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ORDINANCE DECISION TREND ANALYSIS
Data Collection/Analysis Would Include:
Initial Data
Computer/Property I.D. # 109-7—`
Owner's Name � �- l/ u A , ywwd
Property Address ' -
Zoning District A2 AG AR RES COM IND
Past Zoning A2 AG RES COM IND
Overlay District NONE SHORELAND WETLAND FLOODPLAIN RIVERWAY
Location -- Section, Town, Range, Lot N O . X70 14 f
Acres t . 0 -,)-
Request Date el' 34 1 `7 O
Disposition DENIED APPROVED WITHDRAWN POSTPONED Date
Activity
Rezoning / Variance / Special Exception
Type of Variance/Special Exception bS
ROAD/HWY. SETBACK WATER SETBACK BLUFFLINE SETBACK LOT RATIO
DRIVEWAY SEPARATION NONCONFORMING LOT SIZE
Ordinance Citation_ �� • /G� Z
Supporting Evidence Description_
OT MAP/PLA SITE PLANT APPRO S OTOS PS SOIL TEST
Hardship YE NO
Linked to Rezoning YES
Conditions '
EXPIRATION DATE COMPLETION ACCORDING TO PLAN ALL PERMITS COMPLETE
ZONING OFFICE ACCESS & NOTIFICATION UPON COMPLETION EROSION CONTROL
Objections YES NO
II
SIOCROIX COUNTY
WISCONSIN
ZONING OFFICE
n n. ST. CROIX COUNTY GOVERNMENT CENTER
...�s 1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680
September 16, 1998 File Ref: 41-98
Peter L. and Lori A. Durand
1354 County Road A
New Richmond, WI 54017
Re: Board of Adjustment Decision
Dear Mr. and Mrs. Durand:
The St. Croix County Board of Adjustment has reviewed your request for a variance to
the required setback from a County Highway and has approved this application. The
enclosed document is the formal decision regarding your application.
Should you have any questions or concerns, please do not hesitate in contacting me.
ince ly,
---
ames K. Thompson /
Zoning Specialist
dm
Enclosure
cc: Janice Ball, Clerk - Town of Richmond
u
FINDINGS, CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 41-98
Complete Application Received: July 31, 1998
Hearing Notice Publication: Weeks of August 10 and 17, 1998
Hearing Date: August 27, 1998
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 applicants are Peter and Lori Durand, whose address is 1354 County Road A, New
Richmond, Wisconsin.
2. Peter and Lori Durand owner and reside at the property which is the subject of the
application and is located in Lot 3 of the SW 1/4 of the NE 1/4 of Section 30, T30N-
R18W, Town of Richmond, St. Croix County, Wisconsin.
3. The applicant on July 31, 1998 filed with the Zoning Office an application for a variance
to the required setback standards to a County Highway.
4. The Town of Richmond approved the application.
5. The request is for a variance to the required setback standards from a County Highway.
The applicant proposes to build a detached 28 x 50 foot garage/workshop at 94 feet from
the centerline of County Highway A.
6. The following exhibits were entered:
Exhibit 1: Application for the 39 foot variance from County Road A
Exhibit 2: Staff report
Exhibit 3: Letter from the Town of Richmond in support of the application
Exhibit 4: Copy of the half section map showing the property with the buildings
Exhibit 5: Copy of a hand drawn plot plan
Exhibit 6: Packet of photos of the property
Exhibit 7: Copy of hand drawn plot plan
Exhibit 8: Copy of Certified Survey Map showing dimensions of the property
7. The required setback cannot be met because of the grade of the land and the location
of the septic system that serves the residence.
8. There are mature trees on the east side of the property along the road and these trees
will block the view of the garage from the road.
i 0
9. The Board of Adjustment finds that special conditions exist that create an undue hardship
and warrant the granting of a variance.
10. The Board finds that granting of the variance will be consistent with the spirit and intent
of the zoning ordinance.
