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Home My WebLink About012-1036-20-000 ST. .;ROIX COUNTY WISCONSIN ZONING OFFICE ST. CROIX COUNTY GOVERNMENT CENTER ~NMNNMNNNI rani 1101 Carmichael Road _ Hudson, WI 54016-7710 - (715) 386-4680 Fax (715) 386-4686 July 3 2000 File Ref: 20-00 , Ter-Rae Farms, Inc. 1852 County Road T New Richmond, WI 54017 Re: Board of Adjustment Decision Dear Applicant: The St. Croix County Board of Adjustment has reviewed your request for a special exception permit to exceed the number of animal units per acre and has approved your request with conditions. The enclosed document is the formal decision regarding your application. Should you have any questions or concerns, please do not hesitate in contacting me. Sincerel , teve Fisher Zoning Director dz Enclosure cc: Jackie Mitchell, Clerk - Town of Erin Prairie, w/enclosure Robert and Wendi Lanting, w/enclosure FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 20-00 Complete Application Received: April 27, 2000 Hearing Notice Publication: Weeks of May 8 and 15, 2000 Hearing Date: May 25, 2000 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and conducted an on-site inspection, the Board finds the following facts: 1. The applicant is Robert and Wendi Lanting, whose address is 2451 25th Avenue, Rice Lake, Wisconsin. 2. The applicant filed with the Zoning Office an application for a special exception permit to exceed the number of animal units per acre in the Agricultural District to operate a 200 dairy cow facility on 13.2 acres. 3. The owner of the property is Ter-Rae Farms, Inc. The address of the property is 1852 4,County Road TT New Richmond, Wisconsin. 4. The property is located in the SW % of the NW '/4 and the NW % of the SW % of Section 15, T30N-R17W, Town of Erin Prairie. 5. The Board believes the design to be adequate to meet the requirements for this application. 6. The applicant is working with the Zoning Office and the Land and Water Conservation Department on this project. 7. The Board found that the applicant has worked with all appropriate agencies to secure proper permits for the proposed project and these agencies have no objection to the project. 8. The Board of Adjustment found that this special exception application conforms with the requirements for granting a special exception under Section 17.14(6)(i). 9. The Board of Adjustment found that the spirit and intent of the ordinance will be met by granting this special exception permit. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's request for a special exception permit to exceed the number of animal units per acre based on the following findings: 1. The existing site was previously a farm operation. 2. The Land and Water Conservation Department has approved the application. 3. No objections were raised at the hearing. 4. The use is compatible with the surrounding agricultural uses. 5. The spirit and intent of the ordinance will be met. With the following conditions: 1. Groundwater monitoring wells are not required at this time, but will be required in the future if groundwater contamination is suspected. A water test, by a certified lab, is required to establish a baseline for groundwater monitoring. 2. The maximum number of dairy cattle kept on site is 200. 3. The applicant shall submit an emergency action plan for the manure storage facilities to the Zoning Office prior to commencing site preparation. 4. The 590 Nutrient Management plan shall be written as a no net increase of nitrogen or phosphorus over the crop rotation prior to populating the site with animals. 5. The County shall review the 590 Nutrient Management Plan and conservation plan annually. 6. The County shall review the manure handling system annually to insure that the system conforms to or exceeds the industry standards. 7. The applicant shall establish buffer strips at the agreed upon widths and locations as defined within the 590 Nutrient Management Plan. 8. The applicant shall submit soil samples (one sample per five-acres) within two years of the issuance of the special exception permit to the Zoning Office, in compliance with the requirements of the 590 Nutrient Management Standard. 9. The applicant shall not apply more than 15,000 gallons of liquid manure per acre per application. If this rate is exceeded then the applicant must use split applications on those acres. 10. The applicant shall notify the St. Croix County Land and Water Conservation Department 72 hours prior to mass transporting of solid wastes and pumping of storage ponds. 11. The applicant shall submit an environmental bond/insurance policy or letter of credit in an amount of $16,500 to the Zoning Department for pumping, hauling, spreading of manure from the manure storage facility, in the event the operation ceases to exist for a period of greater than 12 months. 