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Home My WebLink About014-942-33-1110-CUP-2004-023 MICHAEL A. KELSEY ATTORNEY AT LAW 10603 N KANSAS AVENLJE P.O.BOX 718 HAYWARD, WI 54843 (715�6342400 FAX: (71�634-3154 November 15,2004 Sawyer County Zoning Committee Mr.James Bassett,Chairman Mr.Elgin Gunderson Ms.Kathy McCoy Mr.Bruce Miller Mr.William Voight Ms.Arlene Mizerka Re: Proposed Condo Development Deaz Members of the Zoning Committee: I apologize for any misrepresentation at your meeting on October I 5,2004.At that time,I asked that you adjourn the hearing so Mr.Swanson could prepaze a revised plan for 8 units. Part of the reason he instructed me to make that request was that,during the October 15 meeting,a couple of the Committee members,most specifically,Ms.Kathy McCoy,asked if he would be willing to accept 8 units,which he did. Then Ms.McCoy made a recommendation for 6 units,which would have been unacceptable. After further reflection,Mr.Swanson believes he can provide a plan which can address your concerns,for 10 condominium units with 5 structures. Normally, the appropriate procedure for the development of a project of this sort would be as follows: 1. Perform soil tests to determine if the parcel of property has enough area for the appropriate sanitation systems. Thus faz, Mr. Swanson has incurred costs of approximately$1,700.00 for state approved septic systems and has conferred with Mr.Carl Lippert. 2. Obtain the appropriate County Zoning approvals,i.e.,a Conditional Use Permit for the condominium development 3. Obtain the appropriate State/Department of Natural Resources approvals for storm water and runof£ The requirement of the appropriate storm water and runoff approvals from the DNR will require Mr.Swanson to hire an engineer and provide that information for review by the DNR. This stage can be very expensive and will not be necessary in the event the County is not going to grant the Conditional Use Permit. Afrer the September meeting, Mr. Swanson was to address the following: a) Confirm on the plat that the remaining resort pazcel would meet all Sawyer County Zoning standazds, which he did. b) The road access would have a 66 foot right of way c) Confirm there would be no lake access Mr. Swanson addressed those 3 items at the October 15, 2004 hearing. He also confirmed that the blacktop for the roadway, which would be a private road, would be 20 feet in width. After much discussion, above and beyond the 3 items which were to be addressed by Mr. Swanson, it was explained by Mr. Christman and Mr. Swanson,and various members in the audience,that any development would be subject to DNR approval for the storm water runof£ Mr. Gunderson stated that he felt the Committee should not give their decision making to the DNR. To reiterate, any development would be subject to DNR approval, because I am not aware of any employee of the County�vho has the expertise to address storm water runoff. Mr. Michael Dresen, who has been retained by some of the property owners, has provided a lengthy azgument about an altemative plan and stated that the DNR is understaffed. The reality is that Mr. Swanson will hire an engineer regarding the storm water runoff permit. He will also work with the Town in the event there are any issues of runoFf regazding Four Seasons Road. Mr. Christman and Mc Bruce Miller have stated on more than one occasion, the proposed site is large enough to accommodate at least 8 lots, which could be used for duplexes, thus 16 dwelling units, which would not be subject to any review by your Committee. Even if Mr. Swanson subdivided the pazcel into 8 lots in the form of certified survey, he would still have to address the storm water runoff issue with the Department of Natural Resources. In our discussions with the Zoning Office, and on the various plats submitted to your Committee, the physical location of the units has not changed one bit from the first plat submitted to the one which will be submitted to you on Thursday,November 18,2004. The only changes have been those you wanted Mr. Swanson to address, as well as providing more contour and definition for roadways and grading. I would like to remind the Committee that,at the time Mr. Swanson originally attempted to develop this property into RV units in 2003, most of the same neighbors who objected to that development said they would not object to residential units. A copy of the btinutes of the meeting is enclosed with this letter. Now it seems the neighbors aze objecting to any type of development, or aze trying to severely limit Mr. Swanson's ability to develop the property, even though he believes he has met ail of your requests and all zoning requirements. Based upon my discussions with Mr. Swanson, he is targeting the sale price for each unit at $17�,000.00, foratotalof$1,7�0,000.00. Multiplying$1,750,00O.00by.01529086�, the2003mi1 rate for the Town of Lenroot, this generates total real estate taxes in the approximate amount of $26,800.00. Page -2- \ Mr. Swanson believes he has addressed all of your concems and can address any additional concems through the storm water runoff permit, which he will have to provide through the services of an engineer, at his cost. Accordingly, Mr. Swanson respectfully requests that you grant his proposal for the 10 units, as outlined. Thank you for taking the time to read this letter. Very truly your Michae A. sey Attorn Law MAK/jk c: Mr. Robert Swanson Mr. Roger Hoff Page -3- ' 1 u�� n linard ��lecliu� . ;1londav, Scptcmbcr 8, 2003 7:00 P.M1L Lcnrool To�Lu [Iall Chainnan Ronald Poppe abscnt; Supervisor Roger Ho(Tcailed the meeting lo order. Jack moved to approve the minutes as printed. Roger seconded Motion carried. On public input, the clerk stated that we have received 2 new biJs for the chairs. The board requested that the chairs be put back out for bids for the next meeting. '1�he viewing will be September 26, 2003 fi-om 8:00 A.M. to 3:00 P.M. The decision of the meeting of supeivisor held on August 28, 2003 reported that there were no objections Jack moved tliat due to no opposition or objections , he moved to sign the order of discontinuance oCtown road known as Wayside Road. Roger seconded the motion. l�dotion carried. The zoning application for Robert Lang for the construction of a commercial building with a set back of 54' from town road and a set back of I 10 feet from U5 HWY 63 and building cost exceeding the 50 °/a of current market value was presented. 7he issue of town road is no longer an issue. Jack moved to grant the variance. Roger seconded. Motion carried. The rezone for Robert Swanson from RR I to RR2 for 9.27 acres was presented. Request is for the construclion and operation of 24 RV campsites within an existing resort and to bring it into conformity of other resorts. Campsites will be placed into condominium ownership and sold in the future: Mr. Wilcox read an article from Sawyer County record concerning developing campsites and then selling them to get around zoning. Mrs. Bauer a resident from Four Season Road presented the board w•itli a petition in opposition of[he rezone. The petition was signed by 7 of the I I residents. There was a letter read from a Biuce and Barbara Norgaard in opposition . Jarold Welter the operator of Four Season resort stated that these campsite would be seasonal cam sites not ni htl cam in ose in opposrtion were not oppos c� develo ment ort if it were h nes that would b oger moved to approve die rezone from RRl to RR2 ack seconded. Motion carried. Jack moved to approve the conditional use for RV campsites with the existing resort. The board recommends l8 campsites. Roger seconded. Motion carried. On park discussion Randy Eytcheson was present. The discussion centered around the sign . He presented the picture and invoice of the sign that he said he presented to the board in the pasL He stated that there was & I 500_00 in the grant application for the sign.. There was discussion of Ken Peterson for construction of the pavilion for $ 7190 and Russ Forester for pillars and concrete work on the pavilion for $ 3,000. Roger moved to pay .� 7.20�.00 for tlie sign at Smith Lake Park Jack seconded. Motion carried, A bid notice for tlie chain link fence to be in the paper. On road and bridge discussion the patrolman gave his report The chair viewing will be September 26, 2003 from 8 A.M. to 3:00 P.M. Bid will be opened at the October 13, 2003 meeting The board recommended that lefters be wtitfen to T�4rs. Grn.�ki and �1r Chambers , esplaining that the surveyor is a little behind but that it should be completed by the end of the month. . - , .; Treasurers report was gi��en. Bilis were considered and approved Jack moved to adjourn the meeting. Roger seconded. Motion carried. y�R C��,, Office of , �� '� � Sawyer County Zoning Administration z�,, �y-� + �� P.O.Box 676 ��` o� Haywazd,Wisconsin 54843 �I�G .":- `�t�= Tel:(715)634-8288 �1 js�`ONy Far:(7t5)638-3277 URL:http://www.sawyercountygov.org E-mail:zouingsec@sawyercountygov.org Tolt Free:Courthouse/General Informa[ion � January 14,2005 1-877-699•4ll0 Robert J.Swanson 15480 W Reiske Road Haywazd,WI 54843 Re:Admuustrative Appeal of Decision of the Sawyer County Zoning Committee Deaz Mr.Swanson: Today this office received an application for an administrative appeal of the decision made by the Sawyer Counry Zoning Committee on December 17,2005 approving your application for conditional use for the creation of the"five(5)primary structures containing 10 condo units total."A copy of the application is attached. Sincerely, �!/iLs/�l7��/• G�//!��i� William A.Christrnan Zoning Administrator cc:Michael A.Kelsey,Attomey at Law , Office of Sawyer County Zoning Administration �ER C�� P.O.Box 676 =� (��, Hayward,Wisconsin 54843 �P (�i5�3a-azsa �� j FAX(715)6383277 I o o� wwwsawyercounrygov.org E-mail: zonine.sec(a�sawvercounty�ov.oro ,��IS.0 Ny�� Toll Free Courthouse/Grneral Information 1-877fi99-4110 1��`�� December 28, 2004 To: Town Clerk—Lenroot Re: Conditional Use Application—Robert Swanson Notice is hereby given that on December 17, 2004 the Sawyer County Zoning Committee approved with conditions the following application: Part of the NE'/< NE%4, S 33, T 42N, R 9W, Parcels .1.10 and .1.12. Vol 812 Records Page 30, Vol 624 Page 243; CSM Vol 2 Page 147 and Vol 3 Page 81. 9.27 acres total. Property is zoned Residential/Recreational One. Permit is desired for the construction of five (5) primary structures containing 10 condo units total, on existing resort property, with no lake access. (Four Seasons Resort) The Sawyer County Zoning Committee approved the application as follows: contingent upon DNR permits obtained, no deeded access to lake, divided by CSM as per last map, subject to review of ZA, DNR permits not based on less than 1 acre lots (dealt with 1 large lot), DNR plan to include runoff to be contained within property. Findings of Fact: It would be compatible with surrounding uses and the area. The approval of the conditional use will expire on December 17, 2005, if application for the actual permit to use/construct is not made by that date. Any person or persons jointly aggrieved by the decision of the Zonin� Committee may coinmence an action with the Sawyer County Board of Appeals to review the decision in whole or in part, within thirty (30) days after the filing of the decision in the office of the Committee. Yaurs truly, Cindy K. Yackley Deputy Zoning Administrator CKY:kt Enc. �� +��R �0 �� Office of - � Sawyer County Zoning Administration :Q��,��i �� ;, � � P.O. Box 676 �� ° ' � � Haywazd, Wisconsin 54843 �: _ ,,��`rC NS�?— Tel: (715) 6348288 . 1�,`O `�� Fax: (715) 638-3277 URL: http://www.sawyercountygov.org E-mail: zoning.sec@sawyercountygov.org Toll Free: Courthouse/General Information December 20, 2004 1-877-699-4110 Martha Brauer 15980 W Four Seasons Rd Hayward, WI 54843 Re: Sawyer County Zoning Committee Conditional Use Permit Approval — Robert J. Swanson Dear Mrs. Brauer: On Friday, December 17, 2004 the Sawyer County approved the request of Robert J. Swanson for the construction of 10 condominium units. The conditions of approval are: 1 . All required DNR permits/approvals are to be obtained. 2. There shall be no deeded access to the lake. 3. All run-off to be contained on the property. 4. Property to be divided by CSM based on the map reviewed by the committee at its November 18, 2004 public hearing. 5. Review by the Zoning Administrator. Please contact this office if you have any questions or comments. Office hours are 8:00 A.M. to 4:00 P.M, Monday through Friday. Sincerely yours, _ _ _ ��/ � - William A. C 'stman Zoning Administrator cc: Mike Dressen, Consultant Ward Winton, Attorney-at-law MICHAEL A. KELSEY ATTORNEY AT LAW 10603 N KANSAS AVENUE P.O.BOX'718 HAYWARD,WI 54843 (715)634-2400 FAX:(715)634-3154 December 16,2004 Sawyer County Zoning Committee Sawyer County Zoning Office P.O.Box 676 Hav�vard,Wisconsin 54843 Re: Swanson Application for Conditional Use Permit Dear Members of the Committee: It is my°understanding that you do not intend to take additiona]testimony or argument at the hearing on Friday afrernoon,December 17,2004. I have a previous commitment and am not able to attend the hearing,but I I have discussed this matter�cith Attorney Clifford Stoner and i feel it is important that this letter be read and made a part ofthe file,in the event the Committee makes a motion to deny the application of Mr.Swanson. As I stated very briefly after the motion to grant the application failed on November 19,2004,I believe your decision represented your will,was arbitrary and was not supported by any facts. We have previously stated,and the Zoning Administrator has explained,that prior to this project moving fonvard, all appropriate DNR permits and approvals would have to be obtained,which would address all of the concems of the neighbors regarding runoff and sanitation issues. These are facts which have already been presented to you. The areuments by the neighbors that there is a possibility of runoff,that there may be problems w ith sanitation,or any other concerns are,in fact,opinio�s and are not supported by any evidence or facts in the record. Accordingly,an} findin�s of fact should relate not to araument,but rather to the evidence you have before you. In further anticipation of developing his propeRy, Mr. Swanson has hired Chequame�on Bay En,ineers to do an elevation study and a runoff study which will be the basis of the DNR permits. These studies will be used for the condominium project or their alternative plan, �vhich is to subdi�ide this property by certitied survey and construct flve(�)duplexes in the same area as the proposed condominium units. A plat of the proposed certified survey is available for your review and will be part of the record,if you allow Mr.Hoff to show it to you. State of Wisconsin 1 DEPARTMENT OF NATURAL RESOURCES Jim Doyle, Governor Hayward Service Center Scott Hassett, Secretary 10220 STH 27 WISCONSIN John Gozdzialski, Regional Director Hayward, IMsconain 54843 Telephone 715�342688 DEPT. OF NATURAL RESOURCES FAX 715�34-9232 TTY Access via relay - 711 June 22, 2005 GP-NO-2005-58033ST .,"`#"-t-� ,a � � .� ,. R.J. Swanson �-•. �-- `'y i� 15480W Reiske Road ; Hayward, WI 54843 � t `JU N 2 g p�p� � r _ , Dear Mr. Swanson: �'�"*- �-�"."��!� We have reviewed your application for Grading 1 acre or more Nelson Lake, located in the Town of Lenroot, Sawyer County. You will be pleased to know your project qualifies for a General Permit. Attached is a copy of your General Permit which lists the conditions you must follow. You must construct the project according to your submitted project plans except where limited by the permit conditions. A copy of the permit must be posted for reference at the project site. Please read your permit carefully so that you are fully aware of what is expected of you. Note, you are required to submit photographs of the completed project within 7 days after �. .., r:_.:_�_� 1�. .�1]__ T L'� L _1 _ _ L _i L L . . _ ♦ _ � _ yvu vc �� co�,suu�uu� �. � � u� ► �c�N� wu� u� u� w ��cuirien� ine compieiion oi ine projeci and compliance with the permit conditions. Be sure to contact your local zoning office and U.S. Army Corps of Engineers for any local or federal permits that may be required for your project. Your next �tep will be to notify me of the date on which you plan to start construction. If you have any questions about your Permit, please call me at 715-634-9658 ext. 3523. Sincerely, � �'�'�' I�-- Dave Kafura . i Water Managem t S e ' list � cc: Jason Berkner, Project Manager, U.S. Army Corps of Engineers � Sawyer County Zoning Administrator Sue Miller, Conservation Warden Hayward File John Jereczek — Superior Roger Hoff, 15677W Cty Hwy B, Hayward, WI 54843 Bill Kurtz, P.O. Box 692, Ashland, WI 54806 dnr.wi.gov Quality Natural Resources Management � wisconsin.gov Through Excellenf CustomerService P,;��o„ Recycled Paper 1. R.J.Swanson has filed an appliption for Grading 1 acre or more Nelson Lake,located in the Town of Lenroot,Sawyer County,also described as in the NEY,of the NE'/.of Section 33, Township 42 North,Range 9W. 2. The Department has determined that the project site and project plans meet the standards in s.30.206,Stats.and 341,Wis.Admin.Code,to qualify for this General Permit. 3. The proposed project will not injure public rights or interests,cause environmental pollution as defined in s.299.01(4),Wis.Stats.,or result in material injury to the rights of any riparian owner,if constructed in accordance with this permik 4. The Department and the applicant have completed all procedural requirements,and the project as permitted wili compiy with all applicabie requirements of Section 30.206,Wis. Stats.,and Chapters NR 102,103,150,299,310 and 341,Wis.Admin.Code. CONCLUSIONS OF LAW 1. The Department has authority under the Statutes and Administrative Codes indicated above, to issue a permit for the construction and maintenance of this project. 2. The Department has complied with s.1.11,Wis.Stats. h..4...�..4 LI...,.......J C....,:...,1�....1..� 1�i:,.��'�.___ �...�_nn nnnc v�a�c�+ua� pyrvq�U VGivi�.c vcil� � VIJWIIJIII VII JUIIG LL�LVVJ. STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES For the Secretary gy c,w�— ave Kafura Water Management Specialist E;j I /�S�JNS WR WN NI0N0,111 MS GI�nI�ING I�L/1NS F�JI� I�EI�MIT ImUI�I'�JSES S/1WYE1� C�JUNTY LIMITED HIGHWAY EASEMENT L _ — — SPECIAL DITCH — EXISTING RIGHT OF WAY — — GRADE ELEVATION I`^ PROPOSED OR NEW R/W LINE SLOPE INTERCEPT — CULVERT (Profile View) O ❑ UTILITIES REFERENCE LINE ELECTRIC — E — EXISTING CULVERT — r — r '. FIBER OPTIC —FO— PROPOSED CULVERT GAS — O — (Box or Pipe) SANITARY SEWER — SAN — COMBUSTIBLE FLUIDS 4AUN— STORM SEWER —SS— TELEPHONE — T — MARSH AREA ( ; 1 WATER — W — j % UTILITY PEDESTAL x( POWER POLE WOODED OR SHRUB AREA TELEPHONE POLE 0 FILE NAME : $$.... designfile.... S$ PLOT DATE : $$... plottingdate...$$ PLOT BY . $$... plotuser... $$ PLOT NAME i SITE LOCATION (DISTURBED AREAS SHOWN ON SHEET 31 ORIGINAL PLANS PREPARED BY route) (Signature) _ I�J PLOT SCALE I $*. •. • •plotscale.....$E WISDOT/CADDS SHEET 10 The project is located in the NE'/ NE'/ of Section 33, T.42N•, R.M., in the Town of Lenrook, Sawyer County, Wisconsin. Existing on the property is a motel, resort, and four cabins; along -- with their respective utilities. The site consists of sands, gravels, and clays. The depth to groundwater, as determined using WIDNR Well Records, is approximately 80 -100 f0et. CABfNs The outlined areas indicate the sub -watersheds used in calculating storm runoff a ^�-- _ - - ' • � nd detention. RESORT N. r,ir ,_�_-- � �•�_------- f ~ice QRAIN FIELD ON PROJECT NO: 05-HOF3-101 SCALE: 1" = 100' COUNTY: SAWYER EXISTING CONDITIONS SHEET 2 E FILE NAME BS.... deslgnfiie.... SS PLOT DATE SS... plottingdate... 5$ PLOT BY s$... plotuser... SS PLOT NAME PLOT SCALE $5.....plotscale..... s$ WISDOT/CADDS SHEET 44 1 i Is J LPROJECT NO: 05-HOF - 3 101 FILE NAME SS....deslgnflle.... ss %j The proposed development consists of constructing a access road heading south From Four Seasons Road approximately 450-feet, then taming east and contlnutng for another 450-f6et, The roadway will be constructed to Wisconsin Statutes for town road from Sta. 0+25 through Sta- 8+25. From that point the roadway will narrow to allow minimal impact on the existing drainage field to the south. The bank limits is defined as the point where there is at least fifty(50) feet of slope less than 10%. This limit is noted on the plans, and affects sites 3, 4, and 5. The 300-foot distance from the OHWM is also noted. There will be two retaining walls build with this project, one along the drainage field and one located north of Sites 3, 4, and 5 (as shown). The purpose of the retaining wall north of the building sites is to meet the WisDNR requirements that inside the bank area no grading is performed on slopes greater than 20%. These same building sites are sloped to ensure that there is no more than five (5) feet of fill over the existing ground as per WisDNR requirements - SCALE: 1"=100' COUNTY: SAWYER PROPOSED CONTOURS PLOT DATE SS... plottingdate...ss PLOT BY : ss... plotuser... $$ PLOT NAME ;0MV.. P. r ' SHEET 2 E I t PLOT SCALE ..... plotscale..... SS WISDOTiCADDS SHEET 44 5 5 STORM WATER FOLLOWS EXISTING DRAINAGE TO NELSON LAKE I 1 1 1 I I I I I I BASIN 1 I - _ _ CAf OAD I- t 1 r 1 RESORT ,4 1 1 l M 136 BASIN 3 AREA ACREAGE 1 0.40 2 1.09 3 0.65 4 0.22 5 0.61 6 0.37 7 0.60 8 0.93 9 0.15 10 1.42 11 0.59 S TEL DRAIN FIELD i Basl n 1 Output Distribution Type Type II Frequency Type 2 years Area............................ 0,4000 cc Peak Inflow 1.1900 cfs Peak Outflow .................... 0.6700 cfs Runoff 3.0000 In Runoff Volume 4355.7276 ft3 Storage Volume .................. 1103.1043 ft3 Basin 2 - 1Output DI stri butl on Type ............... Type II Frequency Type ... 2 years Area ............................ 0.3300 cc Peak Inflow ..................... 0.9800 cfs Peak Outflow .. 0.5000 cfs Runoff 3.0000 In IN Runoff Volume ........... 3593.4753 ft3 Storage Volume .................. 979.3447 ft3 Basin 2 - 2 Output Distribution Type ............... Type II Frequency Type .................. 2 years Area ..................... 0.6600 cc Peak Inflow ..................... 1.9600 cfs Peak Outflow .................... 1.0000 cfs Runoff ..................... 3.0000 In Runoff Volume ................. 7186.9506 ft3 Storage Volume .................. 1958.6893 ft3 Basin 3 Output DI strl button Type ............... Type II Frequency Type .................. 2 years Area ............................ 0.6500 cc Peok Inflow ..................... 1.2500 cfs Peak Outflow .................... 0.8900 cfs Runoff.......................... 4.0000 In Runoff Volume ... 9437,4098 ft3 Storage Volume .................. 1934.9435 ft3 Basin 5 Output Distribution Type ............... Type II Frequency Type .................. 2 years Area ............................ 0.3000 cc Peak Inflow .................... 0.5300 cfs Peak Outflow .................... 0.3600 cfs Runoff ..................... 2.0000 In Runoff Volume ............. 2177.8638 ft3 Storage Volume .................. 469.0473 ft3 The general grading area of the project is indicated and is approximately 3.76 acres. This is indicated by the dashed line on the plan. Storm water runoff calculations and worksheets are attached in the project documents. These show values used for C and Manning's n. Detention basins will be constructed, as indicated, to control peak discharges during construction and after construction. These facilities will be used during construction and will be clean out when construction has been finished to ensure that they continue to retain the peak flows as designed. The basins should be maintained yearly to ensure continued optimum performance. APPROXIMATE LIMITS OF CONSTRUCTION PROJECT NO: 05-HOF3-101 HWY: SCALE: 1"=100' COUNTY: SAWYER STORM CALCULATIONS FILE NAME $$.... designflle.... $$ PLOT DATE : $$... plottingdate...$$ .i PLOT BY : ss...plotuser... $$ PLOT NAME A SIDE AWES 1 R J now WIN i L FLAN VIEW EIET nOt • 1 agC11LL uolllp p WTLET FLOW -TECTED RREIS L fLTIM. VEEET.TKK4 _. WAS, SECTION A -A S' - 4. ERDSI YAT CLASS •TYPE TYPICAL EXCAYAtED SEDWENT TRAP SHEET 3 1 E PLOT SCALE s$..... piotscale..... $$WISDOT/CADDS SHEET 44 5 EROSION MAT (ENTIRE SLOPE) NE -DI 15 X I lift'.) A •• _51L r FENC . may;. SITE 1 SITE 2 LLE i 1 � LEGEND i l.tti ;1 =�ranll EROSION vAl CU]] U •€ . -'•�'•c_ EROSION MAT MASS r OR IN EXCEPT r. TYPE AISOD I } :.\ SRO, REINFORCED Wi EROSION "T CLASS T. TYPE A �• -+--�-� SILT FENCE [C eneslwi OALK. RAP�R 1 ---- DITCH DOLE •�-^-- RW RAP OR STORE DITCH CHECK �•� 1•\ ••�.... INTERCEPTING ENRA VENT \ ' SLOPE INTERCEPT �� fti ASPHALTIC FLAME 14:;� CONCRETE FLUME •" SHEET PILING TUROIOITY BARRIER SILT SCREEN INLET PROTECTION -. TEMPORARY DITCH CHECK CULVERT PIPE DITCH CHECK • SURFACE RATER FLOW PROJECT NO:05-HOF3-101 FILE NAME : $$.... deslgnfile.... $$ 1 EROSION CONTROL PROGRESSION All erosion control devices will be installed prior to major grading. This includes the main line of silt fence. This grading will involve creating sediment basins number 2-2 and number 1. Once these basins have been installed, grading will proceed south along the proposed roadway (stage 1). Final erosion control devices; sediment basins, riprap, and erosion control mat, will be installed congruently with grading. Once sediment basins 2-2 and 3 are installed, grading will then proceed on the building sites (stage 2). The foundations of the buildings will be installed at this time. When the foundations are in, the retaining walls will be built and backfilled, The final layer of silt fence will then be installed between the buildings and the initial layer of silt fence. The placement of topsoil, seed, mulch, and fertilizer will be done concurrently with the grading operations to limit the amount of bare soil exposed at any one time. All erosion control measures will be inspected per the permit documentation. Most water will be diverted away from the project site by the existing slopes near the site. On the southern edge of the project a temporary berm will be created to direct water away from the project site. Further information on the erosion control plan is located in the permit document submitted with this plan IR a oARTpIO] 4ON �WAL rnOlbp � O!L[SiEv p 'ZIK iY�OOAR iOE�R•ER� P r T{OiEKT[d rATRtC, fYr[ T REOa ERCAVATRN 1tl i oHLWEO uR[P TIO RW OETAA FOR RFRAP IH DITCHES SCALE: 1" = 100' COUNTY: SAWYER EROSION CONTROL PLOT DATE : $$... P10ttingdate...$$ PLOT BY $$... plotuser...$$ PLOT NAME 1 SIR 0TUR Toll Free 1900) 242-9911 MIITRRukoe AFe■ 14141 2S9-1191 HRnrinp Impelr;d TDD I9001 542-2299 W w W.Dl9 gersHot llno,e:om RUNOFF COEFFICIENT TABLE HTDR0.aIC SOIL GRAB A r C b ]LOPE RANGE tl'ERC[MI POPE RINGE PEPCENTI ]LOPE RANGE RFNCEMI SLOPE RANGE GwCENTI LMq IISEI 0-2 2-6 fi fi OVER A•2 "A E A OVER 0-2 r-fi 6 A OVER S OVER ROV CROPS ,]4 .41 .]o .IT 1E01A11 STRIr- ,lT .i0 .21 ,l9 .22 .2fi .20 .23 .30 TUor .21 .2A .lO ,E] .11 -11 .21 .11 .31 AIDE SLOPE- ,IS .IT ,2. TURF .12 .11 :3. .]0 .]fi FAW1fNT l A411M-T CONCRETE .w - .n sum .10 DRIVES. RALKz .TS - .IS GRAVEL Av]Oy, ]HpROd] ,i0 .AT 1.0 ACRCS TDT- AREA E; TEO TO RE GISTWHICD FY CONSTRUCTIDR ACTIVITIES • 1.11 ACRES SHEET q 1 E PLOT SCALE : g$—-,•plotscale.....$$ WISOOT/CADDS SHEET 44 5 CNEQUAMEGON BAY � ' ENGINEEA/NG, LLC. �o�westMain sheet suite 303 • P.O.Box 692•Ashland,WI 54806 Phone(71� 6ffi-60D4 • Fax(71�682-6025 E-Mail: enpinaerin�che4baYenfl.com l;"iAie� G.Ksmiss P.E. JmneaL.bkgdak P.E. �>., 4�1� ,�.. . _ __..