HomeMy WebLinkAbout018-1025-50-100(4) ST. CROIX COUNTY
WISCONSIN
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ZONING OFFICE
ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680 r Fax (715) 386-4686
July 5,2005 File#: 05SE0013
John Vrieze
Baldwin Dairy, Inc.
2487 County Road G
Emerald,WI 54013
Re: Board of Adjustment Decision,Parcel#s: 12.29.17.188A and 12.29.17.188
Town of Hammond
Dear Mr. Vrieze:
The St. Croix County Board of Adjustment (Board) has reviewed your request to amend your special
exception permit approved by the Board on March 26,1998 for the purpose of adding a digester and manure
storage lagoon. After the hearing on June 23, 2005 the Board approved the amendment with conditions. The
enclosed document is the formal decision regarding your application.
Should you have any questions or concerns,please contact Jenny Shillcox at 715-386-4680.
Sincerely,
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Robert Bezek
Code Administrator
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Enclosure
cc: Clerk,Town of Hammond
Steve Olson, St. Croix County Land and Water Conservation Department w/enclosure
Duane Popple,Wisconsin Department of Natural Resources w/enclosure
File
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FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY,WISCONSIN
Case: SE0013
Applicant: John Vrieze,Emerald Dairy,property owner
Complete Application Received: May 12,2005
Hearing Notice Publication: Weeks of June 6 and 13,2005
Hearing Date: June 23,2005
FINDINGS OF FACT AND CONCLUSIONS USIONS 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 John Vrieze,Baldwin Dairy,Inc. 2046 County Road E,Baldwin,WI 54002.
2. The site is located in part of Section 12, T29N-R17W, Town of Hammond, St. Croix County,
Wisconsin.
3. The applicant requested to amend a special exception permit approved by the Board on March
26, 1998 and pursuant to Section 17.14(6)(i) of the Ordinance for the purpose of adding a
nutrient digester and back-up manure storage lagoon.
4. The applicant has renewed his WPDES permit in 2005.
5. The applicant has no history of violations and is in compliance with the conditions of his
existing special exception permit approved on March 26, 1998.
6. The Town of Hammond Town Board has recommended approval of this amendment.
7. The Land and Water Conservation Department has been working closely with the applicant and
supports the amendment.
8. The Wisconsin Department of Natural Resources has not objected to this amendment.
9. There was no public opposition to this amendment.
10. The proposed nutrient digester and back-up manure storage lagoon will improve the existing
situation by further reducing smell and surface water pollution, and using the nutrients on site.
11. The spirit and intent of the Ordinance would be met by granting this request for renewal,and
substantial justice would be done.
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DECISION
ISION
On the basis of the above Findings of Fact,Conclusions of Law, and the record herein,the Board
approved the amendment of the special exception permit approved on March 26,2005,with the following
conditions:
1. This special exception permit amendment allows the applicant to construct a back-up manure
storage lagoon and nutrient digester as indicated in the narrative submitted on May 12,2005 and the
construction plans submitted on June 15, 2005. This approval does not include any construction or
activities not indicated in those plans.
2. Prior to commencing onstruction of the
g back-up manure storage lagoon,the applicant shall submit
to the Zoning Administrator and have approved by the Land and Water Conservation Department a
revised construction plan showing the maximum operating level marker and the transfer line detail
and specification.
3. Prior to commencing construction of the nutrient digester, the applicant shall submit to the Zoning
Administrator and have approved by the Land and Water Conservation Department a full set of
construction plans to verify NRCS 313 for waste storage.
4. Within 60 days of completing construction of the nutrient digester and manure 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.
5. The applicant shall be responsible for obtaining all other necessary local, State, and federal permits
and approvals, including but not limited to necessary building permits from the Town of Hammond
and Department of Natural Resources approval for the manure storage lagoon.
6. All conditions of the March 26, 1998 Board of Adjustment approval shall remain in full effect.
7. The applicant shall have two (2) years from the issuance of the special exception permit to
commence construction of the manure storage lagoon and nutrient digester. 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.
The following vote was taken to approve:Nelson,yes; Lucke y,yes; Chairperson Speer,yes; Jensen,yes;
Malick,yes. Motion passed unanimously.
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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
Signed:
Julie Speer, hairper n
Date Filed: 07/05/05 Attest:
R ert Bezek,C Administrator
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