HomeMy WebLinkAbout032-2008-40-050
ST. CR O NT Y. Land Use
Planning & Land Information
`l.'C'C1ILa5'l fZ, Resource Management
Community Development Department
June 30, 2014 File Ref: SE88235
P and P Properties of Somerset Inc.
196362 d Street
Somerset WI 54025
Re: Special Exception request to renew a Special Exception Permit for a nonmetallic mining
operation pursuant to Section 17.15 (6)(g) of the St. Croix County Nonmetallic Mining Ordinance.
Property is located in sections 2 and 3, T30N, R19W in the Town of Somerset
Dear P and P Properties,
The St. Croix County Board of Adjustment (Board) has reviewed your application for a Special
Exception to renew a Special Exception Permit at the property referenced above. At the hearing on June
26, 2014 the Board approved your special exception request with conditions. The enclosed document is
the formal decision regarding the application.
You must obtain any other required local, state, and federal permits and approvals. Should you have any
questions or concerns, please contact me at 715-386-4680.
Sincerely,
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Alex Blackburn
Land Use and Conservation Specialist
cc: Jeri Koester Somerset Town Clerk, P.O. Box 248 Somerset, WI 54025
Doug Bettinger, The Kraemer Company, 820 Wachter Avenue, Plain WI 53577
File
Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, Wl 54016 Fax 715.386.4686
www.sccwi. us/cdd www. facebook. com/stcroixcountvwi cdd@co.saint-croix. wi. us
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File: SE88235
Applicant: P and P Properties of Somerset Inc.
Agent: Doug Bettinger of the Kraemer Company
Location: Sections 2 and 3, T30N, R19W, Town of Somerset
Hearing Notice Publication: June 9 and 16, 2014
Hearing Date: June 26, 2014
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and reviewed the site the Board of Adjustment
makes the following Findings of Fact and Conclusions of Law for the special exception;
1. This gravel pit has been in operation since 2004 and has been operating with a Special Exception
permit that was approved in June of 2004 and renewed in June of 2009.
2. Staff from the Resource Management Division conducted an onsite inspection on May 15th and found
no off site erosion. The site is well contained. Review is complete, no further comments.
3. Staff from the Land Use Division reviewed the permit conditions from 2004 and 2009 and this
operation is in compliance with those conditions.
4. There have been no complaints about this operation.
5. The Town of Somerset recommends approval of this request.
6. During the site visit, there were no potholes on 180th Avenue/Parent Road from the pit to State Highway
64,and the length of town road that the trucks would travel on was approximately 100 feet long.
7. Denise L'Allier-Pray testifies that she knew people whose health was damaged by blastomycosis which
she attributed to the mine operation. The Board noted that she is not a medical expert and concluded
that her testimony was not convincing. She also claimed that there were open wells. Agent, Doug
Bettinger denied there were any open wells. On the site visit the Board found no evidence to support
this claim.
8. Agent Doug Bettinger stated that he would like to mine out the quarry in one year. He asked for
permission to take out 50,000 cubic yards per year.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board of Adjustment
approves the special exception request, with the following condition:
1.) All previous conditions shall remain in effect.
2.) The annual mining limit is 50,000 cubic yards.
The following vote was taken to approve: Chairperson Malick, yes; Peterson, yes; McCallister, yes; Nelson,
yes Sontag,yes; All votes in favor, motion carries.
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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(10), 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.
G BO OF AD ST NT
Signed:
Clarence W. Malick, Chairperson
Date Filed: 06/30/2014
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