=; �'; u! April 20, 2005 APR 2 2 2005 '�' ,oy^r�i ,�:�::''i`` Sawyer County Zoning Administration �; p�,,.,�,r.�i�C�ii Attn: Bill Christman 10610 Main Street Hayward, WI 54843 Re: 4 — Seasons Resort Bill: Enclosed please find a copy of the Grading Permit Application and Storm Water Management Plan which has been sent to the DNR for their approval. Thank you for your time and if you have any questions please call me at 715- 682-6004. Since ly, Wil iam G. urtz, .E. Owner Enclosures 4- SEASONS GRADING PERMIT APPLICATION & DOCUMENTATION PREPARED BY: William G. Kurtz, P.E. Chequamegon Bay Engineering 715-682-6004 OVERVIEW The project is located in the NE '/ NE '/ of Section 33, T. 42N., R. 9 W., in the Town of Lenroot, Sawyer County, Wisconsin. The proposed development consists of constructing an access road south from Four Seasons Road approximately 450-feet, then heading east another 450-feet. This road will then provide access to five (5) building sites that are to be developed between the new road and the existing lodge and motel. This project falls under NR 216 Storm Water Discharge Permits Subchapter III — Construction Site Storm Water Discharge Permits. NOTICE OF INTENT/GRADING PERMIT The Notice of Intent and Grading Permit Application are attached in Appendix A of this document. EXISTING TOPOGRAPHy The existing topography of the site is shown on sheet 2 of the accompanying documents. The topographic survey was performed by Heart of the North Surveying, Inc. in 2004. This information was used as the base far all further design, and Chequamegon Bay Engineering, LLC does not verify the exactness of the existing contours and elevations. PROPOSED TOPOGRAPHy The proposed topography of the site is shown on sheet 3 of the accompanying documents. To ensure compliance with the Wisconsin Department of Natural Resources' guidelines for general grading permits, inside the bank area a retaining wall will be constructed to ensure that fill will not exceed the five (5) foot maximum change and that there will be no grading on slopes greater than 20%. This is shown on sites 3, 4, and 5. Near sites 1 and 2 a 4: 1 side-slope was created to allow access of equipment for mamtenance purposes. The roadway was designed using the appropriate WisDOT specifications for Town Roads. This includes sight distances, and grades. PROPOSED DRAINAGE The existing site drains primarily to Nelson Lake. This is achieved by both direct runoff and diverted flows along Four Seasons Road. The proposed drainage will remain approximately the same, through the use of sediment basins. The majority of the runoff will follow the roadway drainage system through two basins and then enter the existing ditch of Four Season Road. These detention basin outlets will be armored with erosion control mat and riprap as indicated on the plans. The runoff calculations for the 2YR 24Hr Storm are shown in Appendix C. EROSION CONTROL PLAN An erosion control plan has been developed for this specific site using the Wisconsin Department of Transportation Slope and Channel Erosion Control Matrixes (Appendix B). These matrixes meet the requirement of NR I51.11 Construction Site Performance Standard for New Development and Redevelopment. This standazd state a reduction of 80%of the sediment load carried in runoff,on an average annual basis,as compared with no sediment or erosion controls, until the construction site has undergone final stabilization must be achieved. Where these sriuctures will control the post-construction peak flows generated by the development. The site construction will consist of clearing,grubbing,grading,utility,and landscaping operations required to achieve the goal of the development. This site location is indicated on the title sheet of the attached plans. The sequence of major land disturbing activities is as follows: l. Clearing operations 2. Installation of silt fence at the slope intercept,and other temporary erosion control measures. 3. Grading operation involving the construction of the access road. Erosion control associated with the access road will be installed during this grading. 4. Construction of the new utilities. 5. Construction of the new building sites including the retaining walls. 6. Final landscaping of the site which includes seed,mulching,and fertilizing. The total area(estimated)that will be disturbed dunng construction is approximately 3.7 acres (see plan sheets). All erosion control will be constructed concurrently with the construction of the site. A tracking pad will be utilized at the entrance to the new access road and Four Seasons Road. All runoff from this site eoters Nelson Lake which is located directly north of the project site,as shown on the plan title sheet. STORM VVATER NIANAGEMENT PLAN A storm water management plan was developed according to NR 216.47. The installation of five(5) sediment basins throughout the project will achieve the goals set out in NR 151.12 for both construction and after construction. These traps will be install prior to major grading operations and will have the accumulated sediment from construction removed as the final phase of construction. Runoff data and calculations are in Appendix C. REPORTING AND MOIVITORING The landowner/permit holder will perform the reporting and monitoring of the erosion control unplemented on the site using the forms provided (Appendix D). Inspections will occur weekly and after major storm events. When the sediment basins and silt fence aze reported in need of cleaning the contactar will remove the sediment and thus restore the capacity of the sediment basin. APPENDIX A: NOTICE OF INTENT & GRADING PERMIT s�'�°�"��'�" Notice of Intent - Stortn Water Discha es Associated With Depar4nent M NaWral Reso��ces � °nr�"��9°" Land Disturbing Construction Activities General PeRnit E140- E350 Applicatfon Fee � �161 (R�) aage i a s This NoBce of Intent form (NOI)is autliorized by s.ZB3,37,Wis.Sta1s. Submittal of a comple�d NOI to llie Departrnent Is mandatory Wr eny landowner who intends to dischart,7e storm wafer Ran a cons WUim site ro waters d ihe state ard who mut aPPN�Pertnit coverage in accor�dance with 40 CFR Part 122,Chapter 283,Wis,Sfab.,and ChapOer NR 216,Wls.Adm.Code.FaBure to submk a completad NOI to the DepartrneM at Ieast 14 vrorlcm9 days Prior M the date on which IaM disNrbirg construction activitles comrne�ce may resuN in farfeilures up W 510,000 per day, pursuant to s 283.91(2),Wis.Sfats. Personalty identlfiable(n(amation on ihis NOI may be used!or olher v`afer qua6ly program Wrposes. Submission of this NOI constilu[es rwtice thal the iandowner iden60ed in Sectbn I intends lo be authorized by a general NPDES permit issued for slorm water discha�ges associated with IarM dfsturbing cpnsVuctlon ectivities in Uie Slate W Wisconsin. Becoming a pertnittee obligates the landowner M oortpty with ihe temis and conditlons o(ihe general permit M erosion control plan and a sbrm water management plan meellng the requlrements of Chapter NR 276,Wis.Adm.Coda,must be wmpleted before submiltlng thls Nq. All necessary infortnation must be prvvided on this NOI. Failure to complete thts NOI cortecUy may resutt in its rejection by the Departrtrent. Please read alI instructions before compledng. Section I: Landowner InformaUon . Name Contact Person Mailing Address �itle City Slate ZIP Code Telephone Number SecUon II: Contractor Infortnatlon (N eurrently Imown) Name Confact Person Mailing Address TiHe City Shate ZIP Code Telephone Number SecHon Iil: Construction Site Infortnation Site Name County 4- Seasons Sawyer location Description Ciry of 15925 W �'our Season ' s Rd � 7ownshipof,or Lenroot Hayward WI � y;iiageof Quarter-Quarter NW � Quarter �, � Section Township Range � E m se sv+ se 3 3 4 2 _ IJ _ _� � W is fhis site wholry conhained on the above quarter quarter section7�.F�,I Yes � No 'Use more space if needed lo describe site bcation. L� Percent of SRe Impervious: (inaua�ng rwnops a�M pavea areas) Total Area of Site Total Es6mated Disturbed Area Before ConsWction After Conshuc[ion 3 . 49 q«es 3 .0 qcres � % 18 �� Type of Construction (a,euc a�i ma�appry) � Residentlal � Commercial � industrial � Reconstruction � UGIiIY � T2fI5pOf18tion(sbeeb.madr,nw�-WisDOT hi9hwaY P�1�.etc.) ❑ Other(describe) . Discharge: Does your construction site's storm water d'acharge to: (cneac au ma�appy) . � Stortn d2in system-infiltrates to groundwater ❑ Srorm drain system to surface water-eMer system owners name and receivirg waters: � pirectly or indirectly ro waters of the scate-enter name of river,lake, wetland: Ne 1 s on L d ke � InfiHration to groundwater xwrs on site Notice of Intent-Stortn Water Discharges Assxiated With Land Disturbing ConsWdlon Activitles General Pertnk Fom, 3aoo-�s� (R aroa) wase z a s Section N: Site Locatlon Map Attad�e legmle photocopy hom ihe app�opriate USGS 7.5 minule series topographic maP(�at a Plat meP).wNh the perimeter of the construcflon site deaAy IdeMNfed. Name of Quadrangle See Plan Sheets Notice of�ntent - Storm Water Discharges Associated With Land Disturbing Construction Activtties General Permit Fortn 3400-161 (R 8/04) Page 3 aF 5 Section V: Additional Information Project Start Date (month/daytyear) Approu3mate Project End Date (month/day/year) Management Practices: Identify planned erosion and sedimerrt control pradices to reduce impacts during construcdon (d�eck all that apply) � Phasing of Construction ❑Diversion of Clean Water Q Phased Revegetation ❑Dewatering �ment Contrvl �Sediment Basin(s) and/or Trap(s) Q Stabit(zing Channelized Flow Q SiR Fenang �Vehide Tradcing Control ❑Erosion Control Matling and/or Mulch ❑Other Identify planned storm water managemerrt pracUces to reduce impacts following construdion (a�eac au mat appry) �Storm Water Pond(s) ❑Infiltration Practice(s) ❑infiltrate Rooftop Runoff ❑OiVWater Separator(s) ❑C{ean Water Diversion(s) ❑ Covered Storage Area(s) ❑Other Plans: Has the construction site erosion control plan been completed for this site in conformance with s. NR 216.46, Wis. Adm. Code and the 'Wisconsin Construction Site Best Management PracGces Handbook'? c�Yes ❑No Has the storm water management plan been completed for this site in conformance with s. NR 216.47, Wis. Adm. Code? Note: These plans must be completed before submitting this NOI. �Yes ❑No Local Requfrements: Are the construcdon site erosion contrul and storm water management plans in compfia�e with appliqble local requirements7 �Yes ❑No �fYes, �oca��encyt�ame: Sawyer County Zoning Are you aware of any weUands at the constructlon site or any wetlands that may be affected by the stortn water discharge from the constructi�on site? Please be aware that the Departrnent shall, pursuant to s. NR 103.06(1 Xb), Wis. Adm. Code, require that the stortn water discharge comply with the water quai'dy standards provisions in ch. NR 103. The presence of wetlands may affect certain aspeds of the conshuction site project under�e requirements of this code. �Yes Q No Are you aware of any listed threatened or endangered species at the construction site? Please be aware that ttie Departrnent shall, pursuaM to s. 29.604(6r), Wis. Stats., consuk with the Bureau of Endangered Resources on whether approval of general pertnit coverage may affed a fisted threatened or endangered speaes. The presence of a listed fhreatened or endangered species may affect certain aspects of the construdion site projed under the requirements of this statute. �yes �No Are you aware of any listed cuttural or historical resources at the construction site? Please be aware that the Department shall, pursuard to s. 44.40, Wis. Stats., consult with the State of Wisconsin Historic Preservation Officer on whether approval of general pertnit coverage may have an adverse affed upon history property. The presence of historic property may affect certain aspects of the consWction site project under the requirements of this shatute. ❑Yes ❑X No Section VI: Certification I certify under penatty of law this document and attachments were prepared under my direction or supervision in accordance with a system designed to assure qualified personnel property gather and evaluate the information submitted. Based on my inquiry of the person, or persons, who manage the system, or those persons directly responsible for gathering the information, the infortnation submitted is, to the best of my knrnnrledge and belief, true, accurate, and complete. I am aware there are signficant penalties for submitting false infortnation, induding the possibility of fine and imprisonment In addition, I certify the provisions of the pertnit, including development and implementation of the construction site erosan control and stortn water management plan, will be complied with. Important: The person signing immediately below must be a representative of the landowner as defined In s. NR 216.43(3),Wis.Adm. Code. "Landowner"for purposes ofU�fs NOI is defined in s. NR 216.002(1�, Wis.Adm. Code. Failure to have this NOI properly signed will result in its reJection and may delay the project Landowner Printed Name Title Telephone Number Landowner Signature Date Signed Complete below ff NOI was prepared by a consultant or someone other than the landowner or an employee of the landowner. However, to be valid,the certiftcation above must be signed by the landowner of the construction site. Preparer Printed Name Firm . Ku tz P . E . Che uame on Ba Eri ineering , LLC Mailing Address Trtle 101 W Main Street , Suite 303 Professional En ineer City State ZIP Code Telephone Number Ashland WI 715-682-6004 Signature of Preparer Date Signed Mail this completed Notice of Intent with appltcation fee to tl�e appropriate �EAVE BUWK-DNR uSE oNLY Departrneot of Natural Resources offlce in the reglon where the construction site is Date Signed Construction Site ID# located.The application fee is: w .e� �� and Disturbance Aaolication Fee ❑ � Less than 5 S 140 Appfcatlon complete? Yes No I 5 or more and tess than 25 S 235 25 or 9�ea� S 350 HisroriGEndangered Checked? Yes ❑ No I See the instructions for regional otflce addresses• Notice of Intent-Storm Water Discharges Associated With Wnd Distufiing Constructlon ActtviUes Generel PertnR . Fortn 3400-161 (R 8/04) Page 4 M 5 Instructions Type or deary print your ansvrers W all questlons.Ansver all questions.Incomptete NOI forms will be reWmed for completion, SecUonl: Landow�rerinfortnatlon Piovlde the legal name of Ne person,firtn,pubik organizalkn,or any other entily ihat owns the construcYion site desaibed in SecUon III of this app�cation.The conhact person should be the person compietety famiUar with Nie consWctlon site acUvity and charged witli compliance and oversight of ihe pemtit The mailing address and phone number glven should be for Uie contact person. SecUon IL Contractor InformaUon K known at tlme of NOI submitlal,provide Cie legal name of ihe person,firtn,or any other entity Nat is the maJor contractw in cha�ge of operatirg ihe consWction site describad in SecUon III of ihls appikation.The wntact person should be the construction site manager compietery familiarwith ttie construction sile aciivity and charged with implementation of ihe permit The mailing address and phone number given sMuld be for ttre contact person. Section 111: Construction SRe Information Enter the consWction site's offidal or legal nartre and complete address,inGuding county,tlty,state and zip code.Be sure to indude ttie quarter quarter,quarter,secUon,township and range(to the nearest quarter section)of fhe site.If the site is on more than one quarter,enter the quarter that best describes the locatlon of the site.Use additional space if needed to describe the site location. Type M Construetion:Make a mark ne�ct ta Me tine ttiat best describes the constructlon activity at the site.TransportaUon slwuld 6e checked for constructlon of roads,bridges and railmads.Utilities should be checked for installation of sewer,electric and telephone systems.If the rype of construction activily is not listed,please write down a b�ef description in the line after the'other designation. Area of Site:Indiple the lofal area of Me construclion site,and estimate the lohal area lo be dlsWrbed by construction activities.Please provide ttie percent of site Impervious before and aRer construction. Discharge:IrMiwte where storm�rater discharge occurs.(There may be more than one discharge point.)I(tl�e discharge is to a stortn d2ln system (operated by munidpalities,flood conNd districts,u67itles a oNer simiiar entitles),indicale this and list the name of the receiving body of water.The ope2tor of Me storm drain system vrill know Me ultimate receivirg waters.The operator of the storm drainage sys[em must receive a copy of the NOI. Stortn water discharging di2cUy to sfate waters will typicalty have an outfali structure directty from the site to a river,lake,wetiand,etc.If the discharge is to an unnamed tribufary or dreinage dRch,please list the named water body to which the dischaige ultimatety drains.E.g.,'Unnamed tribulary to the Red Cedar River.'Fnaly,piease indicate if infiltration ocwrs on site. Section N:Site Lotatlon Map(Section on form is seif$xplanatory) Sedion V:Additional Infortnatlon � Dates:Enter the projecYs anticipated sfart and end dates. Management Practices:Check all applicable management p2ctices that will be used on site to conVol erosion or list other conVol measures that will be used to wntrol erosion at the construcbon ske. Plans:indicate whether or not a construction site erosion control and stortn water management plan has been completed for ihe site.This plan must be completed before a pertnit will be issued,and must be im m�fwmance with Ne'Wisconsin Construclion Site Best Management Practices Handbook'. DO NOT inGude a copy of the consWction site emsion control and storm water management plan. Lowl Requlremenls:Indicate whether or rwt the consWction site erosion conUol plan is in compliance vrith the local sediment and emsion conhol plans.DO NOT inGude copies of these plans.The Iocai agenq approving these plans must receive a copy of the NOI. Section VI: Certifiwtion State Slatutes pfovide for severe penalGes for submitting false information on this Notice of Intenl fortn.State regulations require this form to be signed as follows: 1.For a corporation,by a 2sponsible corporate officer including president,secretary,treasurer,vice presiden4 manager,or a duly authorized represenqUve having ove2il responsibility for the operafion wvered by ihis pertnit; 2.for a wR of govemment,by a 2nking elected offidal,or other duly author¢ed represeniative; 3.for a partnership,by a general paMer;and for a sole proprietorship,by the proprietor; 4.fa a limited liability company,by a manager. ARer signaNre provide ihe name of Me individual signirg the NOI and date of signature.If ihe fortn was prepared by a wnsuttant or someone other Man an empbyee o(the ske landowner,please prwide fhe nartre and address whe�e this person may be conFacted. There is a non-refundable appliration fee required with tl�e submittal of the N01.Remi[a check or money order payable to the Wisconsin Departrnent of Natural Resources(do nM send qsh).The appiicabon fee is: Acres of Land Disturbance [+polication Fee Less Man 5 S 140 5 or more and less than 25 $235 25 w greater $350 A NOI submitted without ihe required apPficalion fee will be considered incomplete. The DNR has published a handbook designed W assist coMrectas.consultanis,and local uniFs of govemme�t in choosing,designing and installirg bw cosL eftedive temporary or permanent co�stru�site Best Management Practices.This ha�booic.YYrsmnsin Constructio�Sile Best ManagemeM Practices,is available ihiough DocumeM Sales�202 S.TTamton Ave.,Madison,WI 53707.For more infortnaGon on the cost and to order the handbook, piease call(608)2663358 w t-800-362-7253.H you need additional informatlon abou[the NOI fw construction acdvitles.Please contact the Deparhnent at(608)267-7694. Notice of Iritent - Stortn Water Discharges Associated YVith Land Disturbing Construction Activfties General Pertnit _ Fortn 3400-161 (R 8/04) Page 5 af 5 ! Mailing Unless otherwise directed, mait this completed NOI form with application fee to the DNR office listed by courtty as fiollows: I NORTHERN REGION COUNTiES WEST CENTRAL REGION COUNTIES Ashland Lincoln DNR Service Center Adams Marathon DNR Service Center Barron Oneida 1401 Tower Ave. Buffalo Monroe 5301 Rib Mountain Rd. I Bayfield pa�k Superior, WI 54880 Clark portage Wausau, WI 54401 Bumett Price Crawford Trempealeau Douglas Rusk Phone: (715) 392-7988 �ackson Vemon Phone: (715) 359-4522 Florence Sawyer Juneau Wood i Forest Taylor La Crosse Iron Vilas Langlade Washbum Chippewa Pepin DNR Service Center Dunn Pierce 890 Spruce St � Eau Claine St Croa Baldwin, WI 54002 Phone: (715) 684-2914 NORTHEAST REGION COUNTIES Brown Marquette DNR Northeast Region Calumet Menominee P.O. Box 10448 Door Oconto Green Bay, WI 54307 SOUTH CENTRAL REGION COUNTIES Fond du Lac Outagamie Columbia Jefferson DNR South Central Region Green Lake Shawano Phone: (920) 492-5800 Dane LaFayette 3911 Fish Hatchery Rd. Kewaunee Waupaca Dodge Richland Fitchburg, WI 53711 Manitowoc Waushara Grant Rock Marinette Winnebago Green Sauk Phone: (608) 275�266 lowa SOUTHEAST REGION COUNTIES Kenosha Sheboygan DNR Service Center Milwaukee Walworth 9531 Rayne Rd., Suite 4 Ozaukee Washington Sturtevant, WI 53177 Racine Waukesha Phone: (262) 884-2300 �M�� Waterway General Pertnit Appllcation ao s�rn�.�vw sa�masz� F«m�soo-�os (R sroa) a�ye 1 a a arc.wLpw Notlee:TMs app�fam is requ6ed uder SecBon 30208.Wfs.Stab.ad ch NR 310.Wis.Adm.Code.Fai�ee b a&mka owrpleb appYcatlon b tAe �m�nc��as aays p�r ao me aa�e a pq�e�uon mar re�+,rc m a�ar��.�«aner e�ta�,e.ae�w�e�y {de�ble trdamatlo�fidiWed on Uds brtn w.be used b cmtact Ya and is not fnBended b be used for dher p�cpoaes.k mey be mede ave0able to req�ieatefs urMer W(s�str�'s Open Remtds law[as.19.31-19.39.Wls.SYab.]. � AW�Y Check tl�e tmc r�a b uie b�ved Ge++er�Permk you are requ�tk�g v�th ads a�paca0on: . ❑Bblo9�cal Shore Frosion Control ❑Dred9„B-�T�Y�� ❑I�m/OuttaA Strucfure ❑Pad-Stortnwater ❑8oat RarnP ❑Ford ❑�iBr�gs ❑Pord-WIId6fe ❑qear SPan Brid9e ❑Gradin9-Less Than One Puue ❑Pier-Pree�dstin9 ❑RiP�P ❑��9�8-��9e DisMct �Gradtrg-One Acre or More ❑Pad-LanduaPe ❑Seawa9 Replacement When completlrg Ods appUptbn.fdbw the spedfle InsWdbns for fhe type of Ger�e21 Permt you are applying fw.Irstrixtlons pn be a6fahed on ac websi6a at Mr.wl.gov under the Doqc'Waterv+aY and WetlaM PertNts'.or from your bd DNR Servke CeMer. � SecUon 1: Wndowner Informatlon Narne Ferson � MaTug Address - � AM � Gty P Code elePhone N�(mchde area code) EmaO Address ax N�a�er ISectlon 11:CoMractor Information(ff wrre�ny Imown) Name a Person IA4a�ing Address dle ICiry IP Code elepFane Nurt�ber(indude ama code) Emaa Address ax Number � I Sectlon III:Site IMormation I �'�� 15925 Four Season's Rd ��"'aY� Hayward WI `/./'/. /. ownship E I I NE NE 3 3 4 2 N 9 W ❑c.�y�ToNm ❑w�aye or Lenroot Sawyer Location Desaipfion See Title Sheet ISecUon N:Addidonal IntormaUon Pmlect Start Date(monthldaYN�) Mfxopma0e Prokct Erd Date(morrtNdaYN�I ��aa9�'aP� IAre you aware of any wetlands at the construchon si0e a any weUa�s that may be aHeded by the projedT Be aware ihat llie Departrnerrt shall.Pursuaid t�ch.NR 103,YYis.Adm Cade.requi2lhat ihe projed oompy wilh tha water quai'dy stardards provisiore in ch.NR 103.The Presence of wetlands may aflecf epgibTty for this general pertniL I ❑Yes�No !ve Yau aware af any I'ated threatened w endargered sPeaes at the consWc6on site?Be aware ihat the Departrt�ent shall, Parsuant to s.29.604(6r).Wis.Stats..determine vfietl�et approval of a general perm8 may afiect a Gned threa6ened or endange2d spedes.The P2sence of a 6s0ed threa�or endangered species may afieG eli9�d'ily for tlds ger�al pemy� �Yes�No I Are you axraie of ariy listed culfurai or hisOotiral resou�ces at ihe construcfion site7 Be aw�are tl�at tl�e DepeMieM shall, Pursuant ro s.44.40�Wis.Slafs..determfie NAietlier approval of a general pertryt may have an adverse afiect upon hl�oric pmperty.The pnesence of hisEoric P�Y�Y aRect el'gb�lity for this generai permit ❑Yes�No IAHach narraWe m�m�at�o�and P�1�P�s as iequired'm f1re Instrucdions for tlre General Penmt ynu are app/y6g for. Waterway General PeRnit Application - ` Form 3500-108 (R 5/04) Page 2 af 4 Sectlon V: Location Sketch, Proposed Matertals and ProJect Plans �:t2Y �+s-z r.�;,� ,�s � .�- - '. '�� , .. _ _ ._ � - Drawings of proposed activity s � te �- • �;�, should be prepared in accordance _ -�� --� " - � $ � -�� with sample drawing. � N i �� ..� � - � � ��-`-� �- , , , -�-�-_ ' - � ; �tre Numbe� — �—a-�.- �—r---�� , � f � -� , ' ; � ;—r E � E , � i : Proposed Materials -i- -+-�-�- -�--;-_' , �. , � , � ;--�"'� "°--.r" ; �-� � ; .., , � I } � � -� S 3 t �� j� i � �.._ ._.� � �` 2 � f_ � . �{ 1 � , i "-S-^4-- � � �, -_. t S • -�- �.— �� ._ "C' . 1' t ; A.� 11 )� t � t E 4._ � �.r.� T�"�..Y � f �� C�2A f ��11.._��Y� ..-. � � �:� �� 7 7�' e � � 'P � �. � i �(.r..tI ..(._` S� i 1.. �.-�- 'r�G� € � " { [ 4 f � Y- -�Y ` � ?-4^ t � � ( �-^ f^-4`'�3 � � I ! � t t , ;_ � ' � , � I I � ' . � - i - ' } '--r �r '-t } ;_ . ; � � �- � � f a �� ' i 1 � s � f _ : i e t � � ` �.. i i } ;# � t�� t i � I i i i ( t.. ; L. � �. . .. _ t..�_ � �-F-�-{ �I- ._�Y � -^�� '!'^Y'_� j .:- ��1�- �.-,,y Y .�'_ �. �� -v-�.{-...�'...�� $,.��.� -y--�-��."�.""��' : ^'-�}- '�'^i�--•�-•- —i-..z. ._.�_.�.,._._.�s -�- r--t--1.-.- � :--•� --€ -j � -5---•-{� f � t ��j . : 3 t - � „� 4 : � � , t � ' ; s !_ s� � � � � t } a _- � i � . . � � . � 3 : � � 3 � � € �. � i ;. � � � � i_. t 7 ..-.. t � 4 q � � . 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'(' �` � . '.. a . p + � � ' .,.,..-_.., n . ...y. . .... . : .. . � :�. _.--5.,.� � _ ...F• Q -i.,:. :.. , . .:_.._ . ...-„, .,. _ .. , _ , . . . . : _:,.. . _ � i �.:... . >. :_ .. r .. ( � � . _ _ . .. .4. r .. � . . . ,.. , . . 3 . ,.,:. , � .t .,.. � ' ._p... , v. a , z.. . , . i : �y. < . . . ..... : ., . '. . . .. 1 .. 1 . , ` : . . ♦ � . . � . : . � ..:.... .� � .... .'.�. . . .�.....� � . _.,...... �. .. n.... . . .. :�..:. -�su..Y :_-+( .�v..:..��. .....��...�.� _�...r.�n . . .' • .. . �. .... . . . . . . . . . ` . . < . :. . . . . . . . . . � . . � . � : ' . .. . ..�.. . . . . . . i .... .. . ... . . I . . t , .. .... ..-. .. ...�. ... .F.........:.. . .... .. . . '. .. . . .. . .. . . . .... . , ...�... i Watervray General Permit Application Form 3500-108 (R 5�04) Page 3 of 4 � - Section VI. Pertnft Conditions I 1, The pertnit does not authorize arry vrork other than what is specificalty desaibed in ihe appliptbn a��PPA��1�� and plans dated as listed above and as IlmiOed by the conditions of the pertniL A permittee shall obtain prior written approval of modfications hom the departrnent before modiying a projed or amending permk conditions. I 2. The pertnittee shall notify the department at telephone number listed above before sfarting �h0fe Number(indude area code) consWction and again not more than 5 days afterthe project is complete. i 3. The permittee shall post a copy of this pertnit at a conspicuous location on the projeci site visible from the waterway,beginning at least 5 days prior to consWction and remaining at least 5 days after construction.The permittee shal�also have a copy of the pertnit and approved plan available at the project site at all times until the project is complete. 4. Upon reasonable notice,ihe pertnittee shall allow access to the project site during reasonable hours to any department employee who is ( investigating the projecYs construction,operation,maintenance or pertnit compliance. 