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Property Address
'Zoning District A2 AO AR R> S C,ON! IND
Past Zoning A2 AG AR RES coo 1ND
Overlay District NONE SHORELAND WETLAND . FLO.ODPLAIN RIVERWAY
Location -- Section, Town, Range, Lot_ a S`
Acre F N
Request Data
Disposition DENIED PROVED VIMMRAWN POSTPONED Date .,_�' °��•
ActivitE
Rezoning/ Variance ee isl Exception
Type of Variance/Special Exception 41"
ROADMVN. SETBACK WATER SETBACK BLUFFLINE SETBACK LOT RATIO
DRIVEWAY SEPARATION NONCONFORMING}LOT SIZE
Ordinance Citation / 7• f 5 C I )
Supporting Evidence Description U-�'�
LOT MAP/PL PL TOWN APPROVAL LTR CSM PHOTOS MAPS SOIL TEST
Hardship YES NO
Linked to Rezoning YES NO
Conditions - Lt-C4 - 1.2 2
V
EXPIRATION DA'C'E OONSI'LETION ACCORDING} TO PLAN ALL PERMITS COMPLETE '
ZONING OFFICE ACCESS & NC ItfCATION UPON COMPLETION EROSION CONTROL
Objections YES �O` NO
1 Post-it®Fax Note 7671 M ages Co./Dept. .Phone# e FINDINGS, CONCL ' 6aFax# ��„�_ _�� - G ZT-0
AND ORDER OF THE ZONI
ST. CROIX COU
Case: 34-94
Complete Application Received: 5/31/94
Hearing Date: 6/23/94
Dates of Publication: Weeks of 6/6/94 and 6/13/94
FINDINGS OF FACT
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 Jon-De Farm, Inc. whose address is P.O. Box
144 , Baldwin, Wisconsin 54002 .
2 . The applicant on May 31, 1994 filed with the Zoning Office an
application for a special use permit for livestock operations
exceeding one animal unit per acre.
3 . James Doornink, Dean Doornink, Margaret Doornink and Barry
Serier are the owners of the following described property
which is the subject of the application which is located in
the NEk of the NWk of section 24 , T28N-R17W, Town of Rush
River, St. Croix County, Wisconsin.
4 . The subject property is presently used for agricultural
purposes.
5 . The property is zoned Agricultural under the current Zoning
Code of the St. Croix County Zoning Ordinance.
7 . The Town of Rush River opposes the application.
8 . Nelson introduced Exhibit #1 as being a copy of Chapter
243 .
9 . Bob Heise, who works for the Land Conservation Department for
St. Croix County stated he has worked with the Doorninks in
providing an animal waste plan. This balances animal waste to
land. To obtain an animal waste plan, you must get a sample
of the waste, calculate the amount of waster per animal , the
land base to spread it on, soils, crops; balance is needed in
both plans so that the nutrient needs are taken up by the
crops and the soil plan is not exceeded.
10. Introduced as Exhibit #2 was a Waste Disposal Plan; Exhibit
#3 , folder labeled Durand Buildings, Inc. ; Exhibit #4 , blue
prints, 2 pages, site plan and barns; Exhibit #5, Lease
Agreement with Elmer Serier for 24 acres and 27 acres; Exhibit
#6, Cash Farm Lease Agreement with Michael Tylee for 19 acres;
Exhibit #7 , Cash Farm lease Agreement with Anderson Excavating
- U
s. t
f
for 13 . 5 acres; Exhibit #8 , Cash Farm Lease Agreement with
N.L. and William M. Findley for 35 acres; Exhibit #9, manure
Disposal Agreement with Duane K. Newton for 92 acres; Exhibit
#10, Manure Disposal Agreement with Leslie and Karen Larson
for 80 acres; Exhibit #11, correspondence from the Town of
Rush River; Exhibit #12 , copy of a page out of a plat book
showing Pleasant Valley/Rush River highlighting Leslie and
Karen Smith's property; Exhibit #13 , correspondence from Dr.
Sam Hoffman dated 4/28/93 to Dean Doornink.
11. It was noted that Sam Hoffman has tested the wells in the area
in previous years and continues to testing the wells to date.
12 . Jon-De Farm, Inc. has prepared a waste disposal program for
785 animals. They currently have 750 animals. The extra 35
animals are from the Serier farm.
13 . The sale of the land for leases which Jon-De Farm has in place
at this time are subject to sale.
14 . When the manure pits were emptied in the spring of 1994 , they
took the berm out, going from a 3 lagoon system to a 2 lagoon
system. Currently, Jon-De Farm has a new plan for a third
lagoon. This upcoming winter they will start the permit
process again with the DNR office for a third lagoon.
SPECIAL EXCEPTION
The application for a special exception permit meets the
requirements of §17 . 70 (c) 4 of the Zoning Code as follows:
Livestock operations exceeding one animal unit per acre are special
exception uses.
CONCLUSIONS OF LAW
Based upon the above Findings of Fact, the Board concludes that:
1. The County and the Board of Adjustment has authority under
Section 17 . 15 (1) to approve a permit.
