HomeMy WebLinkAbout036-1091-40-000 (2)
Land Use
\ s 0=0riyN 'Pann ing & Land Information
S T. C R O I 1 i ~j , Resource Management
Community Development Department
September 24, 2015 File Ref: SE88602
Gary & Heidi Schmit
1824 County Road T
New Richmond, W154017 y
Re: Conditional Use Permit in the Rural Residential District
Parcel Identification 036-1091-40-000, Town of Stanton
Dear Mr. and Mrs. Schmit:
The St. Croix County Board of Adjustment (Board) has reviewed your request for the following item:
Conditional Use Permit for a livestock facility that exceeds one animal unit per acre of land
suitable for animal waste utilization pursuant to Section 17.15 (6) (u) of the St. Croix
County Zoning Ordinance.
After the hearing on September 24, 2015, the Board approved the request with conditions. The enclosed
document is the formal decision regarding the application.
You must obtain any other required local, State, and Federal permit requirements, licenses and approvals.
Feel free to contact me with any questions or concerns.
Sincerely,
Sarah Droher
Land Use Technician
Enclosures: Formal Decision
cc: Town of Stanton Clerk
File
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Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, WI 54016 Fax 715.386.4686
www.sccwi. us/cdd www.facebook.com/Stcroixcountvw i cdd @co.sain t-croix. wi. us
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FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File: SE88602
Applicant: Gary Schmit
Location: E'/2 of the SW 1/4, Sec. 35, T3 IN, R17W, Town of Stanton
Hearing Notice Publication: September 10, and 16
Hearing Date: September 24, 2015
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and visited the site, the Board of Adjustment
makes the following Findings of Fact and Conclusions of Law pertinent to the request:
1. The property owner/applicant is Gary Schmit.
2. The site is located at 1824 County Road T, Section 35, T3 IN, RI 7W, Town of Stanton.
3. The applicant currently owns and operates the farm operation on eight (8) acres with 91 animal units;
approximately four (4) acres are suitable for animal waste utilization.
4. The applicant requests a Conditional Use Permit to exceed one animal unit per acre of land suitable for
animal waste utilization pursuant to Section 17.15 (6) (u) of the St. Croix County Land Use Ordinance.
5. The Town of Stanton recommended approval of the Conditional Use Permit.
6. The St. Croix County Highway Department inspected the site and found the existing access to County
Road T to have adequate site distance, and therefore have no concerns at this time.
7. The St. Croix County Community Development Department, Resource Management Division has
reviewed the application and determined the following:
a. Wisconsin Administrative Code Chapter ATCP 51, Livestock Facility Siting does not apply
because the operation is less 500 animal units.
b. The site is currently compliant with Wisconsin Administrative Code Chapter NR 243, Animal
Feeding Operations.
c. The site is currently compliant with Wisconsin Administrative Code Chapter NR 151, Runoff
Management.
i. There are no manure storage facilities.
ii. There are no unconfined manure piles in a water quality management area.
iii. There is not direct runoff from a feedlot or stored manure pile into waters of the state.
iv. Livestock are not allowed unlimited access to waters of the state to the extent that
animals prevent self-sustaining vegetative cover.
d. The St. Croix County Land Use Ordinance Chapter 11, Animal Waste Storage Facilities does
not apply because the operation does not have an animal waste storage facility.
e. The site is currently compliant with Natural Resources Conservation Service (MRCS)
Conservation Practice Standard Code 590, Nutrient Management.
i. A Nutrient Management Plan was approved by St. Croix County Community
Development Department, Resource Management Division on July 28, 2015.
8. All existing livestock structure(s), meet the applicable setbacks from any property line or public road
right-of-way pursuant to Section 17.12 (14) of the St. Croix County Land Use Ordinance.
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9. The applicant has an agreement to utilize adjoining land from Traiser Farms LLP to pasture animal
units.
10. The applicant has an agreement to utilize land from Betty Schmit (Mother to applicant) to apply animal
waste.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board of Adjustment
approved the conditional use request, with the following conditions:
1. This Conditional Use Permit allows the applicant to exceed one animal unit per acre of land suitable for
animal waste utilization. The following standards apply, are being met and must continue to be met:
a. Wisconsin Administrative Code Chapter NR 243, Animal Feeding Operations.
b. Wisconsin Administrative Code Chapter NR 151, Runoff Management.
c. Natural Resources Conservation Service (MRCS) Conservation Practice Standard Code 590,
Nutrient Management.
2. A Nutrient Management Plan shall be submitted annually to the St. Croix County Community
Development Department, Resource Management Division for review and approval. Soil sample(s)
must be submitted once every four (4) years for every five (5) acres utilized for animal waste.
3. The applicant shall maintain agreements to utilize adjoining land to pasture animal units and apply
animal waste. Copies of these agreements shall be submitted to the St. Croix County Community
Development Department annually no later than April 15 of each year.
4. The applicant shall be responsible for securing any necessary local, State, or Federal permit(s), licenses
and approvals.
4. These conditions may be amended or additional conditions may be added if unanticipated circumstances
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 public hearing.
5. Any new owners of the property must adhere to the standards and conditions of the approved
Conditional Use Permit. Any change or addition to use of the property, buildings; or modification of or
addition to the property, building, or facilities; or changes to the current project details shall require
review by the Zoning Administrator to determine if the use may be allowed. The permit applies to the
property rather than to the individual, is valid for the specific premises, and is not transferrable to other
properties.
6. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of
this decision and has no objections if County staff conducts unannounced onsite inspections to check for
compliance with the conditions of this permit.
The following vote was taken to approve: Chairman Malick, yes; Peterson, yes; Nelson, yes; and Sontag, yes;
Niccum, yes. Motion carries.
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
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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.
Z,O)flNG BO F tsS K T
( t ~
Signed: 1 f
Date Filed: September 24, 2015 Clarence W. "Buck" Malick, Chairman
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