HomeMy WebLinkAbout018-1025-50-100 (3) ST. CROIX COUNTY
WISCONSIN
ZONING OFFICE
ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680
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April 22, 1998 File Ref: 7-98
John Vrieze
982 200th
Baldwin, WI 54002
Re: Board of Adjustment Decision
Dear Mr. Vrieze:
The St. Croix County Board of Adjustment has reviewed your application for a special
exception permit to exceed one animal unit per acre of spreadable land and has
approved your application 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,
Cindy Sherman
Zoning Director
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Enclosure
cc: Marcia Ivy, Town of Hammond
Department of Natural Resources
Land and Water Conservation
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 7-98
Complete Application Received: February 10, 1998
Hearing Notice Publication: Weeks of 3/9 and 3/16/98
Hearing Date: March 26, 1998
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 John Vrieze, whose address is 987 200th St., Baldwin, Wisconsin
54002.
2. The applicant on February 10, 1998, filed with the Zoning Office an application
for a special exception permit to exceed one animal unit per acre of spreadable
land. A special exception is required under Section 17.14(6)(i)where animal units
per acre are exceeded.
3. Baldwin Dairy is the owner of the property which is the subject of the application
and is located in Lot 1 in the SE 1/4 of the SW 1/4 of Section 12, T29N-R17W
and Lot 1 of the NW 1/4 of the NW 1/4 in Section 13, T29N-R17W, all in the
Town of Hammond, St. Croix County, Wisconsin.
4. The subject property is presently used for a dairy operation.
5. The Town of Hammond approves of the application.
6. Baldwin Dairy is asking to expand their herd by adding 600 additional animals,
making the total operation 1,055 head.
7. The following Exhibits were introduced:
Exhibit 1: Special Exception application
Exhibit 2: Staff report
Exhibit 3: Letter from the Town of Hammond recommending approval of the
application
Exhibit 4: Copy of certified survey map showing Baldwin Dairy location
Exhibit 5: Copy of site plan showing structures.
Exhibit 6: Copy of the 590 Nutrient Management Plan
Exhibit 7; Copy of leases
Exhibit 8: Copy of Waste Storage System Plan
Exhibit 9: Copy of Chapter N.R. 243
Exhibit 10: Construction Plans for lagoon from Tiry Engineering
8. There has been a 590 Management Plan drawn up, but Jim Thompson believes
that it is incomplete and needs to have the 105 dry cows added to this plan.
9. John Vrieze, being duly sworn, stated that he is a co-owner of Baldwin Dairy. He
believes he has plenty of land to spread the waste and has more acreage
available to rent if necessary.
10. Vrieze is in the process of obtaining all appropriate Department of Natural
Resources permits.
11. Baldwin Dairy will be running 24 hours a day and there will be at least three
people on site at all times.
12. Vrieze has been working with Tiry Engineering on designing an additional lagoon
for the operation. It will be larger than the last one that was built and will be large
enough to accommodate the waste that is generated. This pit will be lined with
clay. Mike Tiry, of Tiry Engineering, gave a detailed explanation of the pit to the
Board. He believes the pit that will be constructed is very appropriate for the
Vrieze operation.
13. Bob Heise, being duly sworn, is with St. Croix County Land and Water
Conservation. He would like to see lease agreements for up to 5 years on
spreadable acreage. He would like to see a plan put into place for testing water.
Heise added it is important that the new pit is built large enough to accommodate
the waste so that they do not need to spread any more than a couple times a
year.
14. Larry Sandford, being duly sworn, stated that he is co-owner of the property to the
east of Vrieze. He stated his concerns with odor and liability issues relating to
spills. He would like to see some type of berm between his property and Vrieze.
15. Dean Doornink, being duly sworn, states that he pumps the pit for Vrieze and
believes that they have a very good system for pumping. He assured the Board
that they are very careful when pumping out the pit.
16. After reviewing the facts given, the Board of Adjustment finds that this special
exception application conforms with the requirements for granting a special
exception under 17.14(6)(i).
17. Special exception uses may be terminated as per 17.70(7)(d) of the St. Croix
County Zoning Ordinance if the plan or the conditions of the decision are not
followed.
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DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein,
the Board approves the applicant's request for a special exception permit to exceed one
animal unit per acre of spreadable land and has been approved on the following vote:
D. King Yes
J. Neumann Yes
T. Filipiak Yes
N. Golz Yes
Chairman Bradley Yes
with the following conditions:
1) The 590 Plan must be updated annually by a certified crop consultant to
address all animal waste and all spreadable acreage.
