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HomeMy WebLinkAbout038-1125-50-000 (2) ST. CROI :} 5 � �1TY Land Use Planning&Land Information lC'offf"2 d Resource Management Community Development Department September 9,2014 Kevin Riebe 1900 Raleigh Rd. New Richmond,WI 54017 Determination for Land Use Permit-Parcel#31.31.18.516C.Town of Star Prairie CDD staff met on September 5th to review your plans for constructing an accessory structure(shed)on the above site as shown on your concept site plan. The proposed construction site is located south of the existing carport and>5' from the south property line and will meet required structural setbacks from the Apple River's Ordinary High Water Mark(OHWM). It will also be outside/above the floodplain elevation for the river. This letter is a determination regarding zoning permits that may/may not be necessary for your proposed project(s)in the Shoreland overlay district. The proposed accessory structure will be 10' x 16'or 160 sq.ft. in size. Applicable Shoreland ordinances are summarized below: Code Proposed Project Standards&Requirements References 17.30 F.4 The proposed shed will be a legal conforming accessory structure that will be>75' from the &G.1 &G.2 OHWM of Pine Lake. The proposed accessory structure must meet all other required structural setbacks and height limitations for an A -Residential property per General Zoning ordinances. 17.30.1.2.a.1) There will be a net land disturbance(grading)of less than 2000 sq. ft. on slopes<12%within 300' of the lake's OHWM for this project;this amount of land disturbance is exempt from a land use permit. 17.30.J.1 -4 The calculated impervious surface areas on this site after construction will be 3500 sq.ft. or 9.57%of the total land within 300' of the OHWM. This is below the 10%total impervious surface allowed without mitigation. Storm water runoff from the new building's roof should, however,be directed into areas that allow infiltration into the soil and not create a direct discharge into the lake. A stormwater management plan is not required at this time. 17.30 L.1 There is existing vegetative buffer within a 35' shoreline buffer zone from the OHWM and no proposal to remove vegetation within 75' of the OHWM. At this time,your proposed construction will not require any land use permits. If your plans change and you wish to add impervious surfaces that exceed the 10%maximum,a land use permit with mitigation would be required. P eel free to call or email if you have any questions regarding this Shoreland zoning permit determination. i am uinn, CDD and Use Specialist pam.quinn(a�co.saint-croix.wi.us Cc: Brian Wert, Star Prairie Building Inspector Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, WI 54016 Fax 715.386.4686 www.sccwi.us/cdd www.facebook.com/stcroixcountywi cdd@co.saint-croix.wi.us .. STO Cox COUNTY AAA PLANNNG Z®NNG August 15, 2008 Mr. Kevin Riebe Raleigh Rd. New Richmond, WI 54017 RE: Repair/Reconstruction of a Nonconforming structure in the Shoreland District of the Apple River Code Administration Parcel #038-1125-50-000 Computer#31.31.18.516C 715-386-4680 Land Information & Dear Mr. Riebe, Planning After review of the plans and photographs that ou have submitted to this 715-386-4674 p y department for replacement of a hail-damaged sun room, Kevin Grabau Real Property and I have determined your room replacement project will not require a 715-386-4677 variance or a land use permit. The existing structure is shown on a Certified Survey Map that includes locations of the river's Ordinary High Recycling Water Mark and the 75' setback. The damaged sun room is attached to 715 386-4675 your principal structure and extends into the 75' OHWM setback for the Apple River, thus making your home a legal nonconforming structure, as defined in Section 17.09 of the St. Croix County Zoning ordinance. However, 2005 Wisconsin Act 112 prohibits county zoning ordinances relating to shorelands from preventing the restoration of a nonconforming structure that has been damaged by forces of