2. The principal structure houses a restaurant, bar and residence and is located within the
F5-386-4675 OHWM setback of Cedar Lake and the road setback of Highway H, malting it a
nonconforming use and a nonconforming structure. The applicant obtained a variance in
1995 to construct a garage within the road setback. The proposed roof alteration \,\,ill not
expand these nonconformities;
3. It appears that the structure is located substantially above the floodplain of Cedar Lake;
however,the property has not been surveyed to verify this. For structures that are located
in the floodplain, improvements are limited to less than 50 percent of the present
equalized assessed value over the life of the structure, at which time the structure must be
brought into compliance pursuant to Section 17.40 H.Lb.6) of the St. Croix County
Zoning Ordinance. The proposed roof alteration is less than five percent of the value of
the structure and thus would be allowed even if the property is within the floodplain;
4. No filling and grading or vegetation removal is being done as part of the proposed roof
alteration;
5. The shoreline does not currently contain native trees and shrubs to adequately screen the
proposed roof from the lake or provide shoreline habitat. With conditions for enhancing
the current level of native vegetative cover within 35 feet of the shoreline, the natural
appearance and ecology of the shoreline will be improved and will help to mitigate the
impacts of improving a nonconforming structure located in such close proximity to the
OHWM;and
6. The Wisconsin Department of Natural Resources has reviewed the plans and has not
objected to the request.
Approval of the land use permit is subject to the following conditions:
1. The applicant/property owner must contact the Zoning Administrator prior to
commencing construction and when all construction is completed.
2. The roof and all trim must be finished in earth tone colors to complement the natural
surroundings.
ST.CROIX COUNTY GOVERNMENT CENTER
1 101 C.ARMICHAEL ROAD, HUDSON, W1 54016 715386-4686 Fax
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STATE OF WISCONSIN Miscellaneous structure PERMIT
DEPARTMENT OF NATURAL RESOURCES IP-WC-2012-56-00281
Cedar Lake Ski is hereby granted under Section 30.12(3m), Wisconsin Statutes, a permit
to place structures necessary for installation of a water ski course on the bed of Cedar
Lake, in the City of New Richmond, St. Croix County, also described as Section 3,
Township 31 North, Range 18 West, subject to the following conditions:
PERMIT
1. You must notify Stacy J. Steinke at StacvJ.Stein kea-wisconsin.gov or(715) 839-1600
before starting construction and again not more than 5 days after the project is
complete.
2. This permit allows the structures (defined as twenty-two 10-inch water ski buoys
attached to 20-pound galvanized steel boat anchors by 5/16-inch nylon rope) to be
installed and removed annually for a period of up to 5 years expiring on May 31, 2017.
If you wish to continue annual installation of the water ski course beyond the
expiration date, you may submit a written request for an amendment to this permit
prior to the expiration date. Your request must demonstrate that all permit
conditions have been met and include written consent from the riparian landowners
verifying that they are not opposed to continued installation of the water ski course.
Pending receipt of your request, the Department may issue an amendment to this
permit to extend the expiration date. You may not continue installation of the water
ski course after the original permit expiration date unless an amendment to this permit
is granted by the Department in writing.
3. This permit does not authorize placement of any structures other than what you
specifically describe in your application and plans, and as modified by the conditions
of this permit. If you wish to alter the project or permit conditions, you must first obtain
written approval of the Department.
4. You are responsible for obtaining any permit or approval that may be required for your
project by local zoning ordinances and by the U.S. Army Corps of Engineers before
starting your project.
5. Upon reasonable notice, you shall allow access to your project site during reasonable
hours to any Department employee who is investigating the project's installation,
operation, maintenance or permit compliance.
6. The Department may modify or revoke this permit if the project is not installed and
maintained according to the terms of the permit, or if the Department determines the
activity is detrimental to the public interest.
7. You must post a copy of this permit at a conspicuous location near the project site,
visible from the waterway, for at least five days prior to installation, and remaining at
State of Wisconsin
DEPARTMENT OF NATURAL RESOURCES Scott Walker,Governor
West Central Region Headquarters Cathy Stepp,Secretary
Telephone 608-266-2621
1300 W Clairemont Avenue
PO Box 4001 Toll Free 1-888-936-7463 oar
Eau Claire,WI 54702-4001 TTY Access via relav-711 2
05/31/2012 I P-WC-2012-56-00281
Cedar Lake Ski
James Meister
1176 County Road H
New Richmond, WI 54017
Dear Mr. Meister:
We have reviewed your application for a permit to place structures on the bed of Cedar
Lake, in the City of New Richmond, St. Croix County. You will be pleased to know your
application is approved with a few limitations.
I am attaching a copy of your permit which lists the conditions which must be followed. A
copy of the permit must be posted for reference near the project site. Please read your
permit conditions carefully so that you are fully aware of what is expected of you.
Please note you are required to submit photographs of the installed project within 7
days after installation. This helps both of us to document the completion of the project
and compliance with the permit conditions.
Your next step will be to notify me of the date on which you plan to start installation and
again after the course has been installed.
If you have any questions about your permit, please contact me at (715) 839-1600 or
StacyJ.Steinke@wisconsin.gov.
Sincerely,
5t4at."' .
Stacy J. Steinke
Water Management Specialist
Ecopies: Bill Yearman, Recreational Safety Warden, DNR
Paul Sickman, Conservation Warden, DNR
Marty Engel, Fisheries Biologist, DNR
Dan Helsel, Watershed Program Supervisor, DNR
Patrick Sorge, Program and Planning Analyst, DNR
Dan Munson, Project Manager, U.S. Army Corps of Engineers
Kevin Grabau, St. Croix County Code Administrator
d nr.wi.gov
wisconsin.gov Naturally WISCONSIN Recydan
Recycled
Paper
2. The water ski course structures consist of twenty-two 10-inch water ski buoys
attached to 20-pound galvanized steel boat anchors by 5/16-inch nylon rope and
arranged in a linear pattern from the western most buoy (Lat: 45.2019833, Long: -
92.5767333) to the eastern most buoy (Lat: 45.2017167, Long:-92.5734333).