5. The permittee shall complete the project on or befure the expiration date listed above. If the roject E�iration Date projed is not completed by the expiration date,the pertnittee shall submR to the departrnent a I written request for an extension prior to the expira6on date of the permit The request shall identify the requested eMension date and the reason for the eMension.The department may grant a pertnit e�ctension!or good cause shown. The pertnittee may not begin or continue construction after Uie original permR expiration date unless the department graots a new pertnR or pertnit extension in wriling. � I6. The pertnittee shall submit a series of photographs to the departrnent within one week of completion of work on the site.The photographs shall be taken from different vantage points and depid all vrork authorized by the permit I 7. The pertnittee shall maintain the project in good condition and in compliance with the terms and conditions of the permi�ihis chapter and s.30206,STats. S. The department may modify or revoke the permR if the project is not compieted according to the terms of the permit or'rfthe department subsequentty determines the adivity is detrimental fi the public interest I 9. Acceptance of a general permit and efforts to begin work on the activity authorized by the general pertnit signifies that the pertnittee has read,understood,and agreed to follow all conditions of the general permit 10.This projec[shall comply with all conditions identified in the following Wisconsin Administretive s.Adm.Code ICode,and identified in the Instructions forthe General Permit application. Findin s of Fact 1. The Department has detertnined that the projed site and project plans meet the standards in is.Adm.Code I s.30206,Stats.and the following Wisconsin Adminisirafrve Code,to qualiTy for this General PertniL 2. The proposed projed will not injure public rights or interests,cause environmental pollution as defined in s.299.01(4),Wis.Stats.,or 2sult I in material injury to the rights of any riparian owner,'rf consW cted in accordance with this perzniL 3. The Departrnent and the applipnt have completed all procedurel requirements,and the project as is.Adm.Coda pertnitted will comply with all applicable requirements of Section 30206,Wis.Stats.,and Chapters NR 102,103,150,299,310 and the following Wisconsin Administrative Code. , Conclusions of Law 1. The Department has authority under ch.30,Wis.Stats.,and applicable Wisconsin Administrative Codes,to issue a permit for the ! construction and maintenance of this project � 2. The Depar4nent has complied with s.1.11,Wis.Stats. I Waterway General Permit Application Form 3500-108 (R 5/04) � Page 4 of 4 Sectlon Vil: CertifleaUon I hereby certify tt�at the infortnation coMained Fieietn Is true and acarate. I am the owner of the riparian property w am the duty autlwrizad rePresentative and may sign this appliption on pehalf of the owner(s)of said properry. I have read and understand all of the conditions listed in this pertnit and in the Instructions. I have designed the projed to compty with tha conditions,and I will construct the above-mentioned project in comptiance with all such conditions. I urderstand that failure to compy wtth any or all of the provisions of the pertnR renders the autlror'v.ation oontained herein null and wid and may resutt in a fine and/or imprisonmeM of forfeiture under the piovisions of ch.30,Wis. Stats. Landowner Printed Name Telephone Number(fndude area code) LandownerSignalure . DateSigned Complete below if pertnit application was prepareA by someone other than the landowner. However,to be valid,the certification above must be signed by the landowner. Preparer Printed Name F� William G. Kurtz Chequamegon Bay Engineering, LLC Mailing Address TNe� � 101 W Main Street, Suite303 Professional Engineer C�Y tate IP Code elephone Number(indude aisa code) � Ashland "WI 54806 715-682-6004 Signature of Preparer Dale Signed Mail this wmpleted form with the appropriate applfcatlon fee to the appropriate Department of Natural Resources office in the region where the project is located.See the instrucdons for regional office addresses. LEAVE BLANK-DNR USE ONLY ate Appliption Received et# ale Application Complete ee Received $ ❑NHIChecked? ❑HistoricChedced? ASNRI7 ❑Yes ❑No PRF7 ❑Yes ❑No PNW? ❑Yes ❑Na STATE OF WISCONSIN,DEPARTMENT OF NATURAL RESOURCES itla For the SecreWry Issued By Date Signed Copies of this permft sent to: Conservation Warden U.S.Artny Corps of Engineers County Zoning Administrator `�� x� � � � � �;� �' �� 9 ��5 � �H ��P' �1'VyG►/�IE�R'J�G �� 101 WestMainStreet, su�te3o3 LETTER OF TRANSMITTAL P.O.Box 692 Ashland,WI 54806 Phone: (715)682-6004 Fax: (715)682-6025 To: DATE: 5 - n� JOB NO. `��-� ��z-�s%�-�� ATTENTION: � � RE: c� __ — _�� . i �t �"7L. ��.,<<rd�, f ia i ��l��:-� I ( GENTLEMEN: WE ARE SENDING YOU: ❑ Shop Drawings ❑ Change Order ❑ Samples ❑ Copy of Letter ❑ Plans ❑ Specifications Copies Date No. Description f �f� It�/C � THESE ARE TRANSMITTED as checked below: ❑For approval ❑ Approved as submitted ❑ Submit Copies for distribution �For your use ❑ Approved as noted ❑ Return_Corrected prints ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ Resubmit_Copies for approval REMARKS: !'F�-� rs ��.� u tt ce�CCI PIG VS � �+ (` �S} _ � . I �.n�t_"� (� -(e �� ; 1c� l� �� t��_ op� S�e v�,�w cz�� c'�� S�� _ �`,��,�_l�— AREA1 PRE.txt Graphical Peak Discharge method Given Input Data: Description..................... AREA 1 PRE DEVELOPMENT Rainfall distribution........... Type II Frequency....................... 2 years Rainfall,P(24-hours).......... 2.6000 in Drainage area................... 2.4000 ac Runoff curve number,CN......... 73 Time of concentration,Tc....... 39.0472 min Pond and Swamp Areas............ 0.0000%of Area Computed Results: Initial abstraction,Ia......... 0.7397 in la/P............................ 0.2845 Unit peak discharge,qu......... 384.2461 csm/in Runoff,Q....................... 0.6225 in Pond and swamp adjustment,Fp... 1.0000 Peak discharge,qp.............. 0.8970 cfs Page 1 AREA 2 PRE.txt Graphical Peak Discharge method Given Input Data: Description ..................... AREA 2 PRE DEVELOPMENT Rainfall distribution ........... Type II Frequency ....................... 2 years Rainfall, P (24-hours) .......... 2.6000 in Drainage area ................... 0.8700 ac Runoff curve number, CN ......... 73 Time of concentration, Tc ....... 16.3214 min Pond and Swamp Areas ............ 0.0000 % of Area Computed Results: Initial abstraction, la ......... 0.7397 in ia/P ............................ 0.2845 Unit peak discharge, qu ......... 610.6109 csm/in Runoff, Q ....................... 0.6225 in Pond and swamp adjustment, Fp ... 1.0000 Peak discharge, qp .............. 0.5167 cfs Page 1 AREA 1 POST.txt Graphical Peak Discharge method Given Input Data: Description ..................... AREA 1 POST Rainfall distribution ........... Type II Frequency ....................... 2 years Rainfall, P (24-hours) .......... 2.6000 in Drainage area ................... 1.6894 ac Runoff curve number, CN ......... 92 Time of concentration, Tc ....... 6.0000 min Pond and Swamp Areas ............ 0.7103 % of Area Computed Results: Initial abstraction, la ......... 0.1739 in la/P ............................ 0.1000 Unit peak discharge, qu ......... 1009.9968 csm/in Runoff, Q ....................... 1.7860 in Pond and swamp adjustment, Fp ... 0.9062 Peak discharge, qp .............. 4.3149 cfs Page 1 AREA 1 POST10 YR 1.bct Graphical Peak Discharge method Given Input Data: Description ..................... AREA 1 POST 10 YR 1 Rainfall distribution ........... Type II Frequency ....................... 10 years Rainfall, P(24-hours) .......... 4.0000 in Drainage area ................... 0.8500 ac Runoff curve number, CN ......... 92 Time of concentration, Tc ....... 6.0000 min Pond and Swamp Areas ............ 1.4118 % of Area Computed Results: Initial abstraction, la ......... 0.1739 in la/P ............................ 0.1000 Unit peak discharge, qu ......... 1009.9968 csm/in Runoff, Q ....................... 3.1176 in Pond and swamp adjustment, Fp ... 0.8453 Peak discharge, qp .............. 3.5349 cfs Page 1 AREA 1 POND 1.txt Basin Output Pond Name ....................... Distribution Type ............... Type II Frequency Type .................. 2 years Area ............................ 0.7431 ac Peak Inflow..................... 3.5300 cfs Peak Outflow.................... 0.8970 cfs Runoff .......................... 1.6200 in Runoff Volume ................... 4369.6006 ft3 Storage Volume .................. 1797.3480 ft3 Maximum Storage Elevation ....... 0.0000 ft �>Nn J.�.�.�.,�z�or.c �. 3� d��dt� 594 r�z d:,,,.�.,., . Page 1 AREA 2 POST.txt Graphical Peak Discharge method Given Input Data: Description ..................... AREA 2 POST Rainfall distribution ........... Type II Frequency....................... 2 years Rainfall, P (24-hours) .......... 2.6000 in Drainage area ................... 0.7431 ac Runoff curve number, CN ......... 90 Time of concentration, Tc ....... 28.7743 min Pond and Swamp Areas ............ 0.0000 % of Area Computed Results: Initial abstraction, la ......... 0.2222 in la/P ............................ 0.1000 Unit peak discharge, qu ......... 540.5504 csm/in Runaff, Q ....................... 1.6205 in Pond and swamp adjustment, Fp ... 1.0000 Peak discharge, qp .............. 1.0171 cfs Page 1 AREA 2 POST 10 YR.bct Graphical Peak Discharge method Given Input Data: Description ..................... AREA 2 POST Rainfall distribution ........... Type 11 Frequency....................... 10 years Rainfall, P (24-hours) .......... 4.0000 in Drainage area ................... 0.7431 ac Runoff curve number, CN ......... 90 Time of concentration, Tc ....... 28.7743 min Pond and Swamp Areas .._......... 0.0000 % of Area Computed Results: Initial abstraction, la ......... 0.2222 in lalP ............................ 0.1000 Unit peak discharge, qu ......... 540.5504 csmlin Runoff, Q ....................... 2.9192 in Pond and swamp adjustment, Fp ... 1.0000 Peak discharge, qp .............. 1.8322 cfs Page 1 AREA 2 POND.txt Basin Output Pond Name ....................... Distribution Type ............... Type I Frequency Type .................. 1 year Area ............................ 0.7431 ac Peak Inflow ..................... 1.8300 cfs Peak OutFlow.................... 1.0200 cfs Runoff .......................... 1.6200 in Runoff Volume ................... 4369.6006 ft3 Storage Volume .................. 705.7835 ft3 Maximum Storage Elevation ....... 0.0000 ft PdNI� I��y�ntNSica�c� � � ��t�. z3� Fi�-= C+-�u' Page 1 AREA 3 POST.txt Graphical Peak Discharge method Given Input Data: Description ..................... AREA 3 POST Rainfall distribution ........... Type II Frequency ....................... 2 years Rainfall, P (24-hours) .......... 2.6000 in Drainage area ................... 1.1182 ac Runoff curve number, CN ......... 90 Time of concentration, Tc ....... 34.6964 min Pond and Swamp Areas ............ 0.0000 % of Area Computed Results: Initial abstraction, la ......... 02222 in la/P ............................ 0.1000 Unit peak discharge, qu ......... 490.0786 csm/in Runoff, Q ....................... 1.6205 in Pond and swamp adjustment, Fp ... 1.0000 Peak discharge, qp .............. 1.3876 cfs Page 1 AREA 3 POND.txt Basin Output Pond Name ....................... Distribution Type ............... Type II Frequency Type .................. 2 years Area ............................ 1.1182 ac Peak Inflow..................... 1.3700 cfs Peak Outflow.................... 0.5200 cfs Runoff .......................... 0.6200 in Runoff Volume ................... 2516.4635 ft3 Storage Volume .................. 834.2882 ft3 Maximum Storage Elevation ....... 0.0000 ft �,�1 dap�lti 3� Harn n� trz Page 1 AREA 1 EMERGENCY SPILLWAY.txt Weir Calculator Given Input Data: Weir Type ....................... Rectangular Equation ........................ Suppressed Solving for ..................... W idth Flowrate ........................ 11.3000 cfs Depth of Flow ................... 0.5000 ft Coefficient ..................... 0.6500 Height .......................... 2.0000 ft Computed Results: Full Flow ....................... 90.4000 cfs Velociry ........................ 2.4580 fps W idth ........................... 9.1946 ft Area ............................ 18.3892 ft2 Perimeter ....................... 13.1946 ft Wet Perimeter ................... 10.1946 ft W et Area ........................ 4.5973 ft2 Percent Full .................... 25.0000 % Page 1 AREA 2 EMERGENCY SPILLWAY.txt W eir Calculator Given Input Data: Weir Type ....................... Rectangular Equation ........................ Suppressed Solving for ..................... W idth Flowrate ........................ 2.8000 cfs Depth of Flow ................... 0.5000 ft Coefficient ..................... 0.6500 Height .......................... 1.5000 ft Computed Results: Full Flow ....................... 14.5492 cfs Velocity ........................ 2.4580 fps W idth ........................... 2.2783 ft Area ............................ 3.4175 ft2 Perimeter ....................... 5.2783 ft Wet Perimeter ................... 32783 ft W et Area ........................ 1.1392 ft2 Percent Full .................... 33.3333 % Page 1 AREA 3 EMERGENCY SPILLWAY.txt W eir Calculator Given Input Data: Weir Type ....................... Rectangular Equation ........................ Suppressed Solving for ..................... W idth Flowrate ........................ 3.8000 cfs Depth of Flow ................... 0.5000 ft Coefficient ..................... 0.6500 Height .......................... 1.5000 ft Computed Results: Full Flow ....................... 19.7454 cfs Velocity ........................ 2.4580 fps W idth ........................... 3.0920 ft Area ............................ 4.6380 ft2 Perimeter ....................... 6.0920 ft Wet Perimeter................... 4.0920 ft W et Area ........................ 1.5460 ft2 Percent Full .................... 33.3333 °/a Page 1 DESCRIPTION: CHEQUAlNEGON BAY � �z� ��u= � _ ENGINEERING ENGINEER CHECKER APPROVED DATE _� �2NC,��za —r?�*� �..,.,... ,.�� ' , _ _..._......._ �'.._`3Q.? ��___..r_u.��`,:�� -�_.._.w___. � ,. �� _._�,,,..M.,_ �J_.___.� r F.�_:#_� �+��..;.n,. � � ._..m ..,�4_t....�� _...�,,.._ _..__._._. _,. ......_, .,,.�,.._.. _ , ..,,.,_._ __...._.. _..___._ ,_...._....... ......._ ,..�_.__�_ ....._.__.�.__...____—_ r .»»..«-«..v �.- ,.,. . �..d�`.:t^�_�._;pd�,:,.__..�.L�,.._. 1'.n.,-`=.�.� T'�E.G....;,«.,, � � ' m..�.-_«,,..».4.. ..., e.. , _9.��S.f�-.�.,4 ..�.a..n!� �v _1�.�.�..5'S..�..�. _..�,...�a�.�,�.��!.,�..,.�„�.< G_..,,� m.d..,...�,.�.�..,, .�...�...,.,.m.�,...�.,_n......,�,,.W� �,».�....m.,...�„ ....��n3 f�i:mm�2,„�.�,,��:f nti.. . . �..P.e,!Ca'�._..._______._ ..._.�,.w,.xn:sM.P=.__..._.�._.,......._._....__ �. ; ., . ,.��.�,T..x9.o...,xe.J.�1c.5.,.' »w.�....�.., v,.u.�..�,.�.�,......�..��....�,.�.,�,�«�..,...4.«.�-,z,,..«.,.,..e.,.....u.w...�..a.�= _.�,.�e w,s.,. ,_�.___-,.._...A.R a..,, w.......-�.E_,.�...�.,.....�.�,.,�_-... � , 1 � � , , � , . ��, � � , u.,�.�.. � _x_,_,ti.�.�A..._._ .n_�..�..,,. .�,..,.�,..;.�.�� ..� ��n,�....��,�,,., .�` n.�.r_�, ��..� ,�� .�_,�—.,_ ._._�.�.x.��.�,��,_,..�� ..�.s.. �.�,...�.� L a ._ .,_....._._._,,,,. _.___._.,_Ct ,__..,,:.�,. � —' . 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Box 692 • Ashland, WI 54806 • Phone (715) 682-6004 • Fax (715) 682-6025 E-Mail: engineering@cheqbayeng.com web site: www.cheqbayeng.com DESCRIPTION: CHEQUAMEGON BAY �:-�, � ��::� := ENGINEER/NG ENGINEER CHECKER APPROVED DATE 7�� , t , _. .,.�. „ . �:��+.,, a� �..__.� .�.__� �.._��. _._�.�, r.__. „_ ..� �L.P_� ......��..._,�I QL.:V...�..._...:..,_._..............._.._.._ ...._�.,,... _..�,,,..,..___ .___..,�.._.... .._,,._.._ .....___�..__....W____.,...,......_......_,..._.__....._..,w...,..... .,....,_.,.. „�_.._..-- C n�t,.�f„Z;,��.C� .�.�F' �.�..!�.!.?��.� ..._ ��. ._ . ._�_._... _. ._,.�,..w..,,...,-�,... .,m�<�....,..�,�...e.......�..�,,,,�_....._,..4,.'.:..,.a_.<�..e..�.,»:.»»„d.._,.�.F�._n..w.....��i sz�`,�m...a..�..... , ,.,_,,,__ . . . . .. _ �..�r!�.,,�:l�'�t1/�'._ ...._..__ A...__ _ ....�... w ...,,...,. .,�_ .... .. .........�.__._.....� _...�.....�. _�__,.. .. ,.._�� . .. __, _---__-__ ....��.._,,,_. ._ f_...��`____..._�, 2� �..M__.__.,�...��.�. e.�,..��_.�.,._,_ ,.�.��. _..�.!' _, �.�.,.��,�..,� _.�. _.�.�m ��,�r� ... e ,.,.,A,.. a....� . �w.__.',R...�.k:.^l....,._�,.a....�.....k,..�_'��.�.,.�,....:.,.�....,.....�e....._...._u....,, ..n.... ..._..a.�,,.,,_,,..m�_,w,�.�,.<,........,u.�...........�,.M....�..�...,.,�.H.R.,�..Ha,.m�...,� ' ;�ni ' a k ______..�__ . ._..._.._._�_�_,...,_. _._.._.,'._ _._x., E�..:... __._..____.__.____,.---..__.._...�._ ,,,..,_ ,_,._ _..,,. _�._.._ _.... � �� , _ . _ '. _ �,.��_.._,��_ . , ._�.._�, .__.,.. , ._.:.,.,_ � _.�.�. a.ww__.�,.��.�,.�. .��,...z�» � w n,., -o;�- e ' , r. ,. . ..u..._..............................,,.._,..,,._„_...., ._,�.,..:.:;,..�.__..«,,.:_�,µ..........,.,,..;.,.. .,... .:.:...v_......,.... ......_. :...,.,..._..,. .. . .. ..,.....,,, �� T �POAf., . = 't��b�/ 1 � ` . j) O '..��, �'+ !�7 ,. Jv �. t �„�� X I r ;� r-3 .._,.._.,...._. _.......,...,,_..._......__.... ..............._..�___.�, ._.,__..._...__.._..__....�....._�.,.,.._,.,.�.�__ _..__......_.... ___._____ ......__,_.:,.,........_�,_.,_...,...... . i �w. .y � ' �.�k_ tt!,s� z..�.. _.n� ��.��.�_ �.w...w e,�� _ ��...�.�__��..��... .�b....�. �..�.�._�. �-.�. .N �.�._�_.�A.,�,., a�. .�WY� �� ,�.e.__ ��..°��_�.. �� 3,,. � �..ti,�..�._�,._�, �� .�� ,...��_..v.�_._�.�...�..�.,.�...�._,�,_� �, ��- � � � ,_ :. �`+ � '' � �> > �___ .._._..__.._.----_�____m__._.__.. _.._..___.�_.___��..w_,��_._._ _.__.____ .._..__..�.. ..,,,.. ..____�___.__.__....__,__,� ___..._ .._...__._--- __,,.�.._.. _.. __._.. __�______�, __ ....�,._.,___..._. iI ti a � ! �� .J.,,._ __ _.�....___..__. __�.,.. _..�._..__ ._.,.._.�_�_.��:.,- ...,��.___....... _._ ..... _..._. �..._____._.._. ____...._. _ _. .__..._�._.__.w__�_.�_.�._�,__ _.__„__._ __..___... t L �y� -;_ � °- � — • <, , .. ;� ....__.___._...___._._....�.�.._ ___...._._. _..._._ _.��.. _.____ ____.�._.....�., ._._�,..___,...._. ._....____,__.. _.._._ �._.___.._�_ _____ _ _______�.._._�_....._.__._..._�---_....____. _.. r� �- �, .�.,Nv _....._..,..,, .__ __._. .,.,..w, .... ___ _...._...__ _..,,. ��__..._ __�_ _. ._ .�.._n��..�_ �,..�_ __,-..__..�.e,.__,. „ _�__.__� ,__._.�..� _�_..__��,_..�,____ ._..,.. 101 West Main Street•Suite 303 •P.O.Box 692•Ashland,WI 54806•Phone(715)682-6004•Fa�c(715)682-6025 E-Mail:engineering@cheqbayeng.com web site:www.cheqbayeng.com DESCRIPTION: CHEQUAMEGON BAY `�-�� -� _: �, = ENGINEERING ENGINEER CHECKER APPROVED DATE P..'z�� 3 _��._..._�. _... � _�__. ��._ _....... .._______a ,�P._.__. _._. __ ...�� ..__.,__ . _.,�.__ . .__� _.,� � ._ _ _.. _._._ .__�M_.� t �____�.� ___�.._ �.�__.�.__.,_..�._......_ _.__.�._.. _..._...._ ..__. _,.. __.......�.___---__._._.�.�._ .�_.._._._ ..,�_�..� ---___.__ ___.______ __..____ _...._._. �'�.�':__, "�_�... _S 3.. _ F��=._..__..__.� !'m�':...£�..k i..� .._____.___ ,� �rnH p.. � /( fV� � , rr .�,-....�.�...�.�._. __.. `;.,R�`� ___ 4z .�.,..._1.,� �__�_. ._.�.._,.. _,.._._..._.�_..__ -._.._,..... I.o°! ....._.�__�_ ....._.__._ .__.�A:��..._,_._P�� _.�-�__.. .__?__- � _____�_ �:nor .: . : �+3,z�v___"._r!.�."__'_`., o o�,_..,.. S=�Q_.��r� _.___- ____ ..,_.__..... _._. ._,._ . _._..._.._ ..,_,_.._.. .___....__ 3 .Sy s�µ/_^ iN = 1�1,25 L ' �Z �S , 101 West Main Street•Suite 303 •P.O.Box 692•Ashland,WI 54806•Phone(715)682-6004•Fax(715)682-6025 E-Maii:engineering@cheqbayeng.com web site: www.cheqbayeng.com � LAW OFFICE of CLIFFORD E. STONER Clifford E. Stoner Attorney at Law 10637 Hayward Court Phone 715-634-6960 Dana M. Rasmussen Hayward, WI 54843 Fax 715-634-7271 e-rr�l stonerlawoffice@cheqnet.net March 24, 2005 �._�.�.,�� r� - ' " � �� e t-:; - Mr. Thomas J. Duffy .�.�,� ; � - :� _.a Attorney at Law �•.�,` �� _ , , , �� "' Sawyer County Corporation Counsel �fi� �� 4# � -�;h 10594 Main Street Hayward, WI 54843 RE: Sawyer County Board of Adjustment Appeal of Martha Brauer, et al. (Swanson) Dear Mr. Duffy: Enclosed please find the original and five copies of the Sawyer County Zoning Committee's Brief for distribution to the members of the Board for the above-referenced matter. I have mailed copies to the other attorneys of record. If you have any questions, please do not hesitate to contact me. Thanking you for your cooperation, I remain, Sincerely, �� __ ,% ' l.. j� L-' Cli ord E. Stoner CES/ss Enclosures cc: Attorney Mary Beth Peranteau Attorney Michael A. Kelsey SAWYER COUNTY BOARD OF APPEALS(ADJUSTMENT) Appeal of the Decision of the Sawyer County Zoning Committee dated December 17,2004 to issue a Conditional Use Permit for � the Robert J.Swanson Condominium project in the Town of Lenroot by Appellants Martha Brauer,Dennis Brauer, Pauline Van Dunk,and Gordon Van Dunk. BRIEF OF SAWYER COUNTY ZONING COMMITTEE INTRODUCTION As stated in attachment A to the AppellanYs Appeal of the Decision made by the Sawyer County Zoning Committee is based on four principal allegations: 1. Zoning Committee proceeded on an incorrect theory of law. 2. The proceedings were not in compliance with the procedural requirements of the Zoning Committee rules, Bylaws and the Zoning Ordinance. 3. The decision of the Zoning Committee was arbitrary and capricious representing the committee's will and not its judgment. 4. The committee's determination was not supported by sufficient evidence. It is the position of the Zoning Committee that it did in fact proceed on a correct theory of law,that the proceedings were in compliance with the procedural requirements of the applicable rules,bylaws,and ordinance.Furthermore the Zoning Committee's decision was based on its judgment and not its will and was not arbitrary nor capricious,and the evidence was suffcient to support the committee's decision to grant the Conditional Use Permit(CUP). STANDARD OFREVIEW Pursuant to Section 59.694(7)(a) and (8) of Wisconsin Statutes and Section 4.11, 42 and 8.1 of the Rules and Bylaws of the Sawyer County Board of Appeals and the recent decisions of the courts, the review by the board is confined to consideration of the "record". Pursuant to that authority the board is given the same authority as the Zoning Committee to the end of affirming, or reversing, or modifying the Committee's decision, but not to the end of re-hearing the matter as if the original hearing did not take place. ARC,UMENT I. THE JURISDICTION OF THE ZONING COMMITTEE IS NOT - DETERMINED BY THE CONTENT OF AN APPLICATION NOR THE QUANTITY OF EVIDENCE AND TESTIMONY. The Appellants contend that the Committee lacked jurisdiction as a result of the application not being accompanied by the documentation listed under the Zoning County Ordinance in Section 4.422(2). However, the presence or absence of the listed documentation of that section does not establish or deny the committee's jurisdiction. The extent of jurisdiction of the Committee is authorized and set forth in the Zoning County Ordinance and the enabling Wisconsin Statutes. The requirements of Section 4.422(2) of the ordinance were obviously met by the topographic survey prepared by Heart of the North, Surveyors, and the onsite inspection by the members of the Zoning Committee. The personal examination of the property involved was obviously superior to a drawing or post-construction site plan. The onsite explanations given by the applicant and the personal observation of 2 the proposed development more adequately provided the information needed by the Zoning Committee. All of the information necessary to make a decision was available to the Committee at the four public hearings and the onsite inspection. The Zoning Committee was within its power to grant the CUP for the proposed development and was fully authorized to approve that CUP based on the information that was made available to it including the onsite inspection. The Appellants in their contention that the Zoning Committee exceeded its jurisdiction made reference to the case of Weber v. rown of Saukville 209 Wis. 2d, 214(1997) but failed to indicate that the invalidation of the Conditional Use Permit in that case was the result of the town's failure to satisfy its own notice provision. The other reason for invalidating the Conditional Use Permit being requested was that the application lacked critical information that should have been included in the notice which when coupled with the absence of proper notice, gave the Court the basis for the invalidation. In this matter now before the Board there is absolutely no contention that there was a failure of complying with the notice provisions of the ordinance and after four hearings plus an onsite inspection where the public was also invited and which some neighbors attended, the committee obviously stayed within its jurisdiction. II. THE DNR AND THE COUNTY HAVE CONCURRENT JURISDICITON AND AUTHORITY CONCERNING GRADING AND STORM WATER MANAGEMENT. The Appellants seem to contend that because the Committee burdened the CUP with additional requirements of compliance with the DNR it was somehow shirking its responsibility or by doing so had no basis for granting the CUP with those 3 restrictions. The Willow Creek Ranch case referred to by the Appellants in their Brief misconstrued the holding. The Court held that because the DNR required licensing and the County required Zoning that each represented distinct powers that did not conflict with each other. The Zoning Committee quite correctly assumed that the DNR would exercise its authority and exercise its power of requiring its acceptance of the Erosion Control or Storm Water Management Plan required by the DNR and by the limiting conditions of the CUP. Not only did the Committee acknowledge the concurrent authority but added even more restrictive limitations on the granting of the CUP by imposing additional limitations to those that would be required by the DNR. By its restrictions on the granting of the CUP, the Zoning Committee acknowledged the superior authority and expertise of the DNR but also then required that the Zoning office maintain surveillance over the project by having the Erosion Control and Storm Water Management Plan ultimately adopted to be reviewed by the Zoning Administrator. The members of the Zoning Committee made no pretense of being water control engineers and although serious inquiries were made, by its limitations on the CUP assured the compliance with proper erosion control and storm water management standards. III. THE DECISION OF THE ZONING COMMITTEE WAS A THOROUGHLY CONSIDERED JUDGMENT DETERMINATION Contrary to the Appellants contention, the difficulty experienced by the Committee members in making a decision was the result of obvious concern and deliberation rather than the contended "quick fix". There was nothing arbitrary or 4 capricious about the members of the Committee showing great concern for the issues raised and ultimately attaching the five conditions onto the approval of the CUP. Nothing in the record suggests that the Committee rushed to a decision to move onto some other matter. Quite to the contrary, the Committee by its number of hearing meetings and the onsite inspection was clearly intent on addressing all of the issues raised by both the applicant and the opponents. The requirements of the ordinance were obviously addressed and met by the Committee by its decision with the five conditions. The mere fact that a single drawing was not made available but was in fact replaced by an onsite inspections does render the decision of the Committee capricious or arbitrary. Nor is that decision wntrary to law. CONCLUS/ON By virtue of the applicable Wisconsin Statutes and the rules of the Board requiring the Board to review the record of the hearing conducted by the Zoning Committee that includes all of the documents submitted and the full transcript of all of the hearings the Board has thus reviewed all that the Zoning Committee considered. Emphasis should not be placed on any particular statement or document but the entire record should be taken as a whole in considering whether or not the Zoning Committee made an error. To reverse or modify the Committee's decision requires that the Board first find an error in the Committee's decision. It is respectfully submitted that the Committee made no error in its decision. The inclusion of the five conditions in granting the Cup shows the Committee's decision was a judgment and not an act of will. Specifically, the Committee kept within its 5 jurisdiction, proceeded on a correct theory of law, was presented with sufficient evidence to make a reasonable decision and then make a reasonable decision based on its judgment. No error having been made by the Committee, the Board should affirm the decision of the Zoning Committee. Dated this 24�h day of March, 2004. Respectfully submitted. Sawyer County Zoning Committee, � � By: � � r� C�} rd E. Stort�r, its Attorney �t te Bar No. 1016124 10637 Hayward Court Hayward, WI 54843 715-634-6960 6 MICHAEL A. KELSEY ATTORNEY AT LAW 10603 N KANSAS AVENUE P.O.BOX 718 HAYWARD,WI 54843 (715)634-2400 Fax:(715)634-3154 March 25,2005 "�;;`� �?