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HomeMy WebLinkAbout024-1028-40-000(3) ST. CROIX COUNTY WISCONSIN ZONING OFFICE T M x N N p r N ;,flow ST. CROIX COUNTY GOVERNMENT CENTER `• 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 Fax(715) 386-4686 July 3, 2000 File Ref: 19-00 John Neumann 222-162"d Street Hammond, WI 54015 Re: Board of Adjustment Decision Dear Mr. Neumann: The St. Croix County Board of Adjustment has reviewed your request for a special exception for the expansion of your livestock business 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, teve Fisher Zoning Director dz Enclosure cc: Verla Solberg,Clerk—Town of Pleasant Valley, w/enclosure II I s , FINDINGS, CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY,WISCONSIN Case: 19-00 Complete Application Received: April 27, 2000 Hearing Notice Publication: Weeks of May 8 and 15, 2000 Hearing Date: May 25, 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 John Neumann, whose address is 222-162" Street, Hammond, Wisconsin. 2. The applicant filed with the Zoning Office an application for a special exception permit to expand his livestock operation to include 1350 dairy heifers onsite. Applicant currently has a permit to operate a livestock business consisting of 750 dairy heifers. 3. The property is located in the SW % of the SW % of Section 20, T28N-R17W, Town of Pleasant Valley. 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)(i). 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 expand his livestock operation based on the following findings: 1. The Land and Water Conservation has approved the application with conditions. 2. The Town of Pleasant Valley recommended approval of the application. 3. The use is compatible with other surrounding uses. 4. No objections were raised to the application. 5. The plan for the project has been designed by a professional engineer. 6. Applicant has worked with all appropriate agencies to obtain approvals. 7. The spirit and intent of the ordinance will be met. With the following conditions: 1. The applicant shall comply with the engineer designed and approved facility plans as submitted. I i 2. 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. 3. The applicant must secure all town approvals necessary for this project prior to commencing site preparation. 4. The maximum number of dairy heifers kept on site is 1,350. 5. The applicant shall submit an emergency action plan for the manure storage facility to the Zoning Office prior to commencing site preparation. 6. The County shall review the 590 Nutrient Management Plan and conservation plan annually. 7. The County shall review the manure handling system annually to insure that the system conforms to or exceeds the industry standards. 8. The applicant shall establish buffer strips at the agreed upon widths and locations as defined within the 590 Nutrient Management Plan. 9. Manure applications to be immediately incorporated, if applied to soil less than 200 feet from critical areas such as: open water, wetlands, and drainage ways. 10. The applicant shall submit soil samples (one sample per five-acres) within one year of the issuance of the special exception permit to the Zoning Office, in compliance with the requirements of the 590 Nutrient Management Standard. 11. The applicant shall limit the winter spreading of nutrients to no more than 30 days on approved sites as indicated in the nutrient management plan. The Land and Water Conservation Department shall approve these sites prior to the site preparation. 12. An erosion control plan shall be submitted and approved by the County within 30 days from the issuance of the Special Exception permit. The erosion control practices must be installed prior to site preparation. 13. The applicant shall document that the runoff from existing animal lots be controlled according to technical guide / best management standards within one year of issuance of the special exception permit. 14. The applicant shall submit a complete site plan with contours, proposed barn elevations, and common benchmarks for review by the County prior to site preparation. 15. The applicant shall not apply more than 15,000 gallons of liquid manure per acre per application. If this rate is exceeded then the applicant must use split applications on those acres. 16. The applicant shall notify the St. Croix County Land and Water Conservation Department 72 hours prior to mass transporting of solid wastes and pumping of storage lagoon. 17. The applicant shall notify the St. Croix County Land and Water Conservation Department must be notified when the pit is empty to allow annual inspection of the clay liner. 18. The applicant shall submit an environmental bond/insurance policy or letter of credit in an amount of $32,500 to the Zoning Department for pumping, hauling, spreading of manure from the manure storage facility. The bond/policy shall also be for the abandonment of all manure storage facilities including all reception pits, transfer system, and storage facilities in the event the operation ceases to exist for a period of greater than 12 months. 19. 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. 2 20. 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. The following vote was taken to approve: Peterson, yes; Rose, yes; Golz, yes; King, 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(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, 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. ONING BOA OF ADJUSTMENT Signe . air Attest Dated: 07/03/00 Zoning Director Filed: 07/03/00 3