nature (violent wind, ice, snow, etc). This decision was based on the following sections of the St. Croix County ordinance: • The project will not include any filling and grading in the Shoreland per Section 17.29 of the Shoreland Ordinance; • You have already completed an elevation survey that documents the structure is not in the Apple River floodplain and reconstruction will not be subject to Section 17.40; • The demolition and reconstruction will take place on the existing. foundation footprint, which will not expand, enlarge or alter the structure in any way that increases its nonconformity per Section 17.70(4)2; • The structural alteration or repair shall not exceed 50% of the nonconforming structure's market value per Section 17.70(4)3. You provided the insurance claim estimates and payment for the project, which documents the project will cost less than 20% of the structure's assessed valuation. ST.CRO/X COUNTY GOVERNMENT CENTER 1 10 1 CARM/CHAEL ROAD,HUDSON, W/ 54016 715-386-4686 FAA During our meeting on August 13th, we discussed the difference between a voluntary remodeling or building addition to a nonconforming structure as opposed to your repair/reconstruction project. Any alterations beyond the proposed plan would require a variance request from the Board of Adjustment due to its location within the 75' OHWM setback. A copy of this letter will be faxed to Brian Wert, Star Prairie Building Inspector, to document the county's decision that a permit is not required. Please proceed to the Town of Star Prairie to obtain the required building permit. If you have any questions or concerns, please contact me. Sincerely, ,� Pamela�Qu Zoning Specialist Cc: Town of Star Prairie ST.CROIX COUNTY GOVERNMENT CENTER 1 101 CARMICHAEL ROAD,HUDSON, WI 54016 715-386-4686 FAA RECEIVED ?'o �°,� ,tt Sf-, �i�o:.c Cj�u.•��L., Zovl�u � AUG '14 2008 ST.CROIX COUNTY ZONING OFFICE d N /yl a y d1S� o f o?OD� w e e Q!`ve, .o-yr Q.a f�✓ 1� ,� �o ou sa,� ®qoo.►� e w e le j sivee— /Zvo.n a /9vo �.fGc ry� _ �o,�-�� �e�.✓ �,`�i .,,ram-�, GcJ„� /`'1c �.�.'� ��v,�� sm.,s t. /; Je >Oqo y/,mss. su,��o..z eloc-1-4ce C/ -4- 44.-✓C 4e eo...�js.�,.vJ, , 73e- Roo., .v.9, /o��. �44vot 24`0 ' O 7'0 A-e.0 .ti..AF-04='- w�� /�/ �.o ;a s � •e S, n ego{ er I o ..S - X•¢-�� ,r2/j c/o s c Q� wit c �O/W-sYS i�i •f`�e�c.✓,s S it oc C-�lor e.. .� u�o cam/ ✓t Z u, 174 lit�.r✓t+v o✓S i fn�S Evil C/O ScaC� 4W,-l/ X G -.s,~.e -s S�� o� �� ..S'�+•+�" To�e.-c �•./-il�s,J T��°l 'ems.���S' %Ltip fL eN 1j" � i S'Z�• �-�- �"�.--.�t�Ivs+r.�-� /�d�/✓! C�rvC'� A�r�-�N,, /�/ ��ns�ce..v,.rc� //So ,�� oL—�cs•4� ��-�6 Parcel #: 038-1125-50-000 08/15/2008 02:33 PM PAGE 1 OF 2 Alt. Parcel#: 31.31.18.516C 038-TOWN OF STAR PRAIRIE Current X ST. CROIX COUNTY,WISCONSIN Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type 00 0 Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner O- RIEBE, KEVIN W&SUSAN M KEVIN W&SUSAN M RIEBE 1900 RALEIGH RD NEW RICHMOND WI 54017 Districts: SC=School SP=Special Property Address(es): '=Primary Type Dist# Description ` 1900 RALEIGH RD SC 5432 SOMERSET SP 1700 WITC Legal Description: Acres: 0.840 Plat: N/A-NOT AVAILABLE SEC 31 T31 R1 8W PT NW NE BEING LOT 5 Block/Condo Bldg: CSM 11/3081 .84 AC Tract(s): (Sec-Twn-Rng 401/4 1601/4) 31-31N-18W Notes: Parcel History: Date Doc# Vol/Page Type 09/22/2000 630401 1545/18 WD 07/23/1997 1177/129 WD 07/23/1997 1177/127 07/23/1997 1054/28 LC more 2008 SUMMARY Bill#: Fair Market Value: Assessed with: 0 Valuations: Last Changed: 10/15/2004 Description Class Acres Land Improve Total State Reason RESIDENTIAL G1 0.840 98,900 160,600 259,500 NO Totals for 2008: General Property 0.840 98,900 160,600 259,500 Woodland 0.000 0 0 Totals for 2007: General Property 0.840 98,900 160,600 259,500 Woodland 0.000 0 0 Lottery Credit: Claim Count: 1 Certification Date: Batch#: 137 Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 Do Not Write In This Space! Zoning Department Use Only! File #: Activity: Rezoning / ariance / ecial Exception Proposed Zoning District: A2-01 AG-02 AR-03 