HomeMy WebLinkAbout034-1005-60-110
ST. CROINK; C` U: T Y Land Use
Planning & Land Information
Resource Management
Community Development Department
July 26, 2013 File Ref. #SE87846
Gary Booth ` copy
Booth Dairy Farm
1115 STH 128
Glenwood City, WI 54013
RE: Lot 4 of CSM Vol. 24/Page 5652, SW i/4 ofthe SW 1/4 of Section 3, T29N, R15W, Town of
Springfield
Dear Mr. Booth:
The St. Croix County Board of Adjustment (Board) has reviewed your request for the following item:
Special exception to exceed one animal unit per acre and a variance to animal waste storage structure setback
in the Ag-Residential district pursuant to Sections 17.12(14)(a) and 17.15(6)(u) of the St. Croix County
Zoning Ordinance.
After the hearing on July 25, 2013, the Board approved the special exception request and granted the variance
with conditions. The enclosed document is the formal decision regarding the application.
You must obtain any other required local, state, and federal permits and approvals. Feel free to contact me
with any questions or concerns.
S' ,
Pamela Quinn
Land Use Specialist
Enclosures: Formal Decision
cc: Clerk, Town of Springfield
Steve Olson, CDD
Herman Zuetel, requested notification
Mike Brandenburg, requested notification
Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, Wl 54016 Fax 715.386.4686
www.sccwi.us/cdd www.facebook.com/stcroixcountywi cddt@co.saint-croix. wi.us
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File: SE97846
Applicant: Gary Booth
Address: 1115 STH 128
Location: SW'/4 of the SW'/4 of Section 3, T29N, RI 5W, Town of Springfield
Hearing Notice Publication: June 10 and June 17, 2013
Hearing Date: June 27 and July 25, 2013
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 for the requests:
1. The applicant is Gary Booth, property owner.
2. This site is located at 1115 STH 128 on lot 4 of CSM V. 24/P. 5652 in the SW 1/4 of the SW 1/4 of
Section 3, T29N, R15W, Town of Springfield.
3. The Town of Springfield was sent a copy of the application for review and did not make any
recommendation to the Board regarding the special exception and variance requests.
4. The Wisconsin Department of Natural Resources (DNR) was sent a copy of the application for
review, but has not submitted comments.
5. The Wisconsin Department of Transportation (DOT) reviewed the application and had no
comments.
6. During the Board's site visit on July 25th the waste storage structure was overflowing. Wes
Booth indicated to the Board that the structure had not overflowed since they had made
improvements in the Spring of 2012. One of the alleged improvements was a supplementary pit.
The Board finds it was unauthorized, contributes to the ineffectiveness of the pit, is a breeding
area for insects and should be removed.
7. Mike Brandenberg, the neighbor to the south, testified during the June 27`h hearing that the
animal waste was flowing into the culvert under the town road into his parents' field and keeping
it wet during the dry summer of 2012. Wes Booth denied this, however the Board believes Mr.
Brandenberg.
Item #1 (Special exception request to exceed one animal unit per acre)
The Board made the following general findings of fact and conclusions of law pertinent to Item # 1:
8. The applicant filed with the Community Development Department an application for an after-
the-fact special exception to exceed one animal unit per acre pursuant to Section 17.15(6)(u) in
response to a notice of violation from the department.
9. The Booth Dairy Farm operation currently has 60 cows, (Wes Booth testified at the hearing that
he had 43 milking cows that day.) 30 heifers, and 30 calves (92 animal units) and 3 equines being
kept on -16 acres. Even if the applicant owned 80 acres, he would still require this special
exception on property subject to Ag Residential zoning. Housing a herd under roof is an
acceptable practice as long as the animals are not overcrowded and have a minimum of 100 sq.
ft./animal for exercise yard and 50 sq. ft./animal for bedding area per ATCP 60.06 Appendix C.
The applicant's barn and interior pens used for housing the animals exceeds the minimum square
footage required. With conditions for the applicant to demonstrate compliance by implementing
an approved Nutrient Management Plan, this request will not violate the spirit or general intent
of the ordinance, since exceeding one animal unit per acre of land suitable for animal waste
utilization, consistent with MRCS 590, may be allowed in the Ag. Residential District by special
exception.
10. The manure management plan certified by Steve Olson, CDA429243, meets the applicable
standards, and states the soil to be tested will be sampled to 5 acre density in the next round. The
plan includes the use of 75 acres (owned by others) that is enough to handle the current year's
waste and more acreage will be added to this plan in the future.
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11. With conditions for limiting the number of animal units to 57.5 (50 milking cows, two horses and
one pony) and properly managing manure in accordance with NRCS 313, NRCS 590, and NR
151 standards, this request:
• will not violate the spirit and intent of the Ordinance by minimizing the risk of water
pollution from excessive phosphorous and other nutrients entering ground water and the
local surface watershed,
• will not negatively impact the health, safety or general welfare of the public, nor will it
be substantially adverse to property values in the neighborhood, and
• will not constitute a nuisance by reason of noise, dust, smoke, odor or other similar
factors, since manure will be stored and disposed of properly.