�:�"��t-,�� .. � �y ti� �� °, 2� Zi�J� :i.;� Thomas J.Duffy,Attorney at Law _ . �_� Sawyer County Corporation Counsel ��'� -��T P.O.Box 839 �'�T�� Hayward,Wisconsin 54843 Re: Sawyer County Zoning Committee Appeal of Martha Brauer,et al Dear Tom: Enclosed please find an original and six(6)copies of the Brief of Robert J.Swanson. By copy of this letter,I am providing a copy of this letter and the Brief to Attorney Clifford Stoner and Attorney Mary Beth Peranteau. Thank you for your consideration. Very truly yours, Michae A.Kelsey Attorn at Law MAK/jk Enclosures c: Clifford E.Stoner,Attomey at Law Mary Beth Peranteau,Attorney at Law SAWYER COUNTY BOARD OF ADJUSTMENT Appeal of Martha Brauer, Dennis Brauer, Pauline Van Dunk and Gordon Van Dunk of a Decision of the Sawyer Counry Zoning Committee dated December 17, 2004 Re: Issuance of Conditional Use Permit for Robert J. Swanson Condominium Project in the Town of Lenroot BRIEF OF ROBERT J. SWANSON FACTS This is an appeal of a decision by the Sawyer County Zoning Committee which granted a conditional use permit for a 10-unit condominium development on land owned by Mr. Robert J. Swanson. The first hearing before the Zoning Committee took place on September 17, 2004. Afrer hearing much testimony and evidence,the hearing was adjoumed to October 15, 2004 so Mr. Swanson could prepare a new map to address the following three (3) issues: l. The square footage of the parcel which would remain with the resort; 2. The 66 foot private road right oF way; and 3. To insure the condominium parcel would not have lake access. On October 15,2004,a new map was presented to the Zoning Committee which showed that the resort parcel would be 150,000 squaze feet, which is 10,000 square feet more than the requirement of the Sawyer County Zoning Ordinances. The new map also depicted the private road to be 66 feet wide which traveled from Four Seasons Road along the westerly portion of the property to provide access to the 5 buildings which house the 10 condominium units, and the new map confirmed there would be no lake access. After reviewing the map,it was Mr.Swanson's understanding that all zoning issues had been addressed; however, the Appellants and other property owners were still objecting to this type of development, even though more than a year eazlier,they had agreed that a residential development of this type was acceptable. E�chibit 1. Af[er answering the Committee's questions, Mr. Swanson agreed to potentially reduce the request from 10 total units to 8 total units. Despite the implication that the Committee would accept this proposal, since the project meets all Sawyer County Zoning requirements,Committee Member Elgin Gunderson made a motion to deny the conditional use permit, which failed by a vote of 3-2. Transcript,pgs. 40-44. After much discussion,the Committee adjourned the hearing to November 5, 2004 so they could view the subject property. The Boazd next met on November 5, 2004 at the subject property. At that time, the Committee viewed the various portions of the property, the relationship of the adj oining properties to the subject pazcel,as well as the drainage from that pazcel. Mr. Swanson also addressed what they would do relative to the grading of the property and diversion of the water to address runoff. On November 18, 2004, the Committee again met to discuss the application. After clarification of exactly what Mr. Swanson was requesting, the Committee had a great deal of discussion about the impervious surfaces. Board Member Bruce Miller made a motion to approve the application with the condition of an affidavit being filed with the Sawyer County Register of Deeds that none of the condominium units would have ripazian rights or lake access, that the required appropriate storm water and runoff approval from the Wisconsin Department of Natural Resources be presented to the Zoning Administrator and that all permits be reviewed and approved by the Zoning Administrator. Said motion was seconded by Mr. William Voight. After further discussion, the motion failed by a vote of 3-2. Transcript, pes. 72-74. On December 17, 2004, the Zoning Committee met for one final time. At that hearing,the Committee heazd further discussions from Mr. Roger Hoff,the contractor for Mr. Swanson. Boazd -2- Member Elgin Gunderson made a motion to deny the application, which was seconded by Boazd Member Kathy McCoy. After further discussion regazding the road, the motion failed to pass by a vote of 3-2. Transcript, oe. 81. Immediately after the motion to deny failed, Boazd Member McCoy made a new motion to approve the conditional use permit, contingent upon obtaining the required DNR approvals, also contingent that there shall be no deeded access to the lake for the property, also that it be divided pursuant to the last map which was provided. Said motion was seconded by Committee Member Bill Voight The motion carried by a vote of 4-1. The Findings of Fact was that it would be compatible with the surrounding uses in the area. ARGUMENT ISSUE 1: Did the Zoning Committee exceeds its jurisdiction by granting a conditional use permit? Answer: No. A conditional use is defined as a use which is permitted by this ordinance, provided that certain conditions specified in the ordinance are met and that a permit for such use is granted by the Zoning Committee. Section 21(16), Sawver Countv Zonine Ordinance. The proposed development is located within a Residential-Recreational One zone district. A condominium development is a use authorized by conditional use in the Residential-Recreational One zone district, pursuant to 17.2B)16), Sawyer County Zoning Ordinance. E�ibit 2. Cleazly, this proposed development must be approved by the Sawyer County Zoning Committee, which is well within its jurisdiction. -3- The Appellants aze claiming that the contour map provided by Mr. Swanson, which was updated on numerous occasions, does not meet the requirements of Section 4.22(2) of che Sawyer County Zoning Ordinances;however,the Committee members met at the site to view contours and grading. Also,any post-construction conditions under(b)can be met,based upon the contingencies placed by the Committee after 5 different meetings regazding the application. In further claiming that the application and submittal by Mr. Swanson were not complete, the Appellants are relying on Weber v Town of Saukville, 209 Wis. 2d 214, 561 N.W. 2d 412 (1997),which was a mineral extraction operation. The facts of that case are mazkedly different from the current case. In our present case, all parties had adequate notice of the hearing. They were able to present argument or evidence at the time of the hearing and they met on site. With the possible exception of Boazd Member Kathy McCoy, none of the Zoning Committee members have the required knowledge to interpret plans; thus, they have made it contingent upon the granting of the conditional use permit that all appropriate DNR approvals, as to storm water runoff and drainage, be provided to the Zoning Office before the project can move forward. All submittals were provided in a timely manner and were explained in depth. On numerous occasions, Mr. Swanson and Mr. Hoff explained all aspects of the development process and addressed the drainage/runoff issue. ISSUE 2: Did the Zoning Committee have a basis to grant the proposed conditional use permit? Answer: Yes. The Zoning Committee met on September 17, 2004, October 15, 2004, at the site on November 5, 2004, met again on November 18, 2004, and finally granted the permit on December 17, 2004. Each time the Committee asked for certain submittals, Mr. Swanson provided it to the -4- Committee. The Committee met at the site to review the proposed site, heazd explanations oF the proposed drainage and heazd azguments for and against the conditional use permit. The conditional use permit is the first step to develop this project. Before this project can proceed,all appropriate DNR and land use permits must be applied for and granted. Pursuant to the conditions placed by the Zoning Committee, these permits, which would address all drainage and runoff issues must then be submitted to the Sawyer County Zoning office. ISSUE 3: Was the Zoning Committee's decision arbitrary,capricious and represented its will and not its judgment? Answer: No. The Appellants aze claiming that the hearings were adjoumed several times due to the concerns of the members because Mr. Swanson failed to submit complete information, which is totally untrue. After the September 17, 2004 portion of the hearing Mr. Swanson provided a new survey map, as requested, to address the issues of the road, squaze footage and lake access. Even though all zoning requirements could be met, a motion was made and seconded to deny the application, which was defeated by a vote of 3-2. The Committee then wanted to view the site and,after viewing the site and hearing what Mr. Swanson was willing to do,there was one other vote to deny, which failed,and one vote to approve with conditions. Finally,by a vote of 4-1,Mr. Swanson was granted the conditional use permit,after numerous discussions and conditions were placed upon the approval. Cleazly, if the Zoning Committee had followed its will, this conditional use permit would have been denied immediately; however, the Committee followed a long process to reach a just decision based upon the evidence and applying the appropriate zoning ordinances. Board Member Bruce Miller stated it best: -5- "I azn just going to make my point, I believe, as I did before, that this met all the requirements of the county zoning ordinance. I may or may not like it, but they played by our rules and I believe they met our rules. I have the same concems that many people do about impact and the lake, but I think that if you have a set of rules that are adopted, that you need to treat fairly and equally.° Transcript, naee 80. The Boazd members had some concerns, but they listened to the evidence, they personally viewed the site and they had votes,both for and against granting the conditional use permit. Cleazly, the process the Sawyer County Zoning Committee took was not arbitrary or capricious and did not represent its will, but represented its judgment, when considering all of the evidence. Based upon the evidence,testimony and deliberations ofthe Zoning Committee,the decision to grant the conditional use permit with conditions was reasonable. Mr. Swanson respectfullyrequests that the decision ofthe Sawyer County Zoning Committee be af£irmed. Dated this 24"' day of March, 2005. Respectfully submitted, Mich A. K , tate Bar N . O 101 00 Atto ey for ert Swanso 106 3 N Kansas Ave . O. Box 718 Hayward, Wisconsin 54843 715/634-2400 - Fax: 715/634-3154 -6- � `f ,_ _.. ..__ .._, . -,i t., . �� S : , � �i WHEELER, VAN SICKLE & ANDERSON, S.C. �i ��rn � 1 ZOG� ��i a Wisconsin Service Corporation � �._� ?'�'1� qL�Mll��TM T�+� ATTORNEYS AT LAW NILES BERMAN SUITE 801 JEFFREY L.LANDSMAN THOMAS J.ZAREMBA' 25 WEST MAIN STREET OF COLTNSEL STUART G.MONDSCHEINt COURT COMMISSIONER MADISON,WISCONSIN 53703-3398 CxnRLEs S.vnN SICKLE WILLIAM PRAY O'CONNOR NORMAN C.ANDERSON DEN[S R.voGEL•* TELEPHONE (608)255-7277 RHEA A.MYERS JANET L.KELLY FACSIIVtILE (608)255-6006 MARY BEfH PERAN'CEAU snaAx onvts EMAIL:wheelerQwheelerlaw.com FLOYD E.WHEELER * ALSO ADMI'CI'ED IN MICHIGAN (1905-1995) '*ALSO ADMI"1"1'ED IN MINNFSOTA +Cenified Cidil Trial Advowte,National Board of Trial Advocacy April 7, 2005 VIA FEDERAL EXPRESS Attorney Thomas J. Duffy Sawyer County Corporation Counsel 10594 Main Street Hayward, WI 54843 RE: Sawyer County Board of Adjustment Appeal of Martha Brauer, et al. Dear Mr. Duffy: Enclosed please find an original and 5 copies of the Appellants's Reply Brie£ Copies of same are being sent to the other attorneys of record via first class mail. Thank you. Very truly yours, WHEELER, VAN SICKLE & ANDERSON, S.C. vU ]Jw�� Mary Bet Peranteau Enclosures cc: Michael A. Kelsey Clifford E. Stoner SAWYER COUNTY BOARD OF APPEALS Appeal of Martha Brauer, Dennis Brauer, Pauline Van Dunk and Gordon Van Dunk of a Decision of the Sawyer County Zoning Committee dated December 17, 2004 Re: Issuance of Conditional Use Permit for Robert J. Swanson Condominium Project in the Town of Lenroot APPELLANTS' REBUTTAL BRIEF None of the parties to this proceeding dispute that sec. 4.422(2) of the Zoning Ordinance applies to this CUP. That section requires that the CUP application include: a. A topographic survey of sufficient scale (not less than 1" = 20') showing pre-construction and pre-excavation conditions including slopes/contours, water bodies, wetlands, vegetative cover, drainageways, roadways, buildings and all other impervious surfaces and any unique physical features of the lot. b. A site plan of similar scale showing the information required in (a) as post-construction conditions, and shall include all erosion/sedimentation control measures, diversion/containment structures and total calculations of lot area and impervious surfaces. The Committee and the Applicant have effectively conceded that Mr. Swanson did not submit these documents. In fact, he expressly refused to submit the documentation as part of the CUP proceedings. See Transcript, September 17, 2004 Public Hearing, at 5 (statement of Attorney Mike Kelsey) (A-App. 7) ("To have Mr. Swanson come in and have a detailed [erosion management] proposal at this time, if we , - WHEELER, VAN SICKLE & ANDERSON, S.C. a Wisconsin Service Corporation ATTORNEYS AT LAW NILES BERMAN SUITE 801 IEFFREY L.LANDSMAN THOMAS I.ZAREMBA* 25 WEST MAIN STREET OF COUNSEL STUART G.MONDSCHEINt COURT COMMISSIONER M/�DISON,WISCONSIN 53703-3398 CHARLES S.VAN SICKLE WILLIAM PRAY O'CONNOR NORMAN C.ANDERSON DENIS R.VOGEL~* TELEPHONE (608)255-7277 RHEA A.MYERS JANET L.[cFLLY FACSIMII.E (608)255-6006 MARY BECH PERANTEAU SARAH DAVIS EMAIL:wheeler@wheelerlaw.com FLOYD E.WHEELER * ALSO ADMITTED IN MICHIGAN (t905-1995) *"ALSO ADMI"I'CED IN MIfYNFSOTA t Certified Civil Trial Advocate,National Board of Trial Advocacy March 10, 2005 VIA FEDERAL EXPRESS Attorney Thomas J. Duffy Sawyer County Corporation Counsel 10594 Main Street Hayward, WI 54843 RE: Sawyer County Board of Adjustment Appeal of Martha Brauer, et al. Dear VIr. Duffv: Enclosed per the briefing schedule set forth in your correspondence of February 3, 200�, please find an original and � copies of the �lppellants's Brief and Appendix for distribution to the inembers of the Board. Copies of same are bein� sent to the other attornevs of record ��ia first class mail. Please feel free to give myself or Bill O'Connor a call with any questions. Thank you. Very truly yours, WHEELER VAN SICKLE & ANDERSON, S.C. �� Mary Bet Peranteau Enclosures cc: Michael A. Kelsey Clifford E. Stoner t .� t• b " SAWYER COUNTY BOARD OF ADJUSTMENT Appeal of Martha Brauer, Dennis Brauer, Pauline Van Dunk and Gordon Van Dunk of a Decision of the Sawyer County Zoning Committee dated December 17, 2004 Re: Issuance of Conditional Use Permit for Robert J. Swanson Condominium Project in the Town of Lenroot BRI�F AND APPENDIX OF APPELLANTS INTROD UCTION "Chis is an appeal of the decision of the Sawyer Count_y Zoni�ig Committee granting a conditional use permit("CUP") to Robert Swanson ("Applicant�') for a multi- family condominiuin development o�1 land i�i the Town of Leuroot used as the Four Seasons Resort. The Appellants are neighboring property owners who objected to �he CUP application because their propei-ties will be directly and adversely affected by tlie proposed development. �I'he CUP was granted in violation of the Sawyer County 'Loning Ordinance (the "Ordinance"), because the Committee was authorized to grant the CUP only after review of specific application materials relating to the nlanage�nent of runoff water tiom the site, whicl� �he applicant refused to submit. These materials were necessary for the Cominittee to determine whether the proposed CtJP would meet standards set forth in the Ordinance. In addition, the Committee's decision to grant the CUP was not supported by sufficient evidence and was arbitra�y and capricious. Y i � i The CUP authorizes the construction on an extremely challenging site on Nelson Lake. "The existing resort on this site contains numerous buildings and other structures that substantially exceed the allowable impervious surface coverabe within 300 feet of the lake under the Ordinance. The site is characterized by steep slopes, most of which exeeed 30 percent and in many areas exceed 50 percent.� See Heart of the North Topographical Site Plan (submitted November 5. 2004) (Appellants' Appendix, at p. 1).� The properties surrounding the Resort are single-famil5-residences whose owners already must deal with the runoff on their properties fi-om the abuttlllg hillside. See Transcript, September 17. 2004 Public Hearing. at 1-3 (public comnlen�s submitted bv Axell, Norbaard, Brauer, Stuhr and Van Dunk) (A-App. 4-6). The A��plicant proposes to si<�nificantiv increase the ain�unt of impea-��ious surface on the Resort property. Sce Site Plan (A-App. 1). This wi11 breatly increase the volume and speed of runoff water onto neigllboring properties across Four Seasons Road, and substantially reduce the tiltration of sediments and other pollutants befoi-e they flow onto adjacent private properh� and into Nelson Lake. Although the Ordinance does not prohibit developinent on sites like this one, it does require the Applican�to provide documentation to show that the runoff�fi-oiu the site will be managed to protect adjacent land and �vater �fiom dainage. The Ordinance requires the Applicant to submit tlus documentatio�i befof�e the CUP is issued. � Ott a 30°% slope the land drops three feet vertically ��ver a distance of ten lateral feet. On �0",% slope the laiid drops five feet verticall��over a distance often lateral feet Slopes exceedin�2�%are ��idel} recognized to present significant threats of erosion and sediment deposition onto adjacent lands and waters, requiring that extraordinary provisions if they can be developed at all. 'Referenced portions of the Zoning Committee's record of these proceedings are set forth in the attached Appendix and cited as"A-App. XX." � � , � . The Coinmittee erred in granting the CUP because it ignored the Ordinance provision that requires the Applicant to submit specific information in order for it to determine that the development meets the perforniance standards se�by the Ordinance. In fact, the record shows that the Applicant repeatedly refused to provide the Zoning Committee witl� the documentation required by the Ordinance. Without that information, there was no way for the Cominittee to properly evaluate the iinpacts of the proposed development on this fragile site, or to determine whether tl�e Ordinance staildards could be met. We ask the Board of Adjustment to reverse the Committec and to declare the CUP null and void. ARGG'MENT T. THE 7.nNTNG CnMMITTEE EXCEEDEI) ITS JL�RS1nICTiON BV GRANTING A CUP WITFIOUT A COMYL�T� APPLICATION. On December 17, 2004, the _7.oniug Committee granted a CUP to Robert Swanson to develop five duplex condominiums and associated inlprovements, including a private road off Four Seasons Road, a stairway/walk�vay, a�Id other structures oi�part of the existing Four Seasons Resort parcel on Nelson Lake, in the RR-1 zoning district. See Site Plan (A-App. 1); Transcript, December 17, 2004 Public Hearing, at 82-83 (A-App. 34-35). Condominiums are a conditional use in the RR-1 district. See OR��tv��Nc� § 17.2(b)(15). The CUP application seeks a permit relati�g to tax parcels .1.10 and .1.12., totaling approximately 9.27 acres. See CUl' Application (A-App. 2). See also Town of L�enroot Tax Parcel Map (A-App. 3). According to the Applicant's counsel, the Follr Seasons Resort has historically been operated on these two parcels. See Traiiscript, September 17, 2004 Public Heai-in�, at 13_ 1�. 19 (A-App. 9-1 l); Novenlber 18, 2004 ; r • Public Hearing, at 63, 66 (A-App. 27-28) (statements of Attorney Mike Kelsey). The Appellants' properties (Tax Parcel Nos. .1.5/.1.2. and .1.9, respectively) are across Four Seasons Road and within the drainage area of the upland portion of the Resort. See Tax Parcel Map (A-App. 3). The Four Seasons Resort property is speciall�� authorized as an "existing resort" under sec. 4.414(2) of the Ordinance. This "existinb resort" status allo��-s the property to be exempt from dimensional and use restrictions in the RR-1 zoning district that would ofherwise apply. I-Iowever, �he Ordinance does requi�-e existing resor-ts to mcet certain "impervious surface" limitations to protect against excessive runof£� 'The Ordinance generally prohibits developinent of existing resorts in the sh�reland zoile �vhere t11e impei��ious surf�ce �vill e�ceed 1�% �t�tlle �u�ca �ti�itl�in 30� f�cet of the lake shore. See ORU1NAtvc�� 4.414(?)(a)l . This cap on impervious surface coverage may be inereased by the Zonin� Committee under sec. 4.414(2)(a)3. which states: A conditional use permit shall be required to e�ceed these iinpereious surface requirements. An a�plication for a conditional use permit shall be subnlitted per Section 4.422(2). Tbe Site Plan submitted by the Applicant(A-App. 1) sho�vs tl�at 23% ofthe area of the existing resart within 300' feet of the shoreline is already covered�vith impervious surfaces. The Applicant proposes to increase the amount of impervious surface within � "Impervious surface" is broadly detined b�°the Ordinance to include: Surfaces wl�ich prevent or im}�ede normal ��ater filtration and!or cause runoff to other aresas. [ncludes but not limited to: (l) all buildings, and structures (area measured at roof gable end and eave lines); (2) stairs, ��alk�vays,drive�vays and pail:ing or other areas, comprised of brick, paver stone, cementitious substances, or am� bituminous substancc, inchtdin�asphalt, and(3)any subbase of p(astic or any shield �vhich pre��ents or impedes�vater penetration. ORDINnNCE, 5 2.1(43�. � T � � 300' of�he lake by constructing portions of a private road and a 4'-wide blacktopped walkway. See Site Plan(A-App. ]). 'I'his increase in the al��eac�y nonconforming impervious surface area triggers the requirement of sec. 4.414(2)(a)3 for a CUP, as quoted above. It is important to understand that, under Sec. 4.414(2)(a)3, any ir�creuse in this property's impervious surface coverage requires approval of a CIJP applicat�io�i sLibnlitted under sec. 4.422(2) of the Ordinance. That section states: The liinitation on impervious surfaces niay be increased t�o no inore than t��ent��-tive percent (25%) only v��itll a Conditional Use PermiL The conditional use application shall include, af a minimum, tlie f'ollo��in� documentation: a. A topographic survey of sufficient scale (not less tlian 1" = 20') sllo��i»«pre-construction ��d }�1-e-exca��ation conditions includi�l�, slopes/con�ours, water bodies, wetlands, vegetative cover, drainage�vays, roadways, buildings and all other iinpei-��ious surfaces and any unique physical featui•es of the lot. b. A site plan of similar scale sl7o«�ing the ii�formation requircd in (a) as post-construction conditions, and shall include all erosion/sedimentation control measures, diversion/containment structures and total calculafions of lof area and impervious surfaces. * � * While a topographic survey was submitted, the survey did not meet the standards set forth under subsection (a), a�id none of the information required under subsection (b) was submitted. At several points dui-ing the proceedings, the Applicant and lus representatives stated iliat the required informatio�i would not even be available until after the CUP is issued. See Transcript, September l 7, 2004 Public Hearulg, at 5-6 (stafements of Attorney Mike Kelsey and Roger Hof� (A-App. 7-8); October 15, 2004 Public Heari�Ig, at 32, 37 (statements of Attoi-ney Mike Kelsey) (A-App. 16. 18). 5 , , . The CUP application was defective because it did not contain tl�e information required by the Zoning Ordinance to evaluate the effects of runoff from the site. �Chis information was mandatory because the plan increased the impervious surface coverage caps set in the Ordina�lce. In Weber v. Town of Saukville, 209 Wis. 2d 214, 562 N.W.2d 412 (1997), the Wisconsin Supreme Court invalidated a CUP for a miileral extraction operation for exactly the same reason. In ihat case, the Town zoning oi-dinance required the Applicant to submit a detailed description of all aspects of the operation, the quantity of��,ater to be used in the operation, a topographic map showing the depth of existing �nd proposed excavations, and a restoration plan. Id. at 237. The Weber court invalidated the CUP because the application was not coinplete as ofi the clate that notice of thc final �tlrlic hcarin�� «�as firsf �i��en. Id. at �39-�4�. Thc c�urt cYplaiued that this 7-ule ��ras necessary because otherwise the Applicant could withhold all controversial information fi•o�n the application until after tlle public hcaring. See id. at 238. The requirement for a complete and tllnely application not only ensures that tl�e decisionmakers have the relevant infor�nation, but also that interested parties have a nlea�iingful opportunity to express informed opinions at the public hearing. Id. at 237. The Zoning Committee exceeded its powers when it granted the CUP for the proposed condominium development. The Committee was authorized to approve the CUP only on the basis of a coinplete application that included all of the informatioil required by the Ordinance. �� II. THE ZONING COMMITTEE HAD NO BASIS TO DETERMINE THAT THE PROPOSED DEVELOPMENT COULll MEET THE STANDARDS FOR CONDITIONAL USES ESTABLISHED BY THE ORDINANCE. Section 8.12 of the Ordinance r-equires the `Loniilg Committee 10 consider specific standards when it reviews a CUP application. including "the effect of such grant on the health, general welfare, safety, and econonlic prosperitv of flle county and of the immediate area in which such use would be located; includin� such considerations as the effect on . . . drainage features, erosion potential, ve�etative cover. �and� �he prevention and control of water polhrtion..." (emphasi s added) In addition to these CUP standards, sec. �4.251 of the Ol-dinance expressl} states: Construction, gradinb, cYcavating or similar acti�-ities �ti�hich result in drainage, runoff, erosion or the depositing of materials on to adjacent l�r�pcl-ties shall not be a11��-ed. These provisions clearly reflect the Cotinty's de�ermination that runoif from developments of this kind must be manage�cl in order to limit or eliininate damage to neighboring land and waters. In cases like this one, where an existing resort already exceeds the impervious surface caps, the Ordinance has dctailed requirements for subnzitting docuinentation of"pre-excavation conditions," "post-construction conditions," and "erosioi�/sedimentation co�itrol measures and diversior�/containment structz�res." See O[tvINANCE § 4.422(b). Without this information, the Com�nittee could not evaluate whether the pl-oposed development meets CUP standards or violates tl�e Ordinance prohibition oi� activities that result in runoff and erosion on adjaceni properties. As noted above, the Committee ��as repeatedly� told by the Applicant and/or his attorney that the CUP application "is just the first step." and that storm ��ater 7 ' ' manageinent is an issue for DNR. The Committee apparently accepted the Applicant's position that no erosion control or storm water management plan needed to be provided or was necessary far purposes of CUP review. See, e.,�, Transcript, September 17, 2004 Public Hearing, at 22 (statements of Kathy McCoy) (A-App. 12); October 15, 2004 Public Hearing, at 34 (statement of Jaines Bassett in response to Harold Treland) (A-App. 17); November 18, 2004 Public Hearing, at 72 (statement of Bruce Miller) (A-Ap�. 