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Home My WebLink About042-1051-20-000 (3) CROIX + S1 COUN"0( A IL PLANNING ZONING August 29, 2011 File Ref: SEP245- iY-7r Sheree Koehler s 943 Highway 12 Roberts Wl 54023 s Re: St. Croix County special exception to exceed one animal unit per acre of land suitable for waste utilization. Code Admiaistmdori Section 19, T29N, R18W, Town of Warren 715-386-4680 Land Information & "'3 Dear Ms. Koehler: planning 715-386-4674 On August 25, 2011 the Board of Adjustment (BOA) conditionally approved your special exception renewal at the property referenced above. The enclosed document is the formal Real prop decision regarding your application. 715-396-4677 Reny-d ng You must obtain any other required local, state, and federal permits and approvals. Should 715-3864675 you have any questions or concerns, please contact me at 715-386-4680. ~j Sincerely, Alex Blackburn Land Use Specialist/ Zoning Administrator V..3 Enclosure: Formal decision cc: Clerk, Town of Warren Steve Olson, St. Croix County Land and Water Conservation Department File 4 y1t~ } ST. CRO/X COUNTY GOVERNMENT CENTER 110 1 CARMICHAEL ROAD, HUDSON, W1 54016 7153864686 FAx PZLaCO.5A/NTCRO1X.W1.US WWW. -O.SAINTCROIX.WI.US FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE87245 Applicant: Sheree Koehler and Michael Peters Location: Sections 19, T29N, R18W, Town of Warren Complete Application Received: January 6, 2011 Hearing Notice Publication: Weeks of August 8 and 15, 2011 Hearing Date: August 25, 2011 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and reviewed the site the Board of Adjustment makes the following Findings of Fact and Conclusions of Law: 1. The property owners are Sheree Koehler and Michael Peters. 2. This site is located in the NW 1/4 of the NE'/4 of Section 19, T29N, RI 8W, in the Town of Warren. 3. The applicant filed with the Planning and Zoning Department an application for a special exception to exceed one animal unit per acre pursuant to Section 17.15(6)(u) 4. This horse breeding operation will be for 40 animal units, which is 40,000 pounds of animal. With conditions for the applicant to conduct an on going estimation of horse weights, this request would not be detrimental to the health, safety or general welfare since the manure management plan can accommodate the waste from 40 animal units. 5. The Town of Warren recommends approval of this special exception request. 6. The Land and Water Conservation Department states that the manure management plan meets the applicable standards and recommends that the applicant submit a soil test every 4 years. 7. The Wisconsin Department of Natural Resources (DNR) has submitted no comments. 8. The Wisconsin Department of Transportation (DOT) has submitted no comments. 9. This request will not violate the spirit or general intent of the ordinance since this use is permitted by special exception in the Ag. Residential District. 10. With conditions to follow the manure management plan this request would not cause water pollution and therefore would not be contrary to the public health, safety or general welfare. Following the manure management plan will reduce odors so this request will not be detrimental to property values or be a nuisance by reason of odor. 11. The noise and dust will be minimal therefore this request will not be a nuisance by reason of noise or dust. There will be no smoke generated. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board of Adjustment approves the special exception renewal request, with the following conditions: 1. This special exception permit allows the applicant to operate a horse breeding facility with up to 40 animal units as indicated in the plans submitted on January 6, 2011 and outlined in the "Background" section above. Approval for this special exception permit does not include any additional animal units, structures, services, operations, or employees not indicated in the plans. 2. The applicant shall supply a count of the animals and their approximate weights to the Zoning Administrator once per year in August. 3. A soil test for Phosphorus shall be submitted every 2 years. 4. The manure management plan shall be followed. 5. All lighting associated with the business shall be directed downward and shielded away from neighboring properties to minimize glare. 6. No manufacturing, retail services or other services shall take place on this site. 7. The applicant shall be responsible for keeping the property in a neat and orderly manner. 8. The applicant shall be responsible for contacting the Zoning Administrator to review this special exception permit for compliance annually in August. 9. Any minor change or addition to the project, including but not limited to additional animal units, shall require review and approval by the Planning and Zoning Department prior to making the change or addition. Any major change or addition to the originally approved plans, including, but not limited to additional animal units will have to go through the special exception approval process. 10. These conditions may be amended or additional conditions may be added if unanticipated conditions arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a hearing. 11. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. The following vote was taken to approve: Hurtgen, yes; Chairperson Malick, yes; Peterson, yes; McCallister, yes; Nelson, yes. Motion carried unanimously. APPEAL RIGHTS Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within 30 days after the filing date shown below, pursuant to Sec. 59.694(l 0), Wisconsin Statutes. St. Croix County assumes no responsibility for action taken in reliance on this decision prior to the expiration of the appeal period. St. Croix 2 County does not certify that the identity of all persons legally entitled to notice of the Board of Adjustment proceedings, which resulted in this decision, was provided to the County. If an appeal is taken of this decision, it is the responsibility of the appellant to submit at his/her expense a transcript of the Board of Adjustment proceedings to the circuit court. The Planning and Zoning Department can be contacted for information on how to obtain a transcript. It is the responsibility of the Board of Adjustment to submit its record (file) of this matter to the circuit court. ZONING BOARD OF AD STMENT Signed: ~&4 o&Z4' / CYO Clarence W. Malick, C an''Person Date Filed: 08/29/2011 i i 3 S]PCROIX CO A A A U" PLANNING ZONING x; copy September 27, 2011 James Peabody Code Adnvnistration" 939 Highway 12 715-386-4680 Roberts, W154023 Land Information Planning Re: Reconsideration of Sheree Koehler and Michael Peters special exception to exceed one animal 715-386-4674 unit per acre of land. Real Froperry Dear Mr. Peabody: 715-386-4677 The St. Croix County Board of Adjustment (BOA) has reviewed your request to reconsider the special Recvc ling exception permit to exceed one animal unit per acre of land for the Sheree Koehler and Michael Peters 75-3864675 property. After the hearing on September 22, 2011, the Board voted to reconsider this request at the November BOA meeting unless all the manure piles are removed in accordance with the nutrient management plans by October 31St, 2011. Feel free to contact Alex Blackburn at 715-386-4684 with any questions or concerns regarding this request. Sincerely, Buck Malick, Chairman cc: Sheree Koehler, 943 Highway 12, Roberts W154023 Steve Olson, Land and Water Conservation Department Town of Warren x` ST. CRO/X COUNTY GOVERNMENT CENTER 1 101 CARMICHAEL ROAD, HUDSON. W1 54016 7153864686 FAX PZCaCO.SAINTCRO/X. W1. US WWW.CO.SAINTCROIX.WI.US