2) Copies of long term leases (minimum of 3 years) shall be provided for land
identified in the initial 590 Plan as spreadable acreage and copies of new
leases shall be provided as they are renewed or made part of the area
included for spreading.
3) The maximum number of cows allowed under this permit is 1055.
4) Two groundwater monitoring wells shall be installed initially, more may be
required in the future if warranted.
5) Water testing requirements from the wells and lysimeter and responsibility
shall be outlined in an agreement to be signed by Mr. Vrieze and the
county.
6) The manure storage facility must be sized to accommodate additional
animal waste and should be adjusted for any decrease in storage from the
existing facility.
7) An emergency action plan shall be submitted to the Land and Water
Conservation Office.
8) The manure storage facility shall be designed to contain any over topping
that may occur on the Baldwin Dairy property.
9) Land and Water Conservation Office shall be notified once a year when the
storage facilities are empty to allow inspection of the clay liner and wear
gauges.
10) The permit will not be valid until all Land and Water Conservation
conditions are met and DNR approval and permits obtained.
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
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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 ADJUSTMENT
Signed
hairperson
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Attest
Zoning Administrator
Dated:04/22/98
Filed: 04/22/98
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ZONING ACTIVITY WORKSHEET
Property ID #: 6/8� - /��5-��- /60 Parcel#: . /-7
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Municipality: W J1 PK 6X ej/
Property Address: 2 q(� (,O ,Z/ C=
Owner Name: go h h V !r/e- z e
Other Interest: wl / /GLlT
Other Interest:
Activity: pecial E n Variance Rezonement
Request Date: Acres:
Zoning District: A2 AG RES COM IND
Past Zoning: A2 A/R RES COM IND A r
Overlay District: SHORELAND WETLAND FLOODPLAIN RIVERWAY ONE
Type of Variance/Special Exception: kD �k Cu%/ �1 C T
7' 60
Ordinance Citation:
Ordinance: NING SANITARY SUBDIVISION
Conditions:
Decision: PROVED DENIED WITHDRAWN
Date of Decision:
Notes:
Support _Linked to Rezoning _Objections _Hardship vConditions
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BOARD OF ADJUSTMENTS MEETING AND HEARING
MINUTES
March 26, 1998
(This meeting was recorded by Northwestern Court Reporters)
The meeting was called to order by Chairman John Bradley at 8:30 a.m. A role call was made.
Nick Golz, Jerry Neumann, Tim Filipiak, Dick King and John Bradley were present. Chairman
Bradley believes this to be a properly noticed meeting.
Staff included: Jim Thompson, Zoning Specialist,Debbie Lenzen, Administrative Secretary, and
Cindy Sherman, Zoning Director.
Motion by Filipiak, second by Golz to approve the February minutes with a change on page 5.
Motion carried.
The Board set the next meeting date as April 23, 1998. The starting time will be dependent on
the number of applicants.
CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION
It was noted by Chairman Bradley that Greg Timmerman, Corporation Counsel,will be available
today if needed.
Frank and Jane Bachman
Thompson informed the Board that the court has decided that the Bachman appeal was not filed
in a timely manner and accordingly will not be heard. This results in the Board of Adjustment
decision stand as is with the Bachmans now in violation of the decision. Sherman added that
the Zoning Office and Corporation Counsel will be meeting with the Bachmans and their attorney
to talk about coming into conformance with the ordinance.
Brooksbank/Paulson
Thompson informed the Board that this case is still in the Court of Appeals.
James Meyer
Thompson stated that Mr. Meyer has approached the town on having the property zoned to
industrial. He is looking at putting in a new septic system for the structure and may be forced
to have a holding tank as there is no place suitable on the property for a mound or conventional
system.
Steve Wickenhauser
Chairman Bradley asked the staff where this project is at. Some of the Board members have
been by the property and said that it is a mess. Thompson agrees with them and he is working
with Corporation Counsel on how to approach this issue.
Ronald Wohlers
Thompson told the Board that Mr. Wohlers has not yet file an appeal to the latest decision.
Wohlers is now living in the boathouse on the property and has been notified that this is a
violation of the County Zoning Ordinance. A request has been forwarded to the Corporation
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Counsel's Office asking that a contempt motion be filed with the court.