11. The Board of Adjustment finds that this variance application conforms with the
requirements for granting a variance.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the
Board approves the applicant's request for a variance and has been approved on the following
vote:
D. King Yes
B. Wert No
N. Golz No
R. Peterson Yes
Chairperson Speer Yes
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.
ZONN9 BOARD OF A DJUSTMENT
Signe
irperson
Attest
Zoning Director/ Specialist
Dated: 09/16/98
Filed: 09/16/98
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BOARD OF ADJUSTMENTS MEETING AND HEARING
MINUTES
i
August 27, 1998
(This meeting was recorded by Northwestern Court Reporters)
The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A role call was made. Nick
Golz,Julie Speer, Dick King, Brian Wert and Rich Peterson were present. Chairperson Speer believes
this to be a properly noticed meeting.
Staff included: Jim Thompson, Zoning Specialist and Debbie Murphy, Administrative Secretary.
Motion by King, second by Peterson to adopt the agenda. Motion carried.
Motion by Golz, second by King to approve the July minutes as written. Motion carried.
The Board set the next meeting date as September 25, 1998. Chairperson Speer asked the members
of the Board if they had any objection to the starting time for this meeting always being 8:30 a.m. The
Board was all in agreement that the start time should be 8:30 a.m. every month.
CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION
It was noted that Corporation Counsel, will be available today if needed.
OLD BUSINESS
Jim Thompson informed the Board that there is no old business today.
NEW BUSINESS
Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of
Adjustment meeting is conducted. Thompson read the public hearing notice as published:
PUBLIC HEARING
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, August 27,
1998 at 8:30 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: 17.29(2)(c) 1. Restrictions on Filling and Grading
APPELLANT: Ruth S. Huss/ Gary Zappa
LOCATION: Government Lot 3 & 4 in Section 23, T30N-R1 9W, Town of St. Joseph
2. ARTICLE: 226(89) Nonmetallic Mining and Reclamation
APPELLANT: Gillis Farms/ TCD Demolition, Inc.
LOCATION: The NE 1/4 of the SE 1/4 of Section 13, T29N-R1 8W, Town of Warren
3. ARTICLE: 17.15(6)(o). Livestock operation in excess of one animal unit per acre.
APPELLANT: Emerald Dairy/ John Vrieze
LOCATION: The N 1/2 of the NE 1/4 of the NE 1/4 of Section 22, T30N-R16W, Town of
Emerald
4. ARTICLE: 17.64(c)2. Variance to Class C Highway Setback
APPELLANT: Peter L. and Lori Durand
LOCATION: Government Lot 3, in the SW 1/4 of the NE 1/4 of Section 30, T30N-R1 8W, Town
of Richmond
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 Director, Hudson, Wisconsin at(715) 386-4680.
Julie Speer, Chairperson
St. Croix County Board of Adjustment
Peter and Lori Durand
Peter and Lori Durand, being duly sworn, state that they are the owners of the property. They are
asking for a variance from County Road A to construct a 28 x 50 foot garage. They cannot meet the
setback because of the grade of the land and the location of the drainfield. They went over the map
of their property with the Board. There are mature trees on the east side of the property near the road
and this will block the view of the garage from the road. Mr. Durand will mark the lot lines so that the
Board can look at them when they come out to view property.
The following exhibits were introduced by Thompson:
Exhibit 1: Application for the 39 foot variance from County Road A
Exhibit 2: Staff report
Exhibit 3: Letter from the Town of Richmond in support of the application
Exhibit 4: Copy of the half section map showing the property with the buildings
Exhibit 5: Copy of a hand drawn plot plan
Exhibit 6: Packet of photos of the property
Exhibit 7: Copy of hand drawn plot plan
Exhibit 8: Copy of Certified Survey Map showing dimensions of the property
The Board will visit the site.