12. Any minor change or addition to the project, including but not limited to design of the facility, shall require review and approval by the Zoning Administrator and the Land and Water Conservation Department prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 13. 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. The following vote was taken to approve: Rose, yes; King, yes; Golz, yes; Peterson, yes, Chairperson Speer, yes. Motion carried. 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 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, which is available from Northwestern Court Reporters, Hudson, Wisconsin. It is the responsibility of the Board of Adjustment to submit its record (file) of this matter to the circuit court. 2 a Z NING BOARD OF ADJUSTMENT Signed: Chair s Attest Dated: 07/03/00 Zoning Director Filed: 07/03/00 3 Parcel 012-1037-20-000 03/13/2013 PM PAGE E I OF 1 Alt. Parcel 15.30.17.235B 012 - TOWN OF ERIN PRAIRIE Current 0 ST. CROIX COUNTY, WISCONSIN Creation Date Historical Date Map # Sales Area Application # Permit # Permit Type # of Units 00 0 Tax Address: Owner(s): O = Current Owner, C = Current Co-Owner O - TER-RAE FARMS INC TER-RAE FARMS INC 1490 190TH ST NEW RICHMOND WI 54017 Districts: SC = School SP = Special Property Address(es): Primary Type Dist # Description ' 1852 CTY RD G SC 3962 SCH DIST NEW RICHMOND SP 8020 UPPER WILLOW REHAB DIST SP 1700 WITC Legal Description: Ac 3.500 Plat: N/A-NOT AVAILABLE SEC 15 T30N R17W 3.5 AC W SD O W SE Block/Condo Bldg: 14 RDS OF S 40 RDS Tract(s): (Sec-Twn-Rng 401/4 1601/4) 15-30N-17W SW SE Notes: Parcel History: Date Doc # Vol/Page Type 07/23/1997 703/568 2012 SUMMARY Bill Fair Market Value: Assessed with: 179209 Use Value Assessment Valuations: Last Changed: 05/31/2006 Description Class Acres Land Improve Total State Reason AGRICULTURAL G4 3.500 600 0 600 NO Totals for 2012: General Property 3.500 .600 0 600 Woodland 0.000 0 0 Totals for 2011: General Property 3.500 600 0 600 Woodland 0.000 0 0 Lottery Credit: Claim Count: 0 Certification Date: Batch Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 Parcel 012-1036-60-000 03/13/2013 04:30 PM PAGE 1 OF 1 Alt. Parcel M 15.30.17.230 012 - TOWN OF ERIN PRAIRIE Current 1XI ST. CROIX COUNTY, WISCONSIN Creation Date Historical Date Map # Sales Area Application # Permit # Permit Type # of Units 00 0 Tax Address: Owner(s): 0 = Current Owner, C = Current Co-Owner 0 - TER-RAE FARMS INC TER-RAE FARMS INC 1490 190TH ST NEW RICHMOND WI 54017 Districts: SC = School SP = Special Property Address(es): Primary Type Dist # Description SC 3962 SCH DIST NEW RICHMOND SP 8020 UPPER WILLOW REHAB DIST SP 1700 WITC Legal Description: Acres: 37.240 Plat: N/A-NOT AVAILABLE SEC 15 T30N R1 7W PT NW SW EXC PT TO CSM Block/Condo Bldg: 14/3864 Tract(s): (Sec-Twn-Rng 401/4 1601/4) 15-30N-17W NW SW Notes: Parcel History: Date Doc # Vol/Page Type 04/16/1998 577310 1315/331 WD 04/16/1998 577309 1315/329 WD 01/26/1981 369061 624/413 LC 2012 SUMMARY Bill Fair Market Value: Assessed with: 179203 Use Value Assessment Valuations: Last Changed: 05/22/2008 Description Class Acres Land Improve Total State Reason AGRICULTURAL G4 36.240 8,000 0 8,000 NO UNDEVELOPED G5 1.000 100 0 100 NO Totals for 2012: General Property 37.240 8,100 0 8,100 Woodland 0.000 0 0 Totals for 2011: General Property 37.240 8,100 0 8,100 Woodland 0.000 0 0 Lottery Credit: Claim Count: 0 Certification Date: Batch Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 Parcel 012-1036-20-000 03/13/2013 04:32 PM PAGE 1 OF 1 Alt. Parcel 15.30.17.227A 012 - TOWN OF ERIN PRAIRIE Current 1XI ST. CROIX COUNTY, WISCONSIN Creation Date Historical Date Map # Sales Area Application # Permit # Permit Type # of Units 00 0 Tax Address: Owner(s): O = Current Owner, C = Current Co-Owner O - TER-RAE FARMS INC TER-RAE FARMS INC 1490 190TH ST NEW RICHMOND WI 54017 Districts: SC = School SP = Special Property Address(es): Primary Type Dist # Description SC 3962 SCH DIST NEW RICHMOND SP 8020 UPPER WILLOW REHAB DIST SP 1700 WITC Legal Description: Acres: 28.870 Plat: N/A-NOT AVAILABLE SEC 15 T30N R1 7W PT SW NW EXC PT TO CSM Block/Condo Bldg: 14/3864 Tract(s): (Sec-Twn-Rng 401/4 1601/4) 15-30N-17W SW NW Notes: Parcel History: Date Doc # Vol/Page Type 04/16/1998 577310 1315/331 WD 04/16/1998 577309 1315/329 WD 01/26/1981 369061 624/413 LC 2012 SUMMARY Bill Fair Market Value: Assessed with: 179199 Use Value Assessment Valuations: Last Changed: 05/22/2008 Description Class Acres Land Improve Total State Reason AGRICULTURAL G4 25.870 5,000 0 5,000 NO UNDEVELOPED G5 3.000 900 0 900 NO Totals for 2012: General Property 28.870 5,900 0 5,900 Woodland 0.000 0 0 Totals for 2011: General Property 28.870 5,900 0 5,900 Woodland 0.000 0 0 Lottery Credit: Claim Count: 0 Certification Date: Batch Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 Vl&/WINDEMNITY CORPORATION 4610 UniversitY Ave., P.O. Box 5900 Madison, VVl 5 370.5-0900 Phone: (608) 231-4450 September 11, 2001 ~c^; !