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Home My WebLink About038-1018-95-000 (2) " ' . T. C R 0 I,.X ..U: ~1T Y Lend Use 1 Planning & Land Information * Resource Management ~ Community Development Department September 10, 2015 File#: LLP-2015-004 Randy & Ann Simonson 1327 27t' Street Hudson, WI 54016 RE: Land Use Permit - New Principal Structure within the Shoreland Overlay District of Cedar Lake Site Address: 1194 County Road H, Parcel 038-1018-95-000, Sec. 3 T31N R18W, Town of Star Prairie Mr. & Mrs. Simonson, Community Development Staff have reviewed your Land Use Permit application for the construction of a new principal structure in the Shoreland Overlay 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 conditionally permitted dwelling is proposed in the Town of Star Prairie, within a Shoreland Overlay District. 2. The existing nonconforming principal structure located within the shoreline setback will be removed. 3. The proposed principal structure will be located beyond the shoreline setback, more than 50-feet from the R.O.W. of County Road H, and will meet the 10-foot side-yard setback as required by ordinance standards. 4. The structure will be less than the 35-foot maximum structure height in the Shoreland Overlay District. 5. The proposal will disturb >2,000 square feet within 300-feet of OHWM of Cedar Lake for the removal of the existing nonconforming principal structure and for the construction of a new principal structure. All filling and grading activities will be conducted on slopes less than 25%. 6. The proposed impervious surface located within 300-feet of OHWM will be between 20% - 25% which will require 3 mitigation points. 7. All new impervious surfaces are required to infiltrate stormwater runoff from a 1.5" rain event, per SCC 17.30(J), and record an affidavit to that effect. 8. The proposal includes constructing an accessory structure exempted from the shoreline setback per SCC 17.30(G)(3), if there is restoration of shoreline vegetation and an affidavit recorded to that preserve the vegetation in perpetuity. FINDINGS AND CONDITIONS: 1. The any new structure to be constructed must meet the following setbacks: • > 75-feet from the OWHM of Cedar Lake • 50-feet from the ROW of County Road H • > 10-feet side yard lot line with no less than 25-feet combined total side yard setbacks • > 5-feet from the septic/dose tanks • > 10-feet from the distribution cell within the mound a. The new principal structure must be less than or equal to 35-feet in height from the lowest adjacent grade to the highest point of the structure. 2. Erosion control must be implemented according to the standards outlined in SCC 17.30(K)(2) which are included in the proposed plan, for all filling and grading activities. Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, Wl 54016 Fax 715.386.4686 www.sccwi. us/cdd www.facebook.com/stcroixcountywi cdd@co.saint-croix. wi. us Community Development Department Page 2 a. No slopes in excess of 25% may be disturbed, per SCC 17.12(10). b. All disturbed areas on the site must be immediately planted with vegetation, as soon as permissible in the building sequence. If planting immediately is not feasible and the soils will remain bare for more than one week, they shall be covered with erosion control blankets. c. Owner is responsible for maintaining weekly inspection log of all best management practices, and this must include an inspection immediately following a rain event. They shall be kept on the site or with owner, and procured at any time this department asks for them. 3. While the impervious surface proposed will require 3 mitigation points (20%-25% impervious proposed), the restoration of shoreline vegetation required for the accessory structure within the 75-foot setback will count as 5 mitigation points, based on the mitigation options outlined in SCC 17.30(M)(3). r 4. All stormwater from the new garage or driveway must be conveyed to the proposed rain gardens for trenches, etc. See plans provided by applicant. infiltration; via gutters grassed swales rock mwater infiltration devices must have sufficient volume to contain the estimated 400 cubic a. T stor et of stormwater during a 1.5 rainfall event. b. The applicant(s) must record an affidavit that stipulates required maintenance will be carried out in perpetuity, to ensure that the infiltration devices continue to serve their purpose of preventing runoff from leaving the property. c. There must be native vegetation maintained in the rain gardens at all times, and any debris or litter must be removed from the infiltration devices to perpetuate the proper infiltration of stormwater. 5. The applicant has proposed an accessory structure (attached deck), which will be considered exempted from the shoreline setback if all the following conditions are met: a. There shall be a restoration of shoreline vegetation that will constitute: half of the shoreline setback in depth (landward from the OHWM) or 37.5-feet & will consist of native vegetation that will be consistent with standards outlined in Wisconsin Biology Technical Note 1: Shoreland Habitat. b. The only area that may be maintained through selective cutting/delimbing of trees and grass mowing will be located within the "viewing/access corridor". This area should contain the stairs, dock, and any foot traffic paths, and must be no wider than 30% of the lot width. The property is approximately 96-feet in width, so the corridor can be no wider than 29-feet. There must be permanent vegetation at all times within the viewing corridor, as total removal of vegetation is not permitted. c. All structures that will be within the 75-foot shoreline setback must follow the guidelines of WI Admin. Code 59.692(ly) (i.e. not being constructed with walls, square footage, etc.). d. The existing stairs that are used for safe pedestrian access to the riparian area do not count towards the 200 square foot total for all structures, as they are considered essential to access the lake on slopes that are ±60%. However, the small storage structure along the stairs must be deducted from the 200 square foot total. e. The planting of shoreline vegetation in the restoration area shall be done no later than June 1, 2016. f. An affidavit must be recorded to permit the accessory structure, which must detail the obligations of the owner(s) to restore and maintain the vegetation along the shoreline in perpetuity. 