John Bettendorf
Thompson explained that briefs are being exchanged on this matter and a hearing is set for
sometime in the near future.
OLD BUSINESS
Gary and Sandra Griswold
Sandra Griswold, being duly sworn, stated that she is the owner of the property. Griswold said
that the adjacent neighbor has denied them access to cross his property to move in limestone
for the intended rip rap project. The plan for the project has changed. They are now planning
to bring in the material to the site on a barge. The only thing that has to be brought in across
the neighbors property would be the loader, and that would be a one time pass into the property
and back out. They are working with the neighbor on this plan.
Eunice Post, being duly sworn, stated that she is with the Wisconsin Department of Natural
Resources. She informed the Board that if the Griswolds intend on using barges to move the
materials, the department permit will have to be modified to state that. Post would like to meet
with Griswolds to put together an amended request for the permit. After the permit is amended,
Griswold will appear before the Board again.
NEW BUSINESS
Chairman Bradley welcomed everyone in attendance and gave a brief overview of how the Board
of Adjustment meeting is conducted and introduced the Zoning Staff in attendance. Sherman
read the public hearing notice as published:
PUBLIC HEARING
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, March
26, 1998 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin,
to consider the following appeals to the St. Croix County Zoning Ordinance. An on-site
investigation will be made of each site in question, after which the board will return for the
purpose of deliberating and voting on the appeals.
1. ARTICLE: 17.36(6)4 Stairways and Lifts
APPELLANT: Stuart J. and Charlene L. Krueger
LOCATION: Located in Government Lot 2 in the SW 1/4 of the NW 1/4 of
Section 36, T28N-R20W, Town of Troy
2. ARTICLE: 17.14(6)(i) Livestock operations in excess of one animal unit per
acre in the Agriculture District
APPELLANT: Baldwin Dairy - John Vrieze
LOCATION: Located in Lot 1 of the SE 1/4 of the SW 1/4 of Section 12, T29N-
R17W and Lot 1 in the NW 1/4 of the NW 1/4 of Section 13, T29N-
R17W, Town of Hammond
3. ARTICLE: Application to amend existing Planned Development Unit
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APPELLANT: Donald Rodahl
LOCATION: Located in the SE 1/4 of the NE 1/4 of Section 21, T28N-R19W and
the SW 1/4 of the NW 1/4 of Section 22, T28N-R1 9W, Town of Troy
4. ARTICLE: 17.64(5)3 Variance to Driveway Separation
APPELLANT: Richard W. LaCasse
LOCATION: Located in the East Half of the SE 1/4 of the NW 1/4 of Section 26,
T30N-R20W, Town of St. Joseph
5. ARTICLE: 17.15(6)(r) Golf Course in the Ag-Residential District
APPELLANT: Preservation Development Corporation
LOCATION: Located in part of the W 1/2 of Section 30 and the W 1/2 of Section
31, T31 N-R19W, and the E 1/2 of Section 36, T31 N-R20W, Town
of St. Joseph
All interested persons are invited to attend said hearing and be heard. Additional information
may be obtained from the office of the St. Croix County Zoning Director, Hudson, Wisconsin
at (715) 386-4680.
John Bradley, Chairman
St. Croix County Board of Adjustment
Stuart J. and Charlene L. Krueger
Thompson explained that this is a special exception application for a mechanical lift in the St.
Croix Riverway District. He would like Mr. Krueger to determine for the Board exactly where
the lift will be and they will also be asking that the reflective glass on the cart be replaced with
non-reflective material.
The following exhibits were introduced:
Exhibit 1: Special exception application for a mechanical lift
Exhibit 2: Staff report
Exhibit 3: Copy of the engineering standards for the lift by Frank Ogden
Exhibit 4: Copy of the plot plan
Exhibit 5: Schematic drawing of the lift
Exhibit 6: Cross section of the landing area
Exhibit 7: Photographs of the car to be used on the lift
Exhibit 8: Photograph of the property from the river showing the property boundaries and
lift location.
Exhibit 9: Letter from the Town of Troy recommending approval of the application
Exhibit 10: Letter from the DNR stating no objection to the lift, but concerns about cutting that
may be done.
Stuart Krueger, being duly sworn, stated that he is the owner of the property. He addressed
the above issues b answering that he will replace the reflective lass and will be ha to put
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stakes up on the property where the lift will be placed. He will have the stakes up by the time
the Board visits today. He further stated that there will not be any trees cut, only some
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underbrush. Krueger said that he and his sons plan to install the lift themselves. He and his
wife bought this property in October of 1997. It is approximately 2 acres. There is a building
on it at the present time.