3. The Department has evaluated the project as described in the application and plans.
4. The proposed project, if installed in accordance with this permit will not adversely
affect water quality, will not increase water pollution in surface waters and will not
cause environmental pollution as defined in s. 283.01(6m), Wis. Stats.
5. The Department of Natural Resources and the applicant have completed all
procedural requirements and the project as permitted will comply with all applicable
requirements of Sections 1.11, 30.12(3m), Wisconsin Statutes and Chapters NR 102,
103, 115, 116, 117, 150, 299, and 329 of the Wisconsin Administrative Code.
CONCLUSIONS OF LAW
1. The Department has authority under the above indicated Statutes and Administrative
Codes, to issue a permit for the construction and maintenance of this project.
NOTICE OF APPEAL RIGHTS
If you believe that you have a right to challenge this decision, you should know that the
Wisconsin statutes and administrative rules establish time periods within which requests
to review Department decisions shall be filed. For judicial review of a decision pursuant
to sections 227.52 and 227.53, Wis. Stats., you have 30 days after the decision is
mailed, or otherwise served by the Department, to file your petition with the appropriate
circuit court and serve the petition on the Department. Such a petition for judicial review
shall name the Department of Natural Resources as the respondent.
To request a contested case hearing of any individual permit decision pursuant to
section 30.209, Wis. Stats., you have 30 days after the decision is mailed, or otherwise
served by the Department, to serve a petition for hearing on the Secretary of the
Department of Natural Resources, P.O. Box 7921, Madison, WI, 53707-7921. The
petition shall be in writing, shall be dated and signed by the petitioner, and shall include
as an attachment a copy of the decision for which administrative review is sought. If
you are not the applicant, you must simultaneously provide a copy of the petition to the
applicant. If you wish to request a stay of the project, you must provide information, as
outlined below, to show that a stay is necessary to prevent significant adverse impacts
or irreversible harm to the environment. The filing of a request for a contested case
hearing is not a prerequisite for judicial review and does not extend the 30-day period
for filing a petition for judicial review. If you are not the permit applicant, you must
provide a copy of the petition to the permit applicant at the same time that you serve the
petition on the Department.
least five days after installation. You must also have a copy of the permit and
approved plan available near the site at all times while the course is installed.
8. Your acceptance of this permit and efforts to begin work on this project signify that
you have read, understood and agreed to follow all conditions of this permit.
9. You must submit a series of photographs to the Department, within one week of
installation of the structures at the site. The photographs must be taken from
different vantage points and depict all work authorized by this permit.
10.You, your agent, and any involved contractors or consultants may be considered a
party to the violation pursuant to Section 30.292, Wis. Stats., for any violations of
Chapter 30, Wisconsin Statutes or this permit.
11.All equipment used for the project including but not limited to boats, anchors, ropes,
and buoys shall be de-contaminated for invasive and exotic viruses and species
prior to use and after use.
The following steps must be taken every time you move your equipment to avoid
transporting invasive and exotic viruses and species. To the extent practicable,
equipment and gear used on infested waters shall not be used on other non-infested
waters.
1. Inspect and remove aquatic plants, animals, and mud from your equipment.
2. Drain all water from your equipment that comes in contact with infested waters.
3. Dispose of aquatic plants, animals in the trash. Never release or transfer aquatic
plants, animals or water from one waterbody to another.
4. Wash your equipment with hot (>104° F) and/or high pressure water, or allow
your equipment to dry thoroughly for 5 days.
12.To protect fish habitat during spawning seasons, the structures may not be placed
prior to May 15 and must be removed by September 15 annually.
13.The structures must be placed in the locations specified on your March 29, 2012
course map and all structures must be placed beyond the 11-foot water depth
contour line to avoid impacts to the designated Critical Habitat Area.
FINDINGS OF FACT
1. Cedar Lake Ski has filed an application for a permit to place structures necessary for
installation of a water ski course on the bed of Cedar Lake, in the City of New
Richmond, St. Croix County, also described as S3, T31 N, R1 8W.
The filing of a request for a contested case hearing does not extend the 30 day
period for filing for j
p 9 a petition judicial review.
A request for contested case hearing must meet the requirements of section 30.209,
Wis. Stats., and section NR 310.18, Wis. Adm. Code, and must include the following
information:
1. A description of the Department's action or inaction which is the basis for the
request; and,
2. A description of the objection to the decision that is sufficiently specific to allow
the department to determine which provisions of Chapter 30, Wis. Stats., may be
violated; and
3. A description of the facts supporting the petition that is sufficiently specific to
determine how you believe the project may result in a violation of Chapter 30,
Wis. Stats.; and,
4. Your commitment to appear at the contested case hearing, if one is granted, and
present information supporting your objection.
5. If the petition contains a request for a stay of the project, the petition must also
include information showing that a stay is necessary to prevent significant
adverse impacts or irreversible harm to the environment.
Dated at West Central Region Headquarters, Wisconsin on 05/31/2012.
STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES
For the Secretary
By
Stacy J. Steinke
Water Management Specialist
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Personally came before me this ________________day of
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foregoing Instrument and acknowledge the tame.
THIS 1mom imuT w/rs o*Arnw sT
Steven-G. Danielson, Attorney at Law------.-._-r___________________________________________________________________
P.O. Box 1_67, Eau Claire WI .
54702 .••..........................•---...--_.. ...._...............
Notery Public County,Wis.
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