ORDER AND DETERMINATION
On the basis of the above Findings of Fact, Conclusions of Law, and
the record herein, the Board made a motion to conditional approve
the special exception use permit request and voted as follows:
Chairman Bradley Yes
J. Neuman Yes
T. Dorsey Yes
C. Mehls Yes
T. Filipiak Yes.
The motion carried and the application is herein approved with the
following conditions:
. a
I
1. This permit expires on June 23 , 1995 if the project is not
completed before then. No construction may begin or continue
after this date unless a new permit or permit extension is
granted in writing by the Zoning Office.
2 . You must complete this project according to the Julimar Waste
Management Plan which you submitted. If you wish to make
changes in the project, you must submit your new plans to the
Zoning Office. The Zoning Office then must approve the
changes in writing before you start or continue your project.
3 . You are responsible for obtaining any permit or approval
required for your project by municipal, town or county zoning
ordinances or by the D.N.R. Office before starting your
project.
4 . You must provide confirmation that you have initiated the
permit process with all other regulatory agencies.
5. You must allow free and unlimited access to your project site
at any time to any Zoning Office employee who is investigating
the project's construction, operation, or maintenance.
6. The Zoning Office may change or revoke this permit if the
project becomes detrimental to the public interest.
7. Your accepting this permit and beginning the project means
that you have read, understand, and agree to follow all
conditions of this permit.
8 . You must keep a copy of this permit at the project site at all
times until the project has been completed.
9 . Tom Nelson shall be notified prior to beginning the project by
calling 386-4680 so that compliance inspections can be made.
10. The Zoning Office and the land Conservation Office must be
contacted prior to each pumping of the lagoons.
11. State NR243 permits must be obtained.
12 . Water testing must be continued so as to maintain water
quality data of the surrounding areas.
13 . Spreading leases must be maintained and updated as needed to
provide the adequate land area needed for disposal of the
animal waste. The Zoning Office and the Land Conservation
Office are to be contacted when these changes are made.
14 . A 50 foot buffer strip must be maintained along any areas of
surface water flows.
APPEAL RIGHTS
This decision may be appealed by any person aggrieved by filing an
action in certiorari in the circuit court of this County within 30
days after the date of filing shown below. The County assumes no
liability for and makes no warranty as to the legality of any
construction commenced prior to the expiration of this 30-day
period.
ZONING/BOARD OF QADJUSTMENT
Signed
Chairperson
Attest
Zoning Administrator
Dated: 7/27/94
Filed: 7/27/94
o scIAL
BOARD OF ADJUSTMENT MEETING AND HEARING
(This meeting was recorded by a court reporter. )
June 23 , 1994
The meeting was called to order by Chairman Bradley at 8 : 36 a.m.
A role call was made. All were present.
Filipiak made a motion to approve the agenda, seconded by Mehls.
Motion carried.
A motion was made by Bradley to approve the minutes as mailed. A
unanimous vote was reflected. Motion carried.
July 28 , 1994 will be the date of the next regular meeting.
UNFINISHED BUSINESS:
Gary Sukowatey
Nelson indicated that this was a request for a body shop,
automotive repair shop in Warren Township. The special exception
was approved with a number of conditions. Sukowatey appealed that
part of the conditions with regard to the screening requirements.
Nelson indicated that he has talked with Sukowatey's attorney,
Robert Mudge, who is trying to mitigate the decision to come up
with alternatives. Mudge indicated that they now have a plan,
which Mudge stated they will be getting to Nelson, but to date he
has seen nothing. Mudge was notified that this would be on the
agenda under unfinished business. Nelson talked to Mudge last
evening and Mudge indicated to Nelson that he felt there was
progress on the site. They will be coming in with a new plan.
Nelson indicated to Mudge that they will be bringing the matter
back before the Board of Adjustment in July if there is no
progress.
Snowcrest
Nelson indicated he received a faxed letter from the owner of the
property who was opposed to the plan presented last month. They
are presently working with another group in establishing a golf
course on the property.
Gerald Garrity
Nelson indicated that this was a request for a variance for a
setback from the high water mark as Garrity is requesting to add on
to the existing residence on the east side of Bass Lake. Nelson
stated that last month they deferred their decision on this case in
order that the applicant appear before the St. Joseph Township as
well as the Bass Lake Rehab District with responses respectively.
Nelson introduced Exhibit #1 as being a letter from the Town of St.
Joseph which recommended denial of Garrity's request.
Quentin Weinzierl, St. Joseph Chairman, after being duly sworn,
indicated that the Town of St. Joseph is recommending denial of
Garrity's request for a setback variance as they see no real
hardship. They feel that Garrity has created his own hardship.
Weinzierl went on to state that they had talked with the DNR who
were also recommending denial of Garrity's project.
Tom Dorsey, member of the Bass Lake Rehab District, indicated that
they were recommending that the request be granted because it was
a second level .
Gerald Garrity, being duly sworn, indicated that he has been there
since 1962 . He plans on getting married. It presently is too
small . They don't have enough closet space. Garrity submitted a
copy of the actual bid of '$24 , 000. 00 as Exhibit #2 . The addition
would add another 396 square feet. The existing property is
presently worth $65, 000. 00. It would fit within the 50 percent
rule. Garrity also indicated that he needs to put in a different
furnace due to his fiance's asthma.
Bradley indicated that the Board will view the site and render a
decision later this date.
NEW BUSINESS:
The hearing was called to order at 9 : 05 a.m. by Chairman Bradley.
