HomeMy WebLinkAbout028-1029-20-000 (10) r'
ST. AOIX COUNTY
WISCONSIN
ZONING OFFICE
ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680 a Fax (715) 386-4686
March 29, 2005 File Ref: 04-00
Dean Doornink
Jon-De Farm, Inc.
2061 30"'Avenue
Baldwin, WI 54002
Re: Board of Adjustment Decision,Parcel 24.28.17.178A,Town of Rush River
Dear Mr. Doornink:
The St. Croix County Board of Adjustment (Board) has reviewed your request to amend Condition #10 of
the special exception permit approved by the Board on March 23, 2000. After the hearing on March 24,
2005 the Board approved the amendment. The enclosed document is the formal decision regarding your
application.
Should you have any questions or concerns, please contact Jenny Shillcox at 715-386-4682.
Sincerely,
David Fodroczi
Planning and Zoning Director
js
Enclosure
cc: Delores Vrieze, Clerk, Town of Rush River w/enclosure
Jim Devlin, Wisconsin Department of Natural Resources w/enclosure
Steve Olson, St. Croix County Land and Water Conservation Department w/enclosure
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FINDINGS, CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY,WISCONSIN
Case: 04-00
Applicant: Jon-De Farm, Inc., property owner and permit holder
Complete Application Received: February 1,2005
Hearing Notice Publication: Weeks of March 7 and 14,2005
Hearing Date: March 24,2005
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony and considered the entire record herein,the Board finds the following facts:
1. The applicant is Jon-De Farm, Inc., 2061 30`x' Avenue, Baldwin, WI 54002.
2. The site is located in the NW '/4, NE 1/4, Section 24, T28N-RI7W, Town of Rush River. St. Croix
County, Wisconsin.
3. The applicant requested an amendment to Condition #10 of the Board of Adjustment's March
23, 2000 decisions to adjust the application rate of liquid manure in accordance with the State of
Wisconsin 590 Nutrient Management Plan.
4. The Board finds the proposed amendment will improve the existing situation and will help to
keep odor down.
5. The Board finds that the applicant is doing an excellent job of managing manure properly and
safely, and maintaining phosphorous and other nutrients on site.
6. The applicant has been working closely with the Land and Water Conservation Department to
meet all other conditions of the special exception permit approved on March 23, 2000.
7. The Town of Rush River has recommended approval of this amendment.
8. The Land and Water Conservation Department has recommended approval of this amendment.
9. The Wisconsin Department of Natural Resources does not object to this amendment.
10. There was no public opposition to this amendment.
11. The spirit and intent of the Ordinance would be met by granting this request for an amendment,and
substantial justice would be done.
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DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board
approved the proposed amendment to Condition#10 to read as follows:
The applicant shall adjust the application rate for any manures to prevent pooling and runoff,
and excess phosphorous in accordance with the requirements of the 590 Nutrient Management
Plan.
The remaining conditions of the special exception permit approved on May 23, 2000 will rernain in full
effect as approved by the Board.
The following vote was taken to approve: Nelson, yes; Luckey,yes; Chairperson Speer,yes; Jensen, yes;
Krueger, yes. Motion passed 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,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:
Julie Sp er,Cha perso
VW
Date Filed: 03/29/05 Attest:
David Fo roczi, Plannin an onrn irector
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Proposed Amendment
Jon-De Farm Request u
Amendment to Condition#10 of the special exception Condition 010 currently Omits
Condition 010
of liquid manure to
permit approved by the Board of Adjustment on March 23, � ppll dto the property to no
2000 pursuant to Section 17.14(6)(1)of the Ordinance. ,.f man 15,000 gallons per
per application.
Th applicant p,oses to adjust
Owner: Jon-De Farm,Inc. po
the app ll,don rate in
Location: Section 24,T28N-R17W,Town of Rush River d ca with the 590 Nutrient>` �1 1 Management plan
Site Address:2061 301h Avenue,Baldwin,WI �z
tk°F
Code 590 -Nutrient Management Plan Issues/Comments
Section V.A.3.c:Manures,organic by-products,and fertilizers shall not
run off the field site during application.If ponding,run off,or drainage to The Rush River Town Board recommends approval of the amendment
subsurface tiles occurs,the following must be implemented: (Exhibit 6).
Stop application.
-Take corrective action.
-Modify the application rate,method,depth of injection,and timing. The LWCD supports the proposed amendment,stating that the
-Notify the Wisconsin DNR. amendment is consistent with the Natural Resources Conservation
Department 590 Nutrient Management Standard(Exhibit 3)
The applicant contends that:
-The property does not have extreme slopes,saturated soils,or soils
with low organic matterthat all contribute to pooling and runoff. The Wisconsin Department of Natural Resources confirms that the
proposed amendment would meet the requirements of the WPDES permit
-Experience has shown that pooling and runoff don't occur at an and 590 Nutrient Management Plan,and recommends that the applicants
application rate of up to 30,000 gallons/acre/application. should manage the phosphorous needs of the crops to be grown
•A limit of 15,000 gallons forces the applicant to increase the number (Exhibits 4 and 5).
of applications,which in turn increases the amount of time that
neighbors are exposed to odor.
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