A proposed $50 million housing development in downtown Hudson, Wis., has been sent back to the drawing board, as a St. Croix County judge on Thursday morning ruled that the plans ignore state laws regarding St. Croix River protections.

A group of residents including Wild Rivers Conservancy, Ziggy’s of Hudson and several others brought forth a suit last August that challenged five variances the city of Hudson had approved for the four-story, 109-unit apartment building proposed by St. Louis Park developer Reuter Walton.

The variances included the proposed building’s height of 57 feet, altering a slope greater than 12 percent, building a structure within the 40-foot bluff line setback, reducing the need for floor elevation fill to extend 15 feet past the building and a reduction of the 25-foot rear yard setback to the property.

All five variances were reversed by St. Croix County Circuit Court Judge R. Michael Waterman.

“I think this is a really good day for the (St. Croix) River,” Wild River Conservancy Executive Director Deb Ryun said. “Our stance is still the same – we aren’t anti-development. We don’t have designs of making downtown Hudson any different than it is. We just want people to follow the ordinances in place.”

Wild and Scenic Rivers Act

The 1.7 acre site in question rests between Second and First streets and Commercial and Wisconsin streets in downtown Hudson. Part of the parcel was once home to an Associated Bank branch. To the immediate west of the area is Lakefront Park.

The St. Croix River is protected through the federal Wild and Scenic Rivers act. The law was enacted by Congress in 1968, and included the Upper St. Croix River. In 1972, Congress added the Lower St. Croix River to the Wild and Scenic Rivers system. State statutes on each side of the river further lay out specific standards, including building restrictions such as structure heights and setbacks.

Judge Waterman wrote that in the case of the building height, altering the slope and encroaching on the bluff line setback, the variances involve a Wisconsin state statute that prohibits local governments from granting variances without consent of the state Department of Natural Resources. The Wisconsin DNR had recommended the Hudson Board of Appeals deny these variances but did not issue a formal appeal once the variances were approved.

Waterman also wrote that when variances are granted, they should be due to the uniqueness of the property, and not self-created by the land owner. The structures currently on the property are in compliance with zoning, he continued.

“The developer’s preference for a structure that requires variances is not an unreasonable hardship; if anything, it is a self-created one,” Waterman wrote.

Next steps

Architectural rendering of a proposed townhome and apartment development in downtown Hudson, Wis. (Courtesy of Reuter Walton / City of Hudson)

Reached Thursday afternoon, Reuter Walton developer Ari Parritz said his team was still evaluating the impact of the ruling on the proposed development as things move forward, as well as its implications on the future of downtown Hudson development broadly.

“We remain committed to working with the city and other interested parties to address the under-supply of high quality, context sensitive, resilient housing in downtown Hudson,” Parritz said in a statement.

Hudson City Attorney Nicholas Vivian said the city board of appeals will meet in closed session at a future meeting to discuss the decision and possible next steps. The court’s determination that the board of appeals lacks the authority to grant variances without DNR consent is not how the DNR has historically participated in St. Croix River variances, Vivian said, but the city appreciates the clarification.

For her part, Ryun said Wild Rivers Conservancy is willing to work with the city to discover options that would be attractive to the downtown area but also conform to current statutes and regulations.

Protecting the river for future generations is of utmost importance, she continued, describing the wildlife along the St. Croix River and its riverbanks as an unmatched natural resource.

“There are things about this river that make it different from any place in the world,” Ryun said.

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