30). While it is true that DNR has some respollsibilitv under State law to issue permi�s for grading and stormwater management, t1�is does not relieve the Loning Coniinittee of its obligations under the Ordinance. See ��illow Creek R�ulch v. To��1 of Shelb��, 2000 WI 56. ��20-23, 235 Wis. 2d 409, 611 N.R'.2d 693 (2000) (zoning and DNR's regulatory p��e1-s "represent distinct po��crs that do not conflict��-ith eacl� other.'�l T11e T�1�TR's jw-isdiction does not encompass the enforccnzent of county zoning ordi�iances. "The Sawyer County Zoning Ordinance in sec. �4.281 ex�ressly l�lakes it the Comvr�ittee's obligation to ensure that the proposed development��i11 not have an adverse effect on adjacent properties. IIL THE ZONING COMMITTEE'S DECISION WAS ARB[T12AIZY ANll CAPRICIOUS AND REPRES�NTED ITS WILL AND NOT ITS JUDGMF,NT. The Zoning ComTnittee held a public hearing on the CUP apE�lication for the Swanson condominiuin project over a period of four montl�s in the fall anci winter of 2004. Tl�e hearing was adjourned several times d�ie to concerns of Commiitee members that the Applicant had failed to submit complete and accurate inf-ormation concerning the proposed developnlent. See,�, Transcript, Septeinber 17, 2004 Public H�arin�, ai 22- 23 (A-App. 12); November 18. 2004 I'ublic I fearing. at 67 (A-A}�p. 29). Conlinittee � e I • meinbers also expressed serious reservations concerning the potential for erosion and impacts on neighboring properties and lake water quality. See, e.�r., Transcript, October 15, 2004 Public Hearing, at 40 (stateinent of Jaules Bassett) (A-App. l 9); November 5, 2004 Site Inspection, at 56 (statement of Kathy McCoy) (A-App. 25); November 18, 2004 Public Hearing. at 74 (stateinents of James Bassett and Kathy McCoy) (A-App. 31). It is not difficul�to understand wl�v Cominittee members were concerned about the proposed development. The Applicant's property is steeply sloped toward the lake, alid the proposed condomiilium development is to be located at or neai-the crown of the hill facing the lake. The topographical site plan submitted as part of the application shows two areas marked"CB" (for "catell basin"), which the Applicant stated would collect the storm«�atei-runoff flo��ing east. See Site Plan (A-�1��p. 1): "1'ransci-i��t. November 5, 2004 Site Investieation, at 50-52 (A-App. 21-23). "Chese are not storage areas but instead simpl�� funnel fhe runoff through 15" pipes onto an adjacent pai-cel and then into the lake. Id. The development plan also includes a 20-foot wide blacl<topped entrance road that�vill direct ruiloff down the hill to the west, along and over Four Seasons Road. See Transcript, Noveinber 5, 2004 Site Inspection, at 50, 52 (stateinents of Robert Swanson) (A-App. 21. 23).4 The Applicant provided no method for control of erosion and sedimentation, except to vagucly state that he supposed he could consider some kind of vegetation management plan '`along the lines that the State comes up ��vith for their roads." See Transcript,November 5. 2004 Site Inspection, at 52 (A-App. 23). �The Applicant repeatedly misstates the direction of the runoff fi-om the proposed access road as flo�ving "east,"although this is shown on the site p(an as �Ilowing west,to�vard the Appellants' properties. A color copy of the sit�e plan referenced by the Applicant in these statements is contained in the original record and will be refierenced during oral argument to assist the members of tl�e Board i�� understanding lhe Applicant's comments during the sife inspection. q , � . Indeed, the Applicant is on record as stating that he "didn't think the drainage was a big issue." See Transcript, November 5, 2004 Site Investigation, at 53 (A-App. 24). At the final public hearing, having heard all of the above evidence, and witlrout any additional info��mation that would hal�e c�ddressec�members' expr�essed conce�°ns about runoff; the Cominittee somehow inustered a majority to approve the CUP. This unaccountable shift iu the Committee's opiiuoi� sllows that the issuance of the perinit represented the Committee's will and not its judgment. "Che Ci1Y was approved subject to 1 ive conditions, including '`DNR plan to include runoff to be contained within property-." The record of these proceedings, in which Committee members tirst expressed siguificant concern due to tl�e runoff issue but subsequently voted to apl�rove a CUP �ti�itl� a '`r�uicl<-fix" conditioi�. demonstrate the arbitrariness of thc Cominittee's action. The Zoninb Com�nittee's vote �o approve the CUP was arbitraty and capricious because the record provides no basis «hatsuever to ensure that it is possible to contain runoff on t�l�e property, given the characteristics of the sitc and the existi�lg drainage systenl. Tlle Cominittee's approval of the CUP was also arbitrary and capricious because it perinits an intensive land use tl�at the Appliccrn�admitted��ill cause adve��se effects ��n a�jacei�l propertie.s, in direct violation of sec. 4281 of�l�e Ordinance. 'I,he Cc�inmittee's condition that the Applicant`'contain�' �he runoff fails to reinedy tliis problen7, because that condifion cannot be fulfilled under the Applicant's proposed plan. The admitted drainage of stormwater runofl�onto neighboring properties is a direct ��iolation of the Ordinance. 10 CONCL tISION The Zoning Cominittee exceeded its authority under the Loning Ordinance by approving a CUP without requiring the Applicant to subinit the docnments required by sec. 4.422(2). The Committee's approval of a CUP without a complete application is legal error according to establisl�ed Wisconsin law. Without the infonnation called for�b5� the Ordinance, the Committee had no basis to deterinine whether the C;UP standards could be met, or whether the development would have a prohibitcd adverse effect on adjacent properties. The record also sho��s that the Committee's action was arbitrary and capricious because it approved the CUP with a condition that cannot be achieved, according to the Applicant's o�vn descriptions of how runoff will drain from the parcel. Tor tll�se reasons_ the Board should t-evet•sc thc detern�inaiion of tlle Zonii�� C'on�mittc� and i•evoking t11e CUP for the project. Dated: March 10. 2005. Respectfully subinitted, � WHEELL;R. VAN SICKLE & ANDERSON. S.C. ` ��-V�+'-� V"�„ �,'l�,/�_�--- Willian� P O'Connor Mary Beth Peranteau � 25 West Main Street. Suite 801 Madison, WI 53703 T: (608) 255-7277 F: (608) 255-6006 I ? If If . l l v 1 1 11�j 1 lJ 1 1 1 N lJ l' .0 1:I 1 N 1 !, tJ V 1 ►J ri Y V 1 1L 1 !, u v v 1 v 1 l r i ►.� v v i. L 1 THIS IS A PROPOSED PLAN FOR INFORMATIONAL PURPOSES ONLY BY MEMORY R ' � PREPARED LARRY T. NELSON RLS — 1276 � "VV 1.5' 1 ST FLOOR ' � OAp DITCH DRIVEWAY RLINE I 1 S 84048 00" E 96.70 � � 00 CABIN CABIN C/L FOUR SEASONS ROAD Z FD. 3" S.C.M. POWER POLE ' - P 2 ' I FD. SPIKE _o- fOG f CABIN I OF 6�COP CABIN _ PROPOSED O 110 — PROPOSED PAVE % MP DfC RAW Ir D K PARCEL Ace SH SEPTIC VEN4SEPTI( ELEC. PANEL ® ED ACOVER LODGE CB SAIRS PROPOSED - 120\ DECK 2 ADDITION _4'-l/ �MOTEL MOELNI TS CON LAB II LIMP NI 2 ��—WAR \ c o / �2' CAT 101 - - ---' �-- POD, W,qi ? ov UNE R PR P S D DRIVE q \ �I II \ Mp EASEMENT' O 90, - �q 0 PROPOSEP// 41, PARCE\L:-- B. - /0 \ 140 �, L �1/16 CQR. N 89°04'37" W PARCEL A AREA WITHIN 300' OF OHWM = 132,200f SQ. FT.t IMPERVIOUS SURFACE = 30,812 SQ. FT. — 23% OF TOTAL GROUND SURFACE AREA GREATER THAN 300' FROM OHWM = 18,400f SQ. FT.f IMPERVIOUS SURFACE = 140 SQ. FT. EXISTING IMPERVIOUS SURFACE = 0.8% OF TOTAL GROUND SURFACE TOTAL AREA = 150,600 SQ. FT.f, 13.46 AC.f — 140,000 SQ. FT. REQUIRED TOTAL IMPERVIOUS SURFACE = 29,800 SQ. FT. — 19% OF TOTAL GROUND SURFACE EXISTING TOTAL AREA PARCELS A AND B 429,193 SQ. FT.f - 19.85 AC.f SCALE: 1 INCH = 40 FEET 40 0 40 80 LEGEND I CLIENT. R. J. SWANSON ® FOUND MONUMENT, AS NOTED JOB: H04/041 SCALE: 1" = 40' DRAFTED BY- JRN WATER FLOW LINE 634.76 C. �7 PARCEL B m� TOTAL AREA = 232,127 SQ. FT.± EXCLUDING R/W, 5.33 AC f — 200,000 SQ. FT. REQUIRED PROPOSED IMPERVIOUS SURFACE EXCLUDING R/W — 21,052 SQ. FT. 16,169 SO. FT. FOR BUILDINGS 4,279 SQ. FT. FOR BLACKTOP 604 SQ. FT. CONCRETE SLAB PROPOSED IMPERVIOUS SURFACE = 09% OF TOTAL GROUND SURFACE MAX. IMPERVIOUS SURFACE = 611718 SQ. FT. TOTAL AREA OF R/W = 46,466 SQ. FT., 1.07 AC. A-App. 1 �F THE NORTH HEAR T FILE: T42NR9W/SEC33 SURVEYING OF HA YWARD, INC FILE: H00598 FILE: H04-041 10339 N. DUFFY ROAD PH: 715/634-2442 NB. S-146/PG.132 HAYWARD, WISCONSIN 5484J M. 715/634-6444 O E-MAIL: HONSURVE)7NG®YAHOO.COM can't even have this[the CUP],we are wasting your time and other people's time at this point.") Instead,the Committee and Mr.Swanson argue that the Committee's site visit and review of a topographic map were an adequate substitute for the documents mandated under the Ordinance. The Committee judges these as"obviously superior"to the documents specified under sec.4.422(2). (Zoning Committee Brief,at page 2.) Similarly,the Applicant appears to argue that the Committee's site visit"to view contours and grading"substituted for a part of the sec.4.422 documentation and that other requirements set forth in that section"can be met." (Swanson Brief,at page 4.) In effect,the Committee and the Applicant argue that the Committee possesses legal authoriry to"waive"or ignore express provisions of the Zoning Ordinance and to determine that a site visit or a wholly incomplete plan can substitute for the documentation mandated under the Ordinance. Neither has cited any legal authority for that remarkable assertion which is flat wrong as a matter of law. The Counry Board,not the Committee,has the exclusive power to adopt and amend ordinances. "The powers of a county as a body corporate can only be exercised by the board,or in pursuance of a resolution adopted or ordinance enacted by the board." Wis.Stat.§59.02(1). Sea 59.69 of the Wisconsin Statutes grants the power to adopt and amend a zoning ordinance exclusively to the County Board and sets specific,mandatory standards for the consideration of amendments. These procedures are not discretionary. Even"home rule units"like cities and villages are bound to follow the procedures established under the statutes when they amend a zoning ordinance. See Gloudeman v. Citv of St.Francis,143 Wis.2d 780,789,521 N.W.2d 165(Ct.App. 1988). � The County Board exercised this power when it enacted the Zoning Ordinance, including Sec. 4.422(2). Under the Ordinance, the Board granted the Committee the , power to grant a conditional use permits when certain standards are met. Where a site exceeds impermeable surface standards under the Ordinance, it allowed the Committee to grant a CUP when the Applicant supplied the documentation the Board deemed necessary. It did not delegate authority to the Committee to decide for itself whether something less than what it specified in Sea 4.422(2) would suffice. The Committee members may have believed that the site visit was an adequate or even superior substitute for the detailed plan mandated by the Board in the Ordinance. The members may have agreed with the Applicant that they do not have the necessary knowledge to understand the runoff and drainage issues involved in the development of this steep site. But questioning the wisdom of the County Board's mandate is no basis for the Committee to ignore the clear language of the Ordinance. Whether that is wise or not, it is the law that governs the Committee and the Board oY Adjustment. The County Board determined that a site plan under the circumstances presented here must include planned"erosion/sedimentation control measures," "diversion/ containment structures" and the other elements mandated under sec. 4.422(2). The Committee had no power to alter these requirements. Of course, the County Board could determine to amend sec. 4.422(2) to permit the Zoning Committee to determine what documeutation is necessary to evaluate nznoff management when it considers a CUP affecting a site like this one. The Board could wholly eliminate the impervious surface standards in the Ordinance. But the Board alone has the power to make these policy decisions. The Committee has no power to ignore the 3 clear requirements of the Ordinance as the Ordinance is its only authoriry to grant conditional use permits. Swanson's characterization of the CouR's ruling in Weber v. Saukville misses the point of that decision. The relevance of that case lies in the common requirements of the Sawyer County and Saukville Ordinance that specify required documentation pertaining to particular conditional use applications so these can be reviewed and addressed at the public hearing. The Saukville Ordinance specified that a restoration plan and other information be submitted as part of a CUP application for a quarry operation. The Sawyer Counry Ordinance mandates specific runoff control plans for development of sites that do not meet impervious surface standards. In both cases, the failure to provide the information deprived affected citizens oPa meaningful opportunity to evaluate the impact of the project on their property interests. By acting on the permit without the required documentation tmder sec. 4.422(2) of the Ordinance, neither the public nor the Committee had any basis to determine the adequacy of the proposed storm water control measures to meet the standards set by the Ordinance, including sec. 4?81 ("Construction, grading, excavating or siinilar activities which result in drainage, runoff, erosion or the depositing of materials on to adjacent properties shall not be allowed.") As the Wisconsin Supreme Court ruled in Saukville, 209 Wis. 2d at 237-338: We conclude that unless a zoning ordinance provides to the contrary, a court should measure the sufficiency of a conditional use application at the time that notice of the final public hearing is first given. Such a rule ensures that interested individuals will have a meaningful opportunity to express informed opinions at the public hearings. Indeed, a contrary rule would create a damaging incentive for a conditional use permit seeker to withhold all controversial information from its application a until during or after the public hearing. Such a perverse incentive would be diminished only slightly by requiring a complete application at the time of the public hearing, for even our ablest citizens would be hard pressed to digest and discuss in a single public hearing all of the debatable proposals in a given conditional use application. Requiring a complete application at the time that the last public hearing is noticed places no significant burden on conditional use applicants, and provides ample opportunity for interested citizens to inform themselves in preparation for the hearing. Because no erosion/sedimentation control plan was ever submitted, neither affected landowners nor the Committee could assess the impacts of the project on private lands or public waters. The Applicant also argues that the Committee should be able to ignore the Ordinance provisions regarding runoff from substandard sites because DNR also regulates various aspects of water pollution control. Even if DNR regulated the same activities and applied the same standards as those in the Ordinance (which it does not), this policy argument doesn't change the Ordinance. As he argued throu�hout the public hearing in this case, the Applicant is again simply urging — contrary to the express language of the Ordinance — that the Committee was empowered to grant the CUP before erosion control and water management control measures were planned. Given the evidence at the hearing (including the Applicant's own testimony) that water was expected to flow onto adjacent properties and that they "didn't think drainage was a big issue," the Committee had no reasonable basis to conclude that the Ordinance could be complied with simply by imposin� a condition that there be no water runoff. The documentation that was required under the Ordinance would have shown whether this is at all possible. Without that documentation, the Committee's decision was arbitrary and capricious. 5 CONCL USION Contrary to Mr. Swanson's assertion, the Appellants are not categorically opposed to condominium development on Nelson Lake. As the record reflects, had their concerns with the location of the access road and stormwater runoff been adequately addressed, they were prepared to withdraw their objection to the CUP. This appeal follows directly from the Applicant's refusal to supply mandatory documentation from which they and the Committee could evaluate whether the plan could adequately control runoff and come into compliance with the Ordinance. Neither the Committee nor the Applicant offer any legal authority supporting the Committee's decision to waive the Ordinance requirement that specific runoff documentation be submitted as part of a CUP application. The Committee's action was a clear error of law and must be reversed. Dated: April 6, 2005 Respectfully submitted, WHEELER, VAN SICKLE & ANDERSON, S.C. . � w�.�..� � .�, William P. O'Connor � Mary Beth Peranteau 25 West Main Street, Suite 801 Madison, WI 53703 T: (608) 255-7277 F: (608) 255-6006 6 * Office of - Sawyer County Zoning Administration P.O.Box 676 Hayward, Wisconsin 54843 (715)6348288 URL: savvyercountygov.org E-mail: zo�te.deputy@saw_yercounrygov.org I Cindy Yackley, Deputy Zoning Administrator for Sawyer County Wisconsin, do hereby certify as follows: The Sawyer County Zoning Committee held Public Hearings on September 17�', October 15�', November 5�`, November 18�', and December 17�`, 2004 in the Sawyer County Courthouse, 10610 Ma.in, Hayward, Wisconsin, to consider a request for a Conditional Use pernut for Robert J. Swanson. As Sawyer County Deputy Zoning Administrator and custodian of the records for the Sawyer County Zoning Committee, I certify as part of the return the following: (A) The item hereto and incorporated herein by reference, being a true transcribed copy of those proceedings, and said copy having been compared by me with the original taped proceedings and constituting the entire record of the Sawyer County Zoning Corrunittee concerning the request for a Conditional Use permit. All of which is respectfully submitted. Dated this 2"d day of February, 2005 Cindy Yac ey Deputy Zoning Administrator Sawyer County Wisconsin STATE OF WISCONSIN COUNTY OF SAWYER Personally came before me, this 2°d day of February, 2005 the above named Cindy Yackley Deputy Zoning Administrator for Sawyer County Known to be the person who executed the Foregoing instrument and acknowledge the same. ,,,, � `Q�,m� � �F,;t � � �, , ��.,, 4 m � �ti�..��. �� :�;.� 'b,,:.w. � � `�� e q.�_� � ��N��_ � /�� _iy^� � ,` o � � u I�athleen Taylor � �';e`�n','�� ' �=�� np,`� rTotary Public, Sawyer County Wisconsin `°�`;�``� ' � 0 � o,:R��``::;>�� `'°,�'� ��sv`�p;°�'``;:,i. My commission expires Apri130 2006 '�`��;,;;,��t��f ` ��'��y�'�`�� ,� WHEELER, VAN SICKLE & ANDERSON, 5.C. — : s' ,: � a Wisconsin Service Corporation ir � � "f y � � .1 ' s U� __;� ,,..� .� _ ,�s� �.`+JU�Y�L 1(,t�l�i t1(�AA�TiM"� ATTORNEYS AT LAW NILES BERMAN SUITE 801 JEFFREY L.LANDSMAN THOMAs 7.ZAREMBn* 25 WEST MAIN STREET OF COUNSEL STUART G.MONDSCHEIN+ COURT COMMISSIONER MADISON,WISCONSIN 53703-3398 CHAR[.ES S.v.aN SiCKLE WILLIAM PRAY 0'CONNOR NORMAN C.ANDGRSON DEN[S R.vOGEL�* TELEPHONE (608)255-7277� RHEA A.MYERS lANET L.KELLY FACSIMILE (608)255-6006 MARY BET'H PERANTEAU SARAH DAVIS EMAIL:wheeler@wheelerlaw.com CHAD R.GENDREAU FLOYD E.WHEELER (1905-1995) ' AISO ADMITTED 1N MICHIGAN "ALSO ADMI'ITED IN MINNESOTA t Certified Civil Trial Aduocate,National Board of Trial Advocacy January 13, 2005 VIA FEDERAL EXPRESS Sawyer County Zoning Board of Appeals c/o Ms. Cindy Yackley Sawyer County Deputy Zoning Administrator Sawyer County Courthouse 10610 Main, First Floor Hayward. WI 54843 RE: Appeal of Martha and Dennis Brauer and Gordon and Pauline Van Dunk from the December 17, 2004 Decision of the Sawyer County Zoning Coinmittee to Grant a Conditional Use Permit to Robert J. Swanson for the Construction of 5 Dup1eY Residential Dwellings Dear Ms. Yackley: Please find enclosed a Notice of Appeal from the County Zoning Committee's December 17, 2004 decision granting a Conditional Use Permit to Robert J. Swanson and our check in the amount $500.00 in payment of the fee for appeals to the Board of Adjustment from decisions of the Committee. The appeal is filed on behalf of our clients Gordon and Pauline Van Dunk and Martha and Dennis Brauer, who are the owners of property located at 15952VV and 1�980W Four Seasons Road, respectively. , Sawyer County Zoning Board of Appeals c/o Ms. Cindy Yackley January 13, 2005 Page 2 Thank you for your courtesy. Please provide a copy of the hearing notice and other materials relating this appeal to the undersigned at this address. Very truly yours, WHEELER, VAN SICKLE & ANDERSON, S.C. �v{�(,c,.a"�� . William P. O'Connar WPO/lac Enclosure cc: Martha and Dennis Brauer Pauline and Gordon Van Dunk Michael Dresen K:AWPO Clients�Brauer,MarthaAChris[man.01.12A�.doc APPEAL OF DECISION MADE BY THE SAWYER COUNTY ZONING COMMITTEE Date:January 13,2004 Appellant(s): Martha and Dennis Brauer;Pauline and Gordon Van Dunk Address: c/o Attornev William P.O'Connor 25 West Main Street,Suite 801 Madison,WI 53703 Telephone Na(608)2�5-7277 Property Description: Part of the NE NE of Sec.33,T 42 N,R 9 W(Town of Lenroot) Volume and Page No.of Deed: See CUP Application of Robert J.Swanson Acreage and Lot Size:Approximatelv 9 Acres(Rccord includes conflictine information) Zone District: RR-1 Present use of property: Resort Used so continuously since(date):Unknown The undersigned hereby requests a review of a decision made by the Sawyer County Zoning Committee at a public hearing held on(date): December 17.2004 Decision of the Committee: Granting a Conditional Use Permit to Robert J.Swanson for the construction of 5 duplex residential dwellings It is my opinion that the Committee(did/did not)keep within its jurisdiction when making its decision. [Justify your opinion.]Not Applicable It is my opinion that the Committee (did/did not) proceed on the correct theory of law when making its decision. [Justify your opinion.] See Attachment A It is my opinion that the Committee's decision (was/was not) arbitrary, oppressive, or unreasonable and represented its will not its judgment. [Justify your opinion.] �ee Attachment A It is my opinion that the evidence was such that the Committee (could/could not) have reasonably made the decision in question. [Justify your opinion]. See Attachment A \ ��.ac,.��t � ��t-�.Q.� Name and address of agent/legal __ [Appellant Signature(s)] counsel. � t' � __ � ;� ,� �� 1�6.�� William P. 0' Connor L,lheeler, Van Sickle & Anderson , S . C. 25 W. Main Street, Suite 801 Madison WI 53703 The above hereby make application for a review of a decision(s) made by the Sawyer County Zoning Committee. The above certify that the listed information and intentions are true and correct. The above person(s) hereby give permission for access to the property for on-site inspections. It is my opinion that thc Coxiunittee(did/did not)proceed on khe correct theory of law when making its dacision.[Justify your opituon.] SPe Attachment A It is my opinion that the Committee's decision(was/was not)arbitrary,oppzessive,or unrcasonable attd represented its will not its judgment. [Justify your opinion.] ____ See Attachment A It is my opinion that the evidauce was such that the Committee(could/could not)have reasonably made the decision in question.[Justify youc opinion]. See Attachment A Narae and address of agent/1ega1 A p llant signature(s)J � counsel. � William P. 0'Connor � �'T'�� ' _ Wheeler, VanSickle & Anderson, S.C. The above hereby make 25 W. P9ain Street, Suite 801 applicatioxi for a review of a decision(s)made by the �C��dison, WI 53703 Sawyer County Zoning Committee.The above certify that the listed information and intentions are true azid con�ect. The above person(s)hereby give permission for access to the property for on-site inspections. ATTACHMENT A TO THE APPEAL OF MARTHA AND DENNIS BRAUER AND PAULINE AND GORDON VAN DUNK FROM THE DECISION OF THE SAWYER COUNTY ZONING COMMITTEE TO GR.ANT A CONDITIONAL USE PERMIT TO ROBERT J. SWANSON AFFECTING LANDS IN THE NE OF THE NE, SEC. 33, T 42 N, R 9 W (TOWN OF LENROOT) This is an appeal from the December 17, 2004 decision of the Zoning Committee to grant a Conditional Use Permit to Robert J. Swanson affecting property in the RR-1 (Residential/ Recreational) Zone for the construction of 5 duplex dwellings on property in Section 33, Town of Lenroot. The Appellants are aggrieved by the Zoning Committee's decision as owners of adjacent and nearby land within the RR-1 Zoning District on Nelson Lake. Specifically, the Appellants allege that: 1 . The Zoning Committee proceeded on an incorrect theory of la�v by granting a conditional use permit affecting a parcel of land that was not established in accordance with the Sawyer County Subdivision Control Ordinance, did not meet requirements of the Sawyer County Zoning Ordinance Code and the Wisconsin Statutes (specifically including impervious surface standards, dimensional setbacks, limitations on the expansion of legal nonconforming uses and requirements for shoreline vegetative protection plans and practices) and was based in part on consideration of evidence that was not timely filed. 2. The proceedings in which the Zoning Committee approved the CUP application were not in compliance with the procedural requirements of the Zoning Committee Rules and Bylaws and the Zoning Ordinance. 