\t~~#YLU IS F St. Croix County Zoning Office 1 0-~ ST Y Attn: Rod Eslinger 1101 Carmichael Rd. ZC~ Hudson, WI 54016 In Re: Claim No.: 85610 Bond No.: M000769186 Principal: Robert & Wendi Lanting dba Heartland Holsteins Dear Mr. Eslinger: After reviewing this situation further we have determined that the most efficient manner in which to expedite this matter would be as follows: Capitol Indemnity Corp., will reinstate the bond upon receipt of a signed contract between St Croix County Zoning Office and the local farmer willing to remove the manure which states that said farmer will remove the manure at no cost. Please consider this letter as a formal offer to reinstate the bond under the conditions set forth above. Feel free to contact me with any questions or concerns at (608) 232-0483. Sincerely, r Steven R. Hamm Bond Claims nn /1.M. Besl rated 1+ (Superior) Compain - FAX: Administration/Accounting (6118) 231-2053 FAX: Property/Casualty (608) 231-3125 • SPU Special Policy Unit (6118) 231-9991 FAX: Claims/State Filing/Data Processing (6118) 231-3995 FAX: Fidelity/Surety (608) 231-2029 QD INDEMNITY CORPORATION 4610 Universio,Ave., P.O. Box5900Madistm,Wl 3705 0900 Phone: (608) 231-4450 September 7, 2001 ~~F\~ St. Croix County Zoning Office Attn: Rod Eslinger 1101 Carmichael Rd. t ✓ y% Hudson, WI 54016 In Re: Claim No.: 85610 Bond No.: M000769186 Principal: Robert & Wendi Lanting dba Heartland Holsteins Dear Mr. Eslinger: I am writing to you to confirm the contents of our conversations on 9/5/01 and 9/7/01 and to request some additional documentation. Essentially, on 9/5/01 you called and informed me that Robert & Wendi Lanting had abandoned their farm and left some amount of manure that needs yet to be properly disposed. You indicated to me that you had a local farmer who was willing to remove the manure and process it at his own cost. However you wanted the above captioned bond, which will be cancelled on or about September 24, 2001, to be reinstated as a precautionary measure. During a subsequent conversation on 9/7/011 informed you that Capitol Indemnity would be willing to pursue this course of action. However we would require that a completion agreement be signed between the St. Croix County Zoning Office and Capitol Indemnity Corp., which states that the manure is to be removed by person X, by date X and at no cost to Capitol Indemnity. In return Capitol would reinstate the bond for the specific period outlined in the completion agreement. We ended the conversation in the agreement that Capitol would draw up a completion agreement, which I would send to you for review. If any of the above mentioned facts do not accurately reflect the contents of our conversations please respond via facsimile at (608) 231-3995. Additionally, I request a copy of the Special Exception Findings of Fact and Conclusions of Law that is referenced in the bond. Also, please include any documentation you have which demonstrates that the manure was generated during the period, July 8, 2000 through September 2001. A/i,I.M. Best rulc°d,x+ (.Sl11)(" nr) ('rnn)wnr FAX: Administration/Accounting (6118) 231-2053 FAX: property/Casualtc (608) 231-3125 • SPU Special Police Unit (608) 231-9991 FAX: Claims/State Filing,/Data processing (6081 231-3995 FAX: Fidelitc/5ureta (608) 231-2029 Page 2 Rod Eslinger September 7, 2001 I look forward to working with you to resolve this matter in a fashion, which is mutually advantageous. This letter and any assistance provided in the processing of this claim shall not considered as a waiver of any of the surety's rights or defenses, all the same being specifically reserved. Sincerely, Steven R. Hamm Bond Claims CAPITOL INDEMNITY CORPORATION 4610 University Avenue, PO Box 5900, Madison, WI 53705 Phone (608) 231-4450 Bond Department Fax (608) 231-2029 ❑ SIGNED ACKNOWLEDGEMENT REQUESTED bd CERTIFIED MAIL ~0 A ❑ REGISTERED MAIL c7, /%ni August 24, 2001 t 9T . COUNTY OF ST CROIX g ZONING DEPARTMENT cF 1101 CARMICHAEL RD HUDSON WI 54016 RE: Bond No. M 769186 Name/Address: ROBERT & WENDI LANTING (DBA HEARTLAND HOLSTEINS) 2451 25TH AVE RICE LAKE WI 54868 Type of Bond: MISCELLANEOUS INDEMNITY BOND Notice is hereby given of cancellation of the subject bond effective: 30 days from receipt of this notice Reason for cancellation: UNDERWRITING REASONS Please sign the bottom of this letter acknowledging your acceptance of this cancellation and return the signed copy in the enclosed self-addressed, stamped envelope. Signed and sealed this August 24, 2001. CAPITOL INDEMNITY CORPORATION By Sally R. aubert, Attorney-in-Fact I hereby accept cancellation of the above captioned bond. (Bond No. M 769186) (Name & Title) (Date) PLEASE SIGN AND RETURN HABONDSTORMURS\NOC FORM I