6. The existing nonconforming structure must be removed prior to the construction of any new structures. All construction debris from the demolition will be removed and disposed of offsite. 7. Before any demolition 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. 8. Before the existing vegetation is removed from the shoreline that is to be restored, staff must inspect erosion control along the shore and upslope edge of the area. 9. Before freeze up in fall of 2015, so if final grading not finished by end of Oct/beginning of Nov., must arrange inspection to verify that soil has been covered with erosion control blanket. 10. After the revegetation has been done along the shoreline in the restoration area, before the erosion control measures are taken out, to ensure that proper vegetation has been established that will prevent sediment or runoff from going into the lake. Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, Wl 54016 Fax 715.386.4686 www.sccwi,us/cdd www facebook.com/stcroixcountywi cdd@co.soint-croix.wi.us Community Development Department Page 3 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 4 (four) inspections (possibly more), at the above mentioned times. At the time an inspection is desired, the Community Development Department shall be given at minimum 2 full business days' notice to ensure the desired meeting time can be arranged with a staff member. 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 local Town to see if they require an additional permit. Please feel free to contact me with any questions or concerns. 1 am available Monday-Friday from 8:00-5:00 at my office number (715) 386-4742. If you would like to schedule an inspection, please call the main office so they can direct the next available staff member to accommodate your request as best as possible. That number is (715) 386-4680. Thanks, Craig Dantoin Land Use Technician Cc: Town of Star Prairie Brian Wert, UDC File I Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, Wl 54016 Fax 715.386.4686 www.sccwi. us/cdd www.focebook.com/`s-tcroiXcounty wi cdd@co.saint-croix. wi. us ST. C R O I-X 01=0 U-NTY Land Use Planning & Land Information Resource Management Community Development Department October 11, 2013 File#: LU88065 Randel & Ann Simonson 1327 27th Street Hudson, WI 54016 Re: Land Use Permit, Filling & Grading < 10,000 sq. ft. in the Shoreland District 1194 Cty. Rd. H, Parcel #03.31.18.71, Town of Star Prairie Dear Ms. Rubis: This letter confirms zoning approval according to the plans you have submitted for filling and grading an area of >1000 square feet within 300 feet of the Ordinary High Water Mark (OHWM) of Cedar Lake to construct a private on-site wastewater treatment system (POWTS) on the property referenced above. Staff finds that the proposed project meets the spirit and intent of the St. Croix County Zoning Ordinance and Shoreland District with the following findings: 1. Filling and grading less than 10,000 square feet <300 feet from the lake OHWM on slopes >12 percent is allowed with a land use permit in the Shoreland Overlay zoning district pursuant to Section 17.29(2)(c) of the St. Croix County Zoning Ordinance; 2. The filling and grading will consist of excavating -1000 sq. ft. for the basal area of the mound POWTS and installation of tanks and retaining walls that will be connected to an existing two-bedroom cabin on Cedar Lake. The POWTS will meet the 75' setback from OHWM and other required setbacks and dimensional standards contained in the St. Croix County Zoning Ordinance; 3. The applicant's agent, John Schmitt, will install the POWTS in an area that slopes away from the lake, so there is limited potential for erosion or sediment issues. With conditions to establish permanent vegetation on all disturbed areas and prohibit the use of phosphorous fertilizer to maintain a lawn, negative impacts to the water quality of the lake will be minimized; 4. The lake shore is - 40 ft. from the existing house and the owner will be required to maintain existing vegetative cover within a 35' shoreline buffer zone; and 5. The Wisconsin Department of Natural Resources staff was sent the application for review on October 1, 2013. A DNR grading permit will not be required for land disturbance less than 10,000 sq. ft. and outside the 75' OHWM setback. Based on these findings, approval of the land use permit is subject to the following conditions: Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, Wl 54016 Fax 715.386.4686 www.sccwi. us/cdd www.focebook.com/stcroixcountywi cdd@co.soint-croix. wi. us Community Development leartment • Page 2 1. The sanitary permit has been issued for the POWTS. The applicant's agent will schedule the required county inspections for compliance with SPS 383. 2. The sanitary permit issued for installation of the POWTS contains a condition that requires compliance with all conditions of the land use permit and contractors must be made aware of the conditions regarding stabilization of disturbed areas upon completion of the mound. 3. No phosphorous fertilizers shall be used on the disturbed areas of the site, unless a soil test confirms that phosphorous is needed for establishing permanent vegetative cover. 4. Within 30 days of completing the project, the applicant shall submit to the Zoning Administrator photos of the disturbed areas for documentation of compliance with conditions. Photos may be sent electronically via e-mail attachment. 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 obtaining a building permit from the Town of Somerset. Please feel free to contact me with any questions or concerns. 7amela IQuinn Land Use Specialist/Zoning Administrator Enc: Land Use Permit LU88065 Cc: Brian Wert, Building Inspector, Town of Warren Mike Wenholz, Wisconsin Department of Natural Resources Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, W154016 Fax 715.386.4686 www.sccwi. us/cdd www.focebook.com/stcroixcountyw i cdd @co.soint-Croix. wi. us