Eunice Post, being previously sworn, asked Krueger to talk with Bob Heise of the St. Croix
County Land Conservation Office about erosion control. She also asked Krueger about repair
work that has been done to the existing structure. Krueger answered that very little repair has
been done and did not amount to more than $300.00. This topic will be discussed between
Krueger and the DNR at a later time.
The Board will visit the site today.
Donald Rodahl
Thompson explained that Saddle Ridge is a Planned Unit Development that received approval
in 1991. The ordinance no longer deals with this and Mr. Rodahl is back here today with a
revised plan. He has approval to build four twin homes on a 16 acre parcel. There is currently
one twin homes on the property and he is proposing to build the remaining structures as
separate units. Thompson stated that the Zoning Office has no problem with this as the use
is already established, but we may need to look at some driveway issues.
The following exhibits were introduced:
Exhibit 1: Special Exception application to amend existing plan
Exhibit 2: Staff report
Exhibit 3: Letter from the Town of Troy recommending approval of application
Exhibit 4: Certified Survey Map showing Lot 1 and the existing structures
Exhibit 5: Plot Plan of the property showing units 3 and 4 and proposed single family
homes. The existing storage unit was labeled "A" and proposed storage unit
labeled "B".
Exhibit 6: Soil tests for the property
Exhibit 7: Copy of three different floor plans of proposed homes. (Copy given to Board
members).
Exhibit 8: Disclosure Materials for Saddle Ridge Development Corporation (covenants).
Donald Rodahl, being duly sworn, stated that he is the applicant. He explained to the board
that there is a new concept in planned unit developments that he would like to try. That
concept is building twin homes that are detached. This concept is being used in the twin cities
and is appealing to buyers. The present homeowners are aware of this revised plan. Sherman
explained that the ordinance does not address this, but it did at the time of his approval in
1991. She further explained that townhomes have a zero lot line and in a planned unit
development, the buyer purchases the home and the open space is common open space. It
was noted that additional driveways are not in yet, and that driveways will be blacktopped.
The Board will visit the site.
Richard W. LaCasse
Thompson explained that Mr. LaCasse has purchased 8 lots that have existed since 1957. He
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plans to combine the 8 lots into 4 to help meet the driveway separations. He is asking for a
variance to the 200 foot separation between lots 7 and 9. The distance would be 176 feet.
Zoning believes this to be a reasonable request.
The following exhibits were introduced:
Exhibit 1: Application for variance
Exhibit 2: Staff report
Exhibit 3: Copy of survey map
Exhibit 4: Larger copy of exhibit number 3 showing the driveways
Exhibit 5: Letter from Town of St. Joseph recommending approval for 176 foot separation
on Lots 7 and 9.
Exhibit 6: Map showing driveway changes with 24 foot variance
Richard LaCasse, being duly sworn, stated that he is the owner of the property. He told the
Board that each lot is approximately 1 acre in size. He will have the proposed driveway
location for each lot staked for the Board when they come out to view the site. He plans to
build on the lots and sell the homes.
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Lloyd Dahlke, being duly sworn, stated that he is the Chairman for the Town of St. Joseph. He
informed the Board that the town supports the application and believes that the proposed
driveways are in the best spot that they can be on this road.
The Board will visit the site.
The Board recessed at 9:55 a.m.
The Board reconvened at 10:10 a.m.
Baldwin Dairy - John Vrieze
Thompson explained that Baldwin Dairy is here today as they would like to expand their
operation by adding 600 additional animals, making the total operation 1,055 head. There has
been a management plan drawn up, and Thompson would like the 105 dry cows that are kept
on the Vrieze Farm added to the Management Nutrient Plan.
Thompson went on to explain that there are concerns on notification of adjoining landowners,
long term leases and materials not being available in the file two weeks prior to this hearing.
Thompson will ask for clarification from Vrieze.
The following exhibits were introduced:
Exhibit 1: Special Exception application
Exhibit 2: Staff report
Exhibit 3: Letter from the Town of Hammond recommending approval of the application
Exhibit 4: Copy of certified survey map showing Baldwin Dairy location
Exhibit 5: Copy of site plan showing structures.