3. The decision of the Zoning Committee was arbitrary and capricious and represented the Committee's will and not its judgment. Among other things, this is evidenced by the pattern of Committee votes on motions to approve or deny the application and the Committee's imposition of the permit condition relating to the management of runoff water that is inconsistent with the evidence in the record and impossible to achieve. 4. The evidence was not sufficient to support the Committee's determination to grant the CUP because it did not include adequate information to permit the Committee to evaluate the consistency of the proposed CUP with the County's standards, including the anticipated volume and consequences of runoff�vater from the site. APPELLANTS RESERVE THE RIGHT TO RAISE ADDITIONAL GROUNDS FOR THE APPEAL AFTER THE RECORD OF THE COMMITTEE'S ACTION HAS BEEN COMPILED AND REVIEWED. ," f-?Cc;t.•'_." ". . �z �1,.. Wednesday,November 10, 2004 NOV 1 5� �� r T0: Sawyer County Zoning Committee � �AT10N FROM: Michael D. Dresen Agent for Four Seasons Road property owners: Derek and Michelle Axel Dennis and Martha Brauer David and Rebecca Lindberg Bruce and Barbara Norgaard �- Douglas and Ann Stuhr Gordon and Pauline Van Dunk SUBJECT: Application for a conditional use permit by Robett J. Swanson to allow condominium development in the NE1/4,NE1/4,S 33,in the Town of lenroot,Sawyer County Committee members, The property owners that I represent recognize the right of this owner to develop his property provided their property7ights and public interests in a heaithy environment are also recognized.This balancing of interests is,after all,a primary objective of the Sawyer County Zoning Ordinance.While the project as proposed does not qualify for the required conditional use permit,some design and location modifications can make it aCceptable. SITE LIMITATIONS This location and topography of this site are significant limitations on development. As a practical matter only a portipn of the site is suitable for development and ihe access to the site proposed is over steep slopes. 1. Proximity to sensitive water resources Construction is proposed to take place just beyond 300 feet from Lake Nelson. Waterways are sensitive to the nutrients and sediments transported by runoff during construction and post construction.These effects are cumulative throughout a watershed but they are especialiy prono�nced in shoreland areas. Specific impacts and their causes are well described in water resources management research, websites and literature. 2. No interveninq shoreline buffer The area between the site and the lake is e�ctensively developed as Four Seasons Resort and offers no significant opportunity for stormwater management,erosion control or other naturai shoreline buffer functions. 3. Development options limited The portion of the site that is the most level and suitable for development is partially occupied by an electric power line and its easement and by a large sanitary drain fieid serving the resort. 1 _. .,...,,.. , 4i' , • . . . �. � ��_ . , ��F�� ' 4, A stes� sit�., � . 4 : . � The port+on of�tY�e s�te proposed far rc�adway and ct�+'�dominium deveic�pm+ent and .w . z:�ss�±�af��a�!`�ti��rt�ance is ve�y steep. The site rises some 43 feet from tt� eleva � �> ; �eascrns Rpad. Grades aFe 54R�o immediatety_to ihe scauth af the resqrt motel units �nd 30� just ta the nar#h ofi proposed utiits fi, 7 and 8. The fir�sE�ed rnad grade (hetween road elevatians 145 and 1�12 on -tt�e; p�o�ect map} exceeds the 17 °k staridatcf far town rQads adopt�d by the Tc�wn a# �.enroot. 5. Limited opPortufif#ies #or sto�mwater or er�sian �ontrW � : The steep tQpagraphy provides virtually na oppat�unity ;#or stormwater infiltration or detentian that wottld al}ow sediments #a settfe::aut br v�rat�c tti:�erGotate to groundr�va#er. 6. lmpervious surfaces and �oil compactian will-�c�rearse runa#f. ;; The propa��d aec�ss roadway and parking are�s: 8re esp+�c��ll� prpbiematic because they wi14 �ance�trate and funnet runaff across:and,down �he s{ope �award other properties and the take. Imperviaus surfaces (such as roofs, decks, paved areas and areas compacted:�ry canst�uctic�n or tandscaping �ct�rritEss) wi#1 increasja pc�st canstrucEioci re,r�o�f v�1�ci�ieS: $�asic�� and �loar�i�g: ,Lo�ations on �he;siie ar between the site and the lake do not provide adequ�te storm water infiltr�tlon �r d�tention: th� �evelopmer�t site itself is tao steep, raad d"rtches are necessarily shatiow beC�use of sieep �+djacent topog►�phy, culverts cro�sir�g �our seasons Roa4 are cottapsed a# both ends and rnany areas nc�rth of �our SeaScros-Roa�! :are either already dev+�t>ped or are wetlands th�t are s�t+urated and have rw water storag� capacity (especially during spr�ng tt�a�v a�d:#�fl rai�s w:hen:most rEmoff-wcrutd tae expected3. �tiese �nrett�nds disch�rge dir�ctty ta the kalce. . . AUTliE��i1TY AN1� E�BLfGA�T#UNS �F T`t°i� �UN1PJCa COMM�TTEE ., . . . ; Fram•disc�s"sian� ;&t the hearing on I�au�mber: 6`"s it appears that some 2oning< Cammittee members may feei compelled to grar�t this=co�ndit�ona�t .use.pecmit �eeause the prc�perty awner cauid ptherwise avad any Significant proje�t review by sir►iply piatting individual tots by certifiet� survey, The provisions .o� the Sawyer , Ccwr�ty Subdiuision-GarrtrQt £)rdinanc�.ar�d, Se�tivn 4.�7 bati� altow a�d compel t�e Con�r»"rttee:to,r�view .such eerttfisd: s�nr�ys #o assure �hax iands a�re suitabie .#ar their int�nded use partict�larly with r�spect �to ;prttjeef imp��#s:ari,neiqhbvrs and , stormwa�ter manag�emer�t. The pertinent ssctians of tho�e.ardinances are pr�vided belowr wtth>relsvant provisivns t��nderlined.- _ , . . By Sec�scm 2:4 ar�cf �. 1 of th� Sawyer Caur�ty S,ubdiuisian.Ca►�tral Ordinance all . divi�ic�ns of tan� are subject _to }�rouisiQr)s qf �ectian :2.8 regarding tand suitabitity, frx prapc�seci �fevelapm�t:: The st�n�iards are s#milar�ta those fo� approval of- . , canditio►�at use permits in the g�:nerat ardinance. �'t�e prtip�rsec� lartd �tivision.r�#at�ed _ to this project does not meet triese siandards for reasan� outlin�d below . Under tt�►e county`s gen�ra! zar��ng ortfinance, revi�>nr of impacts an neighi�ring properties and adequacy o# statmwat�+r drainage faci�+ti�s �s requ�red.-T#�e Z�ning Cvmmittee must affirmativeiy find that these standards have been met in order, to � gr�nt the .��questetl �cinditionat us� permit. The Committee m�y nc�t grant ihe; pexmit and then r�ty on an uncterstaf#ed RNR to addr�ss concerns of-the Sarwyer _ Cour�ty Ordinan�e. _ � � Sawyer County Subdivision Convo/Oidinance 2.4 Every division of land within the unincorporated areas of Sawyer County shafl be subject to the provisions af this ordinance and Chapter 236 of the Wisconsin Statutes. 2.5 Al/divisions of land subjeci to this ordinance sha/l also be in conformity wiih the County Zoning Ordinance, County Private Sewage System Ordinance and any officia!map ordinances in effect in the County. 2.8 Land which is deemed unsuitable foi any propased deve%pment by the County Zoning Commitiee for re�ason of flooding, inadequate drainage, adverse soi/or rock formation, severe erosion potenlia/, unfavoiable topography, inadequate water suppty or sewage disposal capabilities or any other featUre likely to be harmfu/to the health, safety, or welfare of ihe future tesidcnts of the proposed subdivision or of the community shal/not be subdivided. ln applying for the provisions of this section, the County Zoning Committee shall rn writing recite the particular facts upon which it bases its conclusion that the proposed devetopment is unsuitable and affoid the subdivider an opportunity to present evidence regarding such suitabi/ity if he so desires at a pub/ic hearing as provided in this ordinance. Thereafter thQ County Zoniny Committee may affirm, modify, or withd�aw its determination of unsuitability. 3. 1 Any proposed lot division where lots are cre�ted but in insu�cient numbers to require submission of a plat under�he requirements of the ordinanCe sha/I comp/y with Sections 59.692 (31; 281.31 (2J; 281.31 (81; and 236.45 of the Wisconsin Statutes, Chapters AE 5 and Comm 85 of the �sconsin Administrative Codes, and the Sawyer County Private Sewage System Ordinance;shall be approved by the County Zoning Committee in accordance with the procedure fo�submitting subdivisions excepf that no contour map and no Siate agency review is required 3.2 fi those instances where the proposed division or creation is located eithes wholly or partial/y within the Shoreland Protection One District or tire floodp/ain district, the Zoning Committee shall require a Certified 5urvey Map be recorded in the office of the Register of Deeds of the County: A Certified Survey Map may a/so be required where the proposed division might resu/t in boundary problems or disputes, such as divisions of land witiiin 1 %z miles of incorpaated cities and villages. Genera/Oidinance -4.47 Land Division Review The County shall review all land divisions pursuant to Section 236;45, Wisconsin Statutes and the Sawyer County Subdivision Control prdinance. ln such review, the fo!lowing factas shaU be considered: ' 2) Property relationship to adjoining areas, . 41 Adequate staim drainage facilities. STANDARDS NOT MET The provisions of the Sawyer County Zoning Ordinance and Subdivision Control Ordinance argue against granting #his conditional use permit as proposed: �.2 Rr-7: Residentia//Recreativna/One District This district is intended to provide for residential deve%pment and essential rec�eation oriented services in areas of high recreational value where soil conditions and other physical features will support such development without depleting or destroying natural resou�ces. Multi-unit condominium development is a conditional use in this RR-1 zoning district. It is not permitted as a matter of right but only at the discretion of the 3 � t zon�ng committee where the permit appticant demanstrates by credible evidence that district object'rves and specific ordi�ance stand�rds witi be�cimplied witfi: The ` ordinance�autions ag�inst dev�iapm�nt in areas where it would deplete or destroy natura!resourees. �+Iearby shorefine t5tiaffers ai-e no�t ati�s�uate to rrti#fgate pro�ect irripacts and steep topography at'�tft� ptoject site iimits mea'sures•thafi might ` ` oth�rwise controi`impacts of con�t�ructit�n a�►ct development. The �pplicant t�as failed ta address these �oncerns adeguateiy and has not met his burden of proof. � 4.281 Adverse Effects On Ap�scent Propeniea Constructian, g�ading, excayating or sirnitar aCtiviti�s whi�h resu/t in drai�tayt, runoff, erosio� vr the depositing c►f matarir�fs On tv adjecerrt prop�rfies sha�l nc�t be allowed. . , �� . The stesp s#��es at it� site virt�t�ll.y_assure tl�t the proposesi deiretnpment wil! result in f�nadir�g� erusion and deposition-of sed�ment on ad}acent properties. The applicant has not submitted erosior��.oMroi.or stc�rmwater managerx�ent plans or cont�sur�r�aps suffiCienf f�r the �crmmi�tt�e to �let�rt►►�ine #hat this sta�tdard wiH_�e- .. met. Later DNR review of siormwater managemen# issues wil! noi #ocus or► �dverse _ ._ impac�ts to'adjacent propsrties but on pubtic iriterests in navigat�Ca�rvaters. t"n � . additi�n, budget and siaff reductions at DiVR wilt necassarily timit the scope and .` � deptfi of rts review. . � 8 i2 Basts OfAppra�ral Ltf Cond'ntio��lse P�'mits : The Caunty Zoning Committiee shall cansider the effect of such granr on:ttre he+alti►, geiieraf welfare,.sef,�fy, and economic prosperity of ihe caunt�r and Qf tihe irrmae,d�ate area in whiCh such use would be located;.including su.ch cansiderations as the effect on established character and"quarty of the atea, its.physiCef�ttractiaeness, exiStin9 tpP�'r�phY, draina_ae. features, erasion�otential, vegetative craver, the pr�vetttian�,�nd contrpt of wate�r po/ltrfion, rhe/ocation rvith nespect.to floudplai�rs ar�d floodways, �e mavement ef tra�c, and ttre �elationsbip m existing or propvsed�oads, thedemand.for,related services,;the poss�ble � hazardous, ha�mful, noxiaus, offensive, o�nuisance effeCt resu/bng frviri nvise, dus� smoke, ndor, and other factors. Generat prc�uisions.of�he S�w�rer Gs�unty Zoning flrdinanse provide standards for . judging a�plications for conditianaf use:�termits, Again,the�Aplicant has nat submitted infarmation sufficient far the zoning cammittes to dete�mine that these standards have k�een met. He has nai met his burd�n af praaf. Pfans by quatifie.d prc�fessios�ats to contra] nmoff and er�sion may not #� necess�rjt:wfiere a siY$ is relativeiy ftat and far from takes, streams and ather sensitive resources. Bui Qn this site st�ep slopes and close proximity to Nelson Lake make water }�atlution and damage to neighbaring proparties likely as a resuit of the projeai.`Maps and pians by quati�fied`ptofessionals-are esser�fi�t for the �onir�g Cor�amittee t� d$termine that the site is suited to i#s intended use: Tfie obvious qusstions inclt�de: 1. Now much additional runoff witl be generated 6y�onstru�tit�n flf iri�pe�vious surf�ces (rbofis, roadways and the like),�sait compaction by construction equiprrient and devegetation? _ . 2. Where can rthis runoff be stored cir mfiil#rated on the site to prevent erosion, ftaoding ot neighbors and damege io roadways� 4 , 3. Why are road surfaces apparently not included in computation of imp�rvious surface limits? 4. Why is the roadway grade computed over the entire length of the roadway (7%) rather than as a maximum grade for all segments of the roadway that reflects practical and legal limitations (11 °k+)? 5. What prevents location of condo units in the more level southwestern portion ofi the parcel where project impacts can be controfle�? When the Committee has answers to these questions from qualified professionals, I believe you will find that the roadway and other construction proposed on slopes so near the lake are not compatible with public interests or those of neighbors. Fortunately there are atternatives (described later). CONSEQUENCES FOR THE EXISTING RESORT County land use decisions related to this project have consequences for the existing resort. They should be well thought out so as not to jeopardize the nonconforming status and continuing function of the resort. , Nonconforminq status of resort may be forfeit The existing resort at.�he end of Fouc Seasons Road is anonco►lforming useJocated in a.residential zoning district. The proposed replat of the lot on which it is IoGated .,;_ together with the proposed change in use for a portion of the property from resort to condominium development may forfeit the nonconforming status of the resort. The law regarding permitted modifications to nonconforming uses and structures is quite complicated and I suggest that you confer with county corporation counsel regarding this issue. In addition, a replat that adjusts the boundaries of the 1ot on which the resort is located must not result in violation of ordinance standards (lot area, water frontage and other dimensions; side and rear yard setbacks; impervious surface or lot coverage standards, etc.). Calculations show that the 15% impervious surface standard of the ordinance will be violated [4.414(2)(al1�. Rezoning the parcel to a district that allows resort use would nat remedy this, � problem since it would constitute illegal spot zoning (single or small parcel zoning map amendment solely for the benefit of the property owner and out of character with adjacent uses and public planning?. Proposed additional motel units Proposed additional motel units shown on the project map would further violate the impervious surface standard for the new parcel containing the existing resort. The resort is:not"grandfathered in" with respect to impervious surface standards _ because of the change in status due to the proposed replat and additional motel units. 5 �. 4.25(1J Addi "bons tv existing structures and;the cvnstrucSon of accessory buildings when a principal stiuctu�e exists on the premises maY,be permitted by permit piovided al/other . requirementsr reguJations, and setbacks can be met. , 4.419(2) - Waterfror�t properties without an intact shore�ne veget�tive proiecrion area. The appGcation for a land use permit vvill require a Mitigation P/an and implementation Schedu/e to be approved by the Zoning Departmenf prior io the issuance of the Iand use permit. The construction of additional motel units would afso trigger miiigation requirements of the ordinance. ALTERNATIVE DEVELOPMENT PLAN � The zoning committee may either deny autright or conditionaliy approve this apptication. If you choose ta approve the apptication, the following Conditions 1in botd,printl should be imposed to protect property rights of neighbors and puplic �, . � , inte�ests in a heaithy`environment: ` 1, Construction on s(opes No roadway or other constructkm or additional vegetation removaE may take place on slopes waterward of the bluff line except for the stairway and sewer tine to the ` existin� resort'indicated on the project plan dated 1QJ12/04. The bluff line shail be determined by the Sawyer County 2oning 0ff�c� and recorded on the plat map for th� parcel. ` , , Avoiding roadway and other construction on steep slop�s at the`site w�tl resolve most concerns�about emsion' �nd floorlirtg. The'deve{oper should ap{iroach 5awyer County regarding access by �asement through county ownetl iands"to the south ofi the site. The County may regard this as an opportunity to demonstrate support for '' economic development as weli as environmental quality. Other countiss have granted such easements in exchange for monetary consideratior� or land trades` (trade a 5trip of owner's taiid adjacent to county-owned land for the easement�: 2. Relo�ate and�limit condaminium`nnits , ` ` ` ` � Condominium units are limited'td four one=story t�uildings'with eight units and'a ` totaf footprint nat exceeding 8000 square feet. The units shal! be located landward of the tiluff �ine. � - The cando sites should be maved`to th'e southwestern portinn of the parce! ta mare levef topography. Power (i�es can be moved further sauth as we1t: 7'fie more level topography wil! atlaw on-site storm water infiltration and tletention ancJ any overftow can be conducted away from the lake to forested county owned (ands and ponds to the south. . 3. Back(ot water access Qn affid�vit sfiall be filed with the deeds to the condominium units�statir�g rtfiat'no ripari�n interest or lake access is conveyed. The Sawyer�ounty 2oning Office'shail be pravided with proof of filing of the affidavits. f 6 The Sawyer County ordinance(4.412)restricts deeded or other"contracted"water access by backlots. In view of the relationship of the condominium units to the existing resort,it is reasonable for the permit to address this issue. MY QUALIFICATIONS It is customary for a consultant to describe the expertise and experience that make his testimony convincing. I'll be brief. • My undergraduate education was at the University of Wisconsin Madison with postgraduate work at the University of Wisconsin Stevens Point in conservation,biology and related science,public policy and law. • As Water Management Specialist and statewide Shoreland Management Program Director for the Wisconsin Department of Natural Resources I have been trained in project impact evaluation and have evaluated many dozens of similar projects. • As Lake Management Specialist for University of Wisconsin EMension and founding Director of the Center for Land Use Education at the College of Natural Resources,University of Wisconsin Stevens Point i have provided education and authored numerous articles and publications related to water resources management,public policy and land use law administration for federal,state and local agencies and the general public. • 1 have advised the Wisconsin legislature regarding water resource issues and shoreland management and currently serve on a committee charged with revision of state shoreland management rules. Thank you for considering the concerns of the nearby property owners that will be affected by this proposal and for your efforts to protect the waters and other natural resources of Sawyer County that are so vital to its continued prosperity. Best regards, /IGiCI�(J. L/4¢Q.GL 7 State of Wisconsin 1 DEPARTMENT OF NATURAL RESOURCES 101 S.Webster St. Jim Doyle,Governor Box 7921 Scott Hassett,Secretary Madison,Wisconsin 53707-7921 WISCONSIN Telephone 608-266-2621 DEPL OF NATURAL RESOURCES FAX 608•2673579 TTY 608-267-6897 Shoreland Development Density and Impervious Surfaces How do they affect water resources? How much is too much for our lakes and streams? Introduction When a landowner develops a waterfront lot,many changes may take place including the addition of driveways,houses,decks,garages,sheds,piers,rafts a�d othec structures,wells,septic systems,lawns, sa�dy beaches and more.Ma�y of these changes resiilt in the compaction of soil and the removal of trees and nativc pl�nts,as well as the addition of impervious(hard)surfaces,nll of which altcr the path that precipitation takes to the water. Each of these alteratio�s decreases the ability of the shoreland area to serve its natural functio�s cemoval of trees and native plants climinates the food and shelter on which wildlife depends,natural bcauty is replaced with manmade materials,water cannor soak into the ground thereby increasing stormwater runoff that carries fertilizers,pesticidcs and other pollutants to the fakes and strcams.If 50%of a lot is convertcd to impervious surfaces,half of this lot is�o longer capable of filtering rainwater or providing the food and shelrer on which wildlife depends. Changing o�e waterfront lot in this fashion may not result in a measurable change in thc qu2lity of the lake or stream.The cumulative effects,however,can be enormous.These changes are framed by issues such as stewardship of the resource,the rights of the public,and land owners'rights—both of thosc developing]and and thosc whose land is being affected by this development' Shoreland development has increased dramatically. The influence that such changes have on water quality might appear relatively insigniFcant when it occurs on o�e lot on a large lake,but a�examination of recent trends suggests that shoreline developme�t is increasing both in numbers and intensity.From]960 to 1995,the number of dwellines alon�235 northem Wisconsin lakes i�creased an average of 216 percent"At the same timc,people are building bigger homes but lot sizes are not increased propoRionaLly.If present development cates persist,all undeveloped lakes not in public ow�ership could be developed by 2020."' Shoreland lmpacts are cumulative. Io[he past,we could stcess our aquatic systems without secing a noticeabLe ch2nge in the quality of the water resouroe.But"cumulative"effccts,such as the same stress applicd later in time to an already stressed system can have a much larger impact This is like a boxer who can take a punch in round 1 and stilL be standing,but when hit with the same punch i�rou�d 15 is knocked out The cumularive effect of all thc previous pu�ches reduces the resilie�cy of the boxer. In one Wiscousin srudy,a 10%reductio�in the area covered with lakes and wedands resulted in about 10%greater flood flows and erosion when the watershed started out with 40%lake a�d wetland area.When the same l0%reduction was applied to a watershed that started out with only 10%of its area containing lake and wetlands,flood flows and erosion increased by 2�0[0 500%."Thus,a system's response to stress depends on what condition the sys[em is i�to begin with.These effects are cumulative,and how systems responded to the stresses of our ancestors may not give us a good indication of how they will respond as we and our descendants stress them° www.dnr.state.wi.us Quality Natural Resources Management � www.wisconsin.gov Through Exce/lent Customer Service l Town of Lenroot • County of Sawyer �;3 �J f;_JS-��''�'�i�1- c 3 �`, -, !E� `__ August 4, 2004 - . ._- . �`n�'iidF:'..,_. .-- ""..v��::��+.«m�-:�YeL'.'�',Tt SUBJECT: Conditional Use Application TO: Sawyer County Zoning Administration P.O.Box 676 Haywazd,Wisconsin 54843-0668 Qwner: Robert J.Swanson Address: 15480W Reiske Road,Hayward,WI 54843 Property Description:Part of the NE'/<,NE'/s,S 33,T 42N,R 9W;Parcels 1.10 and 1.12 Volume&Page Number ofDeed&CSM: Volume 812 Records page 30;Volume 624 Records page 243,CSM Volume 2 page 1�,and CSM Volume 3 page 81. Acreage and Lot Size: 927 acres total Property is zoned:Residential/Recreational One Permit is desired for:the consVuction of 5 primary structures containing 10 condo units total,on existing resort property(Four Seasons Resort). Not with lake access. By Action of the Town Board,use is �Agproved ()Tabled () Denied PublicHearing: September 17, 2004 9:00 AM , Ronald Pop e, hairman Abstain Roger Hoff,Supervisor Agent:Jazold J.Welter �� 15925W FourSeasons Road Jack S stro Su rvisor Haywazd,WI 54&i3 Roger Hoff 13090N Dam Road Haywa�d,WI 54&l3 r � � t i Dear Board Members: Your Town Boazd decision is an integal part of the decision making process for the Sawyer County Zoning Committee. The Zoning Committee would like your cooperation in stating the reasons or comments why you approved, denied, or tabled the request. Re: Robert J. Swanson Dated this�of�P/1�,c14:1/ 20� ��/..f O). //lC�P.t Lois Miller, Clerk � G1 � � �� G � f�y X� (�' � � pl w w �_ SC�.l+1�1�.�!![f�, — W I � W - - ' �� / ' � �, � � � I � � s �. /� ` �6 ��' � � � �o _ �. � � � � ' �r... 1 � �--'� (�' 15 , o / � - - - --� 30 3,, '�,, `�.,?' o 0 � 'c�'� a� -�. — � � �� r� BE9-d 20a/l00 d BLB-1 S20928951t1+ '�11'�uiiaeuieu3 ,teg uoiawentey�_waij wdZZ:Z� SOOl-9Bd-Ol ' 10-Feb-2005 11 :39am From-ChequameQon Bay EnQineerina,LLC, +17156816025 T-878 P.002/002 F-634 � �� \ _ �_ _ + r— -- — �.. ^ .�. �i - - - � �. � � — � � I M � �u�vk'zrano �, � / � , � �n�,�y f.o �� , Lvo,,�. I / , o I, - ,�-- �� / 1 � � / , •� , � �"'-`-�' / / � � � � I ; � , � Q / �� . � � a �� .. a � a / � - � - _ � �Lj� �� --�� ; � � , '� � i = �\, � ��r d � � ; �� i � � 1I � i , _ , `i � i ! �� i� — V i �iv �iYL i�vriv ur Lr,rvxuu'i', SAWYER COUNTY, WISCONSIN /�T� _Fou2��Rso�v� �� LS�N L ._ ..—___. _._. - W �J�� . I s.Qo p, a�, rl S 84'48'00" E, 96J0' l�{��,f��f � � c/�� 'o� vaen v«c � fR ,Q,�, . a' s.c.lA. swnc o ; . SPIKE .p_ � /� I l �� /��/ � I �r�� `l � O � ,,,e I �r. t� � •,� s�n � o� � � � � ^�jl ` ^"� MOIFL �� (f I ^� LJ � 3�0 , � . i . I _�l ��o�, Q A � I � °�` N w�T "' I � r I 3 �: c �'I N �1I O �;.� � O �C---�- --M �------ — POWERUNE ----�--�n�0. 0 p � �� !/ // // (n Z / CSM 7187 � f � -f i / _ ' ' / / i o,p� ti !p NEA/YfA'' iHEAdR7}I 9/RVEYAGQ''HAYWARR� - 4 . 0' �/�s COR. N 89'04'37" W SCALE: 1 INCH = 100 FEET FD. 2-1/2' B.C. 100' 0 100' 200' LECEND a.�►r• sw��a�/M�F a�. HEART OF THE NORTH �w��,�aT,�,�� „�,ios ��.,� ei.ev�irays,vr��or.u. sr,�cc• i•- roo• as�c.• SURVEY�UG OF HAYWARD, INC. atE•a/i/oa rue nname.nxc Ne.s-r�s/rc.i.� Fl�•raa_ai raxis N vu�r ma�o (�u)s.;r-aks sn�cr�or a rurw,ueo, �n. s�au-esz� r�x:s.H-sHs 0 1� II �= _ _ Q�p L A.t��'i� =_/33, G /b' .�q ��' E,�lst�yG �,r�sfi��z��7+sop ' oo � _- SG :� ', " �L�� t,v � o of' /n�rn�v��us.s��z �. 19,2 9'0 1� �� — r��c, 7`qL ARkA = Z9S� 058 S�_��_ , � � ---___----__---___--- 3 O, d d c�__-- - ' ��' � o�-' ��t;��.� SY� � /�. TMT_. ,� �� ,/,, ,� / �,• � �{.... .as ��y 7` .:. „l� d � � _ � _ . ', .�-- �' lyl____�--.��..�.:s�_� ----- --.... 1_._...__- . .__..... --�- ^ ^ FouR SEASONJ � � ��, ' oo Ro�7o N. �n k r y1 b n � ,h °0 SC.�LE /" _ /oo FE£T b � O IRON STi1KE /N PLACE m IRoN PifE PLACEO -�--.� oWER L NE � W h z• �� qcRES a Z y 1ti �ti 9� 9� N.89'ol'W. /l7.Si' . . 