Nelson read the notice of the hearing as published:
PUBLIC HEARING
The St. Croix County Board of Adjustment has scheduled a public hearing
for Thursday, June 23 , 1994 at 9: 00 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 . 64 (1) (d) Setback Variance from Town Road
APPELLANT: Craig Shirley
LOCATION: Government Lot 2 , Secs. 13 and 24 , T28N-R20W,
Town of Troy
2 . ARTICLE: 17 . 29 (2) (b) Filling and Grading within 300 feet
of Navigable Waters
APPELLANT: Daniel/Julie Orf
LOCATION: NE'; , SE, , Sec. 26, T30N-R19W, Town of St. Joseph
3 . ARTICLE: 17 . 15 (1) Transmission Tower
APPELLANT: Martin Levake/T. Miller & Brian Thompson
LOCATION: Government Lot 2 , Sec. 27 , T30N-R20W, Town of
St. Joseph
4 . ARTICLE: 17 . 64 (5) 2 Driveway Separation from State Highway
APPELLANT: Thomas/Christine Kolodziej
LOCATION: NW; , NE', , Sec. 19, T29N-R18W, Town of Warren
5. ARTICLE: 17 . 15 (6) (f) Dog Kennels
APPELLANT: Brian & Diane Jeppesen/Harlem Duden
LOCATION: SW4 , SW, , Sec. 34 , T30N-R19W, Town of St. Joseph
6. ARTICLE: 17 . 15 (1) Livestock Operations Exceeding One
Animal Unit Per Acre
APPELLANT: Jon-De Farm, Inc./James, Dean, Margaret
Doornink, Barry Serier
LOCATION: NE', , NW', , Sec. 24 , T28-R17W, Town of Rush River
7 . ARTICLE: 17 . 18 (1) (r) Mini Commercial Storage Building
APPELLANT: Gerald G. Olsen
LOCATION: SE; , NE; , Sec. 24 , T31N-R18W, Town of Star Prairie
8 . ARTICLE: 17 . 155 (6) Major Home Occupation -
APPELLANT: Merrill Oestreich/Dennis & Dawn Neuman
LOCATION: SE', , NE; , Sec. 23 , T31N-R19W, Town of Somerset
9 . ARTICLE: Non-Metallic Mining 226 (89)
APPELLANT: Herb Rebhan
LOCATION: SE; , SW; , Sec. 34 , T31N-R18W, and the
SW', , SE, , Sec. 34 , T31N-R18W, Town of Star Prairie
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 Administrator, Hudson, Wisconsin at
715/386-4680.
John Bradley, Chairman
St. Croix Co. Board of Adjustment
Chairman Bradley introduced the other members of the board as being
Tom Dorsey, Tim Filipiak, Jerry Neuman and Charles Mehls. Tom
Nelson, Zoning Administrator, was present to assist the board with
the introduction of the materials as well as recommendations as to
how the ordinances applied.
Chairman Bradley explained the procedures of the hearing requesting
that individuals wishing to testify sign their name in the front of
the room on the sign up sheet provided.
Craig Shirley
Nelson indicated that this was a variance request for a setback
from a town road for a garage and/or studio. Normally the variance
is 133 feet from the centerline of the road or 100 feet from the
right-of-way line, whichever is greater, and Shirley is requesting
a setback of 50 feet. Nelson introduced Exhibit #1 as being a
building plan showing construction of the lower level ; Exhibit #2 ,
a site plan of property showing location of the proposed structure;
Exhibit #3 , an additional site plan showing the contours of the
property; Exhibit #4 , a copy of the town planning board minutes
supporting the application; Exhibit #5, a letter from the Troy Town
Board supporting the application; and Exhibit #6, additional
comments explaining the need for this addition and the hardships
Mr. Shirley has. Nelson stated that he needs to know the hardship.
Craig Shirley, being duly sworn, indicated there is no other
building site that has a flat terrain less than 12 percent. On the
other side of the house there is the existing septic system. He
indicated that he has owned the property since 1982 . At the time
they built the house, they didn't put on a garage and now would
like to build one. The garage/studio would be 33 ' x 371 , 2 levels.
In the existing house there is no basement, thus no storage. It
would be approximately 1000 feet. The studio/loft up above the
garage would add an additional 300 feet. He has no other
intentions for the loft except for livable space.
Dave Hense, Troy Town Board Supervisor, being duly sworn, indicated
that Shirley came before the Troy Board prior to this and was
turned down at that time. He came back with new plans. Hense
stated that you cannot see the site from the road. Also, the
covenants do not allow for home occupations. In his opinion, he
believes it is about the only reasonable spot for the garage. It
will not hurt the quality of the St. Croix River and it is a
hardship for the Shirleys to leave their equipment outside.
Bradley indicated that the Board will view the site and render a
decision later this date.
Daniel/Julie Orf
Nelson stated that this was a request for a special exception use
permit for filling and grading on slopes of 12 percent or greater
and that this is located on the south end of Bass Lake. Nelson
introduced Exhibit #1 as being a packet of information regarding
the project; Exhibit #2 as being correspondence from the Town of
St. Joseph recommending their approval . Also, Dan Koich from the
Department of Natural Resources supports this application. It was
noted by Tom Dorsey, member of the Bass Lake Rehab District, that
nobody came before their committee to explain the application to
them and that they could not make a recommendation with the
information that they had.
