Advertisement

Riverside property zoning designation causes hassle

Error message

  • Warning: array_merge(): Expected parameter 1 to be an array, bool given in _simpleads_render_ajax_template() (line 133 of /home/pdccourier/www/www/sites/all/modules/simpleads/includes/simpleads.helper.inc).
  • Notice: Trying to get property 'settings' of non-object in _simpleads_adgroup_settings() (line 343 of /home/pdccourier/www/www/sites/all/modules/simpleads/includes/simpleads.helper.inc).
  • Warning: array_merge(): Expected parameter 1 to be an array, bool given in _simpleads_render_ajax_template() (line 157 of /home/pdccourier/www/www/sites/all/modules/simpleads/includes/simpleads.helper.inc).
  • Notice: Trying to access array offset on value of type null in include() (line 24 of /home/pdccourier/www/www/sites/all/modules/simpleads/templates/simpleads_ajax_call.tpl.php).

Morning frost emerges Wednesday morning from the property at 400 W. Blackhawk Ave., in Prairie du Chien, owned by Tom Nelson. This site—which was once a tourist spot, Willy and Nellies—finally received fill this week, bringing it out of the floodplain and making it a more developable property. (Photo by Correne Martin)

By Correne Martin

 

Prairie du Chien property owner, Tom Nelson, believes his vacant land at 400 W. Blackhawk Ave. was devalued  when its zoning was changed to “floodway” without his knowledge and the site was blighted, leaving him embarrassed as a landowner and setting him back on selling the property. The city of Prairie du Chien, along with its council and Redevelopment Authority (RDA), is trying to make things right with Nelson, who operated Willy and Nellies tourist attraction on the riverside property years ago. 

Nelson has wanted to rezone the land once again, get a permit from the city to fill it in, and have the blighted status removed. Two of these three goals have been achieved within the past week. Ultimately, Nelson desires a sale of the property to a developer. His current asking price is $364,000.

The city of Prairie du Chien also wishes to see some economic development and, as a result, an increase of the tax base, according to Mayor Dave Hemmer.

The potential for this location to be developed is great, as both parties believe, because it is situated on the edge of the downtown district—across the Mississippi River Valley from the Waterfront Hotel & Backwater Bar (113 S. Main) and adjacent to the former Stratton property, which sits vacant on the corner of Blackhawk and Main. All three properties were part of a city downtown redevelopment plan started in 2004.

Nelson purchased the downtown space in 1991 and began his mini golf/paddleboat/rootbeer stand business there. In 1999, according to his recollection of events, he requested the city rezone the property, removing it from floodway and designating it flood fringe, so that he could put in fill and construct a bait shop. The change was granted at that time.

The Department of Natural Resources cites that floodway property cannot be obstructed, so that a 100-year flood can pass downstream. A flood fringe piece of land can be obstructed, if state and federal regulations are followed and the community permits the work. The advantage of owning flood fringe property—over floodway—is that it can be developed, basically. 

Upon significant flooding in 2001, Willy and Nellies sustained enough damage that, when the Federal Emergency Management Agency came through town, Nelson received a $10,000 loan to use toward filling in what the flood washed away of his “flood fringe” land. This action, to Nelson, showed that FEMA was satisfied with the flood fringe designation of his site.

In 2004, the year the redevelopment plan began, the city bought the Stratton location for $250,000. 

In 2009, Nelson said he filed a blighted area complaint with two councilwomen about how much dirt and “junk” had been taken to and left by the city on the neighboring Stratton property. 

The following year, when FEMA upgraded local maps, Nelson said it appears a red line was drawn on the map removing his property from the flood fringe and giving it floodway status again.

“I was never notified,” Nelson stated. “There was never any legal description of the meaning or purpose of that red line on the city-approved FEMA map.”

Also in 2010, the city enacted a resolution officially blighting the Stratton property. According to Nelson, the legal resolution document also included language to blight the Nelson and Sheckler (now Waterfront) properties as well. 

“Blighted status gives the city the opportunity to apply for and receive grants for development of these properties,” Mayor Hemmer said. 

The Sheckler property was also filled in and elevated around then, Nelson recalled. In March of 2019, the city was awarded a $250,000 grant to support development of the Sheckler/Nichols Waterfront Hotel project.

In order to keep his own dreams for his property alive, in November of 2019, Nelson said he decided it was necessary to take charge of the site’s destiny. He hired Vierbicher Associates to assist him in the engineering, permitting and other processes involved with having his property rezoned so that it could move completely out of the flood plain. 

This year, he requested three actions from the city: 1) rezone the site so it’s out of the flood plain, 2) approve a fill permit so construction can start, and 3) remove the blighted status.

In a statement to the city council Oct. 5, Nelson said, “My property is the same today as it was when I purchased it in March 1991, and when all of the government agencies approved the necessary zoning changes in 1999 and 2001. This time, the cost is a little different.” 

Nelson told the council then he’s spent over $89,000 just to bring the land back to 2005 status. “He remembers that year specifically because “that is when we were building and had approval of Lucky Park (across Blackhawk Avenue from his property),” he shared.

Nelson said the Wisconsin DNR approved fill permitting on its end in July 2020 and asked that the property be filled within 90 days. With that deadline passed, and the 2020 construction season nearly closed, Nelson has worried he will continue seeing other expenses, both financial and economical. 

No action was taken at the October council  meeting, as the city was awaiting a Letter of Map Revision (LOMR) from FEMA before the council could consider rezoning approval. Since then, the LOMR came back to the city approved, and the city zoning department gave its OK to the fill permit, Hemmer explained.

To Nelson’s satisfaction, his first two requests were finally completed recently after a year of pushing the various levels of government—from local to federal.

Regarding the blighted status, the city RDA is the actual entity that must approve its removal.

Nelson is expected back in front of the council for an update at its next regular meeting Nov. 15. With the fill now in place, he feels there’s no more “blight.”

Mayor Hemmer and City Administrator Chad Abram have met throughout this ordeal with Nelson to come to the best resolution. Though Nelson is adamant about it, the city feels removing the blight would be a detriment to development, because it was hopeful to cover water and sewer costs for a potential developer with grants that would only be possible if the property is blighted. 

From Nelson’s perspective, his property was thrown around in the interest of public control, the FEMA map was revised at his expense, and he seeks justification for his embarrassment. He said, “To me, I’ve been wronged very badly.”

He said, Tuesday, that his property was officially moved out of the flood plain, as the proper fill was being placed and graded. He’s optimistic this may be the turning point for positive activity at the former Willy and Nellies place.

Rate this article: 
No votes yet