Exhibit 6: Copy of the 590 Nutrient Management Plan
Exhibit 7; Copy of leases
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Exhibit 8: Copy of Waste Storage System Plan
Exhibit 9: Copy of Chapter N.R. 243
Exhibit 10: Construction Plans for lagoon from Tiry Engineering
The Board reviewed Exhibit 5 and Exhibit 8 with Thompson. There was some discussion on
the WPDS permit to be issued by DNR. Eunice Post will check into this.
John Vrieze, being duly sworn, stated that he is the co-owner of Baldwin Dairy and they are
asking to increase their herd to about double the size they currently have. He stated that
although a dairy this size may be unique to St. Croix County, it is not unique in other parts of
the state. Baldwin Dairy will be specializing in strictly milking cows and will milk 24 hours a
day. He further stated that the DNR permit that was referred to is all filled out and ready to go.
Tiry Engineering is working with the review people. They also plan to build another lagoon,
which would be larger than the existing one.
After talking with Jim Thompson, he called all of the landowners that were not notified by zoning
and spoke with them about his proposed project.
Vrieze believes that he will have more than enough land to spread the waste, and will be able
to rent more from neighbors if needed. He believes his leases to be adequate, and the ones
that end in 1999 will be renewed, and if something happens that it is not, they will have
adequate time to obtain more land from other neighbors. Vrieze stated that they watch the
nitrate levels very closely.
Vrieze went on to explain why they ran out of space in the current pit last year and had to
spread manure in the winter. They ended up lining it with more clay than was intended, so it
was smaller than they thought. The new pit will be large enough to accommodate the waste.
Vrieze has no plans to expand anymore at this site. They hope to house all of the dry cows
at another site in approximately one year.
Vrieze went on the explain that they purchase 70 to 80 percent of their feed from Julimar Dairy.
Right now, one truck delivers to their farm per day.
Vrieze told the Board that this type of farming is the wave of the future and he believes that it
has great potential. He added that he is very committed to this operation.
Bob Heise, being duly sworn, is with the St. Croix County Land and Water Conservation. He
agrees that the 105 dry cows should be incorporated into the 590 plan. He also thinks that
Vrieze needs to have lease agreements for up to 5 years. Heise added that the DNR is
involved at this point, as Vrieze is over 1,000 animal units.
Heise said that it is important that the lagoon that is to be built is big enough so that they do
not need to spread more than a couple times a year. They also need to have a plan for testing
water. He believes that the 590 plan is adequate, but wants to see the 105 dry cows added.
Tim Popple and Pete Kling from Land and Water Conservation put together the 590 plan and
they have a lot of experience in this area.
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Mike Tiry, being duly sworn, is with Tiry Engineering out of Chippewa Falls and has worked in
this field all of his life. He gave a very detailed explanation of pit design using overheads and
showing the Board data that he has on construction and usage of the pit. He believes this type
of pit to be very appropriate for the Vrieze operation. The clay used in the pit is very erosive
resistant and very durable as a liner. There should not be any problems with this type of liner
for many years. As far as monitoring wells is concerned, he believes that this would be
appropriate for the Vrieze project because the water table is not very deep.
Ken Peterson, being duly sworn, states that he is the Chairman of the Town of Hammond.
Vrieze came before the town board and there was no opposition by anyone. The board
unanimously voted to approve the application. The town believes that Vrieze will cooperate in
any way and they have no concerns at the town level.
Larry Sanford, being duly sworn, states that he is co-owner of the land to the east of the Vrieze
property. He stated his concerns to be the odor from the operation and who would be liable
for any spills, as his property is very close to the Vrieze operation. He suggested that maybe
a berm could be built between the two properties. He also wants Vrieze to be sure that the
new lagoon is appropriately sized to handle the amount of waste produced by this operation.
John Vrieze, being previously sworn, stated that he too wants to make sure that the new lagoon
is large enough for his operation. He has done everything that has been asked, including
putting licimeters in the first lagoon, and now is being told that they may not be the best way
to go. He will do whatever it takes to assure the county and the neighbors that the operation
will be run appropriately. He further stated that there will be 3 people on site at all times. They
have a very good system for emptying the pit. Vrieze told the Board that he would be willing
to build a berm between his operation and the Sanford property if they felt it was needed.
Dean Doornink, being duly sworn, stated that he pumps the pit for Vrieze. He has been doing
this type of work for 5 years and has had one spill. It was a very small spill and they had it
cleaned up quickly and properly. He assured the Board that they are very careful when
pumping out pits.
The Board will visit the site today.
The Board recessed at 12:30 p.m.