Julie Orf, duly sworn on oath, indicated that they have owned the
property since 1988 . The former owners used the easement from
Engelhart, a neighbor. This is a temporary easement and Engelhart
won't give them a permanent easement. They would like to sell
their place and need to get the matter resolved. Mrs. Orf also
indicated that if she had known they were to have appeared before
the Bass Lake Rehab District that someone would have been there.
Bradley indicated that the Board will view the site and render a
decision later this date.
Whereupon a 5 minute recess was taken. The hearing reconvened at
9 : 50 a.m.
Martin Levake/Levque Tower
Nelson indicated that this is a request for a special exception use
permit for a 240 foot antenna/tower. The applicant needs to
demonstrate that the site is going to meet the property safety
needs, surrounding property safety needs, identify the service and
the antennas on the tower. The Board also needs to look at the
Federal issues, aviation, and application for ILHR also. Nelson
stated that he has not seen State or Federal approval at this time.
There is currently another tower less than 200 feet on the
property. The 240 foot tower will be an additional tower. Nelson
introduced Exhibit #1 as being a guide for height dimension for the
proposal ; Exhibit #2 , copy of surveys in area; Exhibit #3 , larger
scale site plan; Exhibit #4 , series of 3 pages labeled quotations;
Exhibit #5, pamphlet by TWR Lighting, Inc. ; Exhibit #6, white
packet of information labeled A-102 , 767 from Dove Communications;
Exhibit #7 , County tax receipts; Exhibit #8 , correspondence from
the Town of St. Joseph recommending denial of this project; Exhibit
#9, series of 4 photographs.
Martin LeVake, being duly sworn, indicated he is the representative
for Levque Tower. They are the lessee of this project from Terry
Miller. They have an option to purchase with this lease. They are
proceeding with that option to purchase and would like to become
partners in land ownership. They have wireless paging, telephone,
Cellular One. U.S. West has applied to be on the site but they
need the additional tower to accommodate them. With this new tower
they will be able to give hand held wireless phones to Stillwater
and Hudson. There is not enough height at this time to cover the
rest of the town.
Nelson indicated that there is a need for FAA permits. Currently
there is only FAA approval for the first tower, nothing yet on the
second tower.
LeVake stated that they will be doing dual lighting, a strobe
during the day and a flashing red light at night. He went on to
state that they would not build the tower unless they have
endorsements in hand from the FAA. Three or four systems will stay
on the old tower and all the others would be transferred to the new
tower, adding U.S. West. If there is a need for a generator for
backup lighting, they will accommodate.
Quentin Weinzierl, being duly sworn, stated that there are homes
very close to the tower. He also stated that he is not aware of
any local opposition at this time on this site.
Terry Miller, being duly sworn, indicated that he has owned this
property more than 15 years. They were behind on the taxes about
4 years ago until Mr. LeVake came along. He went on to state that
this is a unique feature for the land because of its height.
Bruce Bratner, being duly sworn, stated that he is the
Communications Director for St. Croix County. He stated that 2
months ago, communications regarding the stack talks in Bayport
were at a standstill . He at one time expressed an interest in the
towers in Houlton with Mr. Levake. At this time it looks favorable
to put the equipment on the smoke stack. There would be no need
for St. Croix County's use of the 240 foot tower.
Bradley indicated that the Board will view the site and render a
decision later this date.
Thomas/Christine Kolodziej
Nelson indicated that this was a variance request for a driveway
separation from a State highway road. Back in 1989, Mr. Smith, who
is east of this property, was granted an easement. There were some
concerns at that time and a temporary access was granted. An
application was again submitted in 1990 for a driveway less than
500 feet. It showed a joint access onto the Peabody property.
There were some concerns on the access that was installed. Nelson
introduced Exhibit #1 as being a site plan showing the location of
the proposed driveway, Exhibit #2 , correspondence from the township
supporting this request.
Thomas and Christine Kolodziej , being duly sworn, submitted Exhibit
#3 as being a series of 5 photographs, labeled A thru E. There is
relatively high ground to the east and to the west it slopes down.
An inquiry was made as to where the Smith driveway would be.
Bradley stated that the Smith driveway is a temporary driveway.
James Peabody, being duly sworn, submitted Exhibit #4 , as being a
series of 5 photographs labeled A thru E. Peabody stated that
these photographs show the problem created by the temporary
driveway. With the granting of this variance, it would eliminate
the standing water. It would also stop the construction crews from
going across his property.
Bradley indicated that the Board will view the site and render a
decision later this date.
Brian/Diane Jeppesen
Nelson indicated that this application is for a kennel . This is
not a permitted use but rather a special exception. A kennel is
needed when you have more than 3 dogs. This kennel is for their
own personal dogs. They need to be 700 feet from the kennel to a
property line served by a residence. Nelson introduced Exhibit #1
as being a concept plan for the proposed subdivision; Exhibit #2,
proposed land purchase; Exhibit #3 , site plan showing location of
kennel structures; Exhibit #4, diagram showing plans for the
kennel ; Exhibit #5, Vacant Land Offer to Purchase; Exhibit #6,
correspondence from the Town of St. Joseph recommending denial of
this request.
Brian Jeppesen, being duly sworn, stated that he has been working
on purchasing this property for 9 months. He was told that he had
to buy 10 acres for a dog kennel. He currently lives in Blaine and
has 5 English Setters. He would like a permit for this.
Originally he wanted a variance for 10 dogs, family pets and
hunting dogs. These are very valuable dogs. He has talked to the
neighbors and they have no objections to the kennel being built.
