HomeMy WebLinkAbout040-1175-40-000 (2)
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
May 24th, 2016 File#: LUP-2016-008
Tim Koxlien
262 Cove Road
Hudson, WI 54016
RE: Land Use Permit – Garage Accessory Structure in Lower St. Croix Riverway District
Site Address: 262 Cove Rd, Parcel #: 040-1175-40-000, Sec. 24 T28N R20W, Town of Troy
Mr. Koxlien,
Community Development Staff have reviewed your Land Use Permit application for a garage/accessory structure
and structural alteration (alteration of roof members) in the Riverway District, and conditionally approved the
request as explained below. Please note the following facts/findings, and how they relate to the conditions listed:
FACTS & BACKGROUND INFORMATION:
1. The property (± 1 ac.) is located in the Town of Troy, within the Lower St. Croix Riverway Overlay District.
2. St. Croix County (SCC) Ordinance 17.36 (G)(5)(c)(2)(a) allows for structures to be constructed up to 40 ft.
from the bluffline, provided that: (1) it is not visible from the midline of the river, (2) is not located in slope
preservation zone, (3) structure is earth tone in color & not constructed of reflective materials, (4) it will not
be visually conspicuous from river.
3. There is no proposed filling/grading within 40’ of a slope preservation zone. [SCC 17.36 (H)(5)(a)(2)]
4. The proposal is outside the min. 25’ setback from the side-yard setback as required by ordinance standards.
[SCC 17.36 (G)(5)(c)(3)]
5. Any new structure (garage) requires the stormwater to be infiltrated per the SCC 17.36 (H)(7)(a)(2), with an
affidavit stipulating the operation and maintenance to be recorded at the St. Croix County Register of Deeds.
6. The plans indicate that a new roof will be installed on the non-conforming principal structure, which must
meet the requirements of SCC 17.36 (I)(2)(d)(1).
However, after consultation with Counsel along with the plain language of SCC 17.36 (I)(5)(a), the
structural alteration of a non-conforming principal structure does not trigger mitigation requirements to
be met, as mitigation only applies if reconstruction or an expansion are conducted. Also, SCC
17.36(I)(2)(d)(1)(j).
7. The footprint of the structure is not changing, the structure is going to be no taller than the existing, and the
structures foundation is not being altered in any way.
8. The POWTS was installed a few years ago, and does not show signs of failure. The forcemain may have to
be moved from the current location, as it cannot be located under the proposed accessory structure.
9. The structure is located in the Town of Troy, so the General Zoning provision that requires 10’ between the
closest points of each structure is not applicable.
Based on these findings, approval of the land use permit is subject to the following conditions:
1. There will be no habitable areas within the garage/accessory structure.
2. The proposed accessory and structurally altered non-conforming principal structure must be visually
inconspicuous or made so within 1 year, per St. Croix County Ordinance, by maintaining or planting of
vegetation as is necessary.
3. All stormwater from the new garage must be conveyed to an infiltration area; via gutters, grassed swales, rock
trenches, etc.
P a g e 2
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
4. The stormwater management device must be constructed and maintained as outlined in the plans submitted
and an affidavit recorded at the St. Croix County Register of Deeds stipulating this maintenance.
5. There must be native vegetation maintained in the infiltration device at all times, and any debris or litter must
be removed to perpetuate the proper infiltration of stormwater.
6. The structure must be at least 40’ from the bluffline and meet all requirements of SCC Ordinance and as
mentioned in detail in the “Facts and Background Information”.
7. All erosion control and grading must follow the “Notes” on the plot plan drawing and SCC Ordina nce
requirements.
8. All disturbed areas on the site must be immediately planted with native vegetation as soon as permissible in
the building sequence.
9. Before any construction begins, the applicant or agent shall contact this department for an onsite verification
of proper erosion control measures. These erosion control measures shall not be removed until sufficient
vegetative cover has been established on the site, and this department gives permission for its removal.
10. Immediately following final grading, vegetative cover shall be planted or seeded in all disturbed areas. Any
vegetation planted/seeded must be native to the St. Croix River area. A list of native plant types has been
enclosed for your convenience.
11. After construction is completed, you must provide St. Croix County with an after-the-fact survey grade
drawing, depicting the location the accessory structure is located, to ensure it is properly sited per the plans
that it was approved contingently upon. Photo documentation of the principal structure from the midline of
the St. Croix River must also be provided, to ensure that it is visually conspicuous or at that time it may be
ordered to be rendered so, as the approval of this permit is dependent upon it.
This permit is valid for one year, with the possibility of up to two (2) six month extensions if the applicant submits
a permit extension fee and documentation.
IT IS THE APPLICANTS/AGENTS RESPONSIBILITY TO ARRANGE INSPECTIONS. In this situation, there
must be at minimum 2 inspections (possibly more), at the following times:
After erosion control measures are in place, as no site work can begin without this department’s approval.
Before any erosion control measures are removed and all disturbed areas on the site have had vegetation
established to the satisfaction of this department.
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 Community Development Department. It is your responsibility to ensure compliance
with any other local, state, or federal rules or regulations, including contacting the Town, to inquire if they
require any permits.
Please feel free to contact me with any questions or concerns. I am available Monday-Friday from 8:00-5:00.
Thanks,
Craig Dantoin
Land Use Technician
Ecc: Town of Troy, Jennifer Clark
Brian Wert, UDC
Bruce Lenzen, Agent for Applicant