The Board reconvened at 12:45 p.m.
The Preservation
Board member Tim Filipiak will not be sitting in on this application as he has a conflict of
interest.
Cindy Sherman explained that this application is for a golf course in the Town of St. Joseph.
She introduced the following exhibits:
Exhibit 1: Copy of the special exception application
Exhibit 2: Staff report
Exhibit 3: Letter from Dan Schaaf to Cindy Sherman listing documents sent to zoning office
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Exhibit 4: List of property owner signatures stating approval for project
Exhibit 5: Letter from Kelly Cain of the University of Wisconsin - River Falls
Exhibit 6: Letter from Sam Huffman of the University of Wisconsin - River Falls
Exhibit 7: Drainage Report from Melchert/Block
Exhibit 8: Letter from the Town of St. Joseph stating that this application has not been
before the town board
Exhibit 9: Letter from the Eunice Post of the Department of Natural Resources - read into
the record
Exhibit 10: Letter from Bob Heise of Land and Water Conservation stating concerns about the
project
Exhibit 11: Letter from Highway Department stating conditions to be place on the map
Exhibit 12: Letter from the St. Croix County Highway engineer, Jeff Durkee
Exhibit 13: Letter from Cindy Sherman to Dan Schaaf outlining concerns of the zoning office
Exhibit 14: Colored map of the proposed project.
Sherman went over the concerns that the Zoning Office has. This application will have to be
postponed until next month, as we need to publish for two family dwellings, activities on slopes
of 20% or more and restriction on filling and grading, along with the golf course, none of which
was done this past month.
Sherman informed the Board that she and some of the zoning staff will be meeting with the
people involved in this project on April 2nd to go over the concerns that the county has.
The Town of St. Joseph has not given a recommendation on this project yet. The Town had
given approval on a previous application in September of 1996, but has not acted on the new
application.
Exhibit 15: Letter from Town of St. Joseph, not dated, recommending approval on previous
application.
Exhibit 16: Original application dated September 1996
Exhibit 17: Letter from the Town of St. Joseph dated February 25, 1997 approving the
Preservation Golf Course - read into record
Sherman explained that Mr. Schaaf had come back with a different design and submitted a new
application in January of this year. She further explained that the zoning office, land and water
conservation and the DNR have concerns with this application.
Dan Schaaf, being duly sworn, stated that he is the president of Preservation Development
Corporation. This whole process started in 1996 and he is still working on it. He explained that
he wants this project to be environmentally conscious and has a new architect that he is
working with. He introduced the team that is helping him with the project. He has a purchase
agreement on the land for the golf course. The golf course will be about 188 acres and there
will be 43 lots of 3 acres or greater for homes. He has met with DNR and Land Conservation.
They do not intend to fill any wetlands.
Eunice Post, previously sworn, has visited the site and believes that they will be doing some
filling.
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John Pirodi, being duly sworn, is an engineer on the project with Melchert/Block. He reiterated
Schaafs statement that they do not plan to fill any wetlands. The only filling that is planned
is to fill in a man made pond that was built in 1963. After some discussion, it was agreed that
the DNR will work with them on this issue. They also plan to create 5 new ponds on the
property. They plan to keep the topography as it is and are taking every precaution with
erosion control.
Jack Buxcell, being duly sworn, is with the architectural landscape firm working on the project.
He has worked on several projects like this one and will help to keep it environmentally sound.
He said this is a fantastic site for a golf course. Buxcell will be a consultant to the home
association and will help to write landscape and architectural guidelines in the covenants.
Schaaf went over the layout of the course with the Board.
It was noted that there are issues with the highway department on turn lanes at the proposed
intersection. Schaaf stated that they will comply with whatever the county requests.
Paul Miller, being duly sworn, is with Williams, Gill and Associates. He will be helping to design
the course and feels that the natural amenities are a great asset to the golf course.
Bob Heise, previously sworn, stated his concerns with the project. He feels there are issues
with grading, safety and with lot 15 and the golf cart path. Heise plans to be at the April 2nd
meeting.
Eunice Post, being previously sworn, stated that the DNR basically has the same concerns as
the county.
The following exhibits were introduced:
Exhibit 18: Letter from Town of St. Joseph dated April 4, 1997 - read into record
Exhibit 19: Letter to Schaaf from Town of St. Joseph dated September 4, 1997 - read into
record
Lloyd Dahlke, previously sworn, Chairman for Town of St. Joseph, stated that the town's
minimum lot size for 2 family dwellings is now 6 acres.