In fact, neighbors Schottler and Hawkinson have offered their
property for training the dogs. The seller won't survey the
property because of the taxes. He has put $1, 000. 00 down as
earnest money based on the acceptance of this request. In the
proposed plan he will have water going to the kennel, electricity
to shed for lights, 6 dog houses inside shed, and will have a dry
tank which will take care of the smell .
It was noted that Jeppesen would need a kennel license once he
exceeds 3 dogs.
Quentin Weinzierl, previously sworn, indicated that the lot is 350
feet wide by 1400 feet long. There is a need for a State
commercial permit for selling dogs. According to State codes, the
kennels are not the right size.
Bradley indicated that the Board will view the site and render a
decision later this date.
Whereupon a 5 minute recess was taken. The Board reconvened at
12 : 04 p.m.
Jon-De Farm, Inc.
Nelson indicated that this is a special exception use permit for
livestock operations exceeding one animal unit per acre. There is
a need for the ability to handle animal waste disposal on various
properties. If there is not enough property to properly dispose of
the waste, then they need to enter into lease agreements with other
property owners for the disposal of said waste. Nelson introduced
Exhibit #1 as being a copy of Chapter 243 .
Bob Heise, being duly sworn, stated that he works for the Land
Conservation Department for St. Croix County. He has worked for
them for 8 years. He has worked with the Doorninks in providing an
animal waste plan. This balances animal waste to land. You cannot
do a conservation plan without an animal waste plan. To obtain an
animal waste plan, you must get a sample of the waste, calculate
the amount of waste per animal, the land base to spread it on,
soils, crops, balance is needed in both plans so that the nutrient
needs are taken up by the crops and the soil plan is not exceeded.
When the lagoons were constructed, the Conservation Office was
directly involved in overseeing their construction according to
soil conservation specifications. originally they had 3 ponds, now
they have 2 . These plans are checked over by the Soil Conservation
Office in Eau Claire. He indicated that there will be contour
stripping installed in the upcoming plan, which will be new to Jon-
De Farms. Introduced as Exhibit #2 was a Waste Disposal Plan;
Exhibit #3 , folder labeled Durand Builders, Inc. ; Exhibit #4 , blue
prints, 2 pages, site plan and barns; Exhibit #5, Lease Agreement
with Elmer Serier for 24 acres and 27 acres; Exhibit #6, Cash Farm
Lease Agreement with Michael Tylee for 19 acres; Exhibit #7, Cash
Farm Lease Agreement with Anderson Excavating for 13 . 5 acres;
Exhibit #8 , Cash Farm Lease Agreement with N.L. and William M.
Findley for 35 acres; Exhibit #9, Manure Disposal Agreement with
Duane K. Newton for 92 acres; Exhibit #10, Manure Disposal
Agreement with Leslie and Karen Larson for 80 acres; Exhibit #11,
correspondence from the Town of Rush River; Exhibit #12 , copy of
page out of plat book showing Pleasant Valley/Rush River
highlighting Leslie and Karen Smith's property; Exhibit #13 ,
correspondence from Dr. Sam Hoffman dated 4/28/93 to Dean Doornink.
Tom Schumaker, being duly sworn, stated that he is acting as agent
on behalf of Jon-De Farms, Inc. Schumaker stated he is from the
firm of Bakke-Norman out of Baldwin. He went on to state that he
was the attorney with previous requests for special exception uses
for the Doorninks. Hoffman has tested the wells in previous years.
This testing continues to date. They have prepared a waste
disposal program for 785 animals. They have 750 animals. The
extra 35 animals are from the Serier Farm. The sale of the land
for leases which they have in place at this time are subject to
sale. He stated that they go to the Land Conservation Office to
have prepared a modified plan due to changes in plans from year to
year. Some manure is knifed in and some is just spread over the
land.
Dean Doornink, being duly sworn, stated that in 1992 they disposed
of the water. The traveling gun with the irrigation system
generated an odor. They will not do that again. They currently
have a contract with a guy to come in and pump the lagoons and
spread it on the ground, in front of a disc which then generates it
into the ground.
Schumaker stated that when they emptied the pits this spring they
took the berm out, going from a 3 lagoon system to a 2 lagoon
system. They do have a new plan for a third lagoon. Mr. Doornink
indicated that next winter they will start the permit process again
with the DNR office. Doornink went on to state that there is a
well directly adjacent to the lagoons and that well is tested
periodically.
Wayne Loock, being duly sworn, stated that he is the Chairman for
Rush River Township. He inquired as to whether or not all the
fertilizer was disced in and if this was monitored. Does the 973
acres include dry cows and milking cows? Schumaker indicated that
the Waste Disposal Plan is how the Doorninks apply the manure to
the land. Doornink stated that they have to trust them that they
are following the plan. These are nutrients they are putting on
the land. If so requested, they will provide an application
report.
Lloyd Weber, being duly sworn, stated that he is a board member
from the Town of Rush River. He was wondering if the clay pits
leak due to agitation. Doornink stated that when excavating for
the lagoons, they found that the clay which they had tested, passed
with flying colors. The clay liner is 30 inches thick. It was
noted that the State of Nebraska scrapes the manure off to the
side, goes into the sand and lines it again with manure as it is a
good liner.