89•o/'ML 2'BRASS � Z 2 0' . C.4P P.o.d s.c.coRNe.e � """�•. /�E. oF KE. /�� 7 `� ..`-.,�C01y°jo'. ��/� �� ` � �.� SJ��i SECT/oN33 ` l'ROBERT A 'a 42-9 �� .,�.� Ll�•. �o'��' v �'"`�e°" C ' �, d sur�e�••• �,�.,,�-- ,e. �,�-� ,3 _ 9- 74 Paga 1 ot 2 pagec b :�erMed �� M b( � -.,� .� .1 � S�florz � �o�N�\GS�N s�9. � W yF•e � � N ' ii � � e z' �za��Q-�'. o ��\\\ , LAKE � o` - " J�"so�' _ � � - - - � -- -- � ; 9� I `M�oNRy ' �_ I wA�c ' I 2 ' I 1$ � � I � � r �� ^� �N •�� 0� Z� IN I PART OF � I NE V4 NEI/4 I � S33T42NR9W � � � � I � � s,, om I 1 `�a, s°j° i 1 RON POST6, WOOD N 89 Oi�W - - - - - "'� 2'6RAS5 GAP L PllE �OUND POST I�OUND LEGEND S,E. CORNlR • IRON POST �'JX30' ■ ' ' 2'JE?4" MEP.NDER LINE SCALE i 0' S0' �OO' 200' � 300' 4ffidavit: I� tdrard E. Gobler, a ragiatered Ieao Surveyor, S OOSrI• of Viseomin, dp her•by certif�; that I heve surveyed and ma�ped, t-1s pareel of land nnd tae lot to ue 'xcepted therxYrom, Sa the !E; of tLe NSj. aection J7 Rovnahip 42 $orth rnn(e 9 Yest, loeeted on 11eLon Iake, in 9eryar Couaty !n the State of Miseonsia. Tnat i msae •am curvey end maP �`r �e dix'ectloa of ¢�ShO=lao��• o"aer of es3d 7end. snd tne sbove� fs a �O1 srerked re�er�tedlof 202931�N°re feet� T1at'IoDaveid� origiasl Dropert5 � fully :�plisd rritn Ctyipter 236.94 of We Miecon� Statutee and tn.� Zoniay e1r.i:�tk - retloz of Savper Cavnty. �� { Iiu¢st 3oth, 1q/2 )�� eyare Sml J O��Yd Sa`w7�=.�L. . i � �� Sectlon 33-4z-9-ffit �2 Shcet 2 of 2 Origiasl Deei: 'PlfaL part of the North Faat queeLer of the IorW eesL quarter of sectloa (j3) tamnia 42 anrth raoge 9 vest, moze partlCu3arly deacriCet e� follmn; BegiminG eL Lhe southeast eoruer of a�id forty; taeaca ruaning veat, along tna swta line oY said forty a dicimmce of �3' feet to a atate, tnence rurning narth, parsllel 40 :he eeet =1ae of aeid f�ty, a distaoca of 636' feet to a stake; theme ruming H 11�00� E, n dictance oY 193' feei, mora or lese, Lo a �Calce on tne ahore line of YeLon Idce, aleo Jmovn aa ToCogntice 7lowge, thence runaing southea�terly alocg tAe snore oY aaid ]ake, a dleLaoce oi 452.§: more or leaa, to tae ea�t liae of said forty: tIIenee runniag awtn, alangtae east line of said forty: a dlatance oP 6'((' Yeet to tne polnt of oeginning. �ctuel DFFaD� A part of Lne $C} �} of �eetlon {33) YomMip (42) aorte rau�e (9) reat. more particulnsly deacrioed ae followa; Beginning at a 2" braas cap, lron pipe, tne eouth enst eoraer of the ]IXj ffi}; Lheace running varistion H 89°O1� Y a diatnace of 4j'J.20� to a¢ iron eteke: tnence runeing verisYion n o°33' Y a dietmce of 614' feet to ea Sron �take; theace conEinuing sems variatioa a dletance of20' fcet to an iron eteke: tneace =onning veii$tion a o°33' Y a diatance oY 20' feat Lo sa iron stete; taence zu¢z:ing vnrlatloa Y 11 00' E) a diataace oi 163' to en �ron state o¢ s meander line; tnence continuxng sama �arSetion e dlsteace of 30' feet to an lron ftake on the.ahore llae of IIelaoa Ieke; taeace comvencing at Lhe iron �talce on tne 1(eaader Line and runnin� variatlon 5 �°00' % a diatance of 100' Yeet Lo aa iror. sceke; tnence runai� varietion S 60°22' Z) along said meenrler line a disteace of 363•S� teeL Lo aad lroa atakn on tae eest line of Ene 1�}i!E}; a.dieteaee 67.1$' fePt to tIIe ehore liae; tneace running varietioa S 0°O/' Y froo the iroa aLake on tne meancer line, a dietence or 6oz.35' to tr.e poiat of beginning;the aoutn easY corner of tae HLj EE=. Sub�ect to euch reservations ttat appear on record. Tats lot eont�Sns tne lend frm tte vater line Lo tne meandcr liae und he� 35$� of frontage. Exceptian tc abooa aeed a lot of 20,2y3 S. l, descriDed ae follor�; CocmeaCiag at tne 9outn F.aet corner oY tne �Z 11Ej of �ectlon 33 tomahip +:2 aortn razge 9 +Kst, a braes eap on a Lwo inctl iroa pipe, tnence nuuil� variation aorth y9°O1' Y a i.iatance of 43'/.20' feet to an iron stake; taence rursiag vttrlatioa a o°33' Y a disLeace of 61k� feet to tne polnLOY begin-•=1n6; Tnence continul� same varlatioa a dlotance of 2U'feeE to nn iron atake: tnence tunn:og �azlatlon B 11°u0� E s dlstance of 16)� teet to en iror �teke oa a mr.ander lim; thenc�: continuing same varlaiion e dietaace of 3U' YFet to��an Sron eca:e oatne aaore liae nf Helaon take; tnenca runaing varlation S ?9°UO' E e discaece of 100' teet :�� slong tne moeader line to an Iron stalce; 2U' from tae eLoze line of Helson Iake; taence runaing on �. �arletioa o£ S 11°00' Y from cne iton �Ldce on the neeadar line a dlatance 1/2.95� feet. to an iroc atelce; Lneace nnnaiug verlsLloa aartn 84�48' Y a dletance of 96rro' feet to an iron tne poiat oY beginai�. SuD�ect Lo euch reser�atione ae appear on record. Tnie lot me a fronte�e of 101' feet a��d includee tne lmd from tne Mnter 11ne Lotne menndrr 11¢e as leSd wt. DraYted and vrlttea by FAvard E. Gohler, RegistFre' lsnd eiu^,eyor SW527, eugust 31. 19'!2 �,. D L. oDler Approve�i thli �}_ day of duGuet (1'�913• by L(n�e Zon1Lg AdmSalatratlon I�'G.l.Ll4Y �pC.ti�v _ 141510 .,.,.....„�,. s�....�:«�,� j ' / i�9�1a�E IQ toad 9��sN �y ��II U�a�eabQ �m�W e�aL 6�� µ' \ ti �� ____�� ..3 � .�. � . .G'� «9('}� 1 � �;f�'t�i� fS�^�'('a� v :? ),!. . � � , �� • a � 4 �..� '11f� ! 1��) . t/�1'� • {�� I t.1 '\; \ K�(�f �(�i Lr`.{ � , '.. � IJ J .�.I�� l } . / ��' ,": { � � �+ � ' YKF' � � t �� ,�. , � .� , . j•s f r,�.h1 �� ,;� •�1 �'f•'�;�� y'k� � � � i � .` ,,, ,,: ,ar .� , U � ., r.,.� t �i.;- � � �,i�. A�� ,,. . f' �1 A�. � { } Y �T� ,� '� �, � :�'h '�K "•� � � �}� � , i,. �, �� ' r �i;X".;t � , : . . . .�{'3y�� (..�li��,�� {. � . .�r . � � Z IJ� �.. � 1♦. l. �1� � I , 7: , � f, t� > ( �.�. 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I � �. l . �a . �a, � - - -- �� f� fi�� .1 " Sk�Jn_cz. 4u�t 1 �1� � e `��►t1Q , _ � ; � 8 �� _ l .$ ;';! lS a�{ old 1�4�c.�� .we ��i ''�� r Sc�v� ��CZ1��___4`i �:��:. �;; �: J 5 �t;; r��.c2� L � �e,nn�s 1.. . P�m�l�,�.� /�s�7� 307 F; '�� P. O x � I; �� ,;� ! .lv f� �p��ac�n ��I��R Z_ t I I �`i ��9C.00 c� �cx.�,R. ��v�r�c�..r�_ - �,� i�! ��i c �n r�, (��F t��f3 __ t � ;; �;� ) .9 �;� �� - o_ �___�� r��x_—��3LJ 3aa E'I �-t ysa C�t v _ �il�{oime�n , � �� 5y(n� co "i ; L l o :��e� s �ilr�so� � �a I � o � I a .�; i�-C� € � � . l3 I� �a ' (3��ch-�D -7��i.-��7 a I 33 4 1 s ��79 �s` I��cc� � � �_�� nd�e�n�. � ��.�-�7 _ �; � Sa�-�-P� E3 yCa�9 C�.�d�e-� ��v - � �c�.��C� , V 11�1 SS�o�-`� -- ___ __ s�� • !, —_ � . I: ,:. i; . �!I . ' .;t�� . I�I '� �� I;I� � :E::� I:i I�� ---�"{—_��y, a Q ��r,c'O n� I ;� -�'i � . � ' ' �ni r ��e � n�pr P [�.xeoD 7osla�o ,; � I�; 4��0 7�r�i,�Ci [��e I�� ,, �''�o��e.,�cn� � �S�ta a ;� C.p .�4 ii;�c�u_�ij_�4n«n crl �f a5 / y[o L�_�—i�; � Za t�a�r��r�-�c� . � ;;;, Y`(�2ha.r�� . Tx -7S'l�Zn i�;� 7. � i�� -�P �� a � �� '��, �;� ,I ��. ; � , , � �� . �i;, ; �!I � �� ; �,� � : �' - ;�, ;;; �; ; � �� ,: __. ; � _ �. --- �� ,; ; ; _�y�R Cp��, Office of � � Sawyer County Zoning Administration �y,` .:.�� P.O.Boz676 ��e e� Haywazd, Wisconsin 54843 �I�Z �� Tel:(715)634-8288 ��ScoNS� Fax:(715)638-3271 ��••� URL:hrip://www.sasvyemoanty8w.org E-mail:mninS•�@.�a7�lY8w.org Totl Frce:CauAhouseJGenaal Infoimation Apri121, 2005 1-gT1699�110 Attorney wlliam P. O' Connor Wheeler, Van Sickle& Andersoq S.C. 25 West Main Street, Suite 801 Madisoq WI 53703-3398 Attomey Ivfichael A Kelsey P.O. Box 718 Hayward, WI 54843 Attomey Clifford E. Stoner 10637 Haywazd Court Haywazd, WI 54843 Attorney Thomas J. Duffy P.O. Box 839 Haywazd, WI 54843 Re: PubGc Hearing Notice Gentlemen: This letter is to advise you that Robert J. Swanson — Four Seasons Resort/Motel Conditional Use Permit has been placed on the Public Aearing agenda before the Sawyer County Zoning Committee on May 27, 2005, under New Business. This Public Hearing will be held at the Sawyer County Courthouse, 10610 Main, Haywazd, Wisconsin at 1:00 PM. The purpose is for clarification on the conditions established by the Zoning Committee at a Public Hearing held on December 17, 2004. Sincerely, � Cind�� Deputy Zoning Administrator cky: Copies: Zoning Committee Members �;•,, Thomas J. Duffy r': Sa er Count Cor oration Counsel i� `, wY Y P � :�, : ''�, 10594 Main, P.O. Box 839 Hayward, Wisconsin Telephone (715) 634-6470 Facsimile (715) 634-5661 E-mail: tjduffy@cheqnet.net February 3, 2005 Attorney William P. O'Connor Wheeler, Van Sickle & Anderson, S.C. 25 West Main St., Suite 801 Madison, WI 53703-3398 Attorney Michael A. Kelsey PO Box 718 Hayward, WI 54843 Attorney Clifford E. Stoner 10637 Hayward Court Hayward, WI 54843 RE: Sawyer County Zoning/ Brauer/ Van Dunk/ Swanson T /1 .l UC�LI UCIILICIRCII: As a follow-up to my January 28, 2005 letter, the board of appeals will extend each of the briefing dates by two weeks. The revised schedule is as follows: Attorney O'Connor's brief shall be submitted by March ll, 2005; Attorneys Kelsey & Stoner's briefs shall be submitted by March 25, 2005; The respondent's rebuttal brief shall be submitted by Apri18, 2005. Also, please be advised that the board of appeals will not hear new facts at this hearing. This is the time set for oral arguments by the parties. The appellants will be given one half hour to make their arguments and the appellees from the zoning committee and Swanson & Hoff shall share one half hour. Anyone from the audience not a party to this action shall be given no more than five minutes each. Each side will then be given an additional five minutes to respond to audience commences. As always, the Board reserves the right to increase these times if they feel the need. If there should be any questions, please advise. Very tra�3�-�c`i�rs, � ,, �; , Thomas J. Duffy TJD:smb cc: Mr. William Christman, Zoning Administrator ' O�ce of Sawyer County Zoning Administration `"`\`1 P.O.Box 676 _y�R co�� Hayward,Wisconsin 54843 �y1 `�I� (7i5�34-8268 Q �� FAX(715)638-3277 �H �<� www.sawyercountygov.org �o� o� E-maiL zonin�sec a�snwercountv¢ov.ore ��Ll, -c:r `�� ToIlFreeCounhouse/Generallnformationl-877-699�110 ��jSCoN`'� �� December 28,2004 Robert J.Swanson 15480W Reiske Road Hayward WI 54843 Dear Mr.Swanson: On December 17, 2004, the Sawyer County Zoning Committee approved with conditions your application for a conditional use on the following described real estate to wit: Part of the NEY4 NEY<, S 33, T 42N, R 9W, Parcels .1.10 and .1.12. Vol 812 Records Page 30,Vol 624 Page 243; CSM Vol 2 Page 147 and Vol 3 Page 81. 9.27 acres total.Property is zoned ResidentiaURecreational One.Permit is desired for the construction of five(5)primary structures containing 10 condo units total, on existing resort property,with no lake access.(Four Seasons Resort) The Sawyer County Zoning Committee approved the application as follows: contingent upon DNR permits obtained,no deeded access to lake,divided by CSM as per last map, subject to review of ZA,DNR permits not based on less than 1 acre lots (dealt with 1 large lot),DNR plan to include runoff to be contained within property. Findings of Fact:It would be compatible with sunoundin�uses and the area. The approval of the conditional use will expire on December 17,2005,if application for the actual permit to use/construct is not made by that date. Any person or persons jointly aggrieved by the decision of the Zoning Committee may commence an action with the Sawyer County Board of Appeals to review the decision in whole or in part,within thirty(30)days after the filing of the decision in the office of the Committee. Yours truly, Cindy K.Yackley Deputy Zoning Administrator CKY:kt y i� ♦ 6� � �E 0�40f . �..� . ��. Sawyer County Zoning Administration P.O.Hox 676 Hayward, Wisconsin 54843 (715)6348288� August 4, 2004 Robert J. Swanson 15480W Reiske Road Hayward, WI 54843 Re: Part of the NE '/s NE '/., S 33, T 42N, R 9W; Pazcels 1.10 and 1.12 Dear Mr. Swanson; Your appfication for a Conditional Use will be considered at a Public Hearing before the Sawyer County Zoning Committee on September 17, 2004 This Hearing will begin at 9:00 A.M. in the Sawyer County Courthouse, 10610 Main Street, Hayward, Wisconsin. It is recommended that either you or a representative be present at the Hearing. A lack of information about the application may result in unnecessary delay of a decision. Failure to appear may also result in the denial-of the;application. If it is impossible for a representative to be present, please submit a written statement in care of this office directed to James Bassett, the Chairman of the Zoning Coaunittee. This statement should include your proposed intentions, the purpose of the request, and a description of the general tenain and sunou�ding development. Photographs of_the property and surrounding azea is encouraged land uses_ Indicate how the proposed use would not be contrary to the public interest, et cetera. Your application will come before the Town Board for their review. Please contact the Town Clerk, Lois Miller, 634-5902 to obtain the time and confirm the date of the Town Board meeting for your attendance or the attendance of your agent. Copy: Roger Hoff Jarold J. Welter 302324 STATEa,��Fw,��M��,.,�.,�8 WARRANTYDEED �1°W�°�K° }SS oowm..wrmmm �r«��r +� ,.�b,.��. I a ,.,,m This Deed.made be�wern Vioh Ki�.aa adalt woman �D m�' °i ' 'cM' ��.1 Ni01K'CIEM�tl'If�. a�s�°w`�'Z�— p.ewK brenta.ena Robert J.Swamo�,en ad�X m�e aM�Y Grenrm. Graninr,tor a valuabk wns�dcrrtiati conveys end warten6 to Grantce the followi�deuribed r¢al cs�te in Sa�vyer Counry.Stete of WivnnxinlThe"PmnMv"): Rcwdi� Arta J Nvnc aM Rctwn adGrtss That parl of tlre Northeas[QuarleroftYe NoRheert Quarter(NE'/.NE'/.), Hayvard Lakes Realty,Inc. Section TTirty-three(7]�Towns6ip Forty-tao(42)Nort4 Raoge Nine(9) P.O. Boa 247 Wesf,norc partieulady dncribed in Val�me Throe(3)of Certifi¢d Survey Aayvard, WI 54843 M�ps,p�ge 87-82,Sorvey Na 487. +n��l� 0�4413-J3-tllo 1fVY� p�11EmUfi�yronNombcl�'1 Suc g0 Thaisnot homesteedpmpeny. �.i:��• �E (siq(is�wq To5ether wilh fl1I appurtenant righb,title aM inleres�. Grmlor wanuin th#the�itk�o Ihe P�opem'is good,i�defruible in fce simple and(rce and clear ofencumbranca exrept al!eacements,exceptiau,end rtservations ofremrd Dandtha 9[h �yaq Augus[ ]002 ✓ • Violo Kin , AUfHENTIGTION ACKNOWLEDCMEM S'fp7'GOF pieconsin l Sigiulu¢�s) � Sawyei Counry. Personallycmbeto¢methis 9th dnuf r+hcmicauJ�hiz dny ot August 2002 tM xbore nemcd — — Vbla Kint 7lTLE:MEMBPR STA7L•BAR OF W]SCONSIN to me lrown to be tl�e penon(s)wAo e�utty(t omg (Irna inswmc��uuur��/a))/�J mow`leJg�e�/ry�s G•. �°9�.� �Whariaed hy Q 706.06.W's.Shts.) i�9��%�l�J �C/_�� l� `Y • TN6M5TRUMFMWpSDRAFIEDdY Rathleea N. �1 ez� AtfuneY llomu W.DntH HryN�N.WI 5/843 Ndary H�blk.StTw( s o �;> ISipiLuea mry bc�utlk.T�icamp a ack`awlcdg..d.Bo�A arc�ro� My Commission is pmmomCC� A ��,� Se tembec 22 /'•��., CJ r •Wm Mpc�wn aG�mL in mY��ib�hould bc hV��r MticJ 6dw�hcisNuo M�tlMMY�� fTwl[Y110tMO(�IAlll �Op 11�1-If0 IYIQNATWI�0.WFAqf.�lSM1OHl'(ONp W IAC�WIpO1S).Ail VOL 812 PG 3 0~ Will the cumulative impact of many homeowners making such changes to their shorelands degrade water quality, eliminate, fragment or degrade habitat for fish and wildlife, and increase erosion and the potential for flooding? Likewise, could the cumulative impact of many buildings close together, near the water with minimal screening degrade the natural scenic beauty of the shoreline? To explore these questions, a review of the hydrology, water quality, fish and wildlife habitat and shoreline aesthetic studies relevant to shoreland deveIopment are summarized here. State shoreland management standards In the mid 1960's when the current Figure 1 . Current NR 11� standards minimum standards for county shoreland zoning ordinances were first adopted in '"' 35� ---;�y � � Chapter NR 115, there was clear recognition euFFea �' ,� � ' , � - �' 75� that development density (lot size ' - - — twusE r requirements) had a significant effect on the �i�o;nls�y,ft �; `�;2o,000sq_iG r; Ba�K � ��ubilc Sewer) (No P�blio 5ev_��: shoreland management objectives. _ -� ., Specifically, Chapter NR ll 5 requires lots � '" � � `"' ' � �. served by public sanitary sewers to have a � � `N ' minimum average width of 65 feet and a �, . .., � minimum area of 10,000 square feet. Lots � '� � ; � . �'� ��:�� ;� � _ � � with a septic system must have a minimum 65 feet �� :L' average width of 100 feet and a minimum � � � � � ' � � �� , �` � � area of 20,000 square feet. The current rule 1�0 fP'� does not include a minimum statewide standard for impervious surfaces to address the increased runoff and pollutant transport. This is not surprising because at the time this rule was adopted regulations focused on controlling point sources of pollution. Since the mid-1990s many Wisconsin counties have significantly revised their shoreland ordinances, choosing larger lot sizes and impervious surface caps. Limiting the density and intensity of shoreland development can safeguard our lakes and streams. Specifically the statute authorizing shoreland zoning [s. 281 .31(1), Wis. Stats.] requires that: ". . . (t)he parrposes of the regulations shall be to fi�rther the maintenance of safe and healthful conditions; prevent and control water pollzrtion; protect spawning grot�nds,fish and aquatic life; control building sites, placement of structure and land uses and reserve shore cover and natural beautv. " The remainder of this document will Figure 2. look in more detail at how development Runoff from a 1 �� Rainstorm density and impervious surfaces affect s0000 , - the hydrology, water quality, wildlife � habitat and the natural beauty of zs000 � Wisconsin's shorelands. w ' � 20000 �i-- — Hydrology: Where do rain and � � o , s o 0 0 ------ --- - - snow go? � j � ; ° ,0000 -' ' The simple answer is "it runs downhill." c� �I i How much water is involved? On s000 i' ; average in Wisconsin, we receive ' � approximately 30-34 inches of ° 1 acre meadow 1 acre paved area Schueler, T. 1994. The [mportance of Imperviousness. Watershed Protection Techniques, 1(3): 100-1 l l . precipitation a year.�'Of this amount, 18 to 25 inches evaporate or are transpired, and the remaining 7-13 inches either run off to surface waters or infiltrate into the ground.""During a one-inch storm 27,152 gallons of water fall on one acre of land,enough to fill three and one-half rooms that are 10'x10'x10'. An important question for the health of lakes and streams is how much of the precipitation flows over the land surface directly to lakes and streams and how much filters into the ground and is either stored as groundwater or slowly makes its way back into rivers. An unintended result of development is that impervious surfaces cause more water to run off the landscape and less to infiltrate to groundwater. For instance, a parking lot produces 16 times more runoff(on B soils: those with moderate infiltration rates of 0.15-0.30 in/hr when thoroughly wetted)than a meadow of the same size for the same storm event.""' Figure 3 shows the average percentage of imperviousness for different land uses and lot sizes. Typically the percentage of impervious cover is higher for smaller lots. Additionally, industrial, commercial and retail uses have much higher percentages of impervious cover than residential development. Natural shoreland fi�nctions are lost when impervious surfaces are added. Table 1 provides a comparison of the amount of runoff from two forks of the Pheasant Branch watershed near Madison. After the South Fork was converted to commercially developed land with 31%connected impervious surface, the amount of Figure 3. runoff was 690%that of the North Fork that is agricultural land with little Average Percentage of Impervious Cover impervious surface. In this situation, the by Land Use runoff increased by over seven inches a ioo , - - - - year while groundwater recharge 95 decreased by nearly three inches per 80 i-- - �— '' � year.'` As a result of the high erosion so ' 65 75 rates, the City of Middleton has spent j � over$2.3 million in the last 25 years in 40 ' t 38 an attempt to protect bridges and sewer 2o f---- 25 30-- — lines from erosion.x 0 � �Z zo a� � c ��ya ��y.a �e�.a �ey.a �e�.a ��.a aJy�� a �c�z G�� G�e G�e G�e G�e G�e � O�� c G Table 1. Average annual water budget ,La ,,a �\�a ^\,�a �b,a �\�a o �QQ for two portions of the Pheasant Branch � watei'Shed(budget nOt balariCed beC3use Chart adapted from Ferguson,B. K. 1998.lntroduction to Stor»nvater: of change in groundwater storage)"� Concept,Purpose,Design.New York:John Wiley&Sons. North Fork South Fork Agricultural land with little Commercially developed land impervious surface with 31% connected � im ervious surface Preci itation 35.0 inches ' 35.0 Runoff overland flow) 1.2 8.3 Groundwater rechar e 8.8 6.0 Eva otrans iration 24.6 20.5 The effects of different land cover types on nutrient delivery is discussed further under the phosphorus section. 3 � Figure 4. Figure 4 illustrates research findings --- —-- — -----__ _----____ -- — that runoff increases as the Percentage of precipitation as runoff v. percentage of the watershed that is percentage of watershed that is impervious �, impervious increases. This runoff data was derived from 44 small L 100 — catchment areas across the country o � 80 ' for EPA's Nationwide Urban Runoff �� gp — — _ y Program.x" 'a E 40 � o o� 20 � o � � 0 20 40 60 80 100 %of watershed that is impervious Schueler,T. 1987. Controlling Ur6an Rzrnoff. A practical�1�1anc�al for Planning und Designing L'rban Best Management Practices. Metropolitan Washington Council of Governments. Washington,D.C. The quantiry and yt�aliry of tivater that infiltrates or rains off also depends on season, topography, plant cover, land use and soil rype. Intense rainstorms produce more runoff than slow, steady rains. Steep slopes have more runoff than flatter lands. Urban areas have more runoff than forests, fields and pasturelands. Rock and clay soils have more runoff than organic soils or sands."" As shown in Table 2,groundwater provides a large portion of the water in the Waupaca River that drains an area of thick sandy deposits. This is in contrast to the Big Eau Pleine River near Stratford that drains an area with thin clay over relatively impermeable rock and receives a significant portion of its flow from runoff.c" Table 2. Comparison of stream flow from different types of draina e areas River Wau aca River Bi Eau Pleine Drainage area characteristics Sandy deposits Thin clay over relatively im ermeable rock Flow during dry periods from 0.5-1.0 0—0.2 roundwater* Annual flow* =groundwater 0.78 0.75 + runoff *cubic ft per second per square mile of drainage area Holt, 1965. Geology and Water Resources of Portage Counry,Wisconsin, U.S.G.S. W'ater-Supply Paper 1796,p. 17 When runoff increases,this water bypasses the natural water filter provided by soil, microbial action and vegetation and carries additional sediment, nutrients and other materials in its path directly to surface waters. This increased transport of materials from land to water can be a substantial source of nutrient and sediment loading. Do the effects depend on where the impervious surfaces are located? Yes! Not surprisingly impervious surfaces closer to the water have a greater impact because there is less opportunity for the runoff from these areas to soak into the ground or be filtered before reaching the lake or stream. The findings from a study of 47 watersheds in southeastern Wisconsin indicated that 1 acre of 4 impervious surface within 100 meters (�330 feet) of the stream had a negative effect on fish populations and diversity equivalent to 10 acres of impervious surface more than 100 meters from the stream.`" Lawns have limited natural shoreland fi�nctions. Figure 5. Lawns often comprise the Soii Com paction largest fraction of land area W1tI11II lOW-C{ellSlty TeS1C�E11t1S1 Decreasing pore space increasing runoff development and often have - similarities with impervious 120 , 106 surfaces. Although lawns are 100 � 94 85 80 pervious,they have sharply ' 7� 80= different properties than the Cubic inches per forests and farmlands they pound of soil 6p ! replaee in terms of compacted �� 40� �� soils, greater runoff and much higher input of fertilizers and 20 i ,; , � ;r . . . pesticides.x"' Ftgure 5 shows 0��- — �_�._.._,._,�,.. �_______ .��_,.__...._____,.� that a pound of soil in a lawn FOfeS�s°�' PaSfufe c��a�ed u�ea� n�n�e�� soil soil lawns fields has 24% less volume than forest Schuzkr.\l'��tzrsheJ Pro:ez'.ion Tzchniyues.j('_ti(�I-665 soil and 15% less volume than - - pasture soils. The decreased volume of the lawn soil reflects decreased pore space and ability to infiltrate water, resulting in increasing i-unoff. Ctilti��ated soils and those in lawns are more similar due to disturbance and compaction. Blades of turf grass are flat and easily flattened durin�a runoff event whereas native grasses and forbs typically have round, square or triangular stems that stay upright to slo�v runoff velocity and filter it during a storm. The effects of lawns on water quality and wildlife habitat are discussed belo�v. lmpervious surfaces change the flow, size and shape of�strea�ns. With increased areas of impervious surface and Fi�ure 6. Stream flow graph compacted soil, a greater fraction of annual rainfall is converted to surface runof£ " 'J"''`'""�- Under these conditions, streams become `flashy', meaning runoff occurs more quickly, peak flows become larger, and � critical dry season flows � decrease because less ,� groundwater recharge is available,x"" as shown in Figure �� k"` 6. Schueler,T. 1987. Controlling Urban Runoff�A Practica!Manual for Planning and Designing Urban Best Managerr�ent Practices. Metropolitan Washington Council of Governments. Washington, D.C. 5 Increased runoff and stream flashiness result in physical changes to the stream including: • wider and/or deeper stream channels,`""' (Figure 7) Figure 7. Stream channel enlargement • increasingly unstable Caraco, D. 2000.The Dynamics of Urban Stream Channel streambanks, Enlargement. Watershed Protection Techniques. 3(3):729-734 • loss of large woody cover, and ,o_ i • a sim ler and more uniform : I : ; I ' p 9 - - ___ _1--- habitat structure with reduced ! ; H=sto��v=ross-5.��<<o�a�'T pool depths, loss of riffles, a'`�1�� , ,��ea 30'h� � �, � ` �� --�- � - fewer meanders, and rocky E ; � ��_o' � � � � .� _ ! _ � � ^ bottoms filled in with �� - � :P. XI[ C 5�_____. - sediment � - ," _ .A a u W3 ""__._. ' .:.. ..._..___. .—._.r__--'"__—_— z— - ---� —� ------ t''Jf'2ft!� OSS-SCCh0�3�� -- When site conditions change to , =_'� �� ,«_�o a r�� _ _ _ -- _— —-- increase the amount of runoff, the - _ a - __--- -- _ .- --- —- -- velocity of flow can also increase. 0 5 �o �5 zo z5 30 35 <o Impervious surfaces, COITl�J3CteC1 SO11S, Cross Section Stations(tt)-Looking Downstream and reduced vegetation density all can reduce the roughness of the land surface which accelerates runoff velocity and concentrates flow. These changes increase the energy available for erosion of sediment and transport of nutrients. For instance, the runoff velocity from a parking lot is four times greater than from a meadow during a two-year storm."" Water quality Along with the increased erosive power of stormwater runoff that accompanies increased impervious surfaces, come more pollutants that are washed from developed waterfront properties and surrounding areas into the adjacent lakes and streams. Pollutants frequently found in stormwater runoff include: sediment, nutrients,metals,hydrocarbons, bacteria and pathogens, organic carbon, pesticides and deicers."" This summary will focus on sediment, nutrients and temperature. Table 3 provides further information about the impacts of various water pollutants. 