Richard Sinn, being duly sworn, stated that he is an adjacent property owner to the proposed
golf course. He showed the Board his property is on the map. He is concerned about runoff
and does not want golf balls coming onto his land.
Steve Erickson, being duly sworn, stated that he owns 185 acres to the east of the proposed
golf course. He believes that the county concerns about this project are valid. He does not like
the idea of this beautiful area becoming a golf course and is also concerned about the roads.
Dan Schaaf, being previously sworn, asked that the August 29, 1997 letter from him be put into
the record in the future, and also the St. Joseph Comprehensive Plan. Schaaf also stated that
he believes there is a lot of misunderstanding on the course and his concept. He is willing to
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work with the county on this so they can move forward.
The Board recessed at 3:30 p.m. The Board visited the sites at 4:00 p.m. Tim Filipiak was
unable to join them.
After the site visits, the meeting was adjourned at 6:30 p.m.
The Board of Adjustment reconvened on Monday, March 30, 1998 to render decisions from the
March 26th meeting. The meeting was called to order at 3:45 p.m. Chairman Bradley stated
that this is a properly noticed meeting. A role call was made and Dick King, Nick Golz and
John Bradley were present. Jerry Neumann and Tim Filipiak joined the meeting.
DECISIONS
Gary and Sandra Griswold
Motion by Neumann, second by Filipiak to postpone the application as the DNR permit has to
be amended.
The following vote was taken to postpone: King, yes; Neumann, yes; Golz, yes; Filipiak, yes;
Chairman Bradley, yes. Motion carried.
Stuart and Charlene Krueger
Motion by Bradley, second by King to approve the special exception for a lift in the riverway
district with the following conditions:
1) No reflective glass to be on the lift
2) Mr. Krueger will install the lift, and the county will not be liable for any problems
incurred.
The following vote was taken to approve: Golz, yes; Neumann, yes; Filipiak, yes; King, yes;
Chairman Bradley, yes. Motion carried.
Richard LaCasse
Motion by Golz, second by Filipiak to approve the variance application for a driveway separation
with the following conditions:
1) The distance between Lot 7 and the proposed driveway on lot 9 is to be
approximately 176 feet.
2) Obtain permit for driveway from the Town.
The following vote was taken to approve: King, yes; Filipiak, yes; Neumann, yes; Golz, yes;
Chairman Bradley, yes. Motion carried.
Donald Rodahl
Motion by Golz, second by King to approve the special exception application for a revision to
a planned unit development with the following condition:
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1) Repair and maintenance of driveways to be specified by and done according to
association covenants.
The following vote was taken to approve: Neumann, no; King, yes; Filipiak, no; Golz, yes;
Chairman Bradley, yes. Motion carried.
The Preserve
The Board visited the site and a motion was made by Neumann, seconded by King to postpone
pending a recommendation by the Town of St. Joseph.
The following vote was taken to postpone: Golz, yes; Neumann, yes; King, yes, Chairman
Bradley, yes. Motion carried. Tim Filipiak abstained from voting.
Baldwin Dalry
Motion by Bradley, second by Golz to approve the special exception application for a permit to
exceed one animal unit per acre of spreadable land with the following conditions:
1) The 590 Plan must be updated to address all animal waste and all spreadable
acreage.
2) Long term leases shall be provided for land identified in the 590 Plan as
spreadable acreage.
3) The maximum number of cows allowed under this permit is 1055.
4) Two groundwater monitoring wells shall be installed initially, more may be
required in the future if warranted.
5) Water testing requirements and responsibility .shall be outlined in an agreement
to be signed by Mr. Vrieze and the county.
6) An emergency action plan shall be submitted to the Land and Water Conservation
Office.
7) The manure storage facility shall be designed to contain any over topping that
may occur on the Baldwin Dairy property.
8) Land and Water Conservation Office shall be notified once a year when the
storage facilities are empty to allow inspection of the clay liner and wear gauges.
9) The permit will not be valid until all Land and Water Conservation conditions are
met and DNR approval and permits obtained.
The following vote was taken to approve: King, yes; Neumann, yes; Filipiak, yes; Golz, yes;
Chairman Bradley, yes. Motion carried.
Meeting adjourned at 5:45 p.m.
Respectfully submitted,
submitted,
ohn Bradley,
cting Secretary/ Chair an
/dl
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