Andrew Geurkink, being duly sworn, stated he is concerned with the
testing of the wells in the area and that his well was not one of
the 16 tested. He has talked to Hoffman regarding the testing of
the wells. It was noted by Doornink that when they originally set
up the testing of the area wells, the previous owner of the
Geurkink property declined the testing. Doornink indicated they
would be amenable to testing Geurkink's well as well as the other
16 wells.
Gene Nelson, being duly sworn, stated that he is a past member of
the town board. His concern was that if Doorninks exceed 1, 000
animals per unit, the State should then be taking care of this
matter and why are we here now. Tom Nelson indicated to Gene
Nelson that as it stands now, it is under the County ordinance.
Gene Nelson went on to state that he is also concerned about the
way Doorninks are getting rid of the nutrients from the lagoon,
wondering if it is in a safe manner.
Dane Rasmussen, being duly sworn, stated that he lives east of the
Doornink operation. He is concerned about the toxic waste, toxins,
nitrates and chlorides. He is concerned that the toxins are
leaking into the soil and that this will show up decades down the
road. He has noted an algae growth on the Rush River. Where did
this come from? He is also concerned whether or not they are using
GBH, the growth hormone. He does, however, feel that they do have
a good operation.
Deb Rasmussen, being duly sworn, stated that she is married to Dane
Rasmussen. She was wondering if there is an upper limit for this
farm. She feels the plan needs to be evaluated after the plan is
implemented. She would like to see more documentation that the
plan is being followed and that they can review this documentation
on an annual basis.
Bradley indicated that the Board will view the site and render a
decision later this date.
Gerald Olsen
Nelson indicated that this is a special exception use permit for a
mini storage shed unit. Nelson introduced Exhibit #1 as being
building plans; Exhibit #2, copy of DILHR written approval for the
plans; Exhibit #3 , one line letter from Town of Star Prairie
stating they have no objections.
Gerald Olsen, being duly sworn, stated that he would like to build
2 storage units 40 feet next to each other. He testified that he
gets 20 to 30 calls every month for storage units. He would like
to store cars and will meet the code requirements set by the State
for the storage of cars. They will have fire walls down the center
of the buildings. Olsen would like the same setback for these two
units as the other storage unit presently there.
Bradley indicated that the Board will view the site and render a
decision later this date.
Merrill Oestreich
Nelson stated that this is a request for a major home occupation.
This is not a permitted use but rather a special exception use.
Nelson introduced Exhibit #1 as being a site plan proposal ; Exhibit
#2 is a 2 page description of this project.
Whereupon Jerome Neuman excused himself from the hearing due to the
fact that the owner is a relative.
Merrill Oestreich, being duly sworn, stated that he likes the
property, has put money down for this property and the offer is
contingent upon approval from the Board of Adjustment. Mr.
Oestreich stated that he makes plastic molds. There are no
chemicals involved. He only uses EDM oil. This is a ranch style
house with an attached garage. He would have the shop below the
garage. He stated that this project is down the road two years or
so and understands that he needs to appear before the Board of
Adjustment again to obtain an extension if so approved. Mr.
Oestreich noted that this is a 2 man operation, he and his partner.
Nelson noted some safety concerns such as eye washes, insurance,
first aid kit.
Bradley indicated that the Board will view the site and render a
decision later this date.
DECISIONS
Having completed the hearing testimony, the board visited each site
in question. Upon completion, the following decisions were
rendered:
Gerald Garrity
Motion by Bradley, seconded by Filipiak to deny the request for an
addition on the existing residence for the following reasons:
1) A hardship could not be demonstrated and there is
reasonable use of the property.
2) Personal inconvenience does not constitute practical
difficulties or unnecessary hardship which justify a
variance.
3) Self imposed hardship is not grounds for a variance.
Role call vote: Filipiak, yes; Neuman, yes; Mehls, yes; Dorsey, no;
Bradley, yes. Motion carried.
Craig Shirley
Motion by Neuman, seconded by Mehls to deny the request for an
addition on the existing residence for the following reasons:
1) A hardship could not be demonstrated and there is
reasonable use of the property.
2) Personal inconvenience does not constitute practical
difficulties or unnecessary hardship which justify a variance.
3) Self imposed hardship is not grounds for a variance.
4) There are other alternatives available.
Role call vote: Mehls, yes; Neuman, yes; Filipiak, yes; Dorsey,
yes; Bradley, yes. Motion carried.
Daniel/Julie Orf
Motion by Mehls, seconded by Filipiak to conditionally approve the
filling and grading request with the following conditions:
1) The project be completed as described in the plan.
2) The Zoning Office be contacted before construction has
been begun and after it has been completed.
3) All disturbed areas be stabilized temporarily on a daily
basis. As the construction is completed this should be
permanently stabilized and seeded.
Role call vote: Dorsey, yes; Filipiak, yes; Neuman, yes; Mehls,
yes; Bradley, yes. Motion carried.
Martin LeVake/LeVque Tower
Motion by Neuman, seconded by Dorsey to postpone the decision until
the next regular meeting so that Federal and State approvals can be
obtained. Role call vote: Neuman, yes; Filipiak, yes; Mehls, yes
Dorsey, yes; Bradley, yes. Motion carried.