Item 92 (Variance request to animal waste storage structure setback)
The Board made the following general findings of fact and conclusions of law pertinent to Item 42:
12. The applicant filed an addendum variance request to continue utilizing a waste storage structure
that is less than 100 feet to a property line as required in Section 17.12(14)(a). The structure is
approximately 79 ft. from the east lot line, which is a 21 ft. encroachment into the setback
13. The lot, which contains the applicant's home and farm outbuildings, was created in 2009 by
Certified Survey Map (CSM). The property was owned at the time of the CSM by Waldo Rott
and the applicant purchased the lot in 2010. The waste storage structure was not shown on the
surveyor's map, thus the setback violation was created unintentionally when the CSM was
approved by the county and recorded with the Register of Deeds. This hardship was not self-
created by the applicant and granting the variance would provide minimal relief to allow for the
21 ft. encroachment within the setback.
14. The waste storage structure was constructed prior to adoption of the St. Croix County Animal
Waste Storage Facility ordinance. With conditions to improve the waste storage structure,
follow the nutrient management plan by completely removing accumulated manure from the
waste storage structure when waste levels are within one foot below maximum capacity, but not
less than twice a year, and spread the waste on the croplands identified in the plan, this action
would not cause contaminated runoff or contribute to water pollution and therefore would not be
contrary to the public health, safety or general welfare. The estimated cost of pumping the waste
storage structure will be $4500.00.
15. The WI Administrative Code ATCP 60.06(6) requires general maintenance and cleanliness on
Grade A farms, including removal of manure from milking barns daily. With conditions to daily
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haul manure from the barns, and to follow the approved manure management plan for ongoing
waste removal, this request will not be detrimental to property values or be a nuisance by reason
of odor.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board of
Adjustment approved Item #1 and granted Item 42 with the following conditions;
1. This special exception permit allows the applicant to continue operating an existing dairy facility
limited to 57.5 animal units (for example 50 milk cows plus the two horses and pony) housed on the
16.5 acre parcel. Other animals must be housed off-site. Granting the variance allows continued
use of the existing waste storage structure. 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 notarized proof under penalty of perjury of compliance with the animal
unit condition by October 1", 2013 and annually thereafter. The barns, feed lot, and pasture area
must be kept in condition that will not create a nuisance or unhealthy conditions. The applicant
shall be responsible for keeping the property in a neat and orderly manner.
3. There shall be no uncontrolled release of animal waste from the animal waste storage structure.
The waste storage structure must be able to contain the manure generated by the 57.5 animal
units without overtopping. The opening in the waste storage structure must be closed by a clay
berm as high as the existing structure with a 5 to 1 combined side slope and 6 foot wide top,
constructed in a fashion satisfactory to the County. In addition the unauthorized supplementary
manure pit shall be removed and leveled and properly abandoned. The waste storage structure
must be completely evacuated of animal waste when the waste levels are within one foot below
maximum capacity, but not less than twice a year, and the waste spread on the croplands
identified in the plan. A financial assurance must be submitted to the County in the amount of
$4500.00 to cover a one-time pumping in the event that the applicant is found to be in violation
of the special exception permit. This may be released by the County with continuous compliance
with the terms of the permit for 24 months. Proof of completion of all these conditions shall be
submitted by October 1", 2013.
4. The applicant shall submit to the County a certified 590 nutrient management plan annually. Soil
test for phosphorus shall be submitted every four (4) years to be consistent with NRCS Standard
590, with an initial soil test sampled to 5-acre density taken during growing season year 2013.
5. Implementation of the approved nutrient management plan will be intensely monitored by CDD
staff and documentation must be submitted by October 1' 2013 quarterly thereafter for verification
that the manure storage structure is not exceeding capacity. The applicant shall contact the Zoning
Administrator to review this special exception permit annually (October of each year) to verify
compliance with the conditions of this approval. At these times, the applicant shall also submit to
the Zoning Administrator proof of manure removal activities.
6. Any minor change or addition to the request, including but not limited to change in lot lines, shall
require review and approval by the Community Development Department prior to making the
change or addition. Any change in ownership or management shall require prior notification to the
Zoning Administrator. The new owner or manager shall submit to and have approved by the Zoning
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Administrator a signed statement indicating understanding and acceptance of the terms of the
special exception permit, as well as a plan of operations to ensure that all Ordinance requirements
and conditions of this permit are met. The Zoning Administrator may determine that an amendment
of the Board approval is necessary. 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.
7. 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 public hearing. Noncompliance with conditions imposed by the
Board shall be grounds for revocation per Section 17.71(6)(a).
8. Accepting this decision means that the applicant has read, understands, and agrees to all conditions
of this decision and has no objections if Community Development staff conducts unannounced
onsite inspections to check for compliance with the conditions of this permit.
The following vote was taken to approve: Chairperson Malick, yes; Peterson, yes; Nelson, yes; Sontag,
yes; McAllister yes; Motion carries.
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. 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.
NING BO OF JUSTMENT
Signed:
Clarence W. "Buck" alick, hairman
Date Filed: July 29, 2013
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