RES-04 COM-05 IND-06 Current Zoning District: A2-01 AG-02 AR-03 RES-04 COM-05 IND-06 Overlay District(s): None-01 Shoreland-02 Wetland-03 Floodplain-04 Riverway-05 Variance/Special Exception Code(s): / See Attached UsL Ordinance Section #(s): Disposition: Denied-01,,,kApproved-02 / ithdrawn-03 / Postponed-04 Date: Supporting Evidence: ---VPS NO Plot Map or Plan /ate Plan own Approval Ltr. CSM / Photos Maps / Soil Test Other: farce .) e- 44&r TrOW Sn. , Sec. re ; azr- kar }pause d�S4b;► A—il Hardship: NO Linked to Rezoning: YES CNOD Conditions: YES =NO Objections: YES NO 8� p Nk 2/96 FINDINGS, CONCLUSIONS, DECISION AND ORDER OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 38-96 Complete Application Received: 5/2/96 Hearing Date: 5/23/96 Dates of Publication: Weeks of 5/06/96 and 5/13/96 FINDINGS OF FACT Having heard all the testimony, considered the entire record herein, and conducted an on-site inspection, the Board finds the following facts: 1. The applicant is Barbara Hause, whose address is 1900 Raleigh Road, New Richmond, Wisconsin 54017 . 2 . The applicant, on May 2, 1996, filed with the Zoning Office an application for a variance request for a setback from a class D road and water. 3 . Barbara and Clyde Hause are the owners of the property which is the subject of this application which is located in part of Govt. Lot 5 of the SW; of the SE', of Section 30, T31N, R18W, and part of the NW-, of the NE-4 of Section 31, T31N, R18W, Town of Star Prairie, St. Croix County, Wisconsin. 4 . The subject property is currently used for a single family residence. 5. Nelson stated this was a request for a setback variance from a Class D road and from water. Barbara Hause, being duly sworn, stated she resides at 1900 Raleigh Road, New Richmond, Wisconsin and they are requesting a small setback variance from the Apple River and a setback variance from Highway 64 and across from C. 6. Nelson introduced Exhibit #1, a site plan of the residence showing a 100' setback from the road and 75' setback from the Apple River; Exhibit #2 , a duplicate of Exhibit #1 showing the proposed addition with the same setbacks; Exhibit #3 , a parcel map from the Real Property Listers office showing location of the parcel ; Exhibit #4 , a drawing of the existing house; Exhibit #5, a drawing of proposed addition showing the width to be 26' with the extension being 18' ; Exhibit #6, a copy of a photograph with the area of the addition highlighted; Exhibit #7 , a sheet listing the reasons for the setback request; Exhibit #8, a letter from the Social Security Administration stating disability of Barbara Hause; Exhibit #9, correspondence from the Town of Star Prairie stating no objections to this request. i STIROIX COUNT `, WISCONSIN rrn oil Novo ■INlop ZONING OFFICE -- ST. CROIX COUNTY GOVERNMENT CENTER •' _ 1101 Carmichael Road Hudson, WI 54016-7710 °f (715) 386-4680 June 21, 1996 Barbara and Clyde Hause 1900 Raleigh Road New Richmond, WI 54017 RE: Board of Adjustment Decision File Ref: 38-96 Dear Mr. & Mrs. Hause: The St. Croix County Board of Adjustment has reviewed your application for a setback variance from a class D road and water and has approved your application. The enclosed document is the formal decision regarding your application. If you have any questions, please give our office a call. Sincerely, Thomas C. Nelson Zoning Administrator db Enc. cc: Ruth A. Johnson, Clerk Town of Star Prairie 2125 County Road CC New Richmond, WI 54017 DECISION On the basis of the above Findings of Fact, Conclusion of Law, and the record herein, the Board approves the applicant's request for a setback variance from a Class D road and setback from water on the following vote: Chairman Bradley yes T. Filipiak yes A. Jensen yes C. Mehls yes with the following conditions: 1. This decision expires on May 23 , 1997 . No construction may begin or continue after this date unless an extension is granted in writing by the Board of Adjustment prior to the expiration date. 2 . The applicant must complete this project according to the plans submitted. Minor changes in the project must be submitted to and approved in writing by the Zoning Office before the project starts or continues. Major changes must be brought back to the Board of Adjustment for review and approval . 