Thomas/Christine Kolodziej
Motion by Bradley, seconded by Dorsey to approve a driveway access
onto "STH" 12 , 100 feet easterly of the "Peabody" access. This is
to be measured center to center. Role call vote: Filipiak, yes;
Dorsey, yes; Neuman, yes; Mehls, yes; Bradley, yes. Motion
carried.
Brian/Diane Jeppesen
Motion by Filipiak, seconded by Dorsey to deny the request for the
kennel due to the Town of St. Joseph not supporting the request.
Role call vote: Mehls, yes; Filipiak, yes; Dorsey, yes; Neuman,
yes; Bradley, yes. Motion carried.
Jon-De Farm, Inc.
Motion by Bradley, seconded by Mehls to conditionally approve the
request for 750 animal units on the farm with the conditions being
as follows:
1) The Julimar Waste Management Plan be implemented as
proposed.
2) The Zoning Office and Land Conservation Office be
contacted prior to each pumping of the lagoons.
3) That State NR243 permits be obtained.
4) Water testing be continued so as to maintain water
quality data of the surrounding areas.
5) Spreading leases be maintained and updated as needed to
provide the adequate land area needed for disposal of the
animal waste. The Zoning Office and Land Conservation Office
are to be contacted when these changes are made.
6) A 50 foot buffer strip be maintained along any areas of
surface water flows.
Role call vote: Dorsey, yes; Filipiak, yes; Mehls, yes; Neuman,
yes; Bradley yes. Motion carried.
Gerald Olsen
Motion by Mehls, seconded by Dorsey to approve the storage building
provided there are security lights provided so as to illuminate the
entire area of the facility(s) . Role call vote: Mehls, yes;
Neuman, yes; Dorsey, yes; Filipiak, yes; Bradley, yes. Motion
carried.
Merrill Oestreich
Motion by Dorsey, seconded by Filipiak to approve the home
occupation as presented. Role call vote: Mehls, yes; Neuman,
abstains from voting due to a conflict of interest as the owner of
the property is a relative; Dorsey, yes; Filipiak, yes; Bradley,
yes. Motion carried.
Respectfully submitted:
erome Neuman, Secretary
mz
Parcel #: 028-1029-50-000 01/19/2011 05:05 PM
PAGE 1 OF 1
Alt. Parcel M 24.28.17.181A 028-TOWN OF RUSH RIVER
Current ❑X ST. CROIX COUNTY,WISCONSIN
Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units
00 0
Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner
D&S DAIRY FACILITY LLC O-D&S DAIRY FACILITY LLC
PO BOX 144
BALDWIN WI 54002
Districts: SC= School SP=Special Property Address(es): '=Primary
Type Dist# Description
SC 0231 SCH D BALDWIN-WDVILLE
SP 1700 WITC
Legal Description: Acres: 38.900 Plat: N/A-NOT AVAILABLE
SEC 24 T28N R1 7W S 1/2 NW NE& NE NW EXC Block/Condo Bldg:
TRIANGLE IN SW COR&EXC CSM 11/3122
Tract(s): (Sec-Twn-Rng 401/4 1601/4)
24-28N-17W
Notes: Parcel History:
Date Doc# Vol/Page Type
07/07/2008 877879 EZ
07/07/2008 877878 EZ
10/15/2007 862304 EZ
06/26/2000 6253588 1521/523 QC
more...
2010 SUMMARY Bill M Fair Market Value: Assessed with:
73394 Use Value Assessment
Valuations: Last Changed: 04/13/2010
Description Class Acres Land Improve Total State Reason
AGRICULTURAL G4 28.900 4,100 0 4,100 NO 00
OTHER G7 10.000 38,000 716,700 754,700 NO
Totals for 2010:
General Property 38.900 42,100 716,700 758,800
Woodland 0.000 0 0
Totals for 2009:
General Property 38.900 42,200 716,700 758,900
Woodland 0.000 0 0
Lottery Credit: Claim Count: 0 Certification Date: Batch M
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
Parcel #: 028-1029-70-000 01/19/2011 05:06 PM
PAGE 1 OF 1
Alt. Parcel M 24.28.17.182 028-TOWN OF RUSH RIVER
Current OX ST. CROIX COUNTY,WISCONSIN
Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units
00 0
Tax Address: Owner(s): 0=Current Owner, C=Current Co-Owner
D&S AG-OPERATIONS LLC 0-D&S AG-OPERATIONS LLC
2061 30TH AVE
BALDWIN WI 54002
Districts: SC= School SP =Special Property Address(es): '=Primary
Type Dist# Description 2023 30TH AVE
SC 0231 SCH D BALDWIN-WDVILLE
SP 1700 WITC
Legal Description: Acres: 40.000 Plat: N/A-NOT AVAILABLE
SEC 24 T28N R17W NW NW EZ-1-1190/056 Block/Condo Bldg:
Tract(s): (Sec-Twn-Rng 401/4 1601/4)
24-28N-17W
Notes: Parcel History:
Date Doc# Vol/Page Type
07/07/2008 877879 EZ
07/07/2008 877878 EZ
07/07/2008 877874 WD
01/14/2008 867174 QC
more...
