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HomeMy WebLinkAbout016-1053-70-000(4) ST. CODIX COUNTY WISCONSIN Y - ZONING OFFICE ST. CROIX COUNTY GOVERNMENT CENTER PIZ. 1101 Carmichael Road - Hudson, WI 54016-7710 (715) 386-4680 • Fax (715) 386-4686 January 5, 2004 File Ref 23-00 Lofty Acres, Inc. Attn: Joe Draxler 1453320 th Street Glenwood City, Wl 54013 Re: Board of Adjustment Decision Dear Applicant: The St. Croix County Board of Adjustment has reviewed your request for an amendment to your original decision dated August 8, 2000, and has approved this request. The formal decision regarding this request is enclosed. Should you have any questions or concerns, please contact me. Since ly, 14 Steve Fisher Zoning Director dz Enclosure cc: Clerk, Town of Glenwood, w/enclosure Steve Olson, LWCD, w/enclosure FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 23-00 Applicant: Lofty Acres, Inc./ Joe Draxler Complete Application Received: September 27, 2003 Hearing Notice Publication: Weeks of November 3 and 10, 2003 Hearing Date: November 20, 2003 F NDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and reviewed the site, the Board finds the following facts: 1. The applicant is Lofty Acres, Inc./ Joe Draxler, owner. The site address is 1453 320ti' Street, Glenwood City, W154013. 2. The property is located in the NW 1/4 of the NW 1/4, Section 24, T30N-R15W, Town of Glenwood. 3. An application was made for an amendment to Condition 13 of the original special exception use permit that was granted to exceed the number of animal units per acre in the Ag/Residential District. The request is to allow the applicant to adjust the financial guarantee amount required per gallon for manure disposal. 4. The Board finds that there was no opposition to the request. 5. The Board finds that there have been no complaints regarding this business in the past. 6. The Board finds that this request conforms with the requirements granted under Section 17.15(6)(o) of the St. Croix County Zoning Ordinance. 7. The Board finds that granting of this request will not be contrary to the public interest as expressed by the objectives of the ordinance. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's request to amend Condition number 13 of the special exception permit dated August 8, 2000. Condition 13 will now read as follows: 13) As a condition of the authorization (special exception use permit) to operate Lofty Acres, Inc. a financial assurance is required to be obtained and maintained as surety for the obligation to properly empty any manure lagoons, reception pits, transfer systems and storage facilities, and properly dispose of all manure (collectively, abandon the manure handling system) should Lofty Acres, Inc. ever cease operation. The surety amount (presently .005 cents per gallon multiplied by the total gallons of manure storage capacity of this facility) must cover all existing manure storage capacity. A revised financial assurance must be submitted to the Zoning Office for review and approval if additional storage is constructed or the cost of disposal changes in the future for Lofty Acres, Inc. The financial assurance shall be reviewed annually. The following vote was taken to approve: Krueger, 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(10), 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. ZONING BOARD OF AD STMENT Signed ai e n Date: 01/05/04 Attest -11 Date: 01/05/04 Zoning Director 2 LOFTY ACRES, OCT 0 6 2003 INC.. ST. CRO h foe a0e ZONING i~rr~l 145332 yh Street Glenwood City, VVl 54013 715-265-7023 September 25, 2003 Joseph Draxler 1453 320th St Glenwood City Wi 54013 To St Croix County Zoning attn Rod Eslinger To whom it may concern I am writing this letter to request an amendment to article #13 of the Board of Adjustment dated May 22 2000. 1 have met with Steve Olson of the St Croix Co land and water conservation dept, and I am requesting that our current bond of 2.2 cents per gallon, be changed to .005 cents on a letter of guarantee from my lending institution. Our lagoon and reception pit hold 7.5 million gallons. We have over 700 acres within pumping distance of the dairy. We would therefore be required to submit a bond or letter of guarantee for $37,500. We meet the criteria and would like to make this amendment. I understand that a public hearing is necessary and that some of the fees of that public hearing will be my expense. V ly Joseph Draxler I'I STOROIX COUNTY WISCONSIN ZONING OFFICE rrrrNrrrr r..,r ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 Fax(715)386-4686 August 8, 2000 File Ref: 23-00 Lofty Acres, Inc./ Joe Draxler 1453 320'h Street Glenwood City, WI 54013 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. Sincerely, Steve Fisher Zoning Director dz Enclosure cc: Jody Smith, Clerk - Town of Glenwood w/enclosure St. Croix County Land and Water Conservation Dept. r FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 23-00 Complete Application Received: May 22,2000 Hearing Notice Publication: Weeks of June 5 and 12, 2000 Hearing Date: June 22, 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 Lofty Acres, Inc./ Joe Draxler whose address is 1453 320'x' St., Glenwood City, WI. 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 expand the existing herd from 387 to 570 dairy cattle kept onsite. 3. The property is located in the SW % of the NW % of Section 24, T30N-R15W, Town of Glenwood. 4. The Board believes the design to be adequate to meet the requirements for this application. 5. The applicant is working with the Zoning Office and the Land and Water Conservation Department on this project. 6. 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. 7. The Board of Adjustment found that this special exception application conforms with the requirements for granting a special exception under Section 17.14(6)(o). 8. 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 request is compatible with the surrounding land use. 2. The Land and Water Conservation Department has approved, and conditions of the Department have been met. 3. The community expressed positive comments on the existing business. 4. The Town of Glenwood has approved the request. 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 to be kept on site is 570. s 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 notify the St. Croix County Land and Water Conservation Department of pumping of storage facilities. 10. Winter spreading of nutrients to be limited to no more that 30 days on approved sites. 11. All engineering of Wieser Pre-cast Concrete Pan-L Bilt Manure Facility be submitted for review by the Land and Water Conservation Department prior to commencing site preparation. 12. No net increase of storm-water run-off based on the 25-year, 24-hour storm event from pre- existing dairy expansions. 13. Prior to site preparation, the applicant shall submit an environmental bond/insurance policy in an amount of 2.2 cents per gallon of storage for pumping, hauling, spreading of manure from the manure storage facilities, including all reception pits, transfer systems and storage facilities in the event that Lofty Acres, Inc./ Joe Draxler refuses to maintain facilities or goes out of business prior to commencing site preparation. 14. 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. 15. 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. 16. Best Management Practices (erosion control practices) shall be installed prior to site preparation. Best Management Practices are to be maintained by the applicant. The following vote was taken to approve: King, yes; Rose, yes; Golz, yes; Peterson, yes; Chairperson Speer, yes. 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, 2 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. ZONING BOARD OF ADJUSTMENT Signed: C irp rson Attest Dated: 08/09/00 Zoning Director Filed: 08/09/00 I I 3