3 . The applicant is responsible for obtaining any permit or approval required for the project by municipal, town or county zoning ordinances or by the U.S. Army Corps of Engineers before starting the project. 4 . The applicant must provide confirmation that he/she has completed permit process with all other regulatory agencies. 5. The applicant must allow free and unlimited access to the project site at any reasonable time to any Zoning Office employee who is overseeing the project's construction, operation, or maintenance. 6. The Board of Adjustment may change or revoke this decision if the project becomes detrimental to the public interest. 8 . The applicant must keep a copy of this decision at the project site at all times until the project has been completed. 9. Tom Nelson, Zoning Administrator, shall be notified prior to beginning the project. Call him at (715) 386-4680 so that compliance inspections can be made. 10. Setback is approved for 6917" from the road and structure is to be no closer to the water. 11 . No permits will be issued until site is cleaned up. Applicant 7 . Hause stated they purchased the house on May 5th, under the condition they could build closer to the road and river. Hause went on to state she had been hit by a drunk driver and suffered nerve damage and as a result she cannot hold heavy items. She stated she is trying to focus on getting better. She added that they have lived in a three level home and her husband does not do laundry and her intentions are to extend the bedrooms to make a first floor laundry. 8 . Nelson asked what setback distance she was requesting. Hause stated she is requesting an 8' variance to be closer to the road (about a 92 ' encroachment/setback) and asking for a total variance of 81 square feet (river and road setback combined) . She stated the addition will be 18' x 26' and they will be contracting for the heating of this addition which will be under $20, 000. CONCLUSION OF LAW The Board Concludes that: 1. The Board of Adjustment has authority under Section 17.70 (5) (c) 3 to approve or deny an application for a variance. 2 . Section 17 . 64 (1) (d) (2) requires the setback from Class D Highways to be 133 ' from the centerline of such highways or 100' from the right-of-way line, whichever is greater. 3 . Section 17 . 13 (2) requires all buildings and structures, except piers and wharves, shall be set back at least 75 feet from all points along the normal highwater elevation. 4 . A literal enforcement of the terms of the Zoning Code would result in unnecessary hardhsip to the applicant because of the physical limitations of the property. 5. A variance would not be contrary to the public interest and would be in accord with the spirit of the Zoning Code because the purpose of the ordinance is to promote public safety, general welfare and convenience. 6. The variance is requested due to limiting physical characteristics of the property because the requirements cannot be met to meet the road and waterline setbacks. is to notify zoning office upon completion of site clean up and site visit will follow to verify compliance of clean up. 12 . Accepting this decision and beginning the project means that the applicant has read, understands, and agrees to follow all conditions of this decision. APPEAL RIGHTS This decision may be appealed by any person aggrieved by filing an action in certiorari in the circuit court of this County within 30 days after the date of filing shown below. The County assumes no liability for and makes no warranty as to the legality of any construction commenced prior to the expiration of this 30-day period or the identity of any person who may claim to be aggrieved by this decision. /Z�ONINppG BOARD OF ADJUSTMENT ova.. 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