2010 SUMMARY Bill#: Fair Market Value: Assessed with:
73396 Use Value Assessment
Valuations: Last Changed: 04/11/2008
Description Class Acres Land Improve Total State Reason
RESIDENTIAL G1 1.000 20,000 171,200 191,200 NO
AGRICULTURAL G4 8.000 1,700 0 1,700 NO
AGRICULTURAL FOREST G5M 31.000 54,300 0 54,300 NO
Totals for 2010:
General Property 40.000 76,000 171,200 247,200
Woodland 0.000 0 0
Totals for 2009:
General Property 40.000 76,000 171,200 247,200
Woodland 0.000 0 0
Lottery Credit: Claim Count: 1 Certification Date: Batch M 316
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
PLEASANT VALLEY — RUSH RIVER T. 28N 7R.17W '
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AURAL A ST. CROIX FARM BUREAU
INSURANCE "The Voice of Agriculture"
co•S.
A Farm Bureau Service We believe in the future of agriculture and our ar ,,� gh
Agents sponsoring 4-11 and FFA members to 1 � N�6
Ken Singerhouse seminars and workshops. We also support 1�+
796-2207 related promotion events, including F
Al Borgeson
Bbrg 99 livestock auction at the County Fair, and le ops.
I�j f�G D NIiN
ST. CROIX COUNTY ZONING OFFICE
1101 CARMICHAEL ROAD
HUDSON, WI 54016
(715) 386-4680
BOARD OF ADJUSTMENT
APPLICATION FOR A VARIANCE OR SPECIAL EXCEPTION
NO: go 1T FEE: $150. 00
DATE: FEE PAID ON
APPLICANT OR AGENT:
ADDRESS: Pa. 8')c I yel PHONE: 7/S' SSA-351��•
OWNER: e71 r' I ,l_
ADDRESS: . -� e Q,D a.&;,Ve
LEGAL DESCRIPTION: LOT SUBDIVISION: �J
A/W;, SEC.��,T,22 N-R_ZZW, TOWN OF AQdA
�a?8-Ioa9- ,S-o PARCEL NO: (TAX ID) 39 - 10,59 25 �?9
I Is (I) dQS�.cLc 'evaf►o,.rs e►�cQe
VARIANCE SPECIAL EXCEPTION 6e 041,RlaS %k , ( 'Q C_
This property is currently used for l-I
and has been used continuously since
p urn ed oh - e
SPECIAL EXCEPTION '154 h C e__ / 6 e
NOTE: Special exception use permits are granted in the discretion
of the Board of Adjustment Committee. They are made available to
validate uses which, while not approved within the zoning district
in question, are deemed to be compatible with approved uses and/or
not found to be hazardous, harmful, offensive or otherwise adverse
to other uses, subject to review by the circumstances and the
imposition of conditions, subject to the provisions of the St.
Croix County Zoning Ordinance.
If it is your belief that a special exception use permit should be
granted to you for the above-described property, please set forth,
in detail, the intended use of the property and your justification
in applying for such a permit:
7s da.;�- e
VARIANCE
NOTE: Variances from the provisions of the Zoning Ordinance may be
applied for only where, owing to special conditions, a literal
enforcement of the Ordinance will result in an "unnecessary
hardship" which is defined in the Zoning Ordinance as meaning "an
unusual or extreme decrease in the adaptability of the property to
the uses permitted by the zoning district, which is caused by
facts, such as rough terrain or good soil conditions, uniquely
applicable to the particular piece of property in the same zoning
district. " If you believe that under the facts and circumstances
unique to your property a variance could be granted to you, under
the definition cited above, please set forth the type of variance
which you are requesting and the reasons that you have for making
the request.
OWNER'S RESPONSIBILITIES:
THE APPLICANT, AS WITNESSED BY HIS SIGNATURE ON THIS APPLICATION,
HEREBY ACKNOWLEDGES THAT HE HAS READ AND THAT HE UNDERSTANDS THE
FOLLOWING:
1) Applicant must go to Township for approval and have Township
send letter to the Zoning Office stating their position on
your request.
2) Applicants must submit a site plan showing distances from
property lines, roads, and/or water.
ea-v Q
117
3) Applicants are to submit a list of adjoining property owners
and their addresses, including those directly across the road.
4) Applicants will be heard by the Board of Adjustment Committee.
After a public hearing on the application, at which time
testimony and arguments will be received, the Committee will
adjourn to view the sites in question after which time they
will reconvene to render decisions. However, the applicant
should not consider the decision to be final until written
notice of the decision has been presented to him.
5) At the public hearing, the applicant may appear in person or
through an agent or an attorney of his choice. The applicant/
agent/attorney may present testimony and evidence and
arguments in support of his application.
6) The fact that an application for a permit has been filed does
not automatically mean that a permit is granted. If you are
uncertain as to how to present your case, you may want to
consider the advice of legal counsel.
7) The fee assessed for this application is non-refundable.
8) All site plans, pictures, etc. become property of the Zoning
Office and will remain in your file.
9) Statements of representatives of the Board of Adjustment made
to you concerning matters of whether the committee can, will,
or will not grant the permits you seek are understood to
constitute the opinions of those representatives. Staff are
not empowered to act on behalf or instead of the Board of
Adjustment Committee.
10) Applications must be returned to the Zoning Office by the end
of the month prior to the month of the next regular meeting.
Board of Adjustment meetings are held the fourth Thursday of each
month. Any assistance in the filling out of this application will
be provided to you by a representative of the St. Croix County
Zoning Offiple at you equest.
SIGNED: DATE: g
] /plicant/ ent
Owner T�
The section below is to be completed by the Zoning Office.
A Variance/Special Exception use permit is requested as authorized
by Section