The URL can be used to link to this page

Home My WebLink About024-1013-95-000(2) ST. CROIX COUNTY WISCONSIN ZONING OFFICE ~NNNNNNNM - noon ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 • Fax (715) 386-4686 August 4, 2005 File Ref: 05SE0024 Greg Zwald Bomaz, Inc. 426165 th Street Hammond, WI 54015 Re: St. Croix County Special Exception Request, Parcel #s: 08.28.17.73A and 08.28.17.76A, Town of Pleasant Valley Dear Mr. Zwald: The St. Croix County Board of Adjustment (Board) has reviewed your special exception amendment request to increase the number of animal units per acre on your farm in the Town of Pleasant Valley, and to construct a new barn and manure storage lagoon to accommodate that increase. At the hearing on July 28, 2005, the Board approved the special exception request with conditions. The enclosed document is the formal decision regarding the application. You must contact the Town of Pleasant Valley to obtain any necessary building permits prior to beginning construction, and obtain any other required local, State, and Federal permits and approvals. Should you have any questions or concerns, please contact Jenny Shillcox at 715-386-4680. Sincerely, Robert Bezek Code Administrator js Enclosure: Formal Decision cc: Clerk, Town of Pleasant Valley Steve Olson, St. Croix County Land and Water Conservation Department Duane Popple, Wisconsin Department of Natural Resources FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: SE0024 Applicant: Greg Zwald, Bomaz, Inc., property owner Parcel Number: 08.28.17.73A and 08.28.17.76A Complete Application Received: June 15, 2005 Hearing Notice Publication: Weeks of July 11 and 18, 2005 Hearing Date: July 28, 2005 FINDINGS 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: I. The applicant is Greg Zwald, Bomaz, Inc., 426 165`x' Street, Hammond, WI 54015.. 2. The site is located in the SE'h of the SE'/4 of the SW '/4 of Section 8, T28N, R17W, Town of Pleasant Valley, St. Croix County, WI. 3. The applicant filed an application with the Board of Adjustment to amend a special exception permit approved by the Board on August 21, 1996 and pursuant to Section 17.14(6)(i) of the Ordinance for the purpose of increasing the number of cows and young-stock on site and constructing a new building and manure storage lagoon. 4. This request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that it is improving an existing situation. 5. This request does not negatively impact the public health, safety or general welfare of the public, nor would it be substantially adverse to property values in the neighborhood as it enrolls more agricultural land in the CREP program to reduce agricultural runoff into a sensitive stream corridor and brings an existing farm into compliance with current rules and regulations. 6. This request does not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors and will likely help to reduce noise and odor. 7. The applicant has no history of violations and is in compliance with the conditions of his existing special exception permit approved on August 12, 1996. 8. The Town of Pleasant Valley has recommended approval of this amendment. 9. The Land and Water Conservation Department has been working closely with the applicant and supports the amendment. 10. The Wisconsin Department of Natural Resources has not objected to this amendment. 11. There has been no public opposition to this amendment. 2 DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's special exception amendment request to increase the number of animal units per acre on the Bomaz, Inc. farm in the Town of Pleasant Valley, and to construct a new barn and manure storage lagoon to accommodate that increase, with the following conditions: 1. This special exception permit amendment allows the applicant to increase the number of cows on his farm to 625 and keep 550 head of young-stock on site, and to construct a new building and manure storage lagoon as indicated in the plans submitted on June 15, 2005. This approval does not include any additional animal units, construction, or activities not indicated in those plans. 2. Prior to commencing construction of the new building and manure storage lagoon, the applicant shall obtain any necessary local, State, or Federal permits and approvals, including those required from the Wisconsin Department of Natural Resources. 3. Prior to commencing construction, the applicant shall submit to the Zoning Administrator final plans for the proposed manure storage lagoon to be reviewed and approval by the Land and Water Conservation Department. 4. Prior to and during construction, the applicant shall follow the Land and Water Conservation Department's Land and Water Resource Management Plan and ensure that all erosion control BMP's are consistent with the Wisconsin Construction Site Best Management Practice Handbook. 5. Within 60 days of completing construction of the new building and manure storage lagoon, the applicant shall submit to the Zoning Administrator an as-built drawing prepared by a registered land surveyor of the entire dairy farm operation. 6. Within 60 days of completing construction of the new manure storage lagoon, the applicant shall install safety fence around the existing and proposed manure storage lagoons in accordance with current 313 Waste Storage Standards. 7. The existing and proposed manure storage lagoons shall be maintained and managed in compliance with State law. 8. Within one year of approval of this special exception amendment, the applicant shall submit to the Zoning Administrator and the Land and Water Conservation Department a 590 Nutrient Management Plan. In addition, annual updates of the 590 plan and spreading reports shall be submitted to the Land and Water Conservation Department by June 0 of each year. 9. All conditions of the August 21, 1996 Board of Adjustment approval shall remain in full effect. 10. The applicant shall have two (2) years from the issuance of the special exception permit to commence construction of the new building and manure storage lagoon. Failure to do so shall result in expiration of the special exception permit. If the special exception permit expires before construction commences, the applicant will be required to secure a new special exception permit before starting or completing construction on the project. I, I 3 11. 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. 12. 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: Nelson, yes; Malick, yes; Luckey, yes; Jensen, yes; Chairperson Speer, 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 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 ADJUSTMENT Si1e Jul' eer Ch i Date Filed: 08/04/05 Attest: ert Bezek, C Administrator 4