_Ruth Huss/ Gary Z wa
Ruth Huss, John Huss, Peter Kramer and Gary Zappa were all sworn in. Zappa explained the reason
for the application. The property is on Bass Lake and they are asking to do some filling and grading
on the site where the garage will be built. They also have some work to do on the bank. Zappa went
over the contours of the structure and explained that the structure will be above grade and that is a very
minimal chance of any erosion.
Thompson introduced the following exhibits:
Exhibit 1: Application for filling and grading
Exhibit 2: Staff report
Exhibit 3: Copy of site plan and topographic map showing slopes and ordinary high water mark of
Bass Lake
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Exhibit 4: Erosion Control Plan - Thompson went over this plan with the Board and pointed out
retaining wall
Exhibit 5: Structural design of retaining wall
Exhibit 6: Copy of letter from Eunice Post to Ruth Huss
Exhibit 7: Certified Survey Map of Lot 7
Exhibit 8: Copy of designs by the architect
It was explained that the new structure is for a guest house. The Huss's own the adjoining lot also.
They would like to start the project as soon as possible. They are aware that they need to fill out an
application for the DNR. Eunice Post, of the DNR, stated that she needs to review the application and
see if it meets the codes. After her review, it has to be put out to public notice for 30 days.
The Board will visit the site.
Gillis Farms/TCD Demolition, Inc.
Bill Liddle, being duly sworn, states that he owns TCD Demolition and that they have a demolition site
in Warren. He is asking for an expansion of that operation. There is a tremendous amount of new
building being done in this area, and the landfill is filling up to capacity. He currently has a 50,000 cubic
foot site, was approved for an additional 50,000 cubic feet this year, and is asking for another 150,000
cubic feet, for a total of 250,000 cubic feet. The Town of Warren has recommended approval of this
application with certain conditions. Liddle stated that this will be enough room for the next 7 years, and
possibly up to 15 years.
Jack Tritt, being duly sworn, stated that he is with the Wisconsin Department of Natural Resources.
He explained that there has not been a formal application submitted to the DNR yet, but they have had
some discussions with Liddle. Mr. Liddle added that he wants to get approval from the county for the
expansion before he goes to all of the expense of getting the state permits that are required.
Steve Bishoff, being duly sworn, is an engineer for the project. He went over the map of the sites and
the expansion with the Board. They plan to do this project in phases of 50,000 cubic feet at a time.
When one pit is full, it will be capped. The pits will be clay lined and storm water controls are in place.
The ground water will be monitored. The leachate tank on the site will be a double walled tank. The
DNR approves of this type of tank. Liddle added that after a site is closed, it needs to be monitored for
40 years.
Jim Ainklin, being duly sworn, is with Ayres Associates. He stated that the soils are silt and silt/clay.
They have good information gathered on the groundwater flow. He went over the well construction
detail with the Board - Exhibit 11.
The sulfate levels have been a little high in some areas due to the gypsum in the sheetrock. The levels,
however, have not been in the dangerous levels. It was explained that the clay liners being installed
will take care of any future problems with this. It was also stated that the new wells will need to meet
the DNR standards for NR 141 and the DNR is responsible for making sure that all requirements are
being met and the site is being operated properly.
Rick McMonagle, being duly sworn, is the Executive Director for the Kinnickinnic River Land Trust. He
stated his concern with this project being so close to the Kinnickinnic River. He has concerns about the
chemicals that are in building materials, and that they will affect the river.
Jim Ainklin, being previously sworn, stated that the project is 1200 feet from the river, and that the State
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code allows for this. He further stated that this part of the river very rarely has any water in it and has
very little flow. Dick King added that he has never seen any water in this part of the Kinnickinnic.
Ainklin stated that the elevated sulfate levels were found in the well to the north, not to the south as
McMonagle thought. That is the furthest well from the river.
Steve Bishoff, being previously sworn, stated that the DNR does inspect these projects and the
engineers have to sign off on the designs and follow all DNR and state requirements.
The following exhibits were introduced:
Exhibit 1: Copy of application
Exhibit 2: Staff report
Exhibit 3: Letter from the Town of Warren in support of the application, along with a Resolution
stating conditions
Exhibit 4: Rough scale plan of the site showing current site and proposed sites.