6 Table 3. Surface water pollutants Pollutant Source in Nature Role in Natural Source in Role of Excess Ecosystem Developed Areas Pollutant Sediment Banks of Maintain stream Construction sites; Abrade fish gills; meandering profile and energy eroding banks carry excess channels and gradient; store nutrients and shorelines nutrients chemicals; block sunlight; cover gravel(spawning) & bottom habitats Organic Decomposing Store nutrients Car oil; herbicides; Deprive water of Compounds organic matter pesticides; oxygen by fertilizers decomposition Nutrients Native soils& Support ecosystems Organic Unbalance decomposing Sustain plant base compounds; organic ecosystems; organic matter of food chain litter; fertilizers; produce algae transported by food waste; sewage blooms&aquatic natural runoff rates plant excess; deprive water of oxygen by decomposition Trace Metals Mineral weathering Support ecosystcros Cars; construction Reduce resistance materials; coal to disease; reduce burning power reproductive plants; capacity; alter anthropogenic behavior; chronic & chemieals acute toxicity depending on concentration Chloride vlineral weathering Support ecosystems Pavement deicing Sterilize soil and salts, water softener reduce biotic salt growth Bacteria Native animals Natural Waste handling Cause risk of decomposition& areas; domestic & disease to humans nutrient cycling agricultural animals & wildlife Oil Decomposing Store nutrients Cars,paving Deoxygenate water organic matter Modified from Ferguson,B. K. 1998. Introduction to Stormwnter: Concept, Purpose, Design,New York: John Wiley&Sons, [nc. Sediment loading increases during construction anc�when impervious surfaces are increased. Sediment buries plant and animal habitat critical to healthy streams, lakes and wetlands. Sediment can cover aquatic insects and mussels, warm streams, decrease flow capacity, increase flooding, transport other pollutants that bind to sediment particles, and decrease light penetration to bottom-d�r�elling plants,""" Sediment sources in developed watersheds include stream bank erosion; erosion from exposed soils,such as from construction sites; and sediment washed off impervious areas."""' The unit area pollutant load delivered by stormwater runoff to receiving water increases in direct proportion to the coverage of a watershed by impervious surfaces.""'" Sediment loads from two small construction sites—one residential 7 and one commercial—found sediment loads were 10 times larger than typical loads from rural and urban land uses in Wisconsin.""" A long-term study of Wisconsin lakes found the greatest sediment and nutrient loading during construction periods. A study of lakebed sediment Figure 8. Round Lake sediment core results cores spanning the last 150 ye1IS flOril fOUT W15COriS1II a�� , ,. �t�ns� .� ��a;oms D.atoms ^r;a;ams � 181C0S llOtBC�t111t lllltlal SBd�mentdt:on :iear-wa.e: hr,het 3lan�;or�c development resulted in zg� ��`''�`'�''"' .► ____ . small but significant impacts ; � 1ggp Greatest on the lake's nutrient status. � �� development The construction period, '�6° � ! whether during the early 1g�0 � �� develo ment hase or - _-- � Ea�� p p t92o �`�deveicpn,ent during later home »ao !` • improvement, caused the ,sao � � i� greatest increase in sediment �aeo ; �� and nutrient inputs. In the z last half of the twentieth '8�° � � century the expansion or ��0 a � repiacement of cottages with �8�� much larger homes has had ' °G2 °,�'0_°5 0 + e e .n o a-� c_s o s� o :s �o� r, � . tfle IaT'geSt llrip3Ct Ori 311 Of _ Pcrcentagc of Tet;�t D aloms the lakes. The sediment Accumulation Rate delivery was higher and the Garrison, Paul J. and Robert S. Wakeman. 2000. Use of Paleolimnolo�y to nutrient input was also Document the Effects of Lake Shoreland Development on Water Quality. elevated Compa[ed wtth the ,/oiirnal of Paleolimnology,24(4);369-393, initial construction period (�1920). As cottages were converted to year-round homes or upgraded for seasonal use, more land was disturbed in order to enlarge the dwellings as �vell as add additional structures such as garages. In many cases, lots were suburbanized which removed much of the native vegetation and replaced it with mowed lawns."c"' Figure 7 illustrates the results of this study for Round Lake in Chippewa County.Namely, during the 1920s when cottages were built, and during the 1970s and 80s when the cottages were expanded or replaced with larger homes, increases were seen in sedimentation,soil erosion, phosphorus deposition, and diatoms(algae)that survive in higher phosphorus water and float on the surface (planktonic), while algae species that survive in clear water decreased.X"�" Phos�horus is the key nutrient for most Wisconsin lakes. In more than 80% of Wisconsin's lakes, phosphorus is the key nutrient affecting the amount of algae and aquatic plant(weed) growth. Phosphorus originates from a variety of sources including: human and animal wastes, soil erosion, detergents, septic systems and runoff from farmland or lawns.x`""'The amount of in-lake phosphorus is the result of phosphorus loading to the lake as well as internal recycling from the sediment. A concentration of total phosphorus below 20 parts per billion(ug/L) for lakes and 30 parts per billion for impoundments should be maintained to prevent nuisance algal blooms.�x'`Additional results of high phosphorus levels include excessive aquatic plant growth, decreased oxygen levels and resulting fish kills. 8 > > The amount of phosphorz�s delivered to lakes and stream per acre of land typically increases from forested land to residential development to cropland. Median concentrations of pollutants in residential runoff are usually higher than Figure 9. in runoff from forest, pasture and open ' space. Cropland,on the other hand, often Phosphorus loading from land uses produces higher sediment and nutrient loading than residential development.""" 2500 Numbers are median values Thus, conversion from intensively mana ed cro s to low densit residential Lines show range g P Y � 2000 ------------------ ---- development may result in a slightly � decreased sediment or nutrient load. On �E 1500 --------------------------- --``- the other hand, land uses with greater than � 30% impervious surface will tend to equal a 1000 -------`-------'-----`----�- -`- or exceed cropland loadings,X"x' Figure 9 y shows the amount of phosphorus delivered � 500 —--------------- --------� -�� to lakes and streams from forest, � 296 residential and agriculture based on a p --- -�-54--' ------- -= - -`-- study of 35 watersheds in southern Forest Residential Agriculture xxxii Wisconsin. Panuska,John C. and Richard A. Lillie. 199� Phosphorus These results are corroborated by a 1985 Loadings from Wisconsin Watersheds: Recommended Maine study that found a 720% increase in Phosphorus Export Coefficients for Agricultural and Forested the amount of phosphorus exported to Watersheds. Research;Llanagement Findings,No. 33, Bureau of streams when the watershed was Research,Wisconsin Department of Natural Resources. 8 pp. developed with sewered lots averaging 1.2 acres in size compared with an undeveloped watershed with similar soils and slopes.�"'°The developed watershed in this study had 41% forest cover and 15% impervious surface. Additionally,preliminary results from a 2001-2002 USGS study in Forest and Vilas counties comparing waterfront forested and residential lawn sites found the lawn sites contributed seven times more phosphorus and ten times more nitrogen than the forested sites, due to significant increases in runoff volume.`�c" Impervious surfaces increase water temperature. Impervious surfaces heat the air, water and people around them—an effect obvious to anyone who has walked across a parking lot on a hot summer day. A study in Minnesota found stream temperature increases up to 10 degrees Fahrenheit after summer storm events in an urban area,ccc" Increased water temperatures eliminate trout and other fish that can only survive in cold water. Increased temperature is also important because water does not hold as much oxygen when warmed. Thus, increased temperatures make the aquatic system more susceptible to other stresses such as added nutrients that use up oxygen. Fish and wildlife habitat Wildlife are attracted to lakes and streams because the essentials of life for many species occure there, including food, water, shelter,and a place to raise their young. The variety of terrestrial and aquatic plants provide a mosaic of wildlife habitat. The tree canopy provides foraging and nest sites for many species of neotropical migratory birds. The understory is used by nesting birds and also provides cover, foraging sites and travel corridors for mammals such as fox,coyote, mink and fishers. Dead trees or"snags" are often used as dens, nest sites and perching and foraging sites by species such as wood ducks,hooded mergansers, owls, woodpeckers, and belted kingfishers while fallen trees are utilized by species as diverse as fish,amphibians and black bears. Birds such as thrushes and ovenbirds nest amongst the ground cover 9 on the forest floor, while shoreline grasses provide forage and shelter for small mammals such as shrews, weasels, lemmings, voles and deer mice. Emergent and submerged aquatic vegetation near the shore provides food and shelter for a whole host of critters such as fish, frogs, toads, muskrats, mink, otter, beaver and waterfowl. Therefore, it follows that the more diverse the habitat is along lakes and streams, the more abundant and diverse wildlife will be. The attraction of wildlife to shorelines is evidenced by well-worn game trails that surround most undeveloped shorelines."""' The quality of fish and wildlife habitat generally decreases as the density of development increases along shorelines. Changes in water quality,bottom sediment, water levels and terrestrial and aquatic vegetation all contribute to this decline. Aquatic and terrestrial plants are significantly reduced on developed shorelines compared to undeveloped shorelines. Because aquatic and terrestrial plants Figure 10. serve many functions-from spawning �Vhat has Happened to Shoreland Plxnts:' habitat, sheiter and foraging opportunities for a varieCy of fish to nesting material, � .i-��. '� � cover and food for waterfowl and Canopy <- { . � shorebirds -they are crucial to high , � I quality fish and wildlife habitat.""`"" , � '� , ; ' � � Emer ent and floatin�-leaf lants are ��; �°eve1"�ed g b P Understory �� -4 u��a�ei�ua� removed for boat access,docks, and piers, ; ; and by motorboat operation while � j j I ! i submersed plants are cleared for ��,, � � �'� �„z ';, ��;` czxviii Shrub `_`...�. <.�:s � = �>_ �� : swimming areas.' Researchers � , � � ; studying northern Wisconsin lakes found ` � i developed shorelines averaging one home o �0 20 30 40 5o so per 330 feet of shoreline had 92% less °a PLANT COVER flo3tirig-leaf Covei3ge and 83% less Meyer,Michael,James Woodford,Sandra Gillum,Terry Daulton. 1997. emergent coverage than undeveloped Shoreland Zoning Regulations Do Not Adequately Protect 1y'ildlife ,��x�� Habitat in Northem Wisconsin. Final Repon—USF�VS State shorelines. In addition,all tllie0 StOC12S partnership Grant P-1-W,Segmen[ 17. Bureau of Integrated Science of tetTestcial vegetatiOn (Canopy, Services,Wisconsin Department of Natural Resources. understory and shrub) were significantly reduced on developed shorelines compared to undeveloped shorelines (Figure 10).c� Trees that have fallen in the water(coarse woody cover)constitute another important component of wildlife habitat-natural fish cribs, basking areas for reptiles and feeding sites. A study of 16 lakes in Northern Wisconsin and Upper Michigan found that cabin occupied sites contained only one-tenth as many downed trees as undeveloped sites.x�' Figure 11. On shore... �Vhat has Happened to Son;birds? � Bird species shift and frogs are eliminated on �;�a� �,. so - ------- ---- - - highly developed shorelines. ,� � �' �� -- �C m�non6ims As nesting cover and foraging areas are �# � �"�` _ 6Q— .�aL'�' — �urromr�on 91:ds-- eliminated, fragmented or degraded, native �� wildlife declines in diversity and abundance.x'° � ' � �� ¢r{ As shown in Figure 1 l, while a northern 20� > __ _ Wisconsin study found no decrease in overall bird ,,;,;; abundance, there were significant declines on �� 0 developed shorelines in insect-eating and ground- undeveioped�akes Developed Lakes Lindsay,Alec R.,Gillum, Sandra S.,Meyer,Michael W. Influence of lakeshore development on breeding bird communities in a mixed northern forest.Biological Conservation 107(2002) 1-11. i nesting birds such as loons and warblers, Figure 12. contrasting with increases of seed-eating birds � 1i�h.it hae Ha ened G�Green fru�s'.' `� and deciduous-tree nesting birds such as crows � �� F---��"�s.r► and goldfinches.x�"' In short, "city birds" are '-_� $� ' - favored on developed shorelines over other �� species. .�V� � ZONING RULES �� (52 HOMES/MILE) Fewer green frogs were found on lakes in �= F northern Wisconsin when the shorelines were �''� RO�s �- 2p developed(Figure 12). Frogs were eliminated �� x' from shorelines with 100-foot lots (52 homes per �� p mile)."�'"This is likely due to loss of habitat, r 0 10 20 30 40 50 habitat fragmentation, and increased �� .� .� �.�:. susceptibility to predators. �� _ Woodford,J.E. and Ni. W. Meyer. 2002. Impact of In t11e wCZteY... lakeshore development on green frog(Rana clamitans) Fish and aquatic insects decrease with abundance.Biological Conservarion. 11o(2j:277-23�i increasing impervious surfaces. The aquatic insect community is an important component of the food chain in streams�`�"and many species find shelter in the large pore spaces among cobbles and boulders. When fine sediments fill these pore spaces, it reduces the quality and quantity of habitat available to aquatic insects. Aquatic insects are valuable stream quality indicators because they have Fi«ure 13. limited ranges and short life cycles, and, unlike fish,they are abundant in �ncreasing impervious surface in the watershe `Y most small streams. Over 20 years ago Decreasin number of fish &fish s ecie,s��. researchers found that aquatic insect Fish found in streams when impervlous surface i�the wa�sTa, diversity drops sharply in streams �ess cna�a°% s-�z°i� Gr�ate�'i� . where watershed imt�ervious surface lowa darter 1 1 c Y Black crappfe eXCeeded 1�t0 1.J%.xi�� . Channelcatflsh�- Yallow Oerch.'... --Rock bass Hornyhead chub Besides the detrimental imt1acts on Sand�h��e� t' Southern radbally dace aquatic insects��llle Sed1IT1E11tS a1SO Goldenshiner Goiden:hlnar affect fish s1�awninp, epp incubation Northernpike Norttwmpiko t" b bb � Largamouth Dass Largemouth bacs and fry-rearing. Figure 13 illustrates Bluntnose minnow Bluntnose minnow Johnnydarter Johnny darter results from a study of 47 warm water Common shiner Common shiner StCCSI1IS 111 SOUt1leaSt WiSCO11S111 ti11t creak`chub, , Creekcnuti - creakcnub' ' r1., y � Fathead minnow�� Fathead minnow� � Fathead minnow 10Und tll$t fl$11 and ln$eCt p�pulCitl�n5 `-Grean sunfish ��-�Graan sunflch ��Graen sunTish Whita sucker White sucker Whi[e sucker deCllne dramat1CaliV Whe[1 1]1'jTle1'�/]�ij$ Brook stickleback Brook stickleback Brook sticklaback J Y surfaces exceed about 8-10% of the W'ang, L.,J. Lyons,P. Kanehl,R. Bannerman,and E. Emmons 2000. watershed. Streams with more than W'atershed Urbanization and Changes in Fish Communities in I 2% imperviousness have consistently Southeastern Wisconsin Streams.Journal of tlie American wnrer xi�-�� poor fish Communitles. Resources Association. 36:5(i 173-1 187); 11 Examination of black crappie and Figure 14. largemouth bass nests on three Minnesota lakes found only 74 of Largemouth bass&black crappie nests 852 crappie nes[s near shorelines that had any type ofdwelling on it found mainly along undisturbed shorelines (Figure 14). The]acgemouth bass were slightly mo�e tolerant of shoreline development,but they still nested along undeveloped :a � areas far more often that could be � explained by chance.Both black crappie and largemouth bass Crooked Lake preferred undisturbed shoreline fornestconstruction,indicating ' ■❑ „�,�,o<.��oaasno.��,�� that as shoreline continues to be Cowdry • ^a�^<-� -�^ developed,both spccies may be Lake � °` "sn",^`°`°°'°" � crowded into fragmented Bergen Lake * �^°` ' °"'°" habitat.xi�� + o �,�„s��k P> �� Reed,Jeffrey.200 L[nfluence of Shomline Development on Nest Sitc Selection by Largemouth Bass and Blaek Crappie,horth American Lake Manaeemen[Conference Posmr. Natural shoreline beauty I'he aesthetics of a shorelinc may be an intangible concept,but ma�y people often recog�ize when it has been degraded or lost. In a Vlinnesota survey,waterfront pcoperty owners and]ake users cited cabin and home development over 85%of the time as the cause whcn they perceived a decli�e in the scenic quality on the lake they used the most. Other activities at the top list that resulted in a decline in scenic quality included i�stallation of docks a�d boat lifts,and removal of trees a�d shrubs in the shoreland area.' These ma�-made elements are ofre�seen as visual i�trusions in a�atural setting—they"grab"our attention and interrupt or upset the natural character of a setting. [n ge�ecal,landscape aesthciic assessment literatu�e has found that more natural scencs,those in which human presence or activities are relatively less visually apparent,are consistently prefcrred over scenes where human developmcnt is more obvious.e To reduce the obvious nature of man-made clements,Iandowners may keep clearings a�d land disturbances to a minimum and retain veeetation to screen st�uctures from view.' Mitigation Ca�the negative effects of shoreland development density a�d impervious surfaces on water quality, wildlife and natural shoreline bcauty be effectively micigated?PartiaLly.One difficulty is that watershed practices are seldom installed consistently across an entire subwatecshed and where they are installed they may be inadequately constructed or maintained.�`�'�`Thc�cmainder of this section will summarizc research analyzing the foLlowing mitigation techniques: • Low impact design • Avoiding or reducing soil compaction • Stormwater ponds • Shoreline buffers • Seeding and muLching const�uction sites 12 • Reduced application of fertilizers Low impact design increases infiltration, thereby decreasing runoff Traditional storm water management seeks to remove runoff as quickly as possible, gathering excess runoff in detention basins for peak reductions where necessary. In contrast, more recently developed low impact design (also known as open space subdivisions, conservation subdivisions or cluster designs) increases contiguous open spaces, reduces impervious surfaces, minimizes land disturbing activities such as road and utility installation and promotes infiltration by directing runoff from impervious areas to vegetated areas. This approach has many advantages including: • Reducing the amount of surface runoff • Increasing the recharge of local groundwater aquifers and streams • Reducing erosion and stream widening • Improving stream quality • Avoiding additional expense and maintenance associated with traditional engineered storm water infrastructure.� Low impact design can do much more to reduce runoff and nutrient loads than best management In the open space subdivision significant cost practices (BMPs; in this case stormwater sewers savings were achieved by reducing impervious and a sediment pond), as shown in Figure 4. surfaces by 20% by: Utilizing BMPs reduced nutrient loading by less • reducing road widths, than 5% in this study, whereas switching from a • reducing driveway len`ths & widths, and conventional subdivision design to an open space • using a road loop rather than a cul-de-sac. subdivision decreased nutrient loading by 40-50% by locating impervious surfaces farther from waterways and minimizing the amount of impervious surfaces.�' Table 4. Nutrient loadin from conventionai and o en s ace subdivisions Nutrient Loads Conventional Conventional Open Space Subdivision Subdivision - BMPs Subdivision I Phos horus (Ibs./ r.) 46 44 23 I, Nitro en (lbs./ r.) 274 264 156 Center for Watershed Protection. Nutrienc Loading from Conventional and Innovative Site Development, July 1998. pp. 26-29. A recent modeling study found that for rainfall events less than one inch, low impact design is able to fully compensate for increased runoff from development on high infiltration capacity soils and to significantly reduce runoff for the lowest infiltration capacity soils, compared with traditional stormwater management.�" This study also suggests that impacts of impervious surfaces can be minimized by locating them in areas with less pervious soils.�"' As shown in Table 5 below, infiltration is the most effective stormwater treatment practice for reduction of total suspended solids and phosphorus.�'" 13 Minimizing land disturbance during construction reduces erosion and soil Fi ure 15. compaction. • - • • •- - • • - - • - As shown in Figure 15, this approach protects water quality by reducing the o amount of sediment and phosphorus ; ; � � = .�� o� delivered to a lake by 18-fold.�°Fencing iF oN�v aRea a � �'� '��_ ��f��, ►F eNTiRe i.or � (home site) � , IS CLEARED during construction to exclude is c�eaReo: •� ; � Y ,E ;t ,,�� IMPACT construction activity from some areas of IMPACT � a ,� ON LAKE tjle SItE IS SIl effeCtlVC pC01Ct1Ve I11e1SUCE ON LAKE o,W''�"; ' (June•Sept.) Ivi . (June-Sept) � . for avoiding soil compaction. �. , _ •up to 18 tons •1 ton sediment sediment to lake to lake Seeding and mulching construction •21bs.phos. � r4 ,�" •up to 36 Ibs. to lake � - � Ibs,phos. sites reduces sediment loads � o u� a� �T�� ,. to iake � o �n,,,ti ,:� � The amount of solids carried from a ;.,'� residential construction site can be five � times greater than a developed site due to �� 5 �,.�ax o��v �.�.�� removal of vegetation and soil compaction "° 'W _ from heavy equipment that leads to more W isconsin Department of Natural Resources memo from John runoff. Seeding and mulching construction Panuska 11;6i94. Graphic by Wisconsin Lakes Parmership. sites dramatically reduced sediment loads.�"° Soil compaction can be reduced. The most effective means of reducing soil compaction after construction are: • amending the soil with compost, • time(on the order of decades), and • reforestation.'"° Engineered stormwater treatment practices vary in effectiveness. Stormwater ponds are commonly designed with the goal of maximizing pollutant removal, which may lead to different designs than if the goal was to protect stream habitat, prevent downstream erosion or promote aquatic diversity. The degree of pollutant removal by ponds and other stormwater treatment practices is reported in Table 5. Table 5. Avera e ercent removal rate of ollutants b stormwater treatment ractices Practice Total Total Nitrogen Oil/Grease ', Bacteria suspended ; phosphorus solids � � Infiltration 95% , 80% 6% NR ' NR Dr onds 47% � 19% 9% 3% 44% Wet onds 80% 51% 43°/a 78% 70% Wetlands 76% 49% 36% 85% 78°/o Water quality 81% '� 34% 9% 62% � increase � swales � itches 31% increase 9% NR 0% NR=Not Reported Winer,R. 2000.Nationanal Pollutant Removal Performance Database for Stormwater Treatment Practices, 2"`� Edition. Center for Watershed Protection. Ellicott City,MD. 14 Three studies found no detectable difference in aquatic insect divecsity in streams with or without large stormwater ponds. Four other studies detectcd a small but positive effect of stormwater ponds relative to aquatic insect diversity. Thc positive effect of detention was typically seen only in the range of 5-20% impervious surface and was generally undetected beyond abou[30%impervious cove�. Although each author was hesitant about interpreting results,all generally agreed that perhaps as much as 5%impervious surface could be added to a watershed while maintaining aquatic insect dive�sity,given effective stormwatcr treatment.'" Shoreline buffers have a positive effect on jish and insect diversity. Five studies all detected a small to moderate positive effect when fomsted stream buffers were present (frequently defined as at Least two-thirds of the st�eam network with at least 100 feet of stream side forest). If excellent riparian habitats were preserved,they generally ceported that fish diversity could be maintained up to 15%impervious surface,and good aquatic insect diversity could be maintained with as much as 30%o impervious surface.�` Redaicing application offertilizers decreases the amount of phosphorus delivered to lakes. Multiple Wiscoi�sin communities have implemented this stcaightforward mitigation strategy through educational campaigns to minimize fertilizer use or convert to no-phosphorus fertilize�near water.A United States Geological Survey study found that the amount of phosphorus running off regularly fertilized lawns alon,Walworth County's Lauderdale Lakes was 1.6 times as great as the phosphorus coming off unfertilized sitcs.��" Conclusion The changes to the landscape from shoreline development iucrease runoff and decrease water quality, wildlife habitat and natural scenic beauty.Shorclands are especially sensitivc to development activities because of thcir close proximity to surface waters.There is little opportunity to filter or infiltrate polluta�ts and nutricnts from shoreland sourees because thcy have such a short distancc to travel to surface waters.Controlling Lot size,width and the extent and loeation of impervious surfaces arc important tools to decrease the cunadative environmental impact. Mitigati�g the adverse effects after shoreland developmcnt has occurred can reduce the impact of impervious surfaces and compacted soils.However,it's important[o realize that mitigatio�techniques can be expensive and di�cult to consistently implement and maintain. When trees,shrubs and grasses are replaced with impervious surfaces,especially those located close to the watec,the followi�g community benefits are threatened: • Healthy streams with fish spawning areas,adequate flows and stable banks • Cool,shady water for a diversity of fish • Food and habitat for songbirds and othcr animals • Natural scenery for relaxation and privacy • Safe and sufficient groundwater for drinkino,irrigation and industry • Stormwarer storage capacity to protect homes from flooding�'"' A unique opportunity Co preserve these community amenities for future ge�erations is pcovided io the development density and impervious surface components of shoreland zoning. 1� � Town of Lenroot , County of Sawyer 7uly 30,2004 Date SUBJECT:Conditional Use Application TO:Sawyer County Zoning Administration D f� POBox676 �� JUL 30 2004 � Hayward,Wisconsin 54843 t;`, ti Owner:Robert J.Swanson Z�''�TA4TIOf�1 Address: 15480W Reiske Road,Hayward WI 54843 Phone: 715/634-2502 Property description:Part of the NE'/o NE'/<,S 33,T 42N,R 9W,Parcels.110 and.1.12,#014-942- 33-1110,-1112 Vol& pg no of deed& survey: Vol 812 Records Pa�e 30,Vol 624 Records Page 243; CSM Vol 2 Page 174 and Vol 3 Page 81 Acreage and lot size:9.27 acres total Property is zoned:Residential/Recreational One(RR-1) Permit is desired for: Construction of five(5)primazy structures containing 10 condo units total,on existing resort property(Four Seasons Resort),not with lake access. Date of Public Hearing: / Name,address,&phone of agent: Signature of property owner required. The above hereby make application for a conditional use. The above certify that the listed information and intentions are true and correct. The above person/s hereby give permission for access to the property for onsite inspections.