Exhibit 5: Copy of location map
Exhibit 6: Topographic map showing site location
Exhibit 7: Copy of topographic cap showing ground water flow
Exhibit 8: Intermediate size construction and demolition landfill engineered features
Exhibit 9: Copy of cap system for landfill
Exhibit 10: Copy of regional groundwater map
Exhibit 11: Copy of well construction details
Exhibit 12: Groundwater elevations for existing water
The Board will visit the site.
Recessed at 10:10 a.m.
Reconvened at 10:20 a.m.
Vrieze Farms
John Vrieze, being duly sworn, is the applicant and is asking to exceed animal units per acre for a large
dairy in the Town of Emerald. He would like to have up to 1200 milking cows and will be purchasing
approximately 20 acres for the site. He is buying the acreage from the Mike and Kay Dorwin and will
rent approximately 1790 acres to spread the manure. Vrieze stated that is 50% more land than he
needs to take care of the manure that will be generated. He plans on having 1 manager live on the site
and 2 herdsman will be living near the site. Vrieze went on to explain that approximately 200 dry cows
will be housed at a farm in Eau Galle. All of the calves that are born are sold at birth and will not be
housed at this site.
There is a 590 Management Plan in place. A gravity flow manure system will be installed. Jim
Thompson handed out a copy of the plan for the buildings and the manure system for the Board to
review. This manure system can store the manure for up to a year and is designed by Tiry Engineering.
Vrieze plans to spread the manure in October and the cooler weather should help control the odor. The
manure will be immediately incorporated into the ground. The building that has been designed is about
800 feet long. This type of barn works best for the lay of the land. The roof line will be straight and the
front will have brick and stucco so that it will have a nice appearance. Vrieze stated that he has had a
lot of positive comments from people in the area on his plans for the dairy.
The Department of Natural Resources has been out to the property and has looked at the plans. If
Vrieze gets approval from the Board today, he will be submitting his permit application to the DNR.
4
Land and Water Conservation has reviewed the application. Their main concern is that they would like
written in the 590 Plan that if there is any change in the crop rotation on the property, they are to be
notified so the Plan can be changed. It was also noted that Dorwin must comply with the 590 Plan for
the agreement to be valid.
Vrieze stated that he would like the feed trucks to enter the property off of the side road and the milk
trucks off of County Road G. He does not see this causing any type of problem in the area. There will
be approximately 30 people working at this facility. There will be part time and full time help.
Vrieze informed the Board that there will not be any building started until winter, although they would
like to put some asphalt in on the site to store corn silage on it over the winter.
Barbara Nelson, being duly sworn, states that she lives in the Town of Emerald and is an immediate
neighbor of this property. She listed her concerns as being environmental, odor, noise from the
operation and trucks and economic, in that she believes their property values may decrease due to this
facility. She is asking the Board to look at how close this business is to other homes in the area.
Gary Klinger, being duly sworn, is a neighbor renting property next to this proposed facility. He stated
his concerns as being traffic, noise and water contamination. He is not opposed to farms, just one this
large.
Dave Anderson, being duly sworn, lives in the Town of Emerald. He stated his concerns about the
facility with regard to water quality, regulation of crop rotations and land values. He stated that there
are sink holes in the area and that concerns him.
Edward Joseph, being duly sworn, has purchased property in this area for recreational purposes. He
believes he has lost opportunities to sell his land because the dairy may be going in. He is also
concerned about how this will affect the water in the creek that runs through his property.
John Vrieze, being previously sworn, responded to concerns of neighbors. He said that the manure will
be disked into the soil immediately to eliminate any runoff problems. The manure will be spread on 3
different farms. There are monitoring devices to be put in place to watch the nitrate levels. The manure
pits will be designed with clay liners and will be designed correctly and installed properly. Vrieze went
on to say that this type of business is allowed in this area. The county has stated that they would like
to see this part of the county remain agricultural. The Dorwin's and Vrieze's will be running a family
farm together, as this is two families joining resources to run the farm.
Mike Cossellius, being duly sworn, states that he feels that a large dairy such as this will affect the small
farmers in the area and the value of the small farms will decline.
The following exhibits were introduced by Thompson:
Exhibit 1: Copy of application
Exhibit 2: Staff report
Exhibit 3: Letter from the Town of Emerald recommending approval of the project
Exhibit 4: Preliminary construction plans by Tiry Engineering
Exhibit 5: Operations and Maintenance Plan by Tiry Engineering
Exhibit 6: Waste Storage Structure, Facility and Transfer System designs
Exhibit 7: Engineering Report for Emerald Dairy - summary of pollution
Exhibit 8: Copy of NR 243 - Animal Waste Management Plan for the State
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Exhibit 9: 590 Management Plan
The Board will visit the site.
The Board recessed at 11:30 a.m. to visit the sites.
DECISIONS
The Board reconvened at 1:50 p.m. to render Decisions.
Peter and Lori Durand
Motion by Wert, second by Golz to deny the application as there is not a hardship. The following vote
was taken to deny: King, no; Peterson, no; Golz,yes;Wert, yes; Chairperson Speer, no. Motion failed.
Motion by Peterson, second by King to grant variance. It is believed that there is a hardship, as they
cannot meet the setback due to the grade of the land and location of the drainfield.
The following vote was taken to approve: King, yes; Wert, no; Golz, no; Peterson, yes; Chairperson
Speer, yes. Motion carried.
Ruth Huss/ Gary Zappa
Motion by King, second by Wert to approve application for filling and grading with the following
conditions:
1) Applicant to obtain all appropriate permits and approvals from the Wisconsin Department
of Natural Resources.
2) Approval from the Town of St. Joseph before construction can begin.
3) Follow plans as presented
The following vote was taken to approve: Peterson, yes; Golz, yes; Wert, yes; King, yes; Chairperson
Speer, yes. Motion carried.
Gillis Farms/TCD Demolition, Inc.
Motion by Peterson, second by Golz to approve application for special exception permit for nonmetallic
mining and reclamation with the following conditions:
1) Applicant to obtain all appropriate permits and approvals from the Wisconsin Department
of Natural Resources.
2) Applicant to come back to the Board previous to opening another 50,000 cubic foot site.
3) Follow Agreement with the Town of Warren that was signed on 7/13/98.
4) Follow plans as presented.
The following vote was taken to approve: King, yes; Golz, yes; Peterson, yes; Wert, abstained;
Chairperson Speer, yes. Motion carried.
Emerald Dairy/John Vrieze
Motion by Golz, second by Speer to approve application for a special exception permit to exceed
number of animal units per acre with the following conditions:
1) Manure applications to be immediately incorporated into the soil.
6
2) All required reviews and approvals to be obtained and forwarded to Zoning Office.
3) Land and Water Conservation Office to be notified when pits are empty to allow annual
inspection of liner.
4) Annual review of 590 Plan by crop consultant with results to be forwarded to Land and
Water Conservation.
5) Notify Land and Water Conservation office of any change in crop rotation.
6) Copies of new leases for land in the 590 Plan shall be provided as they are renewed or
made part of the area included for spreading.
7) The maximum number of cows allowed under this permit is 1200 dairy cows at the site.
8) An emergency action plan shall be submitted to the Land and Water Conservation Office.
9) The permit will not be valid until all Land and Water Conservation conditions are met and
DNR approval and permits obtained.
The following vote was taken to approve: King, yes; Wert, yes; Peterson, yes; Golz, yes; Chairperson
Speer, yes. Motion carried.
Motion by Wert, second by King to adjourn meeting. Motion carried. Meeting adjourned at 2:20 p.m.
Respectfully submitted,
Awl,A.'-
Debbie Murphy